AGREEMENT BETWEEN AMERICA ON TRACK AND
CITY OF SANTA ANA FOR GANG PREVENTION AND INTERVENTION PROGRAM
SERVICES
THIS AGREEMENT is made and entered into on this day of , 2023 by and between America on Track , a California nonprofit corporation (“Consultant”), and the C ity of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”). The City and Consultant shall be collectively referred to as “Parties.”
RECITALS
A. On June 1, 2023, the City issued a Request for Proposal No. 23 -090A (“RFP 23-090A”), by which it sought qualified contractors to provide special skill and knowledge in the field of gang prevention and intervention program services that promote a proactive, preventative approach to addressing concerns with at-risk youth and gang activity.
B. Consultant submitted a responsive proposal that was among those selected by the City.
Consultant represents that Consultant is able and willing to provide services to the City that were described in the scope of work included in RFP 23-090A.
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 during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the Scope of Work that was included in RFP 23 -090A, which is attached as Exhibit A , and incorporated in full, a nd as summarized in Consultant’s Scope of Work and Budge t, which is attached as Exhibit B and incorporated in full.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $200,000 annually, for a total of $400,000 including extension period. The total not-to-exceed amount for the aggregate amount available to all the retained consultants shall be $800,000, including extension period.
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b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above for a one (1) year term with the option for the City to grant up to a one , one (1) year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earli er in accordance with Section 17, below.
4. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and th e total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant 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. OWNERSHIP OF MATERIALS
This Agreement creates a non -exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other doc uments or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the sub contractor prepares under this Agreement.
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Consultant represents an d warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
7. INSURANCE
Minimum insurance requirements are as follows:
Certificate Holder must be addressed as follows:
City of Santa Ana
Risk Management Division
20 Civic Center Plaza
Santa Ana, CA 92702
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering any auto (Code 1), or if Consultant has no owned autos, hired (Code 8) and non-owned (Code 9) autos, with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Professional Liability applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
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Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).
Primary Coverage
For any claims related to this contract, the Consultant’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
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2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
Verification of Coverage
Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them.
The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Consultant shall require and verify that all subcontractor maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
8. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) 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, whi ch may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The 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. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity EXHIBIT 3
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shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including cos ts, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.
10. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.
11. 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 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.
12. 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.
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13. 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 fax or other telegraphic communication in the manner provided in this Section, to the following persons:
To City: City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Executive Director
Community Development Agency
City of Santa Ana
20 Civic Center Plaza (M-25)
P.O. Box 1988
Santa Ana, CA 92702
To Consultant: Natividad Alvarado
Chief Executive Officer
Nati’s House dba Neutral Ground
1920 E. 17th Street
Santa Ana, CA, 92705
Fax:
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 fax, 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
14. 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 or 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 EXHIBIT 3
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party, which is not embodied herein.
15. 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 th e 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.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. 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(s) 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.
18. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
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19. 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.
20. 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 o f its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
21. FUNDING-RELATED PROVISIONS
Funds from the Coronavirus State Fiscal Recovery Fund and/or th e Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds (“CSLFRF”) program, will be used to fund all or a portion of this Agreement. As applicable, Consultant shall comply with all federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference:
a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the “Act”);
b. U.S. Department of the Treasury (“Treasury”) Final Rule for the Act;
c. Treasury Compliance and Reporting Guidance for the Act;
d. 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury;
e. Treasury Coronavirus Local Fiscal Recover y Fund Award Terms and Conditions ; and
f. Federal contract provisions attached hereto as Exhibit C and incorporated herein by reference.
Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Agreement. With respect to any conflict between such federal requirements and the terms of this Agreement and/or the provisions of state law and except as otherwise required EXHIBIT 3
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under federal law or regulation, the more stringent requirement shall control.
22. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below 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 co sts 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: CITY OF SANTA ANA
Jennifer Hall
City Clerk City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO CONSULTANT: AMERICA ON
City Attorney TRACK
By:
Andrea Garcia-Miller By: Claire Braeburn
Assistant City Attorney Title: Executive Director
RECOMMENDED FOR APPROVAL:
Michael Garcia
Executive Director
Community Development Agency
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EXHIBIT A
Scope of Work
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CITY OF SANTA ANA
III. PARTNERSHIPS
A. Relationship Building
Limited partnerships whose general partners are otherwise eligible under the above are also eligible for Program funds.
B. Performance Monitoring
Grantee shall furnish all data, statements, records, information, and reports necessary for the City to monitor, review and evaluate the performance of the Scope of Services and its components. Grantee shall cooperate with the City in the conduct of any evaluation of Grantee's Services. Grantee shall further cooperate to incorporate minor modifications that may be discovered as necessary and appropriate as a result of feedback from the monitoring and evaluation process. Grantee recognizes and agrees that an evaluation of the Scope of Services may be completed after the expiration of the Term. The City shall have the right to request the services of an outside agent to assist in any such evaluation. Such evaluation services shall be paid for by the City.
1. Grantee shall submit regular Progress Reports regarding Grantee’s performance and compliance under this Agreement.
2. In addition to the Progress Reports required hereunder, Grantee shall participate in a client result evaluation (the "Evaluation") for the Scope of Services encompassing the Grantee’s performance during the entire Term. The Evaluation will be conducted in accordance with an Evaluation plan approved by the Manager. Grantee shall cooperate with the City in the development of the Evaluation plan and in its implementation.
3. In the event funding for another cycle is appropriated in future fiscal years, Grantee acknowledges and agrees that Grantee's future funding, if any, may be determined based on participation results of the evaluation processes described in this Section. The City shall use data in the evaluation of the Grantee's current performance and for the development of future performance targets, consistent with the evaluation system.
4. The Manager or his/her designee shall monitor the Grantee’s progress and performance of this Agreement. All services agreed to be performed by Grantee shall be conducted as set forth in this Section. The Parties agree that substantial involvement is expected between the Manager and the Grantee when carrying out the Scope of Services.
5. Grantee’s staff shall prioritize any referrals submitted by the Manager of the Homeless Services Division or assigned staff, that pertain to the services provided by the Grantee under the terms of the Agreement.
C. Wrap-Around Supportive Services
One of the most important elements of the Gang Prevention and Intervention Program is ongoing supportive services that are “wrapped around” at-risk youth and their families.
Service provider’s responsibilities in the course of this program shall include, but not be limited to:
a. Performing outreach and intake of targeted individuals for participation in the Program;
City of Santa Ana
RFP No. 23-090A
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CITY OF SANTA ANA
b. Assessing youth and their families to prescribe/refer to services; c. Performing case management services for at-risk youth that will remove barriers to the successful achievement of independent living skills, attainment of employment skills, and greater self-determination;
Supportive Services are defined as services provided for the purpose of addressing the tenants’ condition of homelessness and enhancing the tenants' ability to maintain independent living. Supportive services must address the special needs of the tenants to be served. Typical services may include, but are not limited to:
a. Mental healthcare;
b. Trauma-Informed care
c. Advocacy and resource support and assistance such as i. Temporary Assistance to Needy Families (TANF),
ii. General Assistance,
iii. Cal Fresh,
iv. Money management/payee services;
v. Nutritional counseling; and
vi. Assistance in obtaining other resources and support for at-risk youth and their families such as clothing, and transportation, job training and job placement.
These services must be be provided directly or by arrangement with other service providers.
D. Eligible Uses and Activities
Program funds can be used to enter into an Agreement with eligible organizations that will provide the requested services.
E. Compliance with Federal and Local Regulations
All projects must comply with all applicable federal requirements contained in Exhibit III and 24 CFR 982, including, but not limited to, environmental review, labor and wage requirements, debarred contractors, lead-based paint and equal opportunity. Awardees should note:
Contract Requirements: All work shall be completed by licensed contractors
Labor Standards: Contracts over $10,000 must comply with Equal Opportunity-Affirmative Action requirements. All efforts shall be made to provide equal opportunity for employment without discrimination as to race, marital status, sex, color, age, religion, national origin or ancestry, and to seek out qualified local tradespeople for contracting and subcontracting bids.
Accessibility: All projects must comply with the federal Section 504 Disabled Accessibility regulations contained in Sections 8.22 and 8.23 of Subpart C, 24 CFR Part 8.
F. Employement Opportunities to Santa Ana Residents
Vendor(s) shall solicit and advertise employment opportunities to Santa Ana residents. The City shall inform the Vendor(s) of areas to publicize recruitment opportunities, such as the Santa Ana WORK Center and community centers. Such effort and procedure will be provided to the City for review.
City of Santa Ana
RFP No. 23-090A
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EXHIBIT B
Consultant’s Scope of Work and Budget
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Emerging Leaders for Civic Engagement (Total of 40 youth) 1) Recruit and train 20 high school students to participate as teen leaders in Santa Ana; 2) Recruit 20 elementary/middle school students in 4th, 5th and/or 6th grade in Santa Ana; 3) Serve a minimum of 40 youth through weekly 4.5-hour afterschool leadership sessions; 4) Provide 22 weekly leadership sessions between October 2023 and May 2024.
Brighter Fkutures for Children of Prisoners (Total of 125 participants) 1) Recruit 25 new Santa Ana children of prisoners and provide comprehensive services to them, to their guardians and to their siblings, for a total of 100 Santa Ana residents served; 2) Recruit, train, screen and maintain adult mentors for a total of 25 individual mentors per year to be matched with Santa Ana children.
Botvin LifeSkills Training (Total of 90 youth)
1) Conduct 8 weekly sessions for 1 Elementary Cohort of 30 students 2) Conduct 15 weekly sessions for 1 Middle School Cohort of 30 students 3) Conduct 10 weekly sessions for 1 High School Cohort of 30 students CalFresh Healthy Living (Total of 150 participants)
1) Conduct multi-week nutrition education classes to 5 cohorts of youth and/or adult participants,for a total of 150 unduplicated partiipants.
Mental Health Services (Total of 15 individuals and/or families) 1) Offer multi-week individual and/or family trauma counseling, 8-12 sessions, for 15 at-risk youth and their families.
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Organization Name
Program Name
Expenditures
Funded By
Santa Ana
CDBG
Expenditures
Funded By
Other Sources
Program
Budget
Total
Organization
Budget
$24,765 $24,765 85,000$
$116,790 $116,790 1,291,000$
$18,750 11,800$ $30,550 283,700$
$7,043 $7,043 135,799$
$0 7,700$ $7,700 89,184$
$11,371 21,740$ $33,111 300,395$
$0 845$ $845 9,741$
$3,100 $3,100
$0 $0
$0 $0
$181,819 $42,085 $223,904 $2,194,819
Indirect Costs 10% $18,182 $4,208.50 $22,390
$200,000 $46,294 $246,294 $2,194,819
* Indirect cost rate: 10%
Foundation Grants
FUNDING SOURCE
Santa Ana Gang Grant
25,000.00$
Kids On Track Golf Fundraiser 21,294.00$
AMOUNT
200,000$
Funding Source Total must equal Program Budget Total listed above.
Program Materials & Supplies
Mileage
Mentor Screening & Training
0 TOTAL Direct Costs
0 PROGRAM RESOURCES
LIST ALL OTHER PROGRAM RESOURCES FOR 2023-2024
TOTAL BUDGET
Non-Federal entity without federaly recognized negotiated indirect cost rate, will charge a de minimis rate of 10% of modified total direct costs.
Office Supplies & Communication
FISCAL YEAR 2023-2024
PROGRAM BUDGET
America On Track
On Track for Gang Prevention
EXPENDITURES
Enter budget categories and projected expenditures for the proposed program:
Category
Administrative Staff Salaries
Program Staff Salaries
Contractual/Professional Services
Rent & Insurance
TOTAL 246,294$
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ADMINISTRATIVE STAFF
Position Title
Annual Salary
& Benefits
Revive Funds
Requested Description
Project Administrator $ 24,765 $ 24,765
PROGRAM STAFF
Position Title
Annual Salary
& Benefits
Revive Funds
Requested Description
Program Coordinator $ 44,450 $ 44,450
Health Educator $ 63,500 $ 63,500
College Intern $ 8,840 $ 8,840
Type of Service
Contract
Amount
Revive Funds
Requested Description
Evalutation Consultants $ 11,800 $ - Mosaic Mental Healh Group $ 18,750 $ 18,750
OTHER LINE ITEMS
Line Item
Program
Amount
Revive Funds
Requested Description
Rent & Insurance $ 7,043 $ 7,043 Of c pp es & Communication $ 7,700 $ -
Program Materials & Supplies $ 33,111 $ 11,371
Monthly STEAM Workshops, and Healing Activities for
Mileage $ 845 $ -
Mentor Screening & Training $ 3,100 $ 3,100 2023-2024 REVIVE BUDGET LINE ITEMS
CONTRACTUAL/PROFESSIONAL SERVICES
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EXHIBIT C
FEDERAL CONTRACT PROVISIONS
During the performance of this Agreement, Consultant shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit.
1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON -FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327)
(a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience.
(b) Appendix II to Part 200 (C) – Equal Employment Opportunity: If this Agreement meets the definition of a “federal assisted construction contract” in 41 CFR § 60 -1.3, Consultant agrees as follows during the performance of this Agreement:
(i) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(ii) The Consultant will, in all solicitations or advertisements f or employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(iii) The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information. (iv) The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding , a notice to be provided advising the said labor union or workers' representatives of the Consultant's EXHIBIT 3
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commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(v) The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (vi) The Consultant will furnish all information and reports required by Executive Order 11246 o f September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to a scertain compliance with such rules, regulations, and orders.
(vii) In the event of the Consultant's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, termin ated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(viii) The Consultant will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States.
The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices wh en it participates in federally assisted construction work:
Provided, That if the City so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Agreement.
The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the Consultant and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may EXHIBIT 3
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require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.
The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and pe nalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the City agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from ex tending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
(c) Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this Agreement since it is funded by CSLFRF.
(d) Appendix II to Part 200 (D) – Copeland “Antti-Kickback” Act: Not applicable to this Agreement since it is funded by CSLFRF.
(e) Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:
(i) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mech anics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (ii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the Co nsultant and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages.
Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii ) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section. (iii) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor EXHIBIT 3
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withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the Consultant, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Consultant, such sums as may be determined to be necessary to satisfy any liabilities of Consultant or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section. (iv) Subcontracts. The Consulta nt or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Consultant shall be respons ible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. (f) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement: If the Federal award mee ts the definition of “funding agreement” under 37 CFR § 401.2 (a) and the Consultant wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the Consultant must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperati ve Agreements,” and any implementing regulations issued by the awarding agency.. (g) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act:
(i) Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000. (ii) Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.
(h) Appendix II to Part 200 (H) – Debarment and Suspension:
(i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify t hat none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
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(ii) Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(iii) This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant also agrees to verify that all subcontractors performing work under this Agreement are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Consultant further agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of this Agreement.
(i) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: Consultants that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federa l appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. (j) Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:
(i) Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii) In the performance of this Agreement, the Consultant shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price. (iii) Information about this requirement, along with the list of EPA -designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.”
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(k) Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment:
(i) Consultant shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Agreement. As described in Public Law 115 –232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunica tions equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
(2) Telecommunications or video surveillance services provided by such entities or using such equipment.
(3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
(ii) See Public Law 115-232, section 889 for additional information. (l) Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement:
(i) Consultant shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts.
(ii) For purposes of this section:
(1) “Produced in the United States’’ means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
(2) ‘‘Manufactured products’’ means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl c hloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S
BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) EXHIBIT 3
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(a) Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award.
(b) Affirmative steps shall include:
(i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(ii) Assuring that small and minority busi nesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women' s business enterprises;
(iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and (v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce. (c) Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by the City.
3. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY
CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND
CONDITIONS
(a) Maintenance of and Access to Records. Consultant shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing.
Consultant agrees to provide the City, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the Consultant which are directly pertinent to this Agreement for the purposes of conducting audits or other investigations. Records shall be maintained by Consultant for a period of five (5) years after completion of the Project. (b) Compliance with Federal Regulations. Consultant agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Consultant also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation, the following:
(i) Universal Identifier and System for Award Management (SAM), 2 C.F.R.
Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.
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(ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R.
Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference.
(iii) OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transacti ons (contracts and subcontracts described in 2 C.F.R.
Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19.
(iv) Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. (v) Governmentwide Requirements for Drug -Free Workplace, 31 C.F.R. Part
20. (vi) New Restrictions on Lobbying, 31 C.F.R. Part 21. (vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.
(c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination.
Consultant agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation, the following:
(i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance.
(ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability.
(iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits d iscrimination on the basis of disability under any program or activity receiving federal financial assistance.
(iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance. (v) Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.
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(d) False Statements. Consultant understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.
(e) Protections for Whistleblowers.
(i) In accordance with 41 U.S.C. § 4712, Consultant may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. (ii) The list of persons and entities referenced in the paragraph above includes the following:
(1) A m ember of Congress or a representative of a committee of Congress;
(2) An Inspector General;
(3) The Government Accountability Office;
(4) A Treasury employee responsible for contract or grant oversight or management;
(5) An authorized official of the Department of Justice or other law enforcement agency;
(6) A court or grand jury; or
(7) A management official or other employee of Consultant, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. (f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Consultant is encouraged to adopt and enforce on -the-job seat belt policies and programs for their employees when operating company -owned, rented or personally owned vehicles, and encourage its subcontractors to do the same (g) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Consultant should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging wh ile driving, and Consultant should establish workplace safety policies to decrease accidents caused by distracted drivers.
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(h) Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of th is assurance apply to the Project, including, but not limited to, the following:
(i) Consultant ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents.
(ii) Consultant acknowledges that Executive Order 13166, “Improving Access to Ser vices for Persons with Limited English Proficiency (LEP),” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. Consultant understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964.
Accordingly, Consultant shall initiate r easonable steps, or comply with Treasury’s directives, to ensure meaningful access to its programs, services and activities to LEP persons. Consultant understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project.
(iii) Consultant agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting progr ams, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov. (iv) Consultant acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Consultant and Consultant’s successors, transferees and assignees for the period in which such assistance is provided.
(v) Consultant agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Consultant and the Consultant’s subcontractors, successors, transferees and assignees:
The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or othe rwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also extends protection to persons with “Limited English proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the Treasury Titl e VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this EXHIBIT 3
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contract (or agreement).
(vi) Consultant understands and agrees that if any real property or structure is provided or improved with the aid of federal financi al assistance by the Department of the Treasury, this assurance obligates the Consultant, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financ ial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Consultant for the period during which it retains ownership or possession of the property. (vii) Consultant shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any se ttlement agreements that may result from these actions. Consultant shall comply with information requests, on-site compliance reviews, and reporting requirements. (viii) Consultant shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proce edings based on the complaint, pending or completed, including outcome. Consultant must also inform the Department of the Treasury if Consultant has received no complaints under Title VI. (ix) Consultant must provide documentation of an administrative agency’ s or court’s findings of non -compliance of Title VI and efforts to address the non -compliance, including any voluntary compliance or other agreements between the Consultant and the administrative agency that made the finding. If the Consultant settles a c ase or matter alleging such discrimination, Consultant must provide documentation of the settlement. If Consultant has not been the subject of any court or administrative agency finding of discrimination, please so state.
(x) If Consultant makes sub -awards t o other agencies or other entities, Consultant is responsible for assuring that sub-recipients also comply with Title VI and all of the applicable authorities covered in this assurance.
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5 0
Human Resources
www.santa-ana.org/human-resources
Item # 31
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 7, 2023
TOPIC: First Amendment to Preventative Ergonomics Assessments Services Agreement with Jorge Melgoza, DBA Ardent Ergonomics
AGENDA TITLE
Approve a First Amendment to the Agreement with Jorge Melgoza, DBA Ardent Ergonomics for preventative ergonomics assessments
RECOMMENDED ACTION
Authorize the City Manager to execute a first amendment to the agreement with Jorge Melgoza, DBA Ardent Ergonomics, to continue to provide preventative ergonomic assessments for City employees for an additional amount not to exceed $50,000 (not to exceed $100,000 for the entirety of the Agreement expiring on November 22, 2024), subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX).
GOVERNMENT CODE §84308 APPLIES:Yes
DISCUSSION
The City has a contractual relationship with Jorge Melgoza, DBA Ardent Ergonomics, for preventative ergonomics services, which include ergonomic assessments and evaluations. The Agreement provides the City with the resources necessary to efficiently meet its ergonomic compliance and safety needs, on an as-needed basis. Ardent Ergonomics has specialized experience and expert knowledge in the field of ergonomic evaluations and conducting ergonomic risk assessments. The First Amendment to the Agreement will increase the not-to-exceed amount from $50,000 to $100,000. The Amendment does not guarantee work for the consultant.
FISCAL IMPACT
Contract authority may be paid in its entirety during any given fiscal year, expended throughout the term of the contract, or not spent at all. Moreover, any contract services and associated expenditures are subject to available funding in the Human Resources Department budget. Funds are budgeted and available in the following accounts for the specified year:
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First Amendment to Preventative Ergonomics Assessments Services Agreement with Jorge Melgoza DBA Ardent Ergonomics
November 7, 2023
Fiscal Year
Accounting
Unit-Account #
Fund
Description
Accounting
Unit, Account
Description Amount
08009052-
62300
Liability &
Property
Insurance
Contract
Services-
Professional
$25,000
2023/24
08209052-
62300
Workers
Compensation
Contract
Services-
Professional
$25,000
EXHIBIT(S)
1. First Amendment to the Agreement for Services Between City of Santa Ana and Jorge Melgoza DBA Ardent Ergonomics
Submitted By: Ramon Figueroa, Acting Executive Director of Human Resources Approved By: Steven Mendoza, Acting City Manager
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Planning and Building Agency
www.santa-ana.org/planning-and-building
Item # 32
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 7, 2023
TOPIC: Agreements for Qualified Consultants to Provide On-Call Environmental and Planning Services
AGENDA TITLE
Approve agreements for qualified consultants to provide on-call environmental and planning services for planning projects and supplemental staff services for an aggregate amount not to exceed $4,950,000, for up to a five-year term.
RECOMMENDED ACTION
Authorize the City Manager to execute agreements to engage each of the 35 environmental and planning services firms listed below, as-needed, for a period of five years beginning November 7, 2023 through November 7, 2028, to provide on-call environmental, technical, and planning services for the Planning and Building Agency at the fees set forth in their responses to Request for Qualifications (No. 23-142) for an aggregate amount not to exceed $4,950,000, for up to a five-year term, subject to non- substantive changes by the City Manager and City Attorney (Agreement No. 2023-XXX).
Consultants
Architectural Resources Group Interwest
Ardurra Kimley Horn
Ascent M-Group
Aspen Environmental Group Michael Baker International
Chambers Group MIG, Inc.
Circlepoint Placeworks
CSG Consultants Psomas
De Novo Planning Group RE Consulting
Dudek Rincon Consultants, Inc.
ECORP Consulting, Inc. Sagecrest Planning and Environmental, LLC EcoTierra Consulting T&B Planning, Inc.
ELMT Consulting Terracon
Envicom Corporation The Code Group
EPD Solutions, Inc. UES
FCS International, Inc. Ultra Systems Environmental, Inc.
GPA Consulting VCS Environmental
Harris & Associates Willdan Engineering
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Agreements for On-Call Environmental and Planning Services November 7, 2023
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Helix Environmental Planning
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
In 2020, the City Council approved the prior list of firms to be on the City's list of preapproved consultants to provide environmental and planning services for development projects. The City Council approval provided for a three-year agreement period that will be ending on November 30, 2023. With the current list expiring, a new preapproved list of consultants needs to be established.
On August 17, 2023, the Planning Division released a Request for Qualifications (RFQual No. 23-142) for consultant services on work efforts related to the California Environmental Quality Act, the National Environmental Policy Act, the preparation or review of technical studies, and planning services. The intent is to establish an updated list of qualified consulting firms for a period of five years, to be retained on an as-needed basis.
The Planning Division received a Statement of Qualifications from 37 firms in response to the RFQual. The proposals were reviewed for adequacy, evaluated based on the criteria in the RFQual, and compiled into a list of qualified firms. Two firms were disqualified as non-responsive, with 35 firms qualified to provide services identified in the RFQual. Consultants on the pre-qualified list will provide environmental services and/or related technical studies, planning services for current and advance planning, historic preservation, and general planning efforts.
If a development project requires an environmental analysis, technical study, and/or general planning-related services, the developer is given the option to select a firm from the pre-qualified list or obtain proposals from multiple firms from the pre-qualified list. The developer is required to provide payment to the City for the full cost of the contracted service, plus an administrative services fee established by the Miscellaneous Fee Schedule at 15 percent (15%) of full contract price to be retained by the City. Upon receipt of payment from the developer, the City as the lead agency, will execute a side letter agreement to provide on-call services. When the work is completed, the City will pay the consultant for work completed out of the pass-through account. Selecting a consultant from a preapproved list eliminates the need to circulate a Request for Proposal (RFP), significantly reducing the time it takes to hire a consultant, streamlining the entitlement process, and allowing the Planning Division to retain specialized assistance rapidly when needed.
Consultant services under this work scope could include environmental analysis conducted for City projects, such as an ordinance amendment, that requires preparation of required technical studies, peer review of technical studies prepared by others, preparation of Initial Studies, Negative Declarations, Mitigated Negative Declarations, Environmental Impact Reports, Subsequent or Supplemental Environmental Impact
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Reports, Addendums, Environmental Assessments, and Environmental Impact Statements. In addition, under City planning staff supervision, consultants may be assigned to staff the public Planning counter. Moreover, consultants may assist with reviewing project plans, responding to public inquires, and case management for specialized projects. Consultants may also assist with review and processing of ministerial permits such as tenant improvements, small additions, sign permits, reroof permits, and window permits. With consultant assistance, full-time planning staff can focus their efforts on current development projects and updating long range planning documents as needed. Firms hired for planning consultant services will be paid from the Planning Agency’s Contract Services Professional and Air Quality Management District accounts as applicable.
Appointment to the pre-approved list does not guarantee work to a consultant. If needed, firms will be selected based upon their ability to perform the required work within the timeframe needed and budget constraints. Approval of the list will allow the Planning Division to hire qualified, experienced consultants for specific projects or tasks in a timely manner. As a result, the staff will be better able to respond quickly to fluctuating demands and ultimately provide better service to customers of the City of Santa Ana. It is recommended that the consultant list be approved due to the expertise that the firms have demonstrated in the field of planning.
FISCAL IMPACT
Service fees shall be paid by the developer prior to the consultant commencing any work and the fees will be deposited by the developer into the appropriate revenue account (No. 05316002-53607). In addition, the 15 percent (15%) administrative services fee will be deposited by the developer into the EIR Developer Fees account (No. 01116002-53607).
Development projects will be assigned activity numbers to track the budget by the Planning & Building Agency. Upon completion of the work, funds will be expended from various accounts to pay consultants for their services.
Funds are budgeted and made available in the following accounts for the specified year:
Fiscal
Year
Accounting
Unit-Account #
Fund
Description
Accounting Unit, Account
Description
Amount
01116510-62300 General Fund Planning & Building, Planning, Contract Services $ 200,000
03116510-62300 Air Quality
Impr.
Planning Air Quality Improv-
Contract Services $ 50,000 2023/24
05316021-62308 City Services Consultant Services – EIR
Developer Fees $ 500,000
01116510-62300 General Fund Planning & Building, Planning, Contract Services $ 250,000
03116510-62300 Air Quality
Impr.
Planning Air Quality Improv-
Contract Services $ 50,000 2024/25
05316021-62308 City Services Consultant Services – EIR
Developer Fees $ 750,000
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01116510-62300 General Fund Planning & Building, Planning, Contract Services $ 250,000
03116510-62300 Air Quality
Impr.
Planning Air Quality Improv-
Contract Services $ 50,000 2025/26
05316021-62308 City Services Consultant Services – EIR
Developer Fees $ 750,000
01116510-62300 General Fund Planning & Building, Planning, Contract Services $ 250,000
03116510-62300 Air Quality
Impr.
Planning Air Quality Improv-
Contract Services $ 50,000 2026/27
05316021-62308 City Services Consultant Services – EIR
Developer Fees $ 750,000
01116510-62300 General Fund Planning & Building, Planning, Contract Services $ 250,000
03116510-62300 Air Quality
Impr.
Planning Air Quality Improv-
Contract Services $ 50,000 2027/28
05316021-62308 City Services Consultant Services – EIR
Developer Fees $ 750,000
Grand Total $4,950,000
EXHIBIT
1. Approved to Form (Template) – Agreement to Provide On-Call Environmental And Planning Services
Submitted By: Minh Thai, Executive Director, Planning and Building Agency Approved By: Steven A. Mendoza, Acting City Manager
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AGREEMENT TO PROVIDE ON-CALL ENVIRONMENTAL AND
PLANNING SERVICES RELATED TO CEQA AND NEPA
THIS AGREEMENT is made and entered into this 7th day of November, 2023 by and between _________________, a California corporation (“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 (“City”).
RECITALS
A. On August 17, 2023 the City issued Request for Qualification No. 23-142, by which it sought Consultants to provide on -call environmental, technical, and planning services for the Planning and Building Agency of the City of Santa Ana. The scope of work may include any and a ll work efforts related to the analysis of a proposed project for compliance with the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA). This may include preparation of required technical studies, peer review of technical studies prepared by others, preparation of Initial Studies, Negative Declarations, Mitigated Negative Declarations, Environmental Impact Reports, Environmental Assessments, Environmental Impact Statements, and staffing services on an as-needed basis.
B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFQ No. 23 -142 and attached as Exhibit A.
C. Consultant has been selected as one of thirty-five (35) vendors which qualified for this engagement. Only those consultants approved by the City Council on November 7, 2023, shall be eligible to be engaged by the City for these services.
D. 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 contracting 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
a. On an as -needed basis, and at the sole discretion of the City, Consultants shall perform the services that are described in Exhibit A, attached and incorporated by reference as though fully set forth herein. Consultant’s proposal is incorporated by reference as though fully set forth herein. When the need for services arise, City may initiate services through use of a letter agreement, executed by the Executive Director of the Planning and Building Agency and the Consultant. Work by the Consultant may no t proceed absent a previously engaged or fully executed consultant agreement and letter agreement for a specific project.
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2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B .
Consultant is one of thirty-five (35) Consultants selected to provide environmental and planning services on an as needed basis und er RFQ No. 23 -142. The total compensation for services provided by all Consultants selected under RFQ No. 23- 142 is a collective amount not to exceed four million nine hundred fifty thousand ($4,950,000.00) during the term of the Agreement, including any extension periods.
b. Where applicable, City shall recognize and pay for any outstanding invoices for work performed by any of the thirty-five (35) selected vendors for building safety consultant services performed by the Consultant for work previously performed for the City.
c. Payment by City shall be made within forty -five (45) 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 and Scope of Work, which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above for a five (5) year term , unless terminated earlier in accordance with Section 16, below.
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. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents &
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Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
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. Minimum Scope and Limit of Insurance
1. Commercial General Liability (CGL) : Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising in jury with l imits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $2,000,000 per accident for bodily injury or disease.
4. Professional Liability (Errors and Omissions) : insurance appropriate to the Consultant’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
5. Broader Coverage: if the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
b. Other Insurance Provisions
1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as
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broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used).
2. Primary Coverage: For any claims related to this contract, the Consultant’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self - insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
4. Waiver of Subrogation: Consultant hereby grants to City a waiver of any right to subrogation that any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. Self-Insured Retentions: Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City.
6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M.
Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
7. Claims Made Policies (applicable only to professional liability):
i. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
iii. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
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8. Verification of Coverage: Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them.
The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
9. Subcontractors: Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors.
10. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) 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 negligent operations of the Consultant or its Consultants, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement.
This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The 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.
Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that a rise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
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8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney’s fees, for infringement of any United States’ letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.
10. 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 deg ree 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 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.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
12. 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 fax or other telegraphic communication in the manner provided in this Section, to the following persons:
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To City: City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
Executive Director
Planning and Building Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, CA 92702
Email: [email protected]
To Consultant:
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 fax, 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.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, 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 or 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.
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14. 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.
15. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
16. 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.
17. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
18. 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.
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19. 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 its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below 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.
[Signatures on the following page]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
ATTEST: CITY OF SANTA ANA
JENNIFER L. HALL STEVEN A. MENDOZA
City Clerk Assistant City Manager
APPROVED AS TO FORM CONSULTANT
SONIA R. CARVALHO
City Attorney
By: _
JOSE MONTOYA Name
Assistant City Attorney Title
RECOMMENDED FOR APPROVAL
MINH THAI
Executive Director
Planning and Building Agency
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Exhibit A
Scope of Services
Consultants will be expected to provide experienced and knowledgeable professional staff familiar with federal, state and local regulations including the Santa Ana Municipal Code and General Plan and the CEQA and NEPA. The Consultants’ Project Manager and staff shall be r esponsive and maintain excellent working relationships with project applicant, property owners, developers and City staff. Consultants shall be committed to provide adequate staffing levels at all times in order to adhere to established schedules. All consultants shall provide services under the direction of City staff. Services may include attendance at appropriate City Council, City Commissions, and neighborhood meetings.
A. Environmental Services
Services include, but are not limited to preparation of documents, distribution and filing of environmental noticing, preparation of studies and technical reports as required by the CEQA and NEPA including, but not limited to, the following as amended and updated from time to time:
• Initial Study
• Notice of Preparation
• Notice of Availability
• Notice of Determination
• Categorical Exemption
• Negative Declaration
• Mitigated Negative
Declaration
• Environmental Impact Report
(Program, Focused, Master,
Staged)
• EIR Addendum, Supplemental
EIR, Subsequent EIR
• Mitigation and Monitoring
Program
• Response to Comments
• Statement of Overriding
Considerations
• NEPA compliance documents
B. Technical Studies
As necessary, prepare any technical studies needed to complete the environmental review or for development projects or City projects as-needed, including but not limited to:
• Air Quality Study
• Biological Resource
Assessment
• Cultural Resource Study
• Environmental Site
Assessments
• Economic/Market Study
• Geological/Soil Study
• Greenhouse Gas
Assessment
• Health Risk Assessment
• Historical Resource
Assessment
• Hydrology/Water Quality Study
• Noise Impact Study
• Parking Study
• Water Supply Assessment
• Mineral Resource Study
• Utility/Sewer Study
• Traffic Study
C. Staffing Services
The Planning Division is also seeking qualified professional individuals, firms, or multi -disciplinary teams with experience in current, historic preservation, environmental justice, and advanced planning to assist with processing development project applications, counter services and planning efforts on an as-needed basis.
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Planning and Building Agency
https://www.santa-ana.org/planning-and-building
Item # 33
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 7, 2023
TOPIC: Historic Property Preservation Agreements
AGENDA TITLE
Historic Property Preservation Agreements
RECOMMENDED ACTION
Authorize the City Manager, or designee, to execute the attached Mills Act agreements with the below-referenced property owners for the identified structure(s), subject to non- substantive changes approved by the City Manager and City Attorney.
Property Owner(s)
Historic Property
Preservation
Agreement No.
Address/House Vote by HRC
The Peterson Living
Trust Dated August
15, 2003
2023-07 1908 North Greenleaf
Street 8:0:0:0
4th and Broadway OZ
SPE, LLC, a
Delaware Limited
Liability Company
2023-08 302 West Fourth
Street 8:0:0:0
Determine that the proposed projects are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemptions ER No. 2023-61 and ER No. 2023-78 will be filed for the projects.
GOVERNMENT CODE §84308 APPLIES:Yes
DISCUSSION
On September 7, 2023, the Historic Resources Commission (HRC) recommended that the City Council authorize the City Manager to execute the following Mills Act agreements with the identified property owners for historic structure(s) in the City, subject to non-substantive changes approved by the City Manager and City Attorney:
Historic Preservation Agreement Numbers 2023-07 and 2023-08. This action allows for the approval of a Historic Property Preservation Agreement (Mills Act Contract) which provides a property tax reduction whereby property owners agree to reinvest the tax
City Council
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Historic Property Preservation Agreements
November 7, 2023
3 7
7 9
savings towards the maintenance of the historic property. Additionally, the agreement prevents inappropriate alterations to the protected historic structure(s).
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the proposed projects are exempt from further review. The following Categorical Exemption will be filed for this project:
•ER No. 2023-61 (1908 North Greenleaf Street)
•ER No. 2023-78 (302 West Fourth Street)
FISCAL IMPACT
The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $4,558.42 annually noted below, for a period of not less than ten years.
HPPA No. Address Estimate Exhibit No.
2023-07 1908 North Greenleaf Street $435.07 1-2
2023-08 302 West Fourth Street $4,123.35 3-4
Total for All Properties: $4,558.42
EXHIBIT(S)
1. Mills Act Agreement – 1908 North Greenleaf Street
2. HRC Staff Report – 1908 North Greenleaf Street
3. Mills Act Agreement – 302 West Fourth Street
4. HRC Staff Report – 302 West Fourth Street
Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Steven A. Mendoza, Acting City Manager
City Council
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Santa Ana
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Attn: Clerk of the Council
FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383
_________________________________________________________________________
HISTORIC PROPERTY PRESERVATION AGREEMENT
This Historic Property Preservation Agreement (“Agreement”) is made and entered into 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 The Peterson Living Trust Dated August 15, 2003 , (hereinafter collectively referred to as “Owner”), owner of real property located at 1908 North Greenleaf Street, Santa Ana, California , 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 t he “Mills Act”) to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity.
B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 1908 North Greenleaf Street, Santa Ana, CA, 92706 and more particularly described in Exhibit “A,” attached hereto an d 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. City and 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 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 1
City Council
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MILLS ACT AGREEMENT
1908 North Greenleaf Street
Santa Ana, CA 92706
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E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code.
NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows:
1. Effective Date and Terms of Agreement.
This Agreement shall be effective and commence on November 8 , 2023, 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 te rm 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 Agre ement 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:
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 described in the “Historical Property Descript ion” attached hereto, marked as Exhibit B, 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.
City Council
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MILLS ACT AGREEMENT
1908 North Greenleaf Street
Santa Ana, CA 92706
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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 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 C, and incorporated herein by this reference. Owner shall continually main tain the Historic Property in the same or better condition.
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 prop erty 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 b uilding 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 Resour ces Commission and such alterations 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 inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner’s compliance with the terms and provisions of this Agreement. As part of the periodic inspection, Owner shall supply information in a format determined acceptable by the representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization information required to determine compliance with the terms of this Agreement.
f. Owner shall implement the rehabilitation and restoration work items as discus sed in detail in Exhibit D, “Proposed Structure Improvements. ” All work items shall be completed within the first ten years of the Mills Act Agreement. Proof of status and completion, as requested from time to time by the City of Santa Ana, will be require d in order to satisfy and maintain the Mills Act Agreement. Staff approval is required before items shall be amended or removed/replaced from the improvements list.
4. Furnishing of Information.
The Owner hereby agree s 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.
City Council
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MILLS ACT AGREEMENT
1908 North Greenleaf Street
Santa Ana, CA 92706
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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 ha s 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 Cou nty Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one -half (12 ½) percent by Government Code Section 50286) of the current fair market value of the property at the time of t he 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 Bu ilding Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately 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, 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 Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager 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 Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enf orce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate.
b. City does not waive any claim of default by the Owner if 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 City’s regulations governing historic properties are available to City to pursue in the eve nt that there is a breach of this Agreement. No waiver by 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.
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MILLS ACT AGREEMENT
1908 North Greenleaf Street
Santa Ana, CA 92706
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7. Binding effect of Agreement.
a. Owner hereby subjec ts the Historic Property, located at 1908 North Greenleaf Street, Assessor Parcel Number, 002-091-09, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement.
b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner’s successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument.
c. This property is listed in the Santa Ana Register of Historical Proper ties (Register) and is located in the Floral Park National Register Historic District . In any real property transaction, the owner of this property or the owner’s representative shall provide the buyer of this property with notice that the property is list ed on the City’s historic Register and is located within the Floral Park National Register Historic District.
8. No Compensation.
Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being re cognized 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 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
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Attn: Clerk of the Council
Owners: The Peterson Living Trust Dated August 15, 2003 Attn: Donald and Patrice Peterson
1908 North Greenleaf Street
Santa Ana, CA 92706
City Council
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MILLS ACT AGREEMENT
1908 North Greenleaf Street
Santa Ana, CA 92706
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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 mem bers 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 deat h, 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, agent, 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 cau sed by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions containe d 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 he reunder, 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 construe d and governed in accordance with the laws of the State of California, with venue in Orange County.
City Council
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MILLS ACT AGREEMENT
1908 North Greenleaf Street
Santa Ana, CA 92706
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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 recorde d in the office of the County Recorder of the County of Orange.
12. Amendments.
This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto.
13. Effective Date
This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows}
City Council
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MILLS ACT AGREEMENT
1908 North Greenleaf Street
Santa Ana, CA 92706
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ATTEST: CITY OF SANTA ANA
_________________________
KRISTINE RIDGE
________________________
JENNIFER L. HALL
Clerk of the Council City Manager
OWNERS
Date: ___________________ By:__________________
DONALD PETERSON
Trustee of The Peterson Living Trust Dated
August 15, 2003
Date: ___________________ By:__________________
PATRICE PETERSON
Trustee of The Peterson Living Trust Dated
August 15, 2003
APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL:
SONIA CARVALHO
City Attorney
By: _____________________ _____________________
BRANDON SALVATIERRA MINH THAI
Deputy City Attorney Executive Director
Planning and Building Agency
City Council
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MILLS ACT AGREEMENT
1908 North Greenleaf Street
Santa Ana, CA 92706
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EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA
ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS
DESCRIBED AS FOLLOWS:
LOT 17 OF TRACT 813, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, CALIFORNIA AS PER MAP RECORDED IN BOOK 25, PAGE(S) 3, OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
Assessor’s Parcel Number: 002-091-09
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2 0
4 1
5 EXECUTIVE SUMMARY
Geddes-Charlton House
1908 North Greenleaf Street
Santa Ana, CA 92706
NAME Geddes-Charlton House REF. NO.
ADDRESS 1908 North Greenleaf Street
CITY Santa Ana ZIP 92706 ORANGE COUNTY
YEAR BUILT 1934 LOCAL REGISTER CATEGORY: Key
HISTORIC DISTRICT Floral Park National Register Historic District NEIGHBORHOOD Floral Park
CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 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. Originating 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 Geddes-Charlton House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for embodiment of the distinguishing characteristics of a Tudor Revival style residential building. The recommended categorization is “Key” because it has a distinctive architectural style and quality reflective of the Tudor Revival style (Santa Ana 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. 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.
5S3: Appears to be individually eligible for local listing or designation through survey evaluation.
Exhibit B
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State of California The Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code_____________________________________
Other Listings_____________________________________________________________________ Review Code________ Reviewer________________________ Date_______________ Page _1_ of _5_ Resource name(s) or number (assigned by recorder) Geddes-Charlton House P1. Other Identifier:
*P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad: Orange Quadrangle California-Orange County 7.5-Minute Series Date: 2022 *c. Address 1908 North Greenleaf Street City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor’s Parcel Number 002-091-09 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The Geddes-Charlton House is a one-story, single-family, Tudor Revival Style residence located on a modestly sized parcel in the Floral Park National Register Historic District (Figure 1). The asymmetrical residence features a L-shaped plan with a steeply-pitched cross-gable roof clad in wood shingles with shallow eaves and exposed rafters. An additional, steeply pitched front gable at the primary (east) façade projects east from the primary cross-gable, towards North Greenleaf Street (Figure 2). The exterior of the house is clad in smooth stucco with half-timbering at the gable end of the two front gables. The main entrance sits within a porch that is situated below a front gable, supported by two wooden support posts. The main entrance door, facing south, is composed of a wooden door with a rectangular panel detail and a wrought iron decorative grill and metal hardware (Figure 3).
(See Continuation Sheet 3 of 5.)
*P3b. Resource Attributes: (list attributes and codes) HP2. Single-Family Residence *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date)
(Figure 1) Primary (East) elevation,
view west, June 2023
*
P6. Date Constructed/Age and
Sources:
historic
1934/ City of Santa Ana Building
Permits
*P7. Owner and Address:
Patrice and Donald Peterson
1908 North Greenleaf Street
Santa Ana, CA 92706
*P8. Recorded by:
Andrea Dumovich Heywood
City of Santa Ana
20 Civic Center Plaza M-20
Santa Ana, CA 92702
*P9. Date Recorded:
September 7, 2023
*P10. Survey Type:
Intensive Survey Update
*P11. Report Citation: (Cite survey
report and other sources, or enter “none”)
None
*Attachments: None Location Map Sketch Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record Other (list)
DPR 523A (1/95) *Required information
P5a. Photo
City Council
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State of California The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________
BUILDING, STRUCTURE, AND OBJECT RECORD
*Resource Name or #: Geddes-Charlton House
B1. Historic Name: Geddes-Charlton House
B2. Common Name: Same
B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Tudor Revival Style
*B6. Construction History: (Construction date, alterations, and date of alterations):
February 1, 1934. Permit to construct a residence and attached garage. $5,000.
February 28, 1970. Permit to construct a swimming pool and spa.
November 26, 1986. Demolish detached garage and build a new two-car garage with office above.
April 4, 1988. Masonry fireplace.
October 10, 2000. Reroof with new wood shingle roof.
Unknown. Two vinyl windows added to rear dormer.
Unknown. Replacement of original rear door with a multi-light wood French sliding door. *B7. Moved? No Yes Unknown Date:__________ Original location:_______ _______ *B8. Related Features: Swimming pool, detached garage with office above at rear, rear shed, and large tree in front yard.
B9a. Architect: Unknown b. Builder: Unknown
*B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1934 Property Type: Single-family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Geddes-Charlton House is architecturally significant as an intact example of a Tudor Revival style house in Santa Ana.
According to City building records, it was built in 1934 for approximately $5,000, for Dr. Mabel A. Geddes; however, the original architect and builder are unknown. Dr. Geddes only resided at the property for two years; she was known as a supervisor of health for Orange County schools, Board member of the Young Women’s Christian Association (YWCA) of Santa Ana, and a Chairperson of Orange County Nutrition Committee. In 1936, she moved out of the subject property and into the property two houses over, at 1916 Greenleaf Street. By 1937, the subject property was occupied by W. H. Charlton, until 1939 when City Directories list the property as vacant. (See Continuation Sheet 3 of 5.)
B11. Additional Resource Attributes: (List attributes and codes) *B12. References:
City of Santa Ana Building Permits
Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps
(See Continuation Sheet 3 of 5.)
B13. Remarks:
*B14. Evaluator: Leslie Heumann/Chattel Inc.
*Date of Evaluation: September 7, 2023
Sketch Map
(This space reserved for official comments.)
Geddes-Charlton House
1908 North Greenleaf Street
N
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State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________
*Recorded by Andrea Dumovich Heywood *Date September 7, 2023 Continuation Update DPR 523L
DPR 523B (1/95) *Required information
*P3a. Description (continued):
Fenestration on the primary (east) façade includes a fixed wood window, below the eastern-most front gable, with a 20-light muntin pattern. Wood casements with an 8-light muntin pattern are on either side of the fixed window and are flanked by decorative wood shutters (Figure 4). Additional multi-light wood casement windows (some with and without shutters) are situated along the primary (east) façade. The north and south side façade window pattern is composed of a mix of single and double casement, multi-light wood windows, and double-hung wood windows (Figure 5). The rear (west) façade features three double casement multi-light wood windows and one double-hung wood window, along with a single pedestrian door and a replacement, multi-light, wood sliding door. The attic at the rear façade features a dormer with two non-original or replacement vinyl hung windows (Figure 6). All original windows throughout include a prominent wood window sill. Additional architectural features include two stucco-clad chimneys along the north façade, a single metal vent under the projecting front gable and two round vents under the primary front gable, and a metal mail slot adjacent to the primary entrance. The rear yard contains a two-story accessory building consisting of a detached garage with an office above; a smaller accessory shed building clad in wood siding with a shake roof, exposed rafters, a door, and two windows; and a rear pool. The two-story building’s primary (east) façade is designed with half timbering under the east-facing gable and shutters to match the main residence. It also includes vinyl casement windows under the primary east gable, and multi-light wood doors (Figure 7). The property is landscaped with a front lawn, stone pathway, small shrubs, medium and large-sized trees. *B10. Significance (continued):
In 1940, L. C. Cameron occupied the residence. In 1941, A. W. Robinson is listed as the only tenant. From at least 1945 to 1956, the Lautzenhiser family (initials O.V. and E.C.) lived at 1908 North Greenleaf Street. Later, J.L. Davis owned the property for at least ten years, from 1960-1970. City Directories from the 1970s were unavailable. In the 1980s, Steve Pivo resided at the property between 1980-1982, with Jeff Pivo listed in 1982. By 1985, Bill McKay is identified as a tenant and in 1986 records show no one living at the property. From 1987-1996, Dixie and Thomas Denman are the known property owners. By 1996, the Denmans sold 1908 North Greenleaf Street to the present-day owners, Don and Patrice Peterson. No additional information was uncovered regarding the past owners and tenants.
The Geddes-Charlton 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 orange, avocado, and walnut trees and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). “Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land.
And that month, he began building custom homes in Santa Ana” (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. “When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each” (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival.
The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the El Toro Marine Base during World War II, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue.
In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell’s own large, Colonial Revival mansion at 2009 Victoria Drive. In 1937, Roy Rodney Russell, joined his father’s firm and by 1945 it was renamed as Roy Russell and Son. In the early post World War II years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2023) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens.
The Geddes-Charlton House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Tudor Revival style home in Santa Ana. Located in Floral Park, the house cost $5,000 to build in 1934.
The recommended categorization is “Key” because it has a distinctive architectural style and quality reflective of the Tudor Revival style (Santa Ana Municipal Code, Section 30-2.2). Character-defining features of the Tudor Revival style exhibited by the house include its wood shake roof; steeply pitched cross-gable roof form with a secondary gable that projects to the East towards North Greenleaf Street; minimal roof overhang with exposed rafters; half timbering at both front gable ends at the primary (east) façade; stucco siding; one stucco-clad chimney at the north side façade (a second chimney was added in 1988 and is therefore not considered a character-defining feature); main entrance door composed of a wooden door with a
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State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________
*Recorded by Andrea Dumovich Heywood *Date September 7, 2023 Continuation Update DPR 523L
rectangular panel detail and a wrought iron decorative grill and metal hardware; a fixed wood window, below the eastern- most front gable at the primary facade, with a 20-light muntin pattern, and multi-light wood casement windows flanked by wood shutters; original fenestration throughout including single and double casement, multi-light wood windows, and double- hung wood windows; prominent wood window sill and wood shutters throughout; a single metal vent under the projecting front gable and two round vents under the primary front gable; a metal mail slot adjacent to the primary entrance; Hollywood driveway; and front yard lawn with landscaping including mature trees and shrubs. Because the detached garage is not original, it is considered compatible to the historic site but is not a character-defining feature. *B12. References (continued):
Almendral, Dylan M. “The Home of Dynasties: Historic Home Profile.” My Blog. 12 January 2020. Available:
https://www.dylanmalmendral.com/blog/the-home-of-dynasties. Accessed: 1 February 2023.
Ancestry.com. California, Death Index, 1940-1997 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2000.
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
Newspapers.com (Orange County Register and Santa Ana Register) Branch, National Park Service, US Dept. of the Interior, 1991.
Office of Historic Preservation. “Instructions for Recording Historical Resources.” Sacramento: March 1995.
Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969.
Santa Ana and Orange County Directories, 1934-1990.
Talbert, Thomas B. The Historical Volume and Reference Works: Covering Garden Grove, Santa Ana, Tustin. Volume 1:
Orange County. Whittier: Historical Publishers, 1963.
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State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________
*Recorded by Andrea Dumovich Heywood *Date September 7, 2023 Continuation Update DPR 523L
Additional Figures:
Figure 2. Front gable at the primary (east) façade projects east from the primary cross-gable, facing northwest.
Figure 3. The main entrance sits within a porch that is situated below a front gable, supported by two wooden
supportposts, facing north.
Figure 4. A primary (east) façade fixed wood window, with a 20-light muntin pattern. Wood casements with an 8-light muntin pattern are on either side of the fixed window and are flanked by decorative wood shutters, facing northwest.
Figure 5. The north (side) façade windows feature single and double casement, multi-light wood windows, and
double-hung wood windows, facing southwest.
Figure 6. Rear (west) façade with original double casement windows and replacement sliding door (meant to emulate a French door) and dormer windows, facing northeast.
Figure 7. Two-story accessory building (compatible but
not character defining to the historic site). Building
features a detached garage with an office above, facing southwest.
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MILLS ACT AGREEMENT
1908 North Greenleaf Street
Santa Ana, CA 92706
- 1 -
Exhibit C
Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S.
Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings, as follows:
1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose.
2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.
3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.
4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment.
These changes may have acquired significance in their own right, and this significance shall be recognized and respected.
5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity.
6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures.
7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.
8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project.
9. Contemporary design for alterations 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
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MILLS ACT AGREEMENT
1908 North Greenleaf Street
Santa Ana, CA 92706
- 2 -
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.
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2 0
4 1
4 Proposed Structure Improvements (“Work Plan”)
1908 North Greenleaf Street
Item Year Improvement
1 2023 Change out two (2) vinyl bathroom windows upstairs at rear with double-hung wood windows to match existing windows 2 2024 Reroof to wood shake or fireproof wood shake
3 2028 Repaint wood (window frames and shutters) on main residence and garage
Exhibit D
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Planning and Building Agency
Item # 1
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Historic Resources Commission Staff Report
September 7, 2023
Topic: HRCA No. 2023-17, HRC No. 2023-3, HPPA No. 2023-9 – Geddes-Charlton House (1908 N. Greenleaf Street)
RECOMMENDED ACTION
1. Adopt a resolution approving Historic Resources Commission Application No. 2023-17 and Historic Register Categorization No. 2023-3 (Exhibit 1).
2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with The Peterson Living Trust Dated August 15, 2003 (Donald and Patrice Peterson), subject to non-substantive changes approved by the City Manager and City Attorney (Exhibit 2).
EXECUTIVE SUMMARY
Donald and Patrice Peterson are requesting approval to designate an existing Tudor Revival style residence located at 1908 North Greenleaf Street to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. The property is worthy of local designation as “Key” status because it has a distinctive architectural style and quality reflective of the Tudor Revival style in Santa Ana.
DISCUSSION
Project Location and Site Description
The subject property is located on the west side of North Greenleaf Street in the Floral Park National Register Historic District in Santa Ana. The site contains a 2,130-square- foot, Tudor Revival style residence and two-story detached accessory building containing a garage and office, on a 7,685-square-foot residential lot (Exhibit 3).
Exhibit 2
Historic Resources Commission 1 – 1 9/7/2023
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HRCA No. 2023-17, HRC 2023-3, HPPA No. 2023-9 – Geddes-Charlton House (1908 N.
Greenleaf Street)
September 7, 2023
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Analysis of the Issues
Historical Listing
In March 1999, the City Council approved Ordinance No. NS-2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old.
The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code, as the structure is 89 years old and is a good example of period architecture. No known code violations exist on record for this property.
The Geddes-Charlton House is architecturally significant as a representative example of an intact Tudor Revival style home in Santa Ana. According to City building records, it was built in 1934 for approximately $5,000, for Dr. Mabel A. Geddes; however, the original architect and builder are unknown. Dr. Geddes only resided at the property for two years; she was known as a supervisor of health for Orange County schools, Board member of the Young Women’s Christian Association (YWCA) of Santa Ana, and a Chairperson of Orange County Nutrition Committee. In 1936, she moved out of the subject property and into a property two houses over, at 1916 Greenleaf Street. By 1937, the subject property was occupied by W. H. Charlton, until 1939 when City Directories list the property as vacant. In 1940, L. C. Cameron occupied the residence. In 1941, A. W. Robinson is listed as the only tenant. From at least 1945 to 1956, the Lautzenhiser family (initials O.V. and E.C.) lived at 1908 North Greenleaf Street. Later, J.L. Davis owned the property for at least ten years, from 1960-1970. City Directories from the 1970s were unavailable. In the 1980s, Steve Pivo resided at the property between 1980-1982, with Jeff Pivo listed in 1982. By 1985, Bill McKay is identified as a tenant and in 1986 records show no one living at the property. From 1987-1996, Dixie and Thomas Denman are the known property owners. By 1996, the Denman’s sold 1908 North Greenleaf Street to the present-day owners, Don and Patrice Peterson. No additional information was uncovered regarding the past owners and tenants.
The Geddes-Charlton House is a one-story, single-family, Tudor Revival Style residence located on a modestly sized parcel in Floral Park. The asymmetrical residence features an L-shaped plan with a steeply-pitched cross-gable roof clad in wood shingles with Historic Resources Commission 1 – 2 9/7/2023
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HRCA No. 2023-17, HRC 2023-3, HPPA No. 2023-9 – Geddes-Charlton House (1908 N.
Greenleaf Street)
September 7, 2023
3 6
6 0
shallow eaves and exposed rafters. An additional, steeply pitched front gable at the primary (east) façade projects east from the primary cross-gable, towards North Greenleaf Street. The exterior of the house is clad in smooth stucco with half-timbering at the gable end of the two front gables.
The main entrance sits within a porch that is situated below a front gable, supported by two wooden support posts. The main entrance door, facing south, is composed of a wooden door with a rectangular panel detail and a wrought iron decorative grill and metal hardware. Fenestration on the primary (east) façade includes a fixed wood window, below the eastern-most front gable, with a 20-light muntin pattern. Wood casements with an 8-light muntin pattern are on either side of the fixed window and are flanked by decorative wood shutters. Additional multi-light wood casement windows (some with and without shutters) are situated along the primary (east) façade. The north and south side façade window pattern is composed of a mix of single and double casement, multi-light wood windows, and double-hung wood windows. The rear (west) façade features three double casement multi-light wood windows and one double-hung wood window, along with a single pedestrian door and a replacement, multi-light, wood sliding door. The attic at the rear façade features a dormer with two non-original or replacement vinyl hung windows. All original windows throughout include a prominent wood window sill.
Additional architectural features include two stucco-clad chimneys along the north façade, a single metal vent under the projecting front gable and two round vents under the primary front gable, and a metal mail slot adjacent to the primary entrance. The rear yard contains a two-story accessory building consisting of a detached garage with an office above; a smaller accessory shed building clad in wood siding with a shake roof, exposed rafters, a door, and two windows; and a rear pool. The two-story building’s primary (east) façade is designed with half timbering under the east-facing gable and shutters to match the main residence. It also includes vinyl casement windows under the primary east gable, which will be replaced with wood windows as part of a near-term work plan, and multi-light wood doors. The property is landscaped with a front lawn, stone pathway, small shrubs, medium and large-sized trees.
Character-defining features of the Geddes-Charlton House include, but may not be limited to: its wood shake roof; steeply pitched cross-gable roof form with a secondary gable that projects to the East towards North Greenleaf Street; minimal roof overhang with exposed rafters; half timbering at both front gable ends at the primary (east) façade; stucco siding; one stucco-clad chimney at the north side façade (a second chimney was added in 1988 and is therefore not considered a character-defining feature); main entrance door composed of a wooden door with a rectangular panel detail and a wrought iron decorative grill and metal hardware; a fixed wood window, below the eastern-most front gable at the primary facade, with a 20-light muntin pattern, and multi-light wood casement windows flanked by wood shutters; original fenestration throughout including single and double casement, multi-light wood windows, and double-hung wood windows; prominent wood Historic Resources Commission 1 – 3 9/7/2023
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HRCA No. 2023-17, HRC 2023-3, HPPA No. 2023-9 – Geddes-Charlton House (1908 N.
Greenleaf Street)
September 7, 2023
3 6
6 0
window sill and wood shutters throughout; a single metal vent under the projecting front gable and two round vents under the primary front gable; a metal mail slot adjacent to the primary entrance; Hollywood driveway; and front yard lawn with landscaping including mature trees and shrubs. Because the detached garage is not original, it is considered compatible to the historic site but is not a character-defining feature.
The Geddes-Charlton House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Tudor Revival style home in Santa Ana. The recommended categorization is “Key” because it has a distinctive architectural style and quality reflective of the Tudor Revival style. This category is reserved for structures exemplifying greater architectural significance than the “Contributive” category, in addition to contributing to the overall neighborhood or district within the City of Santa Ana. The property is worthy of “Key” status due to the building’s Tudor Revival style and quality craftsmanship which features a steeply-pitched multi-gable roof; half-timbering; and multi-light wood windows that are both fixed and casement style, among other original features.
Mills Act Agreement
Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 2). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner’s voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property’s assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include:
• Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property The property has no identified unauthorized modifications. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement.
Overall, future improvements proposed by the homeowner during the initial ten years of the Mills Act Agreement include replace two non-original vinyl windows at rear to wood Historic Resources Commission 1 – 4 9/7/2023
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HRCA No. 2023-17, HRC 2023-3, HPPA No. 2023-9 – Geddes-Charlton House (1908 N.
Greenleaf Street)
September 7, 2023
3 6
6 0
double-hung windows to match existing, reroof existing wood shake roof with fireproof wood shake to match existing roof material and design, repaint exterior wood at the residence and detached garage, along with general on-going maintenance. Staff will ensure that the proposed work will be done sensitively and will maintain the property’s character defining features as part of the Mills Act Agreement for this property.
As part of the Mills Act approval process, staff will work with the applicant to ensure that a bronze plaque is installed honoring and recognizing the structure. The plaque will include the historic name, address, year built, and local historic register designation.
Lastly, the site will be subject to general maintenance and upkeep requirements including, but not limited to, replacement or restoration of damaged character-defining features, landscaping upkeep, painting, etc. The Mills Act also proposes a work plan to replace the two rear vinyl windows with wood windows, reroof the structure, and repaint the exterior of the structure, within the first five years of the Mills Act agreement’s term. These improvements will be subject to review and approval by staff. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement to enable the Mills Act.
Public Notification
The subject site is located within the Floral Park Neighborhood Association. The president of this Neighborhood Association was notified by mail 10 days prior to this public hearing.
In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, has been received from any members of the public.
ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15331 of the CEQA Guidelines (Class 31 – Historical Resource Restoration/Rehabilitation) as these actions are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2023-78 will be filed for this project.
FISCAL IMPACT
The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $435.07 annually, for a period of not less than ten years.
Historic Resources Commission 1 – 5 9/7/2023
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HRCA No. 2023-17, HRC 2023-3, HPPA No. 2023-9 – Geddes-Charlton House (1908 N.
Greenleaf Street)
September 7, 2023
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EXHIBIT(S)
1. Resolution
2. Mills Act Agreement
3. 500-Foot Radius Map
Submitted By:
Andrea Heywood, Associate Planner
Approved By:
Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency
Historic Resources Commission 1 – 6 9/7/2023
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FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2023-XX
RESOLUTION NO. 2023-XX
A RESOLUTION OF THE HISTORIC RESOURCES
COMMISSION OF THE CITY OF SANTA ANA APPROVING
HISTORIC RESOURCES COMMISSION APPLICATION NO.
2023-17 TO PLACE THE PROPER TY LOCATED AT 1908
NORTH GREELEAF STREE T, SANTA ANA, ON THE
HISTORICAL REGISTER AND APPROVING HISTOR IC
REGISTER CATEGORIZATION NO. 2023-3 PLACING SAID
PROPERTY WITHIN THE KEY CATEGORY
BE IT RESOLVED BY THE HISTORIC RESOURCES C OMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS:
Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines, and declares as follows:
A. On September 7, 2023, the Historic Resources Commission held a duly noticed public hearing fo r the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2023-17) and categorization (Historic Resources Commission Categorization No. 2023-3) of the Geddes-Charlton House located at 1908 North Greenleaf Street, Santa Ana.
B. The Geddes-Charlton House has distinctiv e architectural features of the Tudor Revival style and was built in 1934.
C. The Geddes-Charlton House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Tudor Revival style home in Santa Ana. The house displays characteristics of the Tudor Revival style through its use of steeply pitched mu lti-gable roof ; primary facade dominated by two prominent front -facing and steeply pitched gables ; decorative half -timbering at gables end; tall, narrow windows in multiple groups with multi -pane glazing; wood shingle roof; prominent chimney; among other o riginal features . The recommended categorization is “Key” because it has a distinctive architectural style and quality reflective of the Tudor Revival style (Santa Ana Municipal Code, Section 30 -2.2). This category is reserved for structures exemplifying greater architectural significance than the “Contributive” category, in addition to contributing to the overall neighborhood or district within the City of Santa Ana. The property is worthy of “ Key” status due to the building’s Tudor Revival style and quality craftsmanship which features steeply- pitched multi-gable roof; half-timbering; and multi-light wood windows that are both fixed and casement style , among other original features.
Character-defining features of the Geddes-Charlton House include, but may not be limited to: wood shake roof; steeply pitched cross -gable roof Historic Resources Commission 1 – 7 9/7/2023
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FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2023-XX
form with a secondary gable that projects to the East towards North Greenleaf Street; minimal roof overhang with exposed rafters; half timbering at both front gable ends at the primary (east) façade; stucco siding; one stucco-clad chimney at the north side façade (a second chimney was added in 1988 and is therefore not considered a character-defining feature); main entrance door composed of a wooden door with a rectangula r panel detail and a wrought iron decorative grill and metal hardware; a fixed wood window, below the eastern -most front gable at the primary facade, with a 20-light muntin pattern, and multi-light wood casement windows flanked by wood shutters; original fenestration throughout including single and double casement, multi -light wood windows, and double -hung wood windows; prominent wood window sill and wood shutters throughout; a single metal vent under the projecting front gable and two round vents under the primary front gable; a metal mail slot adjacent to the primary entrance; Hollywood driveway; and front yard lawn with landscaping including mature trees and shrubs. Because the detached garage is not original, it is considered compatible to the historic site but is not a character-defining feature.
D. The legal owner of the property is The Peterson Living Trust Dated August 15, 2003.
E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein.
F. The subject property meets the standards for placement on the City of Santa Ana Register of Historic Proper ties pursuant to Section 30 -2 of the Santa Ana Municipal Code.
G. The subject property meets the minimal standards for placement in the Key category pursuant to Section 30-2.2(2) of the Santa Ana Municipal Code.
H. In addition to meeting the minimum standards f or placement in the Key category pursuant to Section 30-2.2(2) of the Santa Ana Municipal Code , the applicant has agreed, as part of the requested Mills Act agreement work plan, to restoration of select elements described therein within the first five years of the Agreement’s term.
Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under CEQA Guidelines Section 15331, Class 31, as these actions are designed t o preserve historic al resources.
Categorical Exemption No. ER-2023-78 will be filed for this project.
Section 3. The Historic Resources Commission of the City of Santa Ana , after conducting the public hearing, hereby approves:
A. Historic Resources Commission Application No. 2023-17 to place the Geddes-Charlton House located at 1908 North Greenleaf Street , Santa Ana, 92706 on the historical register, and
B. Historic Register Categorization No. 2023-3 placing the Geddes-Charlton House located at 1908 North Greenleaf Street, Santa Ana, 92706 within the Historic Resources Commission 1 – 8 9/7/2023
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FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2023-XX
Key category, as conditioned in Exhibit B, attached hereto and incorporated herein.
These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto , the report entitled “Historical Property Description,” and the public testimony, all of which are incorporated herein by this reference.
Section 4. For the subject property, a report entitled “Historical Property Description” is on file with the Planning Division, and is hereby approved and adopted, and together with the staff report and this Resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this Resolution in the City of Santa Ana Register of Historical Properties.
Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder’s Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029.
ADOPTED this 7th day of September, 2023.
__________________________
Tim Rush
Chairperson
Historic Resources Commission 1 – 9 9/7/2023
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FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2023-XX
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:________________________
Brandon Salvatierra
Deputy City Attorney
AYES: Commission members____________________________________ NOES: Commission members___________________________________ ABSTAIN: Commission members___________________________________ NOT PRESENT: Commission members___________________________________
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, NUVIA OCAMPO, Historic Resources Commission Secretary, do hereby attest to and certify the attached Resolution No. 2023-XX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on September 7, 2023.
Date: ________________ ____________________________________ Nuvia Ocampo
Commission Secretary
City of Santa Ana
Historic Resources Commission 1 – 10 9/7/2023
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FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2023-XX
EXHIBIT A
LEGAL DESCRIPTION
APN Address Legal Description Owner Names
002-091-09 1908 North Greenleaf
Street
THE LAND REFERRED TO
HEREIN BELOW IS SITUATED
IN THE CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE
OF CALIFORNIA, AND IS
DESCRIBED AS FOLLOWS:
LOT 17 OF TRACT 813, IN THE
CITY OF SANTA ANA,
COUNTY OF ORANGE,
CALIFORNIA AS PER MAP
RECORDED IN BOOK 25,
PAGE(S) 3, OF
MISCELLANEOUS MAPS IN
THE OFFICE OF THE
COUNTY RECORDER OF
SAID COUNTY.
The Peterson
Living Trust
Dated August 15,
2003
Historic Resources Commission 1– 11
/9/7/2023
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FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2023-XX
EXHIBIT B
Conditions of Approval for Historic Resources Commission Application No. 2023-17 and Historic Resources Commission Categorization No. 2023-3 The Applicant must comply with each condition listed below prior to exercising the rights conferred by the Historic Resource Commission’s approval and the City of Santa Ana Register of Historic Properties pursuant to Section 30-6 of the Santa Ana Municipal Code. The Applicant must remain in compliance with all condition(s) listed below:
1. Within 180-days of execution of this resolution, the applicant shall install a bronze plaque as per a template on file with the Planning Division honoring and recognizing the structure at 1908 North Greenleaf Street , historically known as the Geddes-Charlton House . The plaque shall include the historic name, address, year built, and local historic register designation.
The final dimensions, location, text and description on the plaque shall be reviewed and approved by Planning Division staff.
2. The applicant shall regularly maintain all landscaping in the front yard area (pruning and thinning trees and shrubs) so that the historic building and its character defining features ( including but not limited to the front gable roofs, half-timbering, wood windows, and smooth stucco siding) are visible from the public right-of-way.
Historic Resources Commission 1 – 12
9/7/2023
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Santa Ana
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Attn: Clerk of the Council
FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383
_________________________________________________________________________
HISTORIC PROPERTY PRESERVATION AGREEMENT
This Historic Property Preservation Agreement (“Agreement”) is made and entered into 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 The Peterson Living Trust Dated August 15, 2003 , (hereinafter collectively referred to as “Owner”), owner of real property located at 1908 North Greenleaf Street, Santa Ana, California , 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 t he “Mills Act”) to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity.
B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 1908 North Greenleaf Street, Santa Ana, CA, 92706 and more particularly described in Exhibit “A,” attached hereto an d 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. City and 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 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.
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MILLS ACT AGREEMENT
1908 North Greenleaf Street
Santa Ana, CA 92706
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E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code.
NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows:
1. Effective Date and Terms of Agreement.
This Agreement shall be effective and commence on November 8 , 2023, 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 te rm 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 Agre ement 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:
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 described in the “Historical Property Descript ion” attached hereto, marked as Exhibit B, 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.
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MILLS ACT AGREEMENT
1908 North Greenleaf Street
Santa Ana, CA 92706
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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 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 C, and incorporated herein by this reference. Owner shall continually main tain the Historic Property in the same or better condition.
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 prop erty 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 b uilding 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 Resour ces Commission and such alterations 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 inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner’s compliance with the terms and provisions of this Agreement. As part of the periodic inspection, Owner shall supply information in a format determined acceptable by the representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization information required to determine compliance with the terms of this Agreement.
f. Owner shall implement the rehabilitation and restoration work items as discus sed in detail in Exhibit D, “Proposed Structure Improvements. ” All work items shall be completed within the first ten years of the Mills Act Agreement. Proof of status and completion, as requested from time to time by the City of Santa Ana, will be require d in order to satisfy and maintain the Mills Act Agreement. Staff approval is required before items shall be amended or removed/replaced from the improvements list.
4. Furnishing of Information.
The Owner hereby agree s 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
1908 North Greenleaf Street
Santa Ana, CA 92706
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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 ha s 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 Cou nty Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one -half (12 ½) percent by Government Code Section 50286) of the current fair market value of the property at the time of t he 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 Bu ilding Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately 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, 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 Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager 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 Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enf orce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate.
b. City does not waive any claim of default by the Owner if 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 City’s regulations governing historic properties are available to City to pursue in the eve nt that there is a breach of this Agreement. No waiver by 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.
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MILLS ACT AGREEMENT
1908 North Greenleaf Street
Santa Ana, CA 92706
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7. Binding effect of Agreement.
a. Owner hereby subjec ts the Historic Property, located at 1908 North Greenleaf Street, Assessor Parcel Number, 002-091-09, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement.
b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner’s successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument.
c. This property is listed in the Santa Ana Register of Historical Proper ties (Register) and is located in the Floral Park National Register Historic District . In any real property transaction, the owner of this property or the owner’s representative shall provide the buyer of this property with notice that the property is list ed on the City’s historic Register and is located within the Floral Park National Register Historic District.
8. No Compensation.
Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being re cognized 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 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
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Attn: Clerk of the Council
Owners: The Peterson Living Trust Dated August 15, 2003 Attn: Donald and Patrice Peterson
1908 North Greenleaf Street
Santa Ana, CA 92706
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MILLS ACT AGREEMENT
1908 North Greenleaf Street
Santa Ana, CA 92706
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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 mem bers 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 deat h, 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, agent, 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 cau sed by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions containe d 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 he reunder, 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 construe d and governed in accordance with the laws of the State of California, with venue in Orange County.
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MILLS ACT AGREEMENT
1908 North Greenleaf Street
Santa Ana, CA 92706
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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 recorde d in the office of the County Recorder of the County of Orange.
12. Amendments.
This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto.
13. Effective Date
This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows}
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MILLS ACT AGREEMENT
1908 North Greenleaf Street
Santa Ana, CA 92706
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ATTEST: CITY OF SANTA ANA
________________________ _________________________
JENNIFERE L. HALL KRISTINE RIDGE
Clerk of the Council City Manager
OWNERS
Date: ___________________ By:__________________
DONALD PETERSON
Trustee of The Peterson Living Trust Dated
August 15, 2003
Date: ___________________ By:__________________
PATRICE PETERSON
Trustee of The Peterson Living Trust Dated
August 15, 2003
APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL:
SONIA CARVALHO
City Attorney
By: _____________________ _____________________
BRANDON SALVATIERRA MINH THAI
Deputy City Attorney Executive Director
Planning and Building Agency
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MILLS ACT AGREEMENT
1908 North Greenleaf Street
Santa Ana, CA 92706
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EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA
ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS
DESCRIBED AS FOLLOWS:
LOT 17 OF TRACT 813, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, CALIFORNIA AS PER MAP RECORDED IN BOOK 25, PAGE(S) 3, OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
Assessor’s Parcel Number: 002-091-09
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2 0
4 1
5 EXECUTIVE SUMMARY
Geddes-Charlton House
1908 North Greenleaf Street
Santa Ana, CA 92706
NAME Geddes-Charlton House REF. NO.
ADDRESS 1908 North Greenleaf Street
CITY Santa Ana ZIP 92706 ORANGE COUNTY
YEAR BUILT 1934 LOCAL REGISTER CATEGORY: Key
HISTORIC DISTRICT Floral Park National Register Historic District NEIGHBORHOOD Floral Park
CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 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. Originating 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 Geddes-Charlton House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for embodiment of the distinguishing characteristics of a Tudor Revival style residential building. The recommended categorization is “Key” because it has a distinctive architectural style and quality reflective of the Tudor Revival style (Santa Ana 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. 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.
5S3: Appears to be individually eligible for local listing or designation through survey evaluation.
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State of California The Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code_____________________________________
Other Listings_____________________________________________________________________ Review Code________ Reviewer________________________ Date_______________ Page _1_ of _5_ Resource name(s) or number (assigned by recorder) Geddes-Charlton House P1. Other Identifier:
*P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad: Orange Quadrangle California-Orange County 7.5-Minute Series Date: 2022 *c. Address 1908 North Greenleaf Street City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor’s Parcel Number 002-091-09 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The Geddes-Charlton House is a one-story, single-family, Tudor Revival Style residence located on a modestly sized parcel in the Floral Park National Register Historic District (Figure 1). The asymmetrical residence features a L-shaped plan with a steeply-pitched cross-gable roof clad in wood shingles with shallow eaves and exposed rafters. An additional, steeply pitched front gable at the primary (east) façade projects east from the primary cross-gable, towards North Greenleaf Street (Figure 2). The exterior of the house is clad in smooth stucco with half-timbering at the gable end of the two front gables. The main entrance sits within a porch that is situated below a front gable, supported by two wooden support posts. The main entrance door, facing south, is composed of a wooden door with a rectangular panel detail and a wrought iron decorative grill and metal hardware (Figure 3).
(See Continuation Sheet 3 of 5.)
*P3b. Resource Attributes: (list attributes and codes) HP2. Single-Family Residence *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date)
(Figure 1) Primary (East) elevation,
view west, June 2023
*P6. Date Constructed/Age and
Sources: historic
1934/ City of Santa Ana Building
Permits
*P7. Owner and Address:
Patrice and Donald Peterson
1908 North Greenleaf Street
Santa Ana, CA 92706
*P8. Recorded by:
Andrea Dumovich Heywood
City of Santa Ana
20 Civic Center Plaza M-20
Santa Ana, CA 92702
*P9. Date Recorded:
September 7, 2023
*P10. Survey Type:
Intensive Survey Update
*P11. Report Citation: (Cite survey
report and other sources, or enter “none”)
None
*Attachments: None Location Map Sketch Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record Other (list)
DPR 523A (1/95) *Required information
P5a. Photo
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State of California The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________
BUILDING, STRUCTURE, AND OBJECT RECORD
*Resource Name or #: Geddes-Charlton House
B1. Historic Name: Geddes-Charlton House
B2. Common Name: Same
B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Tudor Revival Style
*B6. Construction History: (Construction date, alterations, and date of alterations):
February 1, 1934. Permit to construct a residence and attached garage. $5,000.
February 28, 1970. Permit to construct a swimming pool and spa.
November 26, 1986. Demolish detached garage and build a new two-car garage with office above.
April 4, 1988. Masonry fireplace.
October 10, 2000. Reroof with new wood shingle roof.
Unknown. Two vinyl windows added to rear dormer.
Unknown. Replacement of original rear door with a multi-light wood French sliding door. *B7. Moved? No Yes Unknown Date:__________ Original location:_______ _______ *B8. Related Features: Swimming pool, detached garage with office above at rear, rear shed, and large tree in front yard.
B9a. Architect: Unknown b. Builder: Unknown
*B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1934 Property Type: Single-family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Geddes-Charlton House is architecturally significant as an intact example of a Tudor Revival style house in Santa Ana.
According to City building records, it was built in 1934 for approximately $5,000, for Dr. Mabel A. Geddes; however, the original architect and builder are unknown. Dr. Geddes only resided at the property for two years; she was known as a supervisor of health for Orange County schools, Board member of the Young Women’s Christian Association (YWCA) of Santa Ana, and a Chairperson of Orange County Nutrition Committee. In 1936, she moved out of the subject property and into the property two houses over, at 1916 Greenleaf Street. By 1937, the subject property was occupied by W. H. Charlton, until 1939 when City Directories list the property as vacant. (See Continuation Sheet 3 of 5.)
B11. Additional Resource Attributes: (List attributes and codes) *B12. References:
City of Santa Ana Building Permits
Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps
(See Continuation Sheet 3 of 5.)
B13. Remarks:
*B14. Evaluator: Leslie Heumann/Chattel Inc.
*Date of Evaluation: September 7, 2023
Sketch Map
(This space reserved for official comments.)
Geddes-Charlton House
1908 North Greenleaf Street
N
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State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________
*Recorded by Andrea Dumovich Heywood *Date September 7, 2023 Continuation Update DPR 523L
DPR 523B (1/95) *Required information
*P3a. Description (continued):
Fenestration on the primary (east) façade includes a fixed wood window, below the eastern-most front gable, with a 20-light muntin pattern. Wood casements with an 8-light muntin pattern are on either side of the fixed window and are flanked by decorative wood shutters (Figure 4). Additional multi-light wood casement windows (some with and without shutters) are situated along the primary (east) façade. The north and south side façade window pattern is composed of a mix of single and double casement, multi-light wood windows, and double-hung wood windows (Figure 5). The rear (west) façade features three double casement multi-light wood windows and one double-hung wood window, along with a single pedestrian door and a replacement, multi-light, wood sliding door. The attic at the rear façade features a dormer with two non-original or replacement vinyl hung windows (Figure 6). All original windows throughout include a prominent wood window sill. Additional architectural features include two stucco-clad chimneys along the north façade, a single metal vent under the projecting front gable and two round vents under the primary front gable, and a metal mail slot adjacent to the primary entrance. The rear yard contains a two-story accessory building consisting of a detached garage with an office above; a smaller accessory shed building clad in wood siding with a shake roof, exposed rafters, a door, and two windows; and a rear pool. The two-story building’s primary (east) façade is designed with half timbering under the east-facing gable and shutters to match the main residence. It also includes vinyl casement windows under the primary east gable, and multi-light wood doors (Figure 7). The property is landscaped with a front lawn, stone pathway, small shrubs, medium and large-sized trees. *B10. Significance (continued):
In 1940, L. C. Cameron occupied the residence. In 1941, A. W. Robinson is listed as the only tenant. From at least 1945 to 1956, the Lautzenhiser family (initials O.V. and E.C.) lived at 1908 North Greenleaf Street. Later, J.L. Davis owned the property for at least ten years, from 1960-1970. City Directories from the 1970s were unavailable. In the 1980s, Steve Pivo resided at the property between 1980-1982, with Jeff Pivo listed in 1982. By 1985, Bill McKay is identified as a tenant and in 1986 records show no one living at the property. From 1987-1996, Dixie and Thomas Denman are the known property owners. By 1996, the Denmans sold 1908 North Greenleaf Street to the present-day owners, Don and Patrice Peterson. No additional information was uncovered regarding the past owners and tenants.
The Geddes-Charlton 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 orange, avocado, and walnut trees and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). “Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land.
And that month, he began building custom homes in Santa Ana” (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. “When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each” (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival.
The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the El Toro Marine Base during World War II, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue.
In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell’s own large, Colonial Revival mansion at 2009 Victoria Drive. In 1937, Roy Rodney Russell, joined his father’s firm and by 1945 it was renamed as Roy Russell and Son. In the early post World War II years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2023) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens.
The Geddes-Charlton House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Tudor Revival style home in Santa Ana. Located in Floral Park, the house cost $5,000 to build in 1934.
The recommended categorization is “Key” because it has a distinctive architectural style and quality reflective of the Tudor Revival style (Santa Ana Municipal Code, Section 30-2.2). Character-defining features of the Tudor Revival style exhibited by the house include its wood shake roof; steeply pitched cross-gable roof form with a secondary gable that projects to the East towards North Greenleaf Street; minimal roof overhang with exposed rafters; half timbering at both front gable ends at the primary (east) façade; stucco siding; one stucco-clad chimney at the north side façade (a second chimney was added in 1988 and is therefore not considered a character-defining feature); main entrance door composed of a wooden door with a Historic Resources Commission 1 – 25
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State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________
*Recorded by Andrea Dumovich Heywood *Date September 7, 2023 Continuation Update DPR 523L
rectangular panel detail and a wrought iron decorative grill and metal hardware; a fixed wood window, below the eastern- most front gable at the primary facade, with a 20-light muntin pattern, and multi-light wood casement windows flanked by wood shutters; original fenestration throughout including single and double casement, multi-light wood windows, and double- hung wood windows; prominent wood window sill and wood shutters throughout; a single metal vent under the projecting front gable and two round vents under the primary front gable; a metal mail slot adjacent to the primary entrance; Hollywood driveway; and front yard lawn with landscaping including mature trees and shrubs. Because the detached garage is not original, it is considered compatible to the historic site but is not a character-defining feature. *B12. References (continued):
Almendral, Dylan M. “The Home of Dynasties: Historic Home Profile.” My Blog. 12 January 2020. Available:
https://www.dylanmalmendral.com/blog/the-home-of-dynasties. Accessed: 1 February 2023.
Ancestry.com. California, Death Index, 1940-1997 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2000.
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
Newspapers.com (Orange County Register and Santa Ana Register) Branch, National Park Service, US Dept. of the Interior, 1991.
Office of Historic Preservation. “Instructions for Recording Historical Resources.” Sacramento: March 1995.
Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969.
Santa Ana and Orange County Directories, 1934-1990.
Talbert, Thomas B. The Historical Volume and Reference Works: Covering Garden Grove, Santa Ana, Tustin. Volume 1:
Orange County. Whittier: Historical Publishers, 1963.
Historic Resources Commission 1 – 26 9/7/2023
City Council
33 –
46 11/7/2023
State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________
*Recorded by Andrea Dumovich Heywood *Date September 7, 2023 Continuation Update DPR 523L
Additional Figures:
Figure 2. Front gable at the primary (east) façade projects east from the primary cross-gable, facing northwest.
Figure 3. The main entrance sits within a porch that is situated below a front gable, supported by two wooden
supportposts, facing north.
Figure 4. A primary (east) façade fixed wood window, with a 20-light muntin pattern. Wood casements with an 8-light muntin pattern are on either side of the fixed window and are flanked by decorative wood shutters, facing northwest.
Figure 5. The north (side) façade windows feature single and double casement, multi-light wood windows, and
double-hung wood windows, facing southwest.
Figure 6. Rear (west) façade with original double casement windows and replacement sliding door (meant to emulate a French door) and dormer windows, facing northeast.
Figure 7. Two-story accessory building (compatible but
not character defining to the historic site). Building
features a detached garage with an office above, facing southwest.
Historic Resources Commission 1 – 27 9/7/2023
City Council
33 –
47 11/7/2023
MILLS ACT AGREEMENT
1908 North Greenleaf Street
Santa Ana, CA 92706
- 1 -
Exhibit C
Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S.
Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings, as follows:
1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose.
2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.
3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.
4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment.
These changes may have acquired significance in their own right, and this significance shall be recognized and respected.
5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity.
6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures.
7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.
8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project.
9. Contemporary design for alterations 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 Historic Resources Commission 1 – 28 9/7/2023
City Council
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MILLS ACT AGREEMENT
1908 North Greenleaf Street
Santa Ana, CA 92706
- 2 -
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.
Historic Resources Commission 1 – 29 9/7/2023
City Council
33 –
49 11/7/2023
2 0
4 1
4 Proposed Structure Improvements (“Work Plan”)
1908 North Greenleaf Street
Item Year Improvement
1 2023 Change out two (2) vinyl bathroom windows upstairs at rear with double-hung wood windows to match existing windows 2 2024 Reroof to wood shake or fireproof wood shake
3 2028 Repaint wood (window frames and shutters) on main residence and garage
Historic Resources Commission 1 – 30 9/7/2023
City Council
33 –
50 11/7/2023
O R A N G E C O U N T Y R E P O R T E R
OR#
~SINCE 1921~
To the right is a copy of the notice you sent to us for publication in the ORANGE COUNTY REPORTER. Thank you for using our newspaper. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are):
Daily Journal Corporation
Serving your legal advertising needs throughout California.
Mailing Address : 600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841
Visit us @ www.LegalAdstore.com
NUVIA OCAMPO
CITY OF SANTA ANA/PLANNING & BUILDING AGENCY
20 CIVIC CENTER PLAZA 2ND FLR
SANTA ANA, CA 92702
GPN GOVT PUBLIC NOTICE
1908 N Greenleaf
08/23/2023
Publication
Total
$117.80
$117.80
ORANGE COUNTY REPORTER, SANTA ANA (714) 543-2027
BUSINESS JOURNAL, RIVERSIDE (951) 784-0111
DAILY COMMERCE, LOS ANGELES (213) 229-5300
LOS ANGELES DAILY JOURNAL, LOS ANGELES (213) 229-5300
SAN FRANCISCO DAILY JOURNAL, SAN FRANCISCO (800) 640-4829 SAN JOSE POST-RECORD, SAN JOSE (408) 287-4866
THE DAILY RECORDER, SACRAMENTO (916) 444-2355
THE DAILY TRANSCRIPT, SAN DIEGO (619) 232-3486
THE INTER-CITY EXPRESS, OAKLAND (510) 272-4747
Notice Type:
Ad Description
COPY OF NOTICE
3732239
!A000006388330!
The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice.
NOTICE OF PUBLIC HEARING
BEFORE THE SANTA ANA HISTORIC
RESOURCES COMMISSION
The City of Santa Ana encourages the
public to participate in the decision-
making process. We encourage you to
contact us prior to the Public Hearing if
you have any questions.
Historic Resources Commission
Action: The Historic Resources
Commission will hold a Public Hearing to
receive public testimony, and will take
action on the item described below. Their
decision is final unless appealed to the
City Council within 10 days of the decision
by any interested party or group.
Project Location:
1908 North Greenleaf
Street located within the Single Family
Residential (R1) district zone.
Project Applicant:
Patrice and Donald
Peterson (Property Owners)
Project Description:
The applicant is
requesting approval of Historic Resources
Commission Application No. 2023-17,
Historic Register Categorization No. 2023-
03, and Historic Property Preservation
Agreement No. 2023-09 to allow the
placement and categorization in the Santa
Ana Register of Historical Properties as
“Key” for the above mentioned property
and to execute a Historic Property
Preservation Agreement with the City of
Santa Ana.
Environmental Impact:
Pursuant to the
California Environmental Quality Act
(CEQA) and the CEQA Guidelines, the
project is exempt from further review
under Section 15331, Class 31, as this
action is designed to preserve a historic
resource. Categorical Exemption No. ER-
2023-78 will be filed for this project.
Meeting Details:
This matter will be
heard on Thursday, September 7, 2023,
at 4:30 p.m. in the City Council
Chambers, 22 Civic Center Plaza, Santa
Ana, CA 92701. Members of the public
may attend this meeting in-person or
join via Zoom. For the most up to date
information on how to participate virtually
in this meeting, please visit www.santa-
ana.org/pb/meeting-participation.
Written Comments:
If you are unable to
participate in the meeting, you may send
written comments by e-mail to
[email protected]
(reference the topic in the subject line) or
mail to Nuvia Ocampo, Recording
Secretary, City of Santa Ana, 20 Civic
Center Plaza – M20, Santa Ana, CA
92701. Deadline to submit written
comments is 3:00 p.m. on the day of
the meeting. Comments received after
the deadline may not be distributed to the
Commission but will be made part of the
record.
Where To Get More Information:
Additional details regarding the proposed
action(s), including the full text of the
discretionary item, may be found on the
City website 72 hours prior to the public
hearing at: https://santa-
ana.primegov.com/public/portal.
Who To Contact For Questions
: Should
you have any questions, please contact
Andrea Dumovich Heywood with the
Planning and Building Agency at
[email protected] or 714-647-
5899.
Note:
If you challenge the decision on the
above matter, you may be limited to
raising only those issues you or someone
else raised at the public hearing
described in this notice, or in written
correspondence delivered to the Historic
Resources Commission or City Council of
the City of Santa Ana at, or prior to, the
public hearing.
Si tiene preguntas en español, favor de
llamar a Nuvia Ocampo al (714) 667-
2732.
Nu cn liên lc bng ting Vit, xin
in thoi cho Tony Lai s (714) 565-
2627.
8/23/23
OR-3732239#
Historic Resources Commission 1 – 31 9/7/2023
City Council
33 –
51 11/7/2023
CITY OF SANTA ANA
Planning and Building Agency
20 Civic Center Plaza ● P.O. Box 1988
Santa Ana, California 92702
www.santa-ana.org/pba
NOTICE
OF PUBLIC HEARING
BEFORE THE SANTA ANA HISTORIC RESOURCES COMMISSION
The Ci
ty of Santa Ana encourages the public to participate in the decision-making process. This notice is being sent to those who live or own property within 500 feet of the project site or who have expressed an interest in the proposed action. We encourage you to contact us prior to the Public Hearing if you have any questions.
Hist
oric Resources Commission Action : The Historic Resources Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Their decision is final unless appealed to the City Council within 10 days of the decision by any interested party or group.
Proj
ect Location: 1908 North Greenleaf Street located within the Single Family Residential (R1) district zone.
Proj
ect Applicant: Patrice and Donald Peterson (Property Owners) Pro
ject Description: The applicant is requesting approval of Historic Resources Commission Application No. 2023 -17, Historic Register Categorization No. 2023- 03, and Historic Property Preservation Agreement No. 2023- 09 to allow the placement and categorization in the Santa Ana Register of Historical Properties as “Key” for the above mentioned property and to execute a Historic Property Preservation Agreement with the City of Santa Ana.
Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No. ER -2023-78 will be filed for this project.
Meeting Details: This matter will be heard on Thursday, September 7, 2023, at 4:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in-person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa-ana.org/pb/meeting-participation.
Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to [email protected] (reference the topic in the subject line) or mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701.
Deadline to submit written comments is 3:00 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record.
Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https://santa-ana.primegov.com/public/portal.
Who To Contact For Questions : Should you have any questions, please contact Andrea Dumovich Heywood with the Planning and Building Agency at [email protected] or 714-647-5899.
Historic Resources Commission 1 – 32 9/7/2023
City Council
33 –
52 11/7/2023
Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Historic Resources Commission or City Council of the City of Santa Ana at, or prior to, the public hearing.
Si t
iene preguntas en español, favor de llamar a Nuvia Ocampo al (714) 667-2732.
Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627.
Historic Resources Commission 2 – 2 4 11/ 7/2023
Historic Resources Commission 1 – 33 9/7/2023
City Council
33 –
53 11/7/2023
Historic Resources Commission 2 – 24 11/7 /2023Historic Resources Commission 2 – 24 11/7/2023Historic Resources Commission 2 – 24 11/7/2023 Historic Resources Commission 2 – 24 11/7 /2023
Historic Resources Commission 1 – 34 9/7/2023
City Council
33 –
54 11/7/2023
Historic Resources Commission 1 – 35 9/7/2023
City Council
33 –
55 11/7/2023
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Santa Ana
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Attn: City Clerk’s Office
FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383
_________________________________________________________________________
HISTORIC PROPERTY PRESERVATION AGREEMENT
This Historic Property Preservation Agreement (“Agreement”) is made and entered into 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 4th and Broadway OZ SPE, LLC, a Delaware Limited Liability Company, (hereinafter collectively referred to as “Owner”), owner of real property locat ed at 302 West Fourth Street , Santa Ana, California , 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 se q. (known as the “Mills Act”) to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity.
B. The Owner possess es fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 302-308 ½ West Fourth Street and 324 North Broadway , Santa Ana, C A, 92701 (collectively referred to as 302 West Fourth Street, Santa Ana, CA 92701) and more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference, and hereinafter referred to as the “Historic Property.” C. The Historic Property is officially designated on th e Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code.
D. City and 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 Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and o ther changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner.
Exhibit 3
City Council
33 –
56 11/7/2023
MILLS ACT AGREEMENT
302 West Fourth Street
Santa Ana, CA 92701
- 2 -
E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code.
NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows:
1. Effective Date and Terms of Agreement.
This Agreement shall be effective and commence on November 8 , 2023, 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 ma y 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 nonrenew al 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:
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 described in the “Historical Property Description” attached hereto, marked as Exhibit B, 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.
City Council
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MILLS ACT AGREEMENT
302 West Fourth Street
Santa Ana, CA 92701
- 3 -
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 Department of Parks and Recreation, namely the U.S. Secretary of the Interior’s Standards and Guidelines for Historic Preservation Projects. These guidelines a re attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition.
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 alterations are in keeping with the Secretary of Interior’s Standards; deteriorating, dilapidated or unrepaired structu res 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 inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner’s compliance with the terms and provisions of this Agreement. f. Owner shall implement the rehabilitation and restoration work items as discussed in detail in Exhibit D, “Proposed Structure Improvements.” All work items shall be completed within the first ten years of the Mills Act Agreement. Proof of status and completion, as requested from time to time by the City of Santa Ana, will be required in order to satisfy and maintain the Mills Act Agreement. Staff approval is required before items shall be amended or removed/replaced from the improvements list.
4. Furnishing of Information.
The Owner hereby ag rees 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.
5. Cancellation.
a. The City, following a duly noticed public hearing by the City Cou ncil 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 ha s allowed the property to
City Council
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58 11/7/2023
MILLS ACT AGREEMENT
302 West Fourth Street
Santa Ana, CA 92701
- 4 -
deteriorate to the point that it no longer meets t he 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 ½) percent by Government Code Section 50286) of the current fair market v alue 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 immediately 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 A greement 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, City may specifically enforce, or e njoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager 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 th at acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then 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 Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate.
b. City does not waive any claim of default by the Owner if 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 City’s regulations governing historic properties are a vailable to City to pursue in the event that there is a breach of this Agreement. No waiver by 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.
City Council
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MILLS ACT AGREEMENT
302 West Fourth Street
Santa Ana, CA 92701
- 5 -
7. Binding effec t of Agreement.
a. Owner hereby subjects the Historic Property, located at 302 West Fourth Street, Assessor Parcel Number, 398-591-05, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner’s successors an d 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 a ccepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument.
c. This property is listed in the Santa Ana Register of Historical Properties (Register) and is located in the Downtown Register National Historic District . In any real property transaction, the owner of this property or the owner’s representative shall provide the buyer of this property with notic e that the property is listed on the City’s historic Register and is located within the Downtown Register National Historic District.
8. No Compensation.
Owner shall not receive any payment from City in consideration of the obligation imposed under thi s 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 Owner as a result of the effect upon the assessed value of the Prope rty 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
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Attn: City Clerk’s Office
Owners: 4th and Broadway OZ SPE, LLC, a Delaware Limited Liability Company Attn: Jeff Pintar
302 West Fourth Street
Santa Ana, CA 92701
City Council
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MILLS ACT AGREEMENT
302 West Fourth Street
Santa Ana, CA 92701
- 6 -
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 lia bility 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, agent, employee, or o ther person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, 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 a ny 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 restrict ions 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 portion s thereof, shall not be effected thereby.
g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County.
City Council
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MILLS ACT AGREEMENT
302 West Fourth Street
Santa Ana, CA 92701
- 7 -
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. Amendments.
This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto.
13. Effective Date
This Agreement shall be effective on the day and year first written above in Section 1.
{Signature page follows}
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MILLS ACT AGREEMENT
302 West Fourth Street
Santa Ana, CA 92701
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ATTEST: CITY OF SANTA ANA
________________________ _________________________
JENNIFER L. HALL KRISTINE RIDGE
Clerk of the Council City Manager
OWNER
Date: ______________________ By:_________________________
JEFF PINTAR
4th and Broadway OZ SPE, LLC, a
Delaware Limited Liability Company
APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL:
SONIA CARVALHO
City Attorney
By: _____________________ _____________________
BRANDON SALVATIERRA MINH THAI
Deputy City Attorney Executive Director
Planning and Building Agency
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MILLS ACT AGREEMENT
302 West Fourth Street
Santa Ana, CA 92701
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EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA
ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF THE REAL PROPERTY RECORDED DECEMBER 30, 1957, IN BOOK 4150, PAGE 305, OF OFFICIAL RECORDS OF CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF FOURTH STREET WITH THE WEST LINE OF BROADWAY; THENCE WEST ALONG THE SOUTH LINE OF FOURTH STREET, 92.15 FEET; THENCE SOUTH 100 FEET; THENCE EAST 92.15 FEET; THENCE NORTH 100 FEET TO THE POINT OF BEGINNING.
Assessor’s Parcel Number: 398-591-05
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Exhibit B
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MILLS ACT AGREEMENT
302 West Fourth Street
Santa Ana, CA 92701
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Exhibit C
Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S.
Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings, as follows:
1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose.
2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.
3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.
4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment.
These changes may have acquired significance in their own right, and this significance shall be recognized and respected.
5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity.
6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures.
7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.
8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project.
9. Contemporary design for alterations 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
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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.
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Proposed Structure Improvements ("Work Plan")
302 West Fourth Street
Year Improvement
2024 Renovation of existing building, including seismic retrofitting, new roof installation, utility upgrades, tenant improvements, and addition of a new rooftop unit.
2024 Interior conversion of the unit addressed as 302 West Fourth Street from existing commercial retail space to a new restaurant use
2024 All character-defining features on the north and east facades will be protected and repaired in-kind as needed, which includes original brick exterior, glazed brick trim, parapet, bay divisions articulated by piers, and architectural ornamentation.
2024 The storefront addressed 304 West Fourth Street is composed of non-original replacement materials (aluminum-framing and replacement glazing) and will be restored to original wood-frame and glazing materials to match the original materials on the adjacent storefronts.
2024 The two storefronts addressed 306 and 308 West Fourth Street, each feature a wood spacer between them in order to support a wall between the two retail spaces. The spacers at the doors and between the upper transoms will be removed in order to align the doors as true double-doors. The transoms will be restored as a single transom at each storefront.
2024 Addition of two new accordion-style aluminum metal doors with glazing, which will replace non-original windows at the east facade (while maintaining and protecting in place the original multilight transoms above)
2024 Building code modifications to the existing paired pedestrian doors on the east façade, which consist of changing the door swing orientation, lowering the floors, and removing the exterior steps.
2024 Wall at rear (south) façade to be rebuilt for structural purposes.
New wall will reuse existing brick as feasible and include new door and window openings. New wall design to reflect existing design to amount feasible in order to preserve historic character.
Exhibit D
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Planning and Building Agency
Item # c
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Historic Resources Commission Staff Report
September 7, 2023
Topic: HPPA No. 2023-08 – The Gilmaker Block (302 W. Fourth Street)
RECOMMENDED ACTION
Recommend that the City Council authorize the City Manager and City Clerk to execute a Historic Property Preservation Agreement (Mills Act) with Jeff Pintar, representing 4th and Broadway OZ SPE, LLC, a Delaware Limited Liability, for the property located at 302 West Fourth Street, subject to non-substantive changes approved by the City Manager and City Attorney (Exhibit 1).
EXECUTIVE SUMMARY
Jeff Pintar, representing 4th and Broadway OZ SPE, LLC, a Delaware Limited Liability, is requesting approval to execute a Mills Act Agreement with the City of Santa Ana for an existing commercial property located at 302 West Fourth Street that is currently listed on the Santa Ana Register of Historical Properties.
DISCUSSION
Project Location and Site Description
The subject property, known as the Gilmaker Block (which is one building addressed as 302-308 ½ West Fourth Street and 324 North Broadway), consists of an existing single- story 8,863-square-foot commercial building on a zero lot line. The building is an appropriately rehabilitated example of the brick vernacular commercial style that was prevalent on smaller commercial buildings in towns across the west (Exhibit 2). The Gilmaker Block is a contributor to the National Register-listed Downtown Santa Ana Historic District. The property is also individually listed as No. 244 on the Santa Ana Register of Historical Properties (“Register”). It was placed on the Register in 2001 and was categorized as “Key.” Although the resolution and accompanying executive summary approving the Gilmaker Block as No. 244 on the Register could not be located, the meeting minutes for the Historic Resources Commission hearing dated March 1, 2001, approving the Gilmaker Block for listing on the Register, is attached to this report.
Exhibit 4
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HPPA No. 2023-08 – The Gilmaker Block (302 W. Fourth Street) September 7, 2023
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Analysis of the Issues
Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements, for eligible properties. The property is listed on the Register and categorized as Key, making it eligible for a Mills Act Agreement. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner’s voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property’s assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include:
• Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property In 2001, the Historic Resources Commission placed the Gilmaker Block on the Register and within the “Key” category because of its distinctive architectural style and quality, and being characteristic of a significant period in the history of the City of Santa Ana.
Character-defining exterior features of the Gilmaker Block that should be preserved include, but may not be limited to: brick exterior; glazed brick trim; parapet; bay divisions articulated by piers; and architectural ornamentation.
In May 2023, the property received approval by Santa Ana’s Historic Resources Commission for an historic exterior modification application (HEMA), HEMA No. 2023-02, consisting of renovating the existing commercial structure to accommodate three retail spaces and one restaurant. Additionally, the HEMA included exterior modifications consisting of a new 4,056-square-foot rooftop addition and 1,632-square-foot rooftop outdoor seating area with trellis as part of the new restaurant use. All approved exterior modifications were consistent with the Secretary of Interior Standards (SOIS) for Rehabilitation. Per the Conditions of Approval for HEMA No. 2023-02, staff will ensure that the proposed work will be completed in tandem with a qualified historic architect. The architect shall monitor the site monthly and provide updates to Planning Division staff during the entire construction period to ensure that the project is executed per the plans and follows the SOIS. Staff will ensure that all work is completed sensitively and will maintain the property’s character defining features as part of the Mills Act Agreement for this property.
Future improvements proposed by the property owner during the initial ten years of the Mills Act Agreement include all work approved as part of the May 2023 HEMA (interior and exterior modifications along with rooftop addition with trellis). The full improvement list, titled Attachment 5 - Proposed Structure Improvements– 302 West Fourth Street, is attached.
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HPPA No. 2023-08 – The Gilmaker Block (302 W. Fourth Street) September 7, 2023
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Lastly, the site will be subject to general maintenance and upkeep requirements including, but not limited to, replacement or restoration of damaged character-defining features, painting, etc. These improvements will be subject to review and approval by staff. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement.
ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15331 of the CEQA Guidelines (Class 31 – Historical Resource Restoration/Rehabilitation) as these actions are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2023-82, will be filed for this project.
FISCAL IMPACT
The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $4,123.35 annually, for a period of not less than ten years.
EXHIBIT(S)
1 - Mills Act Agreement
2 - 500’ Radius Map
3 - Site Photos – 302 West Fourth Street
4 - HRC Meeting Minutes dated March 1, 2001 (302 West Fourth Street) 5 – Proposed Structure Improvements – 302 West Fourth Street Submitted By:
Andrea Heywood, Associate Planner
Approved By:
Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Santa Ana
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Attn: City Clerk’s Office
FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383
_________________________________________________________________________
HISTORIC PROPERTY PRESERVATION AGREEMENT
This Historic Property Preservation Agreement (“Agreement”) is made and entered into 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 4th and Broadway OZ SPE, LLC, a Delaware Limited Liability Company, (hereinafter collectively referred to as “Owner”), owner of real property locat ed at 302 West Fourth Street , Santa Ana, California , 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 se q. (known as the “Mills Act”) to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity.
B. The Owner possess es fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 302-308 ½ West Fourth Street and 324 North Broadway , Santa Ana, C A, 92701 (collectively referred to as 302 West Fourth Street, Santa Ana, CA 92701) and more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference, and hereinafter referred to as the “Historic Property.” C. The Historic Property is officially designated on th e Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code.
D. City and 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 Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and o ther changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner.
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MILLS ACT AGREEMENT
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E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code.
NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows:
1. Effective Date and Terms of Agreement.
This Agreement shall be effective and commence on November 8 , 2023, 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 ma y 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 nonrenew al 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:
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 described in the “Historical Property Description” attached hereto, marked as Exhibit B, 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.
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MILLS ACT AGREEMENT
302 West Fourth Street
Santa Ana, CA 92701
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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 Department of Parks and Recreation, namely the U.S. Secretary of the Interior’s Standards and Guidelines for Historic Preservation Projects. These guidelines a re attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition.
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 alterations are in keeping with the Secretary of Interior’s Standards; deteriorating, dilapidated or unrepaired structu res 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 inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner’s compliance with the terms and provisions of this Agreement. f. Owner shall implement the rehabilitation and restoration work items as discussed in detail in Exhibit D, “Proposed Structure Improvements.” All work items shall be completed within the first ten years of the Mills Act Agreement. Proof of status and completion, as requested from time to time by the City of Santa Ana, will be required in order to satisfy and maintain the Mills Act Agreement. Staff approval is required before items shall be amended or removed/replaced from the improvements list.
4. Furnishing of Information.
The Owner hereby ag rees 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.
5. Cancellation.
a. The City, following a duly noticed public hearing by the City Cou ncil 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 ha s allowed the property to Historic Resources Commission c – 6 9/7/2023
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deteriorate to the point that it no longer meets t he 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 ½) percent by Government Code Section 50286) of the current fair market v alue 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 immediately 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 A greement 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, City may specifically enforce, or e njoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager 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 th at acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then 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 Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate.
b. City does not waive any claim of default by the Owner if 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 City’s regulations governing historic properties are a vailable to City to pursue in the event that there is a breach of this Agreement. No waiver by 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.
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MILLS ACT AGREEMENT
302 West Fourth Street
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7. Binding effec t of Agreement.
a. Owner hereby subjects the Historic Property, located at 302 West Fourth Street, Assessor Parcel Number, 398-591-05, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner’s successors an d 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 a ccepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument.
c. This property is listed in the Santa Ana Register of Historical Properties (Register) and is located in the Downtown Register National Historic District . In any real property transaction, the owner of this property or the owner’s representative shall provide the buyer of this property with notic e that the property is listed on the City’s historic Register and is located within the Downtown Register National Historic District.
8. No Compensation.
Owner shall not receive any payment from City in consideration of the obligation imposed under thi s 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 Owner as a result of the effect upon the assessed value of the Prope rty 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
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Attn: City Clerk’s Office
Owners: 4th and Broadway OZ SPE, LLC, a Delaware Limited Liability Company Attn: Jeff Pintar
302 West Fourth Street
Santa Ana, CA 92701
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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 lia bility 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, agent, employee, or o ther person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, 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 a ny 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 restrict ions 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 portion s thereof, shall not be effected thereby.
g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County.
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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. Amendments.
This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto.
13. Effective Date
This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows}
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ATTEST: CITY OF SANTA ANA
________________________ _________________________
JENNIFER L. HALL KRISTINE RIDGE
Clerk of the Council City Manager
OWNER
Date: ______________________ By:_________________________
JEFF PINTAR
4th and Broadway OZ SPE, LLC, a
Delaware Limited Liability Company
APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL:
SONIA CARVALHO
City Attorney
By: _____________________ _____________________
BRANDON SALVATIERRA MINH THAI
Deputy City Attorney Executive Director
Planning and Building Agency
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EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA
ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF THE REAL PROPERTY RECORDED DECEMBER 30, 1957, IN BOOK 4150, PAGE 305, OF OFFICIAL RECORDS OF CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF FOURTH STREET WITH THE WEST LINE OF BROADWAY; THENCE WEST ALONG THE SOUTH LINE OF FOURTH STREET, 92.15 FEET; THENCE SOUTH 100 FEET; THENCE EAST 92.15 FEET; THENCE NORTH 100 FEET TO THE POINT OF BEGINNING.
Assessor’s Parcel Number: 398-591-05
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Exhibit C
Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S.
Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings, as follows:
1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose.
2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.
3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.
4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment.
These changes may have acquired significance in their own right, and this significance shall be recognized and respected.
5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity.
6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures.
7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.
8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project.
9. Contemporary design for alterations 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 Historic Resources Commission c – 17 9/7/2023v
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MILLS ACT AGREEMENT
302 West Fourth Street
Santa Ana, CA 92701
- 2 -
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.
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Proposed Structure Improvements ("Work Plan")
302 West Fourth Street
Year Improvement
2024 Renovation of existing building, including seismic retrofitting, new roof installation, utility upgrades, tenant improvements, and addition of a new rooftop unit.
2024 Interior conversion of the unit addressed as 302 West Fourth Street from existing commercial retail space to a new restaurant use
2024 All character-defining features on the north and east facades will be protected and repaired in-kind as needed, which includes original brick exterior, glazed brick trim, parapet, bay divisions articulated by piers, and architectural ornamentation.
2024 The storefront addressed 304 West Fourth Street is composed of non-original replacement materials (aluminum-framing and replacement glazing) and will be restored to original wood-frame and glazing materials to match the original materials on the adjacent storefronts.
2024 The two storefronts addressed 306 and 308 West Fourth Street, each feature a wood spacer between them in order to support a wall between the two retail spaces. The spacers at the doors and between the upper transoms will be removed in order to align the doors as true double-doors. The transoms will be restored as a single transom at each storefront.
2024 Addition of two new accordion-style aluminum metal doors with glazing, which will replace non-original windows at the east facade (while maintaining and protecting in place the original multilight transoms above)
2024 Building code modifications to the existing paired pedestrian doors on the east façade, which consist of changing the door swing orientation, lowering the floors, and removing the exterior steps.
2024 Wall at rear (south) façade to be rebuilt for structural purposes.
New wall will reuse existing brick as feasible and include new door and window openings. New wall design to reflect existing design to amount feasible in order to preserve historic character.
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HPPA-2023-08
302 WEST FOURTH STREET
THE GILMAKER BLOCK
P L A N N I N G AND B U I L D I N G A G E N C Y
500’ RADIUS
SITE
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HPPA-2023-08
The Gilmaker Block
302 West Fourth Street
SITE PHOTOS
EXHIBIT 3
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ACTION MINUTES OF THE..
HISTORIC RESOURCES COMMISSION
OF THE CITY OF SANTA ANA
MARCH 1, 2001
CALLED TO ORDER: 4: 31 P. M.
City Hall Council Chambers
22 Civic Center Plaza
Santa Ana, California
ATTENDANCE: COMMISSIONERS Present:
Rose Anne Garcia Kings, Chair
Paul Giles, Vice Chairman
Philip Chinn, Pro Tem
Rita Corpin
James Gartner
Carlos Bustamante
Robert Richardson ( 4: 41 p. m.)
Paula Rankin
ABSENT: None
STAFF PRESENT: Cynthia J. Nelson, Deputy City Manager
Kenneth Adams, Planning Manager
Chris Norman, Assistant City Attorney
Joseph Edwards, Principal Planner
Jeffry Rice, Principal Planner
Rosa Barela, Acting Recording Secretary
CONSENT CALENDAR
A. Approval of the Minutes for the regular meeting of February 1, 2001.
RECOMMENDATION:
Approve the minutes of the regular meeting of February 1, 2001.
B. Commission Secretary Report
RECOMMENDATION:
Instruct the Commission Secretary to enter into the minutes.
The March 1, 2001 Agenda was posted at the City Hall Council Chambers on February 27, 2001 at 10: 30 a. m.
C. HISTORIC RESOURCES COMMISSION OBJECTIVES FOR 2001
RECOMMENDATION:
Approve the Historic Resources Commission Objectives for 2001.
END OF CONSENT CALENDAR *
Motion to approve Consent Calendar items with modiflcatlons.
MOTION: Giles SECOND: Bustamante
AYES: Kings, Giles, Chinn, Corpin, I Gartner, Bustamante, 1 Historic Resources Commission c – 22 9/7/2023
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Madam Chair Kings opened the public hearing at 5:,00 p. m.
4. Mr. Joseph Louis Gilmaker complimented Commission on all their hard work and noted:
Commercial Building ( 03) - 309 W. Third St.: Staff listed Theodore J. Beall owner. Mr. Gilmaker indicated Mr. Beall was a tenant and the Gilmaker Estate owns property; and noted the property i3 part of the parcel they have listed as 300 - 304 N. Broadway and belongs to the estate of Joseph Gilmaker.
Gerwig's Bicycle Shop (09) - 312 N. Broadway; Gilmaker Estates should be listed as owner.
Madam Chair Kings closed the public hearing at 5: 04 p. m.
Motion to 1) adopt a resolution approving Historic Resources Commission Application No.'s 2001-03 through 2001-09; and 2) adopt a resolution approving Historic Register Categorization No.'s 2001-03 through 2001-09.
MOTION: Giles SECOND: Bustamante
AYES: Kings, Giles, Chinn, Corpin, Gartner, Bustamante, Richardson, Rankin
NOES: None
ABSENT: None
ABSTENTION: None
2001-10 THROUGH 2001-18
To place and categorize various structures as Key on the Santa Ana Register of Historical Properties.
STRUCTURE NAME HISTORICAL STRUCTURE
ADDRESS
RECOMMENDED
CATEGORY
Dr. Horton Buildin 10 315 West Third Street Ke
Semi-Tro is Hotel 11 312, 314, and 316 West Fourth Street Ke Gilmaker Block ( 12) 302, 304, 306, 308 West Fourth Street and 324 N. Broadwa
Key
Dibble Buildin 13 102 East Fourth Street Ke
Shaffer- Wakeham Building
14 108, 110, and 112 East Fourth Street Key
K hl Buildin 15 118 East Fourth Street Ke
Empire Market ( 16) 202, 204, 206 and 208 Nonh
Broadwa
Key
Gilmaker Broadway Block
17 302, 304, 306, 308, and 310 North
Broadwa
Key
Care Smith Buildin 18 315 North Main Street Ke
PUBLISHED IN THE REGISTER:
PUBLICLY NOTICED:
February 18, 2001
February 16, 2001
RECOMMENDATION:
1. Adopt a resolution approving Historic Resources Commission Application No.'s 2001-10 through 2001-18.
2. Adopt a resolution approving Historic Register Categorization No.'s 2001-10 through No's 2001-18.
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Police Department
www.santa-ana.org/police
Item # 34
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 7, 2023
TOPIC: First Amendment to Agreement with TriTech Software Systems for Computer Aided Dispatch and Records Management System Software
AGENDA TITLE
First Amendment to Agreement with TriTech Software Systems for Computer Aided Dispatch and Records Management System Software (General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute the First Amendment to the agreement with TriTech Software Systems for the continued implementation as well as support and maintenance of Computer Aided Dispatch and Records Management System software for an additional three-year period beginning November 23, 2023 through November 22, 2026, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
In November 2015, the City Council approved Agreement #A-2015-252 wherein TriTech agreed to provide an integrated computer system consisting of a Computer Aided Dispatch system (CAD) and a Records Management System (RMS), including applicable interfaces, software, equipment and services, and ongoing annual software support for the Police Department.
The original agreement was presented to Council as an eight-year agreement, comprised of a three-year implementation plan followed by five years of support and maintenance. The CAD portion of the system was implemented as scheduled. However the implementation for the RMS portion has taken much longer than anticipated. This amendment will allow for an additional three years of support and maintenance of the system as well as provide more time for the outstanding portions of the project to be completed.
The primary delay for the RMS is related to producing crime statistics as required by the
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First Amendment to Agreement with TriTech Software Systems for Computer Aided Dispatch and Records Management System Software
November 7, 2023