Relative to the permanent loan conversion for Legacy Square, the State of California Department of Housing and Community Development (HCD) is one of the senior lenders on this project and has requested the City to amend our local Density Bonus Housing Agreement in order for HCD to approve their permanent loan. Specifically, this First Amendment to the Density Bonus Housing Agreement is required because the recordation of the original Density Bonus Housing Agreement on the fee interest triggers an obligation for HCD to record its regulatory agreement against the fee interest. At the time of recording of the Density Bonus Housing Agreement on March 25, 2019, following City Council approval, there was no ground lease, but the affordable housing owner now has a long-term ground lease with the Santa Ana United Methodist Church that they entered into on June 12, 2020, over one year later. Since there was no ground lease when recorded, the Density Bonus Housing Agreement was recorded against the ground lessor’s fee interest and not the leasehold interest held by the affordable housing owner.
Following approval of this action by the City Council, the First Amendment to the Density Bonus Housing Agreement will be recorded against the leasehold interest by modifying the leasehold description in the original Density Bonus Housing Agreement and satisfy the request of HCD (Exhibit 1). After this First Amendment is approved, HCD can record their regulatory agreement against the leasehold interest and approve their permanent loan. However, if this First Amendment is not approved, National CORE will not be able to close on its permanent loan conversion and the project will be in default under its construction loan financing documents.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. First Amendment to Density Bonus Housing Agreement for Legacy Square Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Tom Hatch, Interim City Manager
City Council 16 – 2 1/16/2024
RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
City of Santa Ana
City Clerk
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, California 92702
Attention: City Clerk
No fee for recording pursuant to
Government Code Section 27383
FIRST AMENDMENT TO DENSITY BONUS HOUSING AGREEMENT
(Legacy Square)
THIS FIRST AMENDMENT TO DENSITY BONUS HOUSING AGREEMENT (this "Amendment") is made and entered into as of the_ day of ______ , 2024 ("Effective Date") by and between the City of Santa Ana, a charter city and municipal corporation of the State of California (the "City"), and National Community Renaissance of California, a California nonprofit public benefit corporation (the "Developer"), and Legacy Square, L.P., a California limited partnership (the "Tenant"). The City, Developer, and the Tenant are sometimes collectively refeITed to as the "Parties." Terms not defined herein shall have the meaning set forth in the OBA (as defined below).
RECITALS:
A. Santa Ana United Methodist Church (the "Fee Owner") is the owner of the real property located within the City of Santa Ana, County of Orange, State of California, commonly known as 609 North Spurgeon Street, Santa Ana, California, and further described in Exhibit A attached hereto and incorporated herein by reference (the "Property").
B. Developer formed the Tenant to enter into a long-term ground lease with the Fee Owner and to develop the ninety-three (93) unit affordable apartment complex on the Property as more particularly described in the Density Bonus Application No. 2018-01 (the "Project").
Without the density bonuses, Developer and Tenant would only be permitted to build fifty-one (51) units on the Pro petty.
C. To set forth the term of the required density bonuses, the City and the Developer entered into that certain Density Bonus Housing Agreement with an effective date of February 5, 2019 (the "OBA"), and the same was recorded against the Prope1ty on March 25, 2019, as Recording No. 2019000092579, in the Official Records of Orange County, California (the "Official Records").
D. The Tenant and the Fee Owner entered into that certain long-term ground lease dated as of June 12, 2020, the same which was amended and restated by that certain amended -1-
Kl-I 1112350.3
EXHIBIT 1
City Council 16 – 3 1/16/2024
and restated ground lease dated as of February 11, 2021, with the owner of the Property, Santa Ana United Methodist Church, as further amended, ("Ground Lease"), with respect to a po,tion of the Prope1ty, under which the Tenant has a valid leasehold interest in the Property ("Leased Prope1ty").
E. With this Amendment, the Parties desire to amend the DBA to clarify that the covenants and obligations therein extend to and are only recorded against the Tenant's lease ho Id interest in the Propetty, and not the Fee Owner's interest in the propetty.
NOW, THEREFORE, for and in consideration of the covenants, representations, warranties and agreements set forth in the OBA, as amended herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the patties hereto do hereby agree as follows:
1. Section 4.1 of the OBA is deleted in its entirety and replaced with the following:
4.1 Recording of Documents. No later than issuance of building permits for the Project, Developer and the City shall record or cause to be recorded in the Official Records for Orange County, California, an executed original of this Agreement. City shall cooperate with Developer in promptly executing in recordable form this Agreement. Upon the date of recording, the terms and conditions of this Agreement shall be binding upon and run with the Leased Prope1ty and the Project. It is the express intent and agreement between the Patties that this Agreement sha 11 remain binding and enforceable against the Leased Property, the Project, and the Units to ensure compliance ,vith the State Density Bonus Law, City Density Bonus Law, and the City Housing Opportunity Ordinance, and to ensure the continued supply of Affordable Units in the Project.
2. Section 8.2 of the OBA is deleted in its entirety and replaced with the following:
8.2 Covenants Run with the Land. The Leased Property shall be held, sold, conveyed, hypothecated, encumbered, used, occupied and improved subject to the covenants, conditions, and restrictions set forth here in. The covenants, conditions, restrictions, reservations, equitable servitudes, liens and charges set forth in this Agreement shall run with the Leased Propetty and shall be binding upon Tenant and all persons having any right, title or interest in the Leased Property, or any patt thereof, their heirs, and successive owners and assigns, shall inure to the benefit of City and its successors and assigns, and may be enforced by City and its successors and assigns. The covenants established in this Agreement shall, without regard to technical classification and designation, be binding for the benefit and in favor of City and its successors and assigns, and the parties hereto expressly agree that this Agreement and the covenants herein shall run in favor of City, without regard to whether City is or remains an owner of any land or interest therein to which such covenants relate. However, all such covenants and restrictions shall be deemed to run in favor of all real property owned by City which real property shall be deemed the benefited propetty of such covenants and this Agreement shall create equitable servitudes and covenants appurtenant to all real property owned by City and running with the Leased Property in accordance with the provisions of Civil Code Section 1468. City is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, for and in its own right and for the purposes of protecting the interests of the -2-
KH I 112350.3
EXHIBIT 1
City Council 16 – 4 1/16/2024
community and other patties, public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided. Developer and Tenant hereby declare their understanding and intent that the burden of the covenants set forth herein touch and concern the land and that the Tenant's interest, and Developer's interest, if any, in the Leased Property is rendered less valuable thereby. Tenant and Developer hereby further declare their understanding and intent that the benefit of such covenants touch and concern the land by enhancing and increasing the enjoyment and use of the Leased Property by the citizens of City and by furthering the health, safety, and welfare of the residents of City.
3. The Parties agree that the legal description set forth in Exhibit A of the DBA shall be deemed a reference to the leasehold interest in the Property and the Ground Lease establishing the Leased Propetty, and all rights and interests granted therein.
4. Tenant hereby affirms that it agrees and assumes all obligations of Developer as set forth in the OBA, and that Tenant is bound by the DBA, as amended herein, for all obligations of the Developer as set fotth in the DBA.
5. Tenant and Developer each agree, for themselves and their respective successors and assigns that the entitlements and concessions set forth in the DBA are conditioned on the Ground Lease continuing in effect for a period of at least fifty five (55) years f rom the initial date
of occupancy, as required by California Government Code § 65915 ("Statutory Affordability Period"). In the event the Ground Lease is terminated prior to the Statutory Affordability Period, or the Prope1ty is not operated in accordance with the affordability requirements for the duration of the Statutory Affordability Period, then the Project shall be in violation of the conditions of entitlement granted by the City, and the City shall have all rights and remedies available under law or equity.
6. Developer and Tenant agree to defend (with counsel of City's choosing), indemnify and hold harmless the City and its respective officers, officials, agents, employees, representatives, and volunteers ( collectively, "Indemnitees") f rom and against any loss, liability,
claims, or judgment arising f
rom any act or omission of Developer or Tenant in connection with its obligations under the OBA or this Amendment, except to the extent caused by the active negligence or willful misconduct of lndemnitees.
7. Except as amended herein, the DBA shall otherwise remain in full force and effect. The Patties hereby agree that this Amendment shall not constitute a no vat ion of the DBA, and that this Amendment shall not affect the priority of the DBA as an encumbrance against the Leased Propetty as compared to liens or other encumbrances on the Property or Leased Property subsequent to the DBA.
8. This Amendment may be executed in one or more counterparts and as so executed shall constitute a single instrument.
[Signatures on fo I lowing page]
-3-
KH I I 12350.3
EXHIBIT 1
City Council 16 – 5 1/16/2024
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their lawfully authorized officers.
ATTEST:
Jennifer Hall
City Clerk
Dated:
APPROVED AS TO FORM:
SONIA R. CARVALHO, City Attorney
-{)) . ./.(:;,/( t..J.,,
By: r
CITY OF SANT A ANA
Tom Hatch
Interim City Manager
Dated: ________ _
Matthew R. Cody, Esq. Best, Best & Krieger
Dated: January 8, 2024
RECOMMENDED FOR APPROVAL:
Michael Garcia
Executive Director
Community Development Agency
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfi.1lness, accuracy, or validity of that document.
State of California )
)
On______ , 2024, before me ____________ , Notary Public, personally appeared _______ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I ce1tify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ____________ _
(Seal)
-4-
KH I I 12350.3
EXHIBIT 1
City Council 16 – 6 1/16/2024
DEVELOPER:
NATIONAL COMMUNITY RENAISSANCE OF
::.LIFORNUW J!
Name: Michael Finn
Title: Chief Financial Officer
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
)
)
On J11111-tPqi f I 7PJ1;'4024, before me 'Yt//1/ifM(, �',,.__,, , Notary Public, personally appeared Michael Finn proved to 111 �11 the basis of satisfactory evidence to be the personG,B-rwhose name_µ-) is/� subscribed to the within instrument and acknowledged to me that he/�y executed the same in his/�r/t_pe-ir authorized capacity�, and that by his/ber1t;pe-ir signaturefe')on the instrument the person�-Y,or the entity upon behalf of which the person.(.&Y" acted, executed the instrument.
I certify under PENAL TY OF PER.IUR Y under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
-5-
KH 1112350.3
EXHIBIT 1
City Council 16 – 7 1/16/2024
TENANT:
LEGACY SQUARE, L.P.,
a California limited partnership
By: NCRC Legacy MGP, LLC,
a California limited liability company,
its managing general partner
By: National Community Renaissance of California,
a California nonprofit public benefit corporation
its manager
By: WJ�
Name: Michael Finn
Title: Chief Financial Officer
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
s��tt� j :illAUA/IA"f 1, 2024, before me ¼ /UU, '.,L , Notary Public, personally appeared Michael Finn proved to me on the basis of atisfactory evidence to be the person� whose nameWis/¢'subscribed to the within instrument and acknowledged to me that he/s}re?t;ptj executed the same in his/]Jer/t�authorized capacity.ves), and that by his/peritj)e-ir signatureM on the instrument the personvr,or the entity upon behalf of which the person(,s.r acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signatur� t ?u'p.__
KH 1112350.3
(Seal)
-6-
EXHIBIT 1
City Council 16 – 8 1/16/2024
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:
PARCEL I OF LOT MERGER NO. 2020-07, RECORDED DECEMBER 18, 2020 AS INSTRUMENT NO. 2020- 0750977 OF OFFICIAL RECORDS, FURTHER DESCRIBED AS FOLLOWS:
THOSE PORTIONS OF LOTS 4, 5, AND IO AND ALL OF LOTS 8 AND 9 AND 11 THROUGH 19,
INCLUSIVE, OF THE THOMAS ADDITION TO SANTA ANA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 19, PAGE 17 OF
MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS A WHOLE AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 15;
THENCE ALONG THE WESTERLY LINES OF SAID LOTS 15, 14, 11 AND 10, NORTH 00°03'22" WEST 239.51 FEET TO THE NORTH LINE OF THE SOUTH 14.00 FEET OF SAID LOT 10; THENCE ALONG SAID NORTH LINE, NORTH 89°
51 '04" EAST 125.27 FEET TO TI-IE WESTERLY LINE OF
SAID LOT 9;
THENCE ALONG THE WESTERLY LINES OF SAID LOT 9, 8 AND 5, NORTH 00° 01 '57'' WEST 103.00 FEET
TO THE SOUTHEASTERLY LINE OF CIVIC CENTER DRIVE PER DOCUMENT RECORDED FEBRUARY 25, 1974 IN BOOK 1108 PAGE 466 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER;
THENCE ALONG SAID SOUTHEASTERLY LINE AND ITS NORTHEASTERLY PROLONGATION, NORTH 63°30'35" EAST 99.51 FEET TO A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 25.00
FEET, THE SOUTHERLY TERMINUS OF SAID CURVE BEING TANGENT TO THE EASTERLY LINE OF SAID LOT 5;
THENCE NORTHEASTERLY, EASTERLY, AND SOUTHERLY ALONG SAID CURVE 50.81 FEET THROUGH A CENTRAL ANGLE OF I 16°
26'25" TO SAID POINT OF TANGENCY;
THENCE ALONG THE EASTERLY LINES OF SAID LOTS 5, 8, 9, 12, 13, AND 19 SOUTH 00° 03'00" WEST
359.21 FEET TO THE SOUTHEAST CORNER OF SAID LOT 19;
THENCE ALONG THE SOUTHERLY LINES OF LOTS 15 TI-rn.OUGH 19, INCLUSIVE, SOUTH 89° 37'l6"
WEST 250.51 FEET TO THE POINT OF BEGINNING.
APN: 398-236-05 AND 398-236-07
-7-
KH 1112350.3
EXHIBIT 1
City Council 16 – 9 1/16/2024
Community Development Agency
santa-ana.org/community-development
Item # 17
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
January 16, 2024
TOPIC: First Amendment to FY 2023-24 MOU with the Santa Ana Police Department HEART Program and ESG Subrecipient Agreement with Interval House
AGENDA TITLE
Approve a First Amendment to the Fiscal Year 2023-24 Emergency Solutions Grant (ESG) Memorandum of Understanding with the Santa Ana Police Department HEART Program for additional street outreach and ESG Subrecipient Agreement with Interval House to provide emergency shelter and supportive services to victims of domestic violence from the City of Santa Ana.
RECOMMENDED ACTION
1. Authorize the City Manager to execute a First Amendment to the Santa Ana Police Department Homeless Evaluation Assessment Response Team (HEART) Program Memorandum of Understanding (MOU) to increase the amount of the agreement by $32,394.61 for program year July 1, 2023 - June 30, 2024 for additional street outreach activities (Agreement No. A-2024-XXX).
2. Authorize the City Manager to execute a First Amendment to the Interval House Subrecipient Agreement to increase the amount of the agreement by $32,393.00 for program year July 1, 2023 - June 30, 2024 to provide emergency shelter and supportive services to victims of domestic violence from the City of Santa Ana (Agreement No. A-2024-XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
On May 2, 2023, the City Council authorized the City Manager to execute an MOU with the Santa Ana Police Department and agreements with non-profit organizations as part of the program year 2023-24 ESG Program allocation to provide housing assistance, emergency shelter and street outreach to Santa Ana residents experiencing homelessness (Exhibit 1).
At the close of Fiscal Year (FY) 2022-23, unspent funds from ESG Program recipients totaling $64,787.61 were recaptured for redistribution. Staff recommends reallocating FY 2022-23 unspent funds to the Santa Ana Police Department (SAPD) HEART Program and Interval House to expand services for people experiencing homelessness.
Specifically, the $32,394.61 for the SAPD HEART Program will provide additional street City Council 17 – 1 1/16/2024
First Amendment to FY 2022-23 MOU with the SAPD HEART Program and ESG Subrecipient Agreement with Interval House
January 16, 2024
outreach services to individuals experiencing homelessness to provide them with necessary resources (Exhibit 2). The additional services include, but are not limited to, lodging at the Link, Yale Navigation Center, or other available homeless shelters and housing programs, as well as transportation and mental health services utilizing the County PERT team members. The $32,393 for Interval House will provide additional emergency shelter and supportive services to victims of domestic violence from the City of Santa Ana (Exhibit 3).
FISCAL IMPACT
The Emergency Solutions Grant funds have been carried forward from FY 2022-23 to FY 2023-24 in the amount of $64,787.61 in account no. (13518785-69135 Payment to Subagent) and are available for expenditures in the current fiscal year.
EXHIBIT(S)
1. Staff Report from May 2, 2023
2. Amendment to Memorandum of Understanding with SAPD Heart Program
3. Amendment to Subrecipient Agreement with Interval House Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Tom Hatch, Interim City Manager
City Council 17 – 2 1/16/2024
EXHIBIT 2
City Council 17 – 3 1/16/2024
EXHIBIT 2
City Council 17 – 4 1/16/2024
FIRST AMENDMENT TO EMERGENCY SOLUTIONS GRANT
SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
INTERVAL HOUSE
(24 CFR Parts 91 and 576)
THIS FIRST AMENDMENT TO THE EMERGENCY SOLUTIONS GRANT SUBRECIPIENT AGREEMENT is entered into this __ day of January, 2024, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ("CITY"), and Interval House, a California nonprofit organization ("SUB RECIPIENT").
RECITALS
A. On July 1, 2023, the City entered into an Emergency Solutions Grant Subrecipient Agreement with Interval House, A-2023-083-02, to provide Emergency Funds from the United States Department of Housing and Urban Development (HUD) to be used in the operation of emergency solutions programs to assist individuals and families that are homeless or at risk of homelessness in obtaining appropriate supportive services in the City of Santa Ana ("said Agreement").
B. In accordance with the terms and conditions of said Agreement, the parties desire to amend to increase funds by $32,393 to the Subrecipient, which need to be spent by June 30, 2024.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of said Agreement, except as herein modified, the pai1ies agree as follows:
1. Section III, shall be amended to increase funding to Subrecipient by $32,393. The new total sum shall be increased from a sum not to exceed $80,000 to an amount not to exceed $112,393 in &rrant funding.
2. Except as hereinabove modified, the terms and conditions of said Agreement remam unchanged and in full force and effect.
[signatures on following page]
EXHIBIT 3
City Council 17 – 5 1/16/2024
IN WITNESS WHEREOF, the pai.1ies hereto have executed this First Amendment to said Agreement the date and year first above written.
ATTEST:
JENNIFER L. HALL
City Clerk
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
�M�
By: ANDREA
{2f)a._"-�
GARCIA-MILLER
-1LJL,
Assistant City Attorney
RECOMMENDED FOR
APPROVAL:
Michael L. Garcia
Executive Director
Community Development Agency
CITY OF SANTA ANA:
THOMAS HATCH
Interim City Manager
SUBRECIPIENT:
Carol Williams
Tax ID# 95-33891.1 3
Unique ID#: HYGCLPGSCSM8
EXHIBIT 3
City Council 17 – 6 1/16/2024
Human Resources Department
www.santa-ana.org/human-resources
Item # 18
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
January 16, 2024
TOPIC: Pre-Employment Medical Services
TITLE
Approve an Agreement with Occupational Health Centers of California, a Medical Corporation dba Concentra Medical Centers (“Concentra”) for Pre-Employment Medical Services
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Concentra to provide a comprehensive medical services review program in an amount not to exceed $450,000 for a three-year term from January 31, 2024 through January 30, 2027, with the option for the City to grant up to two 1-year renewals of $150,000 each additional year, in an amount not to exceed $750,000 over a five-year term. (Agreement No. A-2024-XXX) GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
As an employer, the City maintains a comprehensive medical services review program and utilizes a qualified vendor to provide pre-employment medical screening services. A Request for Proposals (RFP) for these services was posted on July 12, 2023. The purpose of the RFP was to identify qualified occupational health providers to effectively coordinate, schedule, and evaluate the results of a variety of medical services such as:
• Pre-employment medical examinations and screenings;
• Department of Motor Vehicles (“DMV”) Commercial Classification Driver’s License physical examinations;
• Department of Transportation (“DOT”)-related drug and alcohol examinations and screenings; and
• California Occupational Safety and Health Act (“OSHA”) occupational testing such as periodic evaluation of respiratory, audio, and chest functions, as well as Hepatitis vaccination and boosters, as needed.
Three proposals were received and evaluated by a staff panel based on the vendors’ qualifications and experience, demonstrated knowledge of a variety of medical services, ability to fulfill scope of work, availability and convenience of services, cost City Council 18 – 1 1/16/2024
Pre-Employment Medical Services
January 16, 2024
competitiveness, and responsiveness to the proposal. The panel members determined that Concentra scored the highest during the review process.
Staff recommends the approval of the agreement with Concentra to allow the City's Human Resources Department to provide a comprehensive medical services review program that will streamline and expedite the various medical processes required of the City’s employees.
FISCAL IMPACT
The estimated expenditures below are strictly approximations; 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. Funding for the remainder of the current fiscal year is included in the FY 2023-24 budget. Funds for the duration of the contract period, an aggregate amount not to exceed $750,000, will be included in future fiscal years proposed budget for various departmental Contractual Services Professional accounts (no. 62300) for City Council consideration.
Fiscal Year: Three Year Agreement Estimated Total Amount FY 2023-2024 (January 31 – June 30) $75,000
FY 2024-2025 (12 months) $150,000
FY 2025-2026 (12 months) $150,000
FY 2026-2027 (6 months) $75,000
Two-Year Renewal Option Estimated Total Amount
FY 2026-2027 (6 months) $75,000
FY 2027-2028 (12 months) $150,000
FY 2028-2029 (July – January) $75,000
EXHIBIT(S)
1. RFP for Pre-Employment Medical Services
2. Agreement for Pre-Employment Medical Services
Submitted By: Jason Motsick, Executive Director of Human Resources Approved By: Tom Hatch, Interim City Manager
City Council 18 – 2 1/16/2024
REQUEST FOR PROPOSALS NO. 23-115
FOR
PRE-EMPLOYMENT MEDICAL SCREENING SERVICES
CITY OF SANTA ANA
KEY RFP DATES: The schedule below is tentative and subject to change at the discretion of City, with appropriate notice to prospective Proposers.
Issue Date: Wednesday, July 12, 2023
Deadline for Questions: Wednesday, July 26, 2023, 4:00 P.M.
Proposal Due Date: Wednedsay, August 30, 2023, 4:00 P.M.
Presentation/Interview: Monday, September 4 - Monday, September 11, 2023 Projected Award Date: Wednesday, January 31st, 2024
City Council 18 – 3 1/16/2024
CITY OF SANTA ANA
TABLE OF CONTENTS
I. BACKGROUND ........................................................................................................................... 3 II. OVERVIEW OF PROJECT .......................................................................................................... 3 III. SCOPE OF SERVICES ............................................................................................................... 4 IV. TERM OF AGREEMENT ............................................................................................................. 4 V. MINIMUM QUALIFICATIONS ...................................................................................................... 4 VI. RESPONSE TO RFP .................................................................................................................. 4 VII. CERTIFICATIONS (ATTACHMENTS) ......................................................................................... 9 VIII. REFERENCES ............................................................................................................................ 9 IX. MINIMUM SCOPE AND LIMIT OF INSURANCE ....................................................................... 10 X. SELECTION PROCEDURES & CRITERIA ............................................................................... 12 XI. WITHDRAWALS........................................................................................................................ 13 XII. GENERAL TERMS AND CONDITIONS .................................................................................... 13 XIII. AWARD OF AGREEMENT ........................................................................................................ 18 XIV. IMPLEMENTATION ................................................................................................................... 18
EXHIBITS
Exhibits provided herein for Proposers’ reference only.
EXHIBIT I – SCOPE OF SERVICES
EXHIBIT II – SAMPLE AGREEMENT
ATTACHMENTS
A PROPOSER’S CERTIFICATION, PROPOSAL ITEM PRICING
B REFERENCES
C PROPOSER’S STATEMENT
D NON-COLLUSION AFFIDAVIT
E NON-LOBBYING CERTIFICATION
F NON-DISCRIMINATION CERTIFICATION
City Council 18 – 4 1/16/2024
CITY OF SANTA ANA
I. BACKGROUND
Incorporated in 1886, Santa Ana, a Charter City, established a Council-Manager form of government in 1952. The City Council is composed of seven members; the Mayor elected at large and six Council members elected by ward, who appoint the City Manager, City Attorney and Clerk of the Council. The City of Santa Ana (City) is a full-service City with a diverse population of approximately 335,000.
The City’s eleven agencies provide all the traditional municipal services, as well as water utility, library system, 20-acre zoo, City Jail, Police Department, and contracts with the Orange County Fire Authority for provision of fire services. The City employs 1,178 authorized full-time positions and has an annual citywide budget is $646 million, including the General Fund budget of $316 million.
The City of Santa Ana is located 10 miles inland from the Pacific Ocean, 33 miles southeast of Los Angeles and 90 miles north of San Diego. The City, which is the county seat of Orange County, encompasses an area of approximately 27 square miles and is the 11th largest by population in California.
Detailed job classifications are available online at:
https://www.governmentjobs.com/careers/santaana/classspecs II. OVERVIEW OF PROJECT
The City of Santa Ana (City) is seeking proposals from qualified firms and organizations (Proposers) to provide pre-employment medical screening services for its Medical Services Review program. The City desires to implement a fully comprehensive review program, compliant with all applicable local, state and federal laws, as an essential part of the City’s objective to provide and maintain a qualified work force.
The City is soliciting proposals from qualified medical services review providers (“Proposers” or “Consultants”) having special skill, knowledge and expertise in the field of impartial medical evaluations to:
effectively coordinate, schedule and evaluate the results of a variety of medical examinations including:
pre-employment medical examinations and screenings;
post-exposure medical examinations and screenings;
fitness for duty examinations;
Department of Motor Vehicles (DMV) Commercial Classification Driver’s License physical examinations;
certain Department of Transportation (DOT)-related drug and alcohol examinations and screenings; and
23-115
City Council
Pre-Employment Medical Screening
18 – 5
Services
1/16/2024
CITY OF SANTA ANA
California OSHA (Occupational Safety and Health Act) occupational testing such as periodic evaluation of respiratory, audio, and chest functions, as well as Hepatitis vaccinations and boosters, as needed.
objectively discern if potential applicants or current employees are able to perform the essential functions of the jobs for which they are being considered; and objectively discern if current employees are medically fit to return to their regular essential functions following events such as serious injuries, exposure, or long-term illnesses.
Consultant will ensure clinics and laboratories used are qualified to perform DOT and nonDOT urine collection and breathalyzer testing, laboratory analysis and Medical Review Officer (MRO) responsibilities.
The term “Vendor”, “Proposer”, and “Contractor” shall refer to any legal entity or entities submitting a proposal in response to this Request for Proposals (RFP).
III. SCOPE OF SERVICES
SEE EXHIBIT I – SCOPE OF SERVICES
Usage is not guaranteed. Execution of an agreement between the City and successful firm(s) and/or individual(s) does not guarantee work throughout the duration of the contract period.
Numerous factors will be evaluated by the City in its delivery of project and assignments, including technical expertise required.
IV. TERM OF AGREEMENT
The anticipated term of the agreement is for an initial period of three (3) years. The City may, at its discretion, extend the agreement with the same or more limited scope of required services for two (2) additional one (1) year periods, upon mutual agreement contingent upon City Council approval, or City Manager or City Attorney authorization, as appropriate. The total term of the awarded agreement shall not exceed five (5) years.
V. MINIMUM QUALIFICATIONS
A) Minimum ten (10) years’ experience, under a legally registered business name, in providing similar services in type and scope to those specified herein. Proposer must not have filed for bankruptcy under any business name over the past seven (7) years.
B) The Medical facility and key personnel shall hold appropriate licenses for the Medical facility’s discipline and the Services on the date the Proposal is submitted.
VI. RESPONSE TO RFP
I. SUBMITTAL INSTRUCTIONS
It is the responsibility of the Proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to the RFP due date and time. Proposals, including all required 23-115
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sections and forms, shall be submitted electronically via the City’s Bid Management System, PlanetBids. No other form of submittal will be accepted.
PlanetBids will not accept late proposals and no exceptions shall be made. Proposers will receive an e-bid confirmation number with a time stamp from PlanetBids indicating that their proposal was submitted successfully. The City will only receive and consider those proposals that were transmitted successfully. Submit proposal online at:
http://www.planetbids.com/portal/portal.cfm?CompanyID=20137.
Proposer shall be solely responsible for informing itself with respect to the proper utilization of the bid management system, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service. Failure of the Proposer to successfully submit an electronic proposal shall be at the Proposer’s sole risk and no relief will be given for late and/or improperly submitted proposals. Proposers experiencing any technical difficulties with the bid submission process may contact PlanetBids at (818) 992- 1771. Questions of an operational nature may be directed to the City’s assigned Buyer.
Neither the City, nor PlanetBids, makes any guarantee as to the timely availability of assistance, or assurance that any given problem will be resolved by the bid submission deadline.
Proposals shall NOT be sent via telegraphic, electronic, or facsimile means.
All notifications, updates and addenda will be posted online on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal.
II. COMMUNICATION / CONTACT WITH CITY STAFF
Unless otherwise authorized herein, Proposers who are considering submitting a proposal in response to this RFP, or who submit a proposal in response to this RFP, are only to communicate with the assigned Project Coordinator(s), and no other City staff about this RFP from the date this RFP is issued until a contract is awarded. The City will provide all official communication concerning this RFP in writing via the City’s Bid Management System, PlanetBids.
The City will not be responsible for or bound by any oral communication or any other information or contact that occurs outside the official communication process specified herein, unless confirmed in writing by the designated Project Manager(s).
III. REQUEST FOR INFORMATION OR CLARIFICATION / QUESTIONS Questions regarding this RFP shall be submitted via PlanetBids. Responses to all questions will be posted on PlanetBids no later than the date and time shown at the schedule of key RFP dates on the cover page of this RFP. All prospective Proposers are advised to visit PlanetBids on a regular basis as responses may be posted earlier than the date above (if applicable). No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP.
Significant interpretations or clarifications and responses to questions received by the deadline will be addressed via addenda to this RFP, which will be released and posted on PlanetBids under the “Addenda/Emails” tab.
General process questions may be directed to the following:
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Megan Ornelas
Buyer
Email: [email protected]
IV. EXCEPTIONS
Requests submitted for City’s consideration of proposed terms and conditions, including modifications to the City’s RFP and/or Contract terms and conditions must be submitted by the deadline for questions. Such requests should include an attachment in Word or PDF format on formal company letterhead that shows the requested modifications. City may reject or strike any requests for exceptions or additional terms and conditions related to Agreement, RFP, and insurance and indemnification terms and conditions.
V. ADDENDA
Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on City’s PlanetBids system, https://www.planetbids.com/portal/portal.cfm?CompanyID=20137.
Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation.
VI. UNDERSTANDING PROPOSAL
It is the responsibility of each Proposer to inquire about any criteria, condition, term, provision, or requirement of the RFP that the Proposer does not understand. Responses to inquiries, if they significantly change or clarify the RFP requirements or any aspect of the procurement process, will be forwarded by addenda to all Proposers. The City will not be bound by any oral responses to inquiries. By submitting proposals, Proposers assert that they have fully read the RFP and any addenda issued by the City, the proposed Contract and any other Contract Documents, and affirm that the terms and conditions stated therein are fully understood and are acceptable to the Proposer. Each Proposer accepts the terms and conditions of the Contract Documents and indicates their ability and willingness to perform the requested services under such terms and conditions. Any exceptions to the terms and conditions set forth in the Contract Document shall be submitted to the City by the deadline to submit requests for information or clarification/questions set forth herein.
VII. PROPOSAL CONTENTS
Proposals are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Colored displays, promotional materials, photographs etc., are not necessary or desired. Emphasis should be concentrated on conformance to RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content. Digital dividers and clear organization of content and material are encouraged.
1. Statement of Qualifications (SOQ)
SOQ must include a Table of Contents and be limited to a maximum of 20 pages (excluding section dividers and exhibits). The page limitation includes all appendices, attachments, and supplemental information. Additionally, SOQ must include the following:
a. Cover Letter
Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. Include type of business entity.
Cover Letter shall not exceed one page.
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Cover letter must be addressed to the following City Project Manager:
Lori Schnaider, Operations Manager
City of Santa Ana – Human Resources
20 Civic Center Plaza
Santa Ana, CA 92701
b. Services Provided
A description of proposed services to be provided and how they meet the needs of the City as described in Section III – Scope of Services (Above). c. Agreement Statement
Proposal shall include a statement outlining your concurrence or concerns with any and all provisions as contained in EXHIBIT II – Sample Agreement of this RFP (if any).
d. Firm and Team Experience
Proposal shall include a profile of the firm’s experience including the following:
i. A general description of the firm, including size and number of employees working directly with the City on this agreement.
ii. Firm’s nearest address serving the City of Santa Ana and headquarters address.
iii. Name and contact information of the supervising Project Manager/Principal Agent, to be assigned to the agreement. The Project Manager/Principal Agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited to an interview. iv. Resumes for all key staff proposed describing relevant experience, including Staff Physicians and Support Personnel.
e. Proposed Work Plan
Proposal shall include a statement demonstrating the firm’s understanding of the Scope of Services.
Additionally, proposed work plan shall include Proposers’:
i. Anticipated approach to performing services as specified herein; ii. Suggestions or special concerns the evaluation committee should take into consideration (if any);
iii. Description of deliverables and implementation plan. Proposer shall submit a general description of the deliverables, implementation plan, and timeline. f. Facilities: Describe the medical facility(ies) in terms of proximity and access to the City of Santa Ana. Square footage, number of treatment rooms, and privacy should be addressed within this description.
g. Scheduling: Indicate current hours of operations, appointment and walk-in availability, and average patient waiting times. Procedures for after-hours and urgent medical care must be addressed.
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h. Equipment and Services: Describe in detail the types of testing equipment and services the facility provides onsite and offsite, including x-ray, spirometry, audiometry, vision testing, EKG, immunizations and laboratory. Include the scope of services available, the Technician’s training and qualifications, and the methods employed to assure proper supervision and quality control. Also specify which tests, if any would need to be conducted off-site and how off-site services are coordinated, including additional waiting periods.
i. Communication and Feedback: Describe the methods you use to ensure the City shall receive timely verbal and written communication regarding examination results.
Indicate the average turnaround time for pre-employment medical examination results. j. Privacy Interests: Describe provider/facility compliance with HIPPAA as applicable.
Describe procedures in cases of subpoenaed medical records. k. Disabled Candidates: Describe provider/facility knowledge of pre-employment fitness laws and requirements as they pertain to the hiring/accommodation of disabled candidates.
l. Examples of pre-employment placement medical evaluation and results report and similar reports currently utilized for Proposer’s government customers. m. References: Attachment B – References shall be submitted for similar projects performed for state and/or similar government clients.
2. Cost Proposal
All Proposers are required to submit a fixed rate fee with their Cost Proposal. Pricing instructions should be clearly defined to ensure fees proposed can be compared and evaluated. Cost Proposal must include a payment schedule if applicable. City reserves the right to negotiate compensation and/or payment schedule prior to award of any resulting agreement. The following information must be included in each proposal:
Specify the cost for each type of test/examination/medical treatment components below.
1. Audiogram
2. Back X-ray
3. Blood Lead Level ZZP
4. Blood screens – 7 panel drug screen
5. Blood chemistry profile (SMA 24 or equivalent)
6. Complete blood count (CBC w/diff)
7. Chest X-ray
8. DMV Physicals
9. Electrocardiogram
10. Hepatitis “A” blood screen
11. Hepatitis “B” blood screen
12. Hepatitis “B” booster
13. Hepatitis “B” titer
14. Hepatitis “B” Vaccine
15. Hepatitis “A” Vaccine
16. Hepatitis “C” blood screen
17. HIV blood screen
18. Pulmonary function test
19. Respirator Fit test
20. Respirator Physical
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21. Respirator Questionnaire if PX is not required with clearance
22. TB test
23. Urinalysis:
Urinalysis with microscopy (UA w/micro)
Urinalysis with dipstick (Dipstick UA)
24. Court Proceedings: Specify the proposed fee for testifying in court depositions or other court proceedings. Indicate whether the fee is hourly, per-candidate, or part of an annual retainer.
The City shall not provide reimbursement for travel-related expenses, mileage, parking, lodging, meals, incidental fees, insurance, freight/shipping and handling/delivery, and any other business expenses, supplies and materials related to providing services as specified herein. Additional costs will not be considered and will not be reimbursed by the City, therefore, such costs must be absorbed in Proposer’s cost proposal fee structure.
Any language related to travel reimbursement shall be stricken from the document by the City and if not stricken, shall be deemed invalid.
If providing hourly rate sheets, Proposer shall not include rate ranges or averages.
Proposals shall be valid for a minimum of one hundred eighty (180) days following Proposal deadline. The cost for developing the Proposal is the sole responsibility of the Proposer. All Proposals submitted become property of the City.
VII. CERTIFICATIONS (ATTACHMENTS)
In addition to the SOQ, Narrative/Technical Proposal, and Cost Proposal, the following forms, included in this RFP, shall be signed and included as part of the proposal submittal package:
Attachment A: Proposer’s Certification and Proposal Item Pricing Attachment B: References
Attachment C: Proposer’s Statement
Attachment D: Non-Collusion Affidavit
Attachment E: Non-Lobbying Certification
Attachment F: Non-Discrimination Certification
The proposal must be completely responsive to the RFP. Incomplete proposals will be deemed as nonresponsive and will be rejected. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any commitment will be awarded pursuant to this RFP or otherwise.
PLEASE NOTE: City will not waive notarization requirement when applicable on any of the required attachments.
VIII. REFERENCES
Contractor shall provide three (3) references from other similar public agencies for which services similar to those specified in this RFP have been performed, including contact names and telephone numbers. Use ATTACHMENT B – References. The respondent grants permission for the City to contact any individuals listed as references.
City may disqualify a Proposer if:
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References fail to substantiate Proposer’s description of services and deliverables provided; or
References fail to support that Proposer has a continuing pattern of providing capable, productive, and skilled personnel, or
City is unable to reach the point of contact with reasonable effort. It is the Proposer’s responsibility to inform the point of contact(s) of normal City working hours.
IX. MINIMUM SCOPE AND LIMIT OF INSURANCE
The selected Proposer shall provide the required evidence of insurance coverage as set forth in the standard agreement within ten (10) business days after receipt of Notice of Intent to Award.
Contractor must maintain, for the duration of its contract, insurance coverages as required by the City.
Additionally, Contractor shall provide the following insurance coverage:
Coverage shall be at least as broad as:
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 injury with limits no less than $2,000,000 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.
Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $4,000,000 aggregate.
If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The Entity, 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 Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an 23-115
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endorsement to the Contractor’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 Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’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 Entity.
Waiver of Subrogation
Contractor hereby grants to Entity a waiver of any right to subrogation which any insurer of said Contractor may acquire against the Entity by virtue of the payment of any loss under such insurance. Contractor 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 Entity has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Entity. The Entity may require the Contractor 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 Entity.
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 Entity.
Claims Made Policies (note – should be applicable only to professional liability, see below) If any of the required policies provide claims-made coverage:
1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
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 Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Verification of Coverage
Contractor shall furnish the Entity 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 Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. 23-115
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The Entity 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 subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors.
Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
X. SELECTION PROCEDURES & CRITERIA
A. The City will establish a proposal review committee. The review committee will evaluate proposals based on the response to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth below.
B. Proposers will be ranked by the review committee based on the following criteria:
C. A final score will be calculated for each submitted proposal and used to rank Proposers.
Based upon the foregoing criteria, all proposals shall be ranked by score. Only those proposals receiving a score above 70 will be considered for award. The City reserves the right to award the contract to any proposer(s) with a score above 70. The review committee will evaluate proposers based on their response to the RFP and the City evaluation criteria set forth above.
D. The City is under no obligation to accept any proposal and reserves the right to negotiate with respondents as to fees and terms. The City may reject proposals at its sole discretion.
CATEGORY POINTS
Responsiveness to RFP
1. Proposal’s compliance with the requirements of this RFP.
2. Scope of Services offered including ability to provide optional services.
3. The value to any new and/or innovative product or service suggestions or other new ideas and enhancements. 15
Experience of Firm and Personnel
The experience, resources, and qualifications of the firm and individuals assigned to this account, including manager, supervisor and assigned staff. 40 Cost of Proposal 20
Staff Availability 15
References
References that are similar in size and project scope to the City. 10 TOTAL POSSIBLE SCORE 100
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If proposal fails to satisfy any requirements outlined in this RFP, it may be considered nonresponsive and may be rejected.
The City shall not be obligated to accept the lowest priced proposals, but will make awards in the best interests of the City after all factors have been evaluated.
The review committee will recommend the qualified Proposers to the City Council or City Manager for award of contract, as appropriate.
E. The review committee may invite the proposers to interview. The City reserves the right to seek additional information from any or all Proposers invited to present proposals. A final score will be calculated for each submitted proposal and used to rank Proposers. City reserves the right to begin negotiations and enter into a contract without holding interviews, or further discussions.
XI. WITHDRAWALS
Proposers are responsible for verifying all prices and information before submitting a proposal.
Prior to the proposal due date, the Proposer or Proposer’s representative may withdraw the proposal by providing written notice of the proposal withdrawal to the City Contact/Project Manager. Verbal or telephonic withdrawals are not permissible.
XII. GENERAL TERMS AND CONDITIONS
A. AMERICANS WITH DISABILITIES ACT
The awarded Contractor hereby certifies that it will comply, as applicable, with the Americans with Disabilities Act of 1990 (“ADA”), 42 USC §§ 12101 et seq., and its implementing regulations, including Subtitle A, Title II of the ADA. Contractor will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any contract entered into by the awarded Contractor (or any subcontract thereof), relating to this RFP, shall be subject to the provisions of this paragraph.
B. CITY BUSINESS LICENSE
The selected proposer shall be required to obtain a City of Santa Ana Business license within thirty (30) days of selection and must provide a copy to the City projects manager or designee prior to commencing any work in Santa Ana.
C. CITY RIGHT TO REJECT
The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any agreement will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal.
D. CONFLICT OF INTEREST
Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the City. This obligation shall apply to the Contractor; the Contractor’s employees, agents, and Subcontractors associated with accomplishing work and services hereunder. The Contractor’s efforts shall include, but not be limited to, establishing precautions to prevent its employees, agents, and Subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which 23-115
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could be deemed to influence or appear to influence City staff or elected officers from acting in the best interests of the City.
Each Proposer must disclose any existing or potential conflict of interest relative to the performance of the contractual services resulting from this RFP. Any such relationship that might be perceived or represented as a conflict should be disclosed. The City reserves the right to disqualify any Proposer on the grounds of actual or apparent conflict of interest.
No person, firm, or subsidiary thereof who has been awarded this Contract may be awarded a Contract for the provision of services, the delivery of supplies, or the provision of any other related action which is required, suggested, or otherwise deemed appropriate as an end product of this Contract. Therefore, Contractor is precluded from contracting for any work recommended as a result of this Contract.
E. CONTRACTOR’S EXPENSE
Pre-Contractual Expenses: The City is not liable for any costs incurred by Proposers prior to entering into a formal contract. Costs of developing a response to this RFP, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City. Precontractual expenses are not to be included in the cost proposal. Pre-contractual expenses include, but are not limited to, preparation of the proposal, submission of the proposal and additional information, attendance at pre-proposal conference, negotiating any matter related to this RFP with City, and/or any other expenses incurred by the Proposer prior to the date of award and execution, if any, of the contract.
Other Expenses: The Contractor will be responsible for all costs related to photo copying, telephone communications, fax communications, and parking while on City sites during the performance of work and services under this Contract.
F. CONTRACTOR’S PROJECT MANAGER/KEY PERSONNEL
Except as formally approved by the City, the key personnel identified in Contractor’s proposal shall be the individuals who will actually complete the work. Changes in staffing must be reported in writing and approved by the City. The City shall have the right to require the removal and replacement of the Contractor’s Project Manager and key personnel under the awarded contract. The City shall notify the Contractor in writing of such action. The City is not required to provide any reason, rationale, or additional factual information if it elects to request any specific key personnel be removed from performing services under the awarded contract. The City shall review and approve the appointment of the replacement for the Contractor’s personnel. Said approval shall not be unreasonably withheld.
Standards of Conduct: Contractor’s personnel shall be courteous and maintain good working relationships with all stakeholders, state or outside agencies, other team members and staff within the City.
G. COST PROPOSAL
The awarded Contractor agrees to provide the purchased services at the costs, rates, and fees as set forth in their Fee Schedule in response to this RFP. No other costs, rates or fees shall be payable to the awarded Subcontractor for implementation of their proposal.
H. DATA RETENTION
Contractor shall be responsible for retaining data, records, and documentation for the preparation of required items. These materials shall be made available to and as requested by City.
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All materials, documents, data or information obtained from the City Data files or any City medium furnished to Contractor in the performance of an awarded contract will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Contractor after completion or termination of this Contract without the express written consent of the City. All materials, documents, data or information, including copies, must be returned to the City at the end of the contract.
All data, documents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act.
I. DRUG-FREE WORKPLACE
The awarded Contractor certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. Failure to comply with these requirements may result in suspension of payments under the Contract or termination of the contract or both, and the Contractor may be ineligible for award of any future City contracts.
J. EXAMINATION
Proposer represents that it has thoroughly examined and become familiar with the services and responsibilities required this RFP and that it is capable of effectively and efficiently performing quality work to achieve the City’s objectives. Any attachments referenced herein or any interpretations, clarifications or amendments subsequently posted in relation to this RFP are fully incorporated.
Any irregularities or lack of clarity in the RFP should be brought to the designated City Contact/Project Manager’s attention as soon as possible so that corrective addenda may be furnished to prospective Proposers.
Proposals which appear unrealistic in the terms of technical commitments, lack of technical competence, or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected.
K. EXECUTION OF AGREEMENT
Upon successful negotiations, the City and the selected Proposer will enter into an Agreement similar to that as shown in EXHIBIT II – Sample Agreement of this RFP. If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right to disqualify them without any further obligation
L. FISCAL NONFUNDING CLAUSE
In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period and terminate the contract on the last day of the current fiscal period without penalty or expense to the City.
M. JOINT OFFERS/SUBCONSULTANTS
Where two or more Proposers desire to submit a single proposal in response to this RFP, they should do so on a prime sub-consultant basis. The City intends to contract with a single firm, also known as the prime, and not with multiple firms doing business as a joint venture.
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assurances of competence for the sub-consultant plus the demonstrated ability to manage and supervise the subcontracted work. Sub-consultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub-consultants in the same manner as the Proposer. The proposer is responsible for all the actions taken by their sub-contractor.
The City reserves the right to reject, replace and approve any and all Subcontractors. All Subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any proposed Subcontractor(s). Subcontractors shall be the responsibility of the prime Contractor and the City shall assume no liability of such Subcontractors.
N. INDEPENDENT CONTRACTOR
Contractor is considered an independent Contractor and neither Contractor, its employees, nor anyone working under Contractor will be considered an agent or an employee of City.
Neither Contractor, its employees, nor anyone working under Contractor, will qualify for workers’ compensation or other fringe benefits of any kind through City.
O. JOINT OFFERS/SUBCONSULTANTS
Where two or more Proposers desire to submit a single Proposal in response to this RFP, they should do so on a prime sub-consultant basis. The City intends to contract with a single firm and not with multiple firms doing business as a joint venture. Should the use of subconsultants be offered, the Proposer shall provide the same assurances of competence for the sub-consultant plus the demonstrated ability to manage and supervise the subcontracted work. Sub-consultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub-consultants in the same manner as the Proposer.
The City reserves the right to reject, replace and approve any and all Subcontractors. All Subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any proposed Subcontractor(s). Subcontractors shall be the responsibility of the prime Contractor and the City shall assume no liability of such Subcontractors.
P. LITIGATION STATUS
Each Proposer must include in its proposal a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any proposal. The City reserves the right to reject any proposal based upon the Proposer’s prior history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures.
Q. NEGOTIATIONS
The City reserves the right to negotiate final contract terms with any Proposer selected. The contract between the parties will consist of the RFP together with any modifications thereto, and the awarded Contractor’s proposal, together with any modifications and clarifications thereto that are submitted at the request of the City during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed contract, the RFP, any modifications and clarifications to the awarded Contractor’s proposal, and the awarded Contractor’s proposal. Specific exceptions to this general rule may be noted in the final executed contract.
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Negotiations shall be confidential and not subject to disclosure to competing Contractors unless and until an agreement is reached. If contract negotiations cannot be concluded successfully, the City reserves the right to negotiate a contract with another Contractor or withdraw the RFP.
R. NON-PAYMENTS
Note that payments will NOT be made for any unsatisfactory work until corrected. In the event of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30) working days to cure the alleged breach.
S. OWNERSHIP OF DOCUMENTS
The City has permanent ownership of all directly connected and derivative materials produced under this contract by the Contractor. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remains the sole property of the City and may be used by the City as it may require without additional cost to the City. Contractor shall provide the City copies of documents upon its request at any time. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Contractor without the express written consent of the City.
T. PARKING
The City will not provide free parking and/or reimbursement for the cost of parking while providing services and conducting business with the City.
U. PROFESSIONAL STANDARDS
Contractor staff shall be courteous to the public and City staff utilizing facilities where Contractor is performing work, but shall be responsive only to the requests of the City’s Project Manager or designee. Contractor staff shall direct all inquiries to Project Manager or designee.
Contractor acknowledges that City locations consist of public-use facilities and recognizes the obligation to ensure Contractor personnel and agents maintain the highest level of professional standards in attire, decorum, and interaction with the public and City personnel.
V. PROJECT MANAGER
The selected Proposer will assume responsibility for all services in its proposal. The selected Proposer shall identify a sole point of contact, Project Manager, with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement.
W. PROPOSAL VALIDITY
Services, pricing, and warranties indicated in a Proposer’s Proposal must be valid for a period of 180 days at minimum after the submission of the Proposal.
X. PUBLIC AGENCIES
Other public agencies, as defined by California Government Code Section 6500, may choose to use the terms of this Contract, subject to Contractor’s acceptance. The City is not liable or responsible for any obligations related to a subsequent contract between Contractor and another public agency.
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Y. PUBLIC RECORDS
Proposals will become public record after the award of a contract unless the proposal or specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer thereby agrees to indemnify and defend the City for honoring such a designation. The failure to so label any information that is released by the City shall constitute a complete waiver of any and all claims for damages caused by any release of the information. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act.
Z. SUBCONTRACTORS
Proposals in response to this RFP must identify any Subcontractors, and outline the contractual relationship between the Awarded Subcontractor and each Subcontractor. An official of each proposed Subcontractor must sign, and include as part of the proposal submitted by the Prime Contractor, a statement to the effect that the Subcontractor has read and will agree to abide by the awarded Contractor’s obligations. Any Subcontractor proposed after award of contract must be approved by the City before commencement of work.
The City will look solely to the awarded Contractor for the performance of all contractual obligations which may result from an award based on this RFP, and the awarded Contractor shall not be relieved for the non-performance of any or all Subcontractors.
XIII. AWARD OF AGREEMENT
Selected Contractor(s) will be notified in writing. Any award is contingent upon the successful negotiation of final contract terms.
A. EXECUTION OF AGREEMENT
A standard agreement is included as EXHIBIT II Sample Agreement of this RFP. “Proposer” will hereinafter be referred to as “Consultant” or “Contractor” in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required bonds, insurance documents and contents of the payment information packet have been received and approved.
XIV. IMPLEMENTATION
A. KICK-OFF MEETINGS
The successful proposer will be required to meet with City staff prior to commencement of services or at any time as required by the City, to discuss and agree on operational issues including transition of services and scheduling.
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Consultant shall perform services as set forth below:
I. GENERAL REQUIREMENTS
Consultant shall be an independent contractor capable of providing experienced, knowledgeable, licensed and professional staff. Consultant shall be responsive and maintain excellent working relationships with City residents, businesses, government officials and City staff. Consultant shall provide adequate staffing levels at all times and adhere to established schedules.
Consultant shall comply with all federal, state and local laws, rules, regulations, ordinances, and statutes, including but not limited to the Americans with Disabilities Act (ADA), the Health Insurance Portability and Accountability Act (HIPAA), the Federal Motor Carrier Safety Administration (FMCSA) rules and regulations, the U.S. Department of Transportation (DOT) rules and regulations, and the California Public Records Act (Cal. Govt. Code Sections 6250 et seq.)
II. DESCRIPTION AND SCOPE OF SERVICES
A. The City of Santa Ana is issuing this RFP for a medical services review program; such program to include organizing, scheduling, managing, and/or evaluating a comprehensive range of medical services and examinations, including but not limited to:
1. For prospective and current City employees to perform the duties of the position for which they are being considered (pre-employment assessments), using pre-determined medical protocols for each job classification such protocols may be modified by the physician, in consultation with the City’s Executive Director of the Human Resources Department, or his/her designee, as is necessary to make a determination as to suitability for employment;
2. For current City employees being considered for employment in DOT and non-DOT positions requiring pre-placement or pre-assignment drug screens;
3. Fitness for Duty examinations (industrial and non-industrial), and provide reports and recommendations regarding the suitability of current employees to continue to perform their duties;
4. Urine and breath specimen collection, laboratory analysis and Medical Review Officer (MRO) responsibilities;
5. DMV Driver’s License physical examinations;
6. DOT-mandated drug and alcohol testing of employees considered ‘safety sensitive’ as defined under DOT regulations and City policy. Consultant shall ensure all such testing complies with DOT testing procedures as per 49 CFR, Part 40; such testing to include pre-employment and pre-assignment.
B. City shall be responsible for the organization, scheduling, and management of DOT and non-DOT random and reasonable suspicion drug and alcohol testing, and DOT post-accident drug and alcohol testing. Consultant shall evaluate results of said testing, in accordance with the provisions of the Agreement and relevant laws and regulations.
EXHIBIT I
SCOPE OF SERVICES
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C. Consultant shall ensure clinic(s) used for DOT-related drug and alcohol testing maintain a current valid contract with a Substance Abuse and Mental Health Services Administration (SAMSHA)- certified laboratory that is agreed upon with the City of Santa Executive Director of Human Resources throughout the entire term of the awarded agreement, including any extension periods.
Consultant shall ensure turn-around time from specimen collection to obtained test results shall be a maximum of three (3) working days for a negative test, and a maximum of five (5) working days for a positive test.
D. As part of the medical services review program, Consultant shall:
1. Analyze current job classification specifications and make recommendations for the City’s use in the pre-employment medical examination and drug testing process, random drug screen inclusion for safety sensitive positions inclusive of Department of Justice (DOJ) regulations, and occupational injury medical examination for return-to-work/fitness for duty.
2. Provide training to Human Resources personnel in administration procedures of Consultant’s medical services review process.
3. Communicate with City Human Resources staff regarding applicants’ or employees’ progress throughout the medical services review process.
4. Communicate directly with applicants and City Human Resources staff throughout the preemployment or pre-assignment process in regard to results and medical conditions as ascertained through the medical or physical examinations.
5. Provide an electronic final report in a format established by City Human Resources staff at its sole discretion, outlining each candidate’s pre-employment placement medical evaluation and results.
6. Provide quarterly electronic activity reports, in a format established by Human Resources in its sole discretion, on the nature and number of examinations conducted, including but not limited to results and final dispositions.
7. Provide a detailed quarterly explanation and summary of charges incurred.
8. Provide all quarterly and annual summaries as required under the DOT.
9. Provide consultation as needed to Human Resources staff regarding medical services provided and outlined in the Agreement.
10. Consultant solely shall review all pre-employment/pre-placement medical evaluation services and maintain records, pursuant to the Agreement, in accordance with State and Federal laws, or as otherwise reasonably required by the City, and to the fullest extent permitted by law.
11. Consultant agrees to permit duly-authorized agents and employees of the City to review such records.
12. Consultant shall maintain all books, documents, papers, accounting records, and other evidence pertaining to the fee paid under this Agreement. Consultant will make materials available at their offices at reasonable times and notice, during the period of the Agreement and for three (3) years after date of final payment under the Agreement for inspection by the City or by any other governmental entity or Department participating in the funding of the Agreement, or any authorized agents thereof.
13. Consultant’s documents shall not be used, duplicated, or disclosed to any other third party without written permission from the City, unless such disclosure is required by law. Consultant shall not be required to create or maintain books and records not required in the ordinary course of Consultant’s business operations, nor will the Consultant be required to disclose any information, including but not limited to product cost or pricing data, which Consultant considers confidential or proprietary.
14. Any Agreement changes which are mutually agreed upon by and between the parties shall be incorporated in written amendments to the Agreement.
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15. If the circumstances on a particular hearing and/or court proceeding warrant the presence of a competent and knowledgeable representative of the Consultant, in the sole discretion of the City, City will request and contractor shall provide such representative, at no additional cost to City.
E. Additionally, as part of the medical services review program, Consultant shall:
1. Maintain a network of qualified and trained medical providers and medical specialists for necessary exams;
2. Orient City staff in the legal/medical/risk management and human resources aspects of Consultant services;
3. Communicate directly with applicants to obtain the confidential medical information that is needed for clearance for a particular job;
4. Manage all bill review functions for the medical exams performed by clinics; and,
5. Provide access for City staff to Consultant’s tracking system.
F. Depending on job classification, pre-employment, and pre-assignment medical examination components may include:
1. job profile review;
2. review of medical history;
3. check vital signs;
4. detailed vision exam, including check of near/far/peripheral vision, Ishihara 14 and primary color;
5. audiogram (if classification has specific occupational noise exposure or critical hearing demands);
6. chest x-ray;
7. EKG or treadmill stress EKG;
8. Spirometry;
9. chem panel 20;
10. CBC w/diff;
11. dipstick UA, or UA w/Micro (to lab);
12. venipuncture & collection.
G. Individual medical exams, such as post exposure, fit for duty, or others, may include one or more of the following:
1. Audiogram
2. Back X-ray
3. Blood Lead Level ZZP
4. Blood screens – 7 panel drug screen
5. Blood chemistry profile (SMA 24 or equivalent)
6. Complete blood count (CBC w/diff)
7. Chest X-ray
8. DMV Physicals
9. Electrocardiogram
10. Hepatitis “A” blood screen
11. Hepatitis “B” blood screen
12. Hepatitis “B” booster
13. Hepatitis “B” titer
14. Hepatitis “B” Vaccine
15. Hepatitis “A” Vaccine
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16. Hepatitis “C” blood screen
17. HIV blood screen
18. Pulmonary function test
19. Respirator Fit test
20. Respirator Physical
21. Respirator Questionnaire if PX is not required with clearance
22. TB test
23. Urinalysis with microscopy (UA w/micro)
24. Urinalysis with dipstick (Dipstick UA)
III. IMPLEMENTATION
Upon award of the Agreement, City shall work with Consultant to develop effective implementation protocols to ensure Services commence on January 31, 2024. 23-115
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CONSULTANT AGREEMENT
CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this day of , 20__ by and between ___________________________________________________________, (“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. The City desires to retain a Consultant having special skill and knowledge in the field of:
B. Consultant represents that Consultant is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform 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 Scope of Services - Exhibit I, attached hereto and incorporated by reference.
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 Compensation - Exhibit II. The total annual sum to be expended under this Agreement is not anticipated to exceed $75,000.
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 January 31, 2024 for a three (3) year term with the option for the City to grant up to two (2), one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.
4. 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 employeremployee 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
EXHIBIT II
SAMPLE AGREEMENT
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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 & 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
Contractor 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 Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. 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 injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) 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 Contractor has no owned autos, covering hired, (Code 8) and non-owned autos (Code 9), with 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 $1,000,000 per accident for bodily injury or disease.
4. Professional Liability (Errors and Omissions): Insurance appropriate to the Contractor’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
If the contractor 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 higher limits maintained by the contractor.
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 Contractor 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 Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Primary Coverage
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For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance 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 Contractor’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
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor 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 Contractor 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 claims-made coverage:
1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
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 Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’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.
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, 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, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this 23-115 Pre-Employment Medical Screening Services Page 23 of 34 SAMPLE
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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 Contractor’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 arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, 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.
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 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.
11. 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.
12. 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 23-115 Pre-Employment Medical Screening Services Page 24 of 34 SAMPLE
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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.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor, 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 Contractor. 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 is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, 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 Contractors retained by City.
15. 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.
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. 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.
18. PROFESSIONAL LICENSES
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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.
19. 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:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Executive Director, ------- Agency
City of Santa Ana
20 Civic Center Plaza (M-xx)
P.O. Box 1988
Santa Ana, California 92702
Fax:
To Contractor:
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.
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. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement.
First & Last Name
Title
Consultant Firm Name
Address
City, State, Zip
Fax:
23-115 Pre-Employment Medical Screening Services Page 26 of 34 SAMPLE
City Council 18 – 30 1/16/2024
CITY OF SANTA ANA
c. 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 L. Hall Kristine Ridge
City Clerk City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO CONSULTANT:
City Attorney
By:
Assistant City Attorney
Tax ID#
RECOMMENDED FOR APPROVAL:
Executive Director
[INSERT] Agency
SAMPLE ONLY
(name)
(title)
23-115 Pre-Employment Medical Screening Services Page 27 of 34 SAMPLE
City Council 18 – 31 1/16/2024
CITY OF SANTA ANA
Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit I) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal.
Proposal Item Price - Pricing shall be based on the services performed, for services described in Exhibit I. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Attach additional pages as needed.
PROPOSER’S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions.
TYPE OF MEDICAL PROCEDURE
ESTIMATED
# OF TESTS
COST PER
TEST
ESTIMATED
TOTAL COST
__________________________________________________________________________________
LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS
__________________________________________________________________________________
BUSINESS ADDRESS
__________________________________________________________________________________
PRINTED NAME OF AUTHORIZED AGENT TITLE
__________________________________________________________________________________
SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS
_______________________________________________________________________________
FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE)
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT A
PROPOSER’S CERTIFICATION, PROPOSAL PRICING
23-115
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CITY OF SANTA ANA
List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications.
REFERENCE
Customer Name:_________________________Contact Individual: ____________________________ Address: ________________________________Phone Number:
_______________________________ EMAIL: ____________________________________ Contract Amount: ________________________Year: ______________________________________ Description of supplies, equipment, or services provided:
__________________________________________________________________________________
REFERENCE
Customer Name:_________________________Contact Individual: ____________________________ Address: ________________________________Phone Number:
_______________________________ EMAIL: ____________________________________ Contract Amount: ________________________Year: ______________________________________ Description of supplies, equipment, or services provided:
__________________________________________________________________________________
REFERENCE
Customer Name:_________________________Contact Individual: ____________________________ Address: ________________________________Phone Number:
_______________________________ EMAIL: ____________________________________ Contract Amount: ________________________Year: ______________________________________ Description of supplies, equipment, or services provided:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT B
REFERENCES
23-115
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CITY OF SANTA ANA
Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto.
Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City’s legal holidays), or the funds, check, draft, or proposer’s bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer’s bond substituted in lieu thereof shall be returned to the undersigned.
Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed.
All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP.
Firm________________________________________________________________________________ Signed and Printed Name: ______________________________________________________________ Title ________________________________________________________________________________ Date
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT C
PROPOSER’S STATEMENT
23-115
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CITY OF SANTA ANA
(Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal.
Note: The above non-collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non-collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution.
Signed____________________________________________________________________________ State of ________, County of __________________________________________________________ Subscribed and sworn to (or affirmed) before me on this________ day of_____________, 20____, by ________________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
________________________
Notary Public Signature Notary Public Seal
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT D
NON-COLLUSION AFFIDAVIT
23-115
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CITY OF SANTA ANA
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.
Signed:
Title:
Firm:
Date:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT E
NON-LOBBYING CERTIFICATION
23-115
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CITY OF SANTA ANA
The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows:
1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, 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.
2. The Consultant shall, in all solicitations or advertisements for 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, or national origin.
3. The Consultant shall send to each labor union or representative of workers with which he/she 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 commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
4. The Consultant shall 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.
5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders.
1. In the event of the Consultant’s non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, 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 Execution 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, regulations, or order of the Secretary of Labor, or as otherwise provided by law.
2. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) 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 subcontract
ATTACHMENT F
NON-DISCRIMINATION CERTIFICATION
23-115
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Pre-Employment Medical Screening
18 – 37
Services
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CITY OF SANTA ANA
or purchase order as the administering agency may direct as 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 subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States.
8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter.
Signed:
Title:
Firm:
Date:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. 23-115
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Parks, Recreation, and Community Services
www.santa-ana.org/parks
Item # 19
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
January 16, 2024
TOPIC: Event Equipment Rental Services
AGENDA TITLE
Second Amendment to Agreement with A1 Party Rental for Event Equipment Rental Services at City Events to Increase the Annual Amount by $45,000 per Year through March 31, 2025, for a Total Increase of $90,000 and New Agreement Total of $540,000 (General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute an amendment to an agreement with A1 Party Rental for event equipment rental services at City events to increase the annual amount by $45,000 per year through March 31, 2025, for a total increase of $90,000 and new agreement total of $540,000 (Agreement No. A-2024-XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
On April 5, 2022, the City entered into an agreement to A1 Party Rental for equipment rental services at City Events. The award was made through a competitive Request for Proposal (RFP) process, whereby A1 was selected.
On October 4, 2022, an amendment was issued to increase the annual amount by $64,000 per year through March 31, 2025 to accommodate the additional events that the Parks, Recreation, and Community Services agency undertook. The size of City events such as Fourth of July, Chicano Heritage Festival, Fiestas Patrias, Mid-Autumn Festival, and Winter Village continues to grow. Additionally, the City is adding the Tet Festival, which will require an additional estimated $10,000 per year in services provided under the agreement with A1. Therefore, the City is requesting an agreement increase of $45,000 per year to cover the increase of existing and new events.
City Council 19 – 1 1/16/2024
Event Equipment Rental Services
January 16, 2024
FISCAL IMPACT
Funds are budgeted and available in the following account for the current year and will be budgeted and made available for the following year subject to City Council approval.
Fiscal
Year
Accounting UnitAccount #Fund
Description
Accounting Unit, Account
Description
Amount
FY 23-24 01113230-62300 General
Fund
PRCSA-Recreation and
Community Services-Contractual
Services Professional
$45,000
FY 24-25 01113230-62300 General
Fund
PRCSA-Recreation and
Community Services-Contractual
Services Professional
$45,000
EXHIBIT(S)
1. Agreement Amendment
Submitted By: Hawk Scott, Executive Dir. of Parks, Recreation and Community Services
Approved By: Tom Hatch, Interim City Manager
City Council 19 – 2 1/16/2024
City Council 19 – 3 1/16/2024
City Council 19 – 4 1/16/2024
Parks, Recreation, and Community Services
www.santa-ana.org/parks
Item # 20
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
January 16, 2024
TOPIC: Traffic Control Equipment and Services at City Events
AGENDA TITLE
Second Amendment to Agreement with California Barricade Rentals, Inc. for Traffic Control Equipment and Services at City Events to Increase the Total Agreement Not To Exceed Amount by $185,000 through March 31, 2025, for a New Total Not to Exceed Amount of $400,000 (General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute a second amendment to the agreement with California Barricade Rentals, Inc. for traffic control equipment and services at City events to increase the total agreement not to exceed amount by $185,000 through March 31, 2025 for a new total not-to-exceed amount of $400,000 (Agreement No. A-2024-XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
On April 5, 2022, the City entered into an agreement to California Barricade, Inc. for traffic control equipment and services for City events. The award was made through a competitive Request for Proposals (RFP) process, whereby California Barricade Rentals, Inc. was selected.
On June 6, 2023, the City approved an amendment to increase the agreement amount by $65,000 to fund additional Parks, Recreation, and Community Services Agency (PRCSA) events as well as other future Police Department community events requiring these services. Out of the $65,000 amendment, $40,000 was allocated to PRCSA and $25,000 was allocated to the Police Department.
Staff is requesting an increase of $185,000 through the end of the contract. This past year, the Fiesta Patrias Parade increased the need by $55,000 and $65,000 is anticipated for next year ($120,000 total). The newly added Tet Festival is anticipated to need $15,000 for each of the two upcoming years ($30,000 total) and, due to the size last year, the Egg Hunt is anticipated to need an increase of $5,000 each year as well ($10,000 total). Lastly, staff is requesting $20,000 for any unanticipated need in services.
City Council 20 – 1 1/16/2024
Traffic Control Equipment and Services at City Events
January 16, 2024
FISCAL IMPACT
Funds are budgeted and available in the following account for the current year and will be budgeted and made available for the following year subject to City Council approval.
Expenditure amounts may differ from year to year, but will remain within the total agreement amount.
Fiscal
Year
Accounting
Unit-Account
#
Fund
Description
Accounting Unit, Account
Description
Amount
FY 23-24 01113230-
62300
General
Fund
PRCSA-Recreation and
Community ServicesContractual Services
Professional
$62,000
FY 24-25 01113230-
62300
General
Fund
PRCSA-Recreation and
Community ServicesContractual Services
Professional
$123,000
EXHIBIT(S)
1. Second Amendment
Submitted By: Hawk Scott, Executive Director of PRCSA
Approved By: Tom Hatch, Interim City Manager
City Council 20 – 2 1/16/2024
SECOND AMENDMENT TO AGREEMENT WITH
CALIFORNIA BARRICADE RENTALS, INC.,
TO PROVIDE TRAFFIC CONTROL EQUIPMENT AND SERVICES
THIS SECOND AMENDMENT to the above-referenced agreement is entered into on January 16, 2024, by and between California Barricade Rentals, Inc., a California corporation dba California Barricade (“Contractor”), 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. Following Request for Proposal (“RFP”) No. 21-139, the parties entered into Agreement No. A-2022-049 (“Agreement”) dated April 5, 2022, to retain a qualified contractor to provide traffic control equipment and services for the City’s Parks, Recreation, and Community Services Agency. The Agreement is in full force and effect through March 31, 2025.
B. On June 6, 2023, the Parties entered into a First Amendment to the Agreement (#A-2023- 096) to revise the terms to the compensation language and increase the overall not-toexceed amount to the Agreement.
C. The parties now wish to further amend the Agreement to increase the compensation under the Agreement by $185,000 for additional City events and cover increased costs.
The Parties therefore agree:
1. Section 2.a., Compensation, is hereby amended to increase the overall compensation to the Agreement in an amount not-to-exceed Four Hundred Thousand Dollars and Zero Cents ($400,000).
2. Except as modified by this Second Amendment, all terms and conditions of the Agreement, as amended, shall remain in full force and effect. [signature page follows]
City Council 20 – 3 1/16/2024
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above.
Jennifer L. Hall Thomas R. Hatch
City Clerk Interim City Manager
APPROVED AS TO FORM CONTRACTOR
SONIA R. CARVALHO, City Attorney
By:____________________________
Brandon Salvatierra By:
Deputy City Attorney Title:
RECOMMENDED FOR APPROVAL
______________________________
Hawk Scott
Executive Director
Parks, Recreation and Community Services Agency
David F. Tangitau
President
City Council 20 – 4 1/16/2024
Parks, Recreation, and Community Services
www.santa-ana.org/parks
Item # 21
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
January 16, 2024
TOPIC: Cabrillo Tennis Center
AGENDA TITLE
Second Amendment to the Agreement with Matchpoint Tennis Academy LLC (“Matchpoint) for the Management, Operation, and Maintenance of the Cabrillo Tennis Center
RECOMMENDED ACTION
Authorize the City Manager to execute the second amendment to the agreement with Matchpoint Tennis Academy LLC to adjust the terms and conditions of Section 4 in the agreement and reduce the term from 15 years to 10 years with an expiration date of December 31, 2029 with the option for a one 5-year extension (Agreement No. A-2024- XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
On December 17, 2019, the City Council approved a license agreement with Matchpoint Academy LLC for the operation and maintenance of the Cabrillo Tennis Center for a 15- year term from January 1, 2020 to December 31, 2034.
As part of the agreement, Matchpoint agreed to begin Cabrillo Tennis Center facility improvements including the installation of two (2) clay tennis courts; the installation of one (1) center tennis court; the installation of a fence, in accordance to Park Maintenance Division standards, around the entire facility; all lighting at the facility to be retrofitted to LED lighting; and replace two (2) air conditioning units. All facility improvements were scheduled to be completed by December 31, 2023.
As a result of the COVID-19 pandemic, engineering and construction progress was delayed for the installation of the clay tennis courts, the installation of the center tennis court, and the installation of the fence around the facility. An amendment was approved to extend the deadline for Matchpoint to complete the installation of two (2) clay tennis courts at the Facility for six (6) months until June 30, 2021.
City Council 21 – 1 1/16/2024
Cabrillo Tennis Center
January 16, 2024
However, due to longer than anticipated construction delays resulting from the COVID19 pandemic, staff is requesting additional time for the facility improvements. With that consideration and in order to avoid future breach of contract scenario, the Parks, Recreation and Community Services Agency (PRCSA) is recommending that 1) Delivery dates associated with Subsections 4.1, 4.2, and 4.3 of the original agreement be adjusted; and 2) the term of the agreement be reduced from fifteen (15) years to ten (10) years in order to ensure Matchpoint is accountable for the terms and conditions in the agreement.
After several meetings with Matchpoint representatives, the following amendments are being proposed to provide additional time for the facility improvements to be made.
Facility Improvement Original Term & Condition Amended Term & Condition
4.1 Installation of two (2) clay
tennis courts
Installed and operational no
later than December 31,
2020
Installed and operational no
later than December 31,
2025
4.2 Installation of one (1)
center tennis Court
Installed and operational no
later than December 31,2023
Installed and operational no
later than December 31,
2026
4.3 Fencing to be installed
around the entire facility
Fence to be completed no
later than December 31,
2023
Fence to be completed no
later than December 31,
2027
The City recognizes under Section 4.0 Improvements to the Facilities that Subsections
4.4 and 4.5 have been completed and have met the terms and conditions of the original agreement. Both the City and Matchpoint agree that all other terms and conditions agreed to in the original agreement will remain unchanged.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Agreement Amendment
Submitted By: Hawk Scott, Executive Dir. of Parks, Recreation and Community Services
Approved By: Tom Hatch, Interim City Manager
City Council 21 – 2 1/16/2024
City Council 21 – 3 1/16/2024
City Council 21 – 4 1/16/2024
Planning and Building Agency
www.santa-ana.org/planning-and-building
Item # 22
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
January 16, 2024
TOPIC: Approval of a Historic Property Preservation Agreement
AGENDA TITLE
Historic Property Preservation Agreements
RECOMMENDED ACTION
1. Authorize the City Manager or designee to execute the attached Mills Act agreements with the below-referenced property owners for the identified structure(s).
Property Owner(s)
Historic Property
Preservation
Agreement No.
Address/House Vote by HRC
Charles William Lake
and Julie S. Lake, as
Trustees of the
Charles William Lake
and Julie S. Lake
2002 Family Trust
Dated September 20,
2002
2023-10 2028 N. Greenleaf
Street
5:0:0:3
(Commissioners
Hardy, Cornelious,
and Escamilla
absent)
Daniel and Robbyn
Taylor 2023-11 1607 N. Freeman Street
5:0:0:3
(Commissioners
Hardy, Cornelious,
and Escamilla
absent)
2. Determine that, in accordance with the California Environmental Quality Act, the proposed projects are exempt for further review as Categorical Exemptions ER No. 2023-105 and 2023-107 will be filed for the projects.
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
On November 2, 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, City Council 22 – 1 1/16/2024
Approval of Historic Property Preservation Agreement
January 16, 2024
subject to non-substantive changes approved by the City Manager and City Attorney:
Historic Preservation Agreement Number 2023-10 and 2023-11. 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 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 Exemptions will be filed for this project:
• ER No. 2023-105 (2028 North Greenleaf Street)
• ER No. 2023-107(1607 North Freeman Street)
FISCAL IMPACT
The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $1,746.94 annually noted below, for a period of not less than ten years.
HPPA No. Address Estimate Exhibit No.
2023-105 2028 North Greenleaf Street $776.74 1-2
2023-107 1607 North Freeman Street $970.20 3-4
Total for All Properties: $1,746.94
EXHIBIT(S)
1. Mills Act Agreement – 2028 North Greenleaf Street
2. HRC Staff Report – 2028 North Greenleaf Street
3. Mills Act Agreement – 1607 North Freeman Street
4. HRC Staff Report – 1607 North Freeman Street
Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Tom Hatch, Interim City Manager
City Council 22 – 2 1/16/2024
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 Charles William Lake and Julie S. Lake, as Trustees of the Charles William Lake and Julie S. Lake 2002 Family Trust Dated September 20, 2002, (hereinafter collectively referred to as “Owner”), owner of real property located at 2028 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 the “Mills Act”) to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity.
B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2028 North Greenleaf Street, Santa Ana, CA, 92706 and more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference, and hereinafter referred to as the “Historic Property”.
C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code.
D. 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.
City Council Exhibit 1 22 – 3 1/16/2024
MILLS ACT AGREEMENT
2028 North Greenleaf Street
Santa Ana, CA 92706
- 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 January 17, 2024, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below.
2. Renewal.
a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein.
b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party.
Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein.
c. Within 30 days from receipt of City’s notice of nonrenewal, the Owner may file a written protest of City’s decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply.
3. Standards and Conditions for Historic Property.
During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions:
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 characterdefining features described in the “Executive Summary” attached hereto, marked as Exhibit B1, and “Historical Property Description” attached hereto, marked as Exhibit B2, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, City Council 22 – 4 1/16/2024
MILLS ACT AGREEMENT
2028 North Greenleaf Street
Santa Ana, CA 92706
- 3 -
and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City.
b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State 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 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 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 discussed in detail in Exhibit D, “Proposed Structure Improvements.” Repair of the leaded glass window, roof repairs as needed, and general window maintenance/repair work, shall be finalized within the first five years of the Mills Act Agreement, with all other work items 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.
City Council 22 – 5 1/16/2024
MILLS ACT AGREEMENT
2028 North Greenleaf Street
Santa Ana, CA 92706
- 4 -
4. Furnishing of Information.
The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement.
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 has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 ½) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement.
b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled 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 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.
City Council 22 – 6 1/16/2024
MILLS ACT AGREEMENT
2028 North Greenleaf Street
Santa Ana, CA 92706
- 5 -
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 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.
7. Binding effect of Agreement.
a. Owner hereby subjects the Historic Property, located at 2028 North Greenleaf Street, Assessor Parcel Number, 002-081-22, 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 Properties (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 listed 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 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 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
City Council 22 – 7 1/16/2024
MILLS ACT AGREEMENT
2028 North Greenleaf Street
Santa Ana, CA 92706
- 6 -
Attn: Clerk of the Council
Owners: Charles William Lake and Julie S. Lake, as Trustees of the Charles William Lake and Julie S. Lake 2002 Family Trust Dated September 20, 2002 Attn: Charles William Lake and Julie S. Lake
2028 North Greenleaf Street
Santa Ana, CA 92706
10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise.
b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, 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 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 any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney’s fees to be fixed by the court, in addition to court costs and other relief ordered by the court.
f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby.
City Council 22 – 8 1/16/2024
MILLS ACT AGREEMENT
2028 North Greenleaf Street
Santa Ana, CA 92706
- 7 -
g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County.
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}
City Council 22 – 9 1/16/2024
MILLS ACT AGREEMENT
2028 North Greenleaf Street
Santa Ana, CA 92706
- 8 -
ATTEST: CITY OF SANTA ANA
________________________ _________________________
JENNIFER L. HALL STEVEN A. MENDOZA
City Clerk Acting City Manager
OWNERS
Date: ___________________ By:__________________
CHARLES WILLIAM LAKE
Trustee, Charles William Lake and Julie S.
Lake 2002 Family Trust
Dated September 20, 2002
Date: ___________________ By:__________________
JULIE S. LAKE
Trustee, Charles William Lake and Julie S.
Lake 2002 Family Trust
Dated September 20, 2002
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 22 – 10 1/16/2024
MILLS ACT AGREEMENT
2028 North Greenleaf Street
Santa Ana, CA 92706
- 9 -
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOT 6 AND THE NORTH 3 FEET OF LOT 7 OF TRACT NO. 813, IN THE CITY OF
SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 25 PAGE 3 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY CALIFORNIA.
Assessor’s Parcel Number: 002-081-22
City Council 22 – 11 1/16/2024
EXECUTIVE SUMMARY
C.P. Johnson House
2028 North Greenleaf Street
Santa Ana, CA 92706
NAME C.P. Johnson House REF. NO.
ADDRESS 2028 North Greenleaf Street
CITY Santa Ana ZIP 92706 ORANGE COUNTY
YEAR BUILT 1928 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 C.P. Johnson 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
City Council 22 – 12 1/16/2024
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) C.P. Johnson 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 2028 North Greenleaf Street City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor’s Parcel Number 002-081-22 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The C.P. Johnson House is a one-story-with-attic, 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 exhibits an irregularshaped plan with a complex, multi-gable roof system clad in asphalt shingles. The primary (east) façade contains a steeply pitched front gable crossed with and a side-gable that has a tiered roofline. Its steeply pitched roof form is reflective of the French Eclectic style. A central, stucco-clad chimney that is capped with lattice and asphalt shingle roofing, and a single vent contained within a decorative dormer, are both located at the primary (east) façade. The exterior of the house is clad in sand finish stucco. An open brick patio at the primary (east) facade contains the primary entrance, which is located within a smaller, steeply pitched front gable (Figure 2). The main entrance is composed of a round wooden door featuring vertical panels and has an operable arched window behind 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 and HP4. Ancillary building *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date)
(Figure 1) Primary (East) elevation,
view west, August 2023
*P6. Date Constructed/Age and
Sources: historic
1928/ City of Santa Ana Building
Permits
*P7. Owner and Address:
Charles and Julie Lake
2028 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:
November 2, 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 22 – 13 1/16/2024
State of California The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________
BUILDING, STRUCTURE, AND OBJECT RECORD
*Resource Name or #: C.P. Johnson House
B1. Historic Name: C.P. Johnson 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):
August 3, 1928. Permit to construct a residence and garage. $6,500.
September 18, 1933. Rebuild chimney. $10.
February 15, 1961. Swimming pool. $2,500.
August 17, 1967. Add to residence (3 rooms and bath). $5,000.
July 16, 1998. Reroof.
Unknown. Alterations to the detached garage’s siding.
*B7. Moved? No Yes Unknown Date:__________ Original location:_______ _______ *B8. Related Features: Swimming pool, detached garage, open patio at front façade, front yard circular brick planters, and two cypress trees with manicured hedges and bushes in front yard.
B9a. Architect: Unknown b. Builder: Unknown
*B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1928 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 C.P. Johnson 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 1928 for approximately $6,500, for C.P. Johnson; however, the original architect and builder are unknown. From 1929-1930, the subject property was occupied by W. W. Ross. Between 1931 to 1934, L.A. Turner owned and occupied the property. City Directories list Mrs. Matz Turner as the property owner in 1935.
R.W. Ashley occupied the property between 1936 and 1937. From 1938 to 1941, W. F. Graves owned the property. No records were available between 1942 and 1944. In 1945, the owner is listed as E.S. Ulves. The 1946 City Directory was not available. The owner is S.A.Young is listed between the years 1947 and 1954. (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: None
*B14. Evaluator: Andrea Dumovich Heywood, City of Santa Ana. *Date of Evaluation: November 2, 2023
DPR 523B (1/95)
Sketch Map
(This space reserved for official comments.)
C.P. Johnson House
2028 North Greenleaf Street
N
City Council 22 – 14 1/16/2024
State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________
*Recorded by Andrea Dumovich Heywood *Date November 2, 2023 Continuation Update DPR 523L
*P3a. Description (continued):
Fenestration on the primary (east) façade moving south to north includes a pair of multi-light casement wood windows below the primary front gable; a single, wood-framed leaded-glass square window adjacent to the primary façade; a single, fixed narrow window with decorative exterior wooden bars; and a larger fixed wood window flanked by multi-light casement wood windows (Figure 4). The north, south, and rear (west) façade fenestration pattern is composed of a mix of single, double, and triple casement, multi-light wood windows; multi-light single and double wood doors; along with casement, single, and doublehung wood windows (Figure 5). Three dormers are located at the south side façade, one dormer is at the north side façade, and two dormers are along the rear (west) façade. Second story dormers along the secondary and rear facades contain paired multi-light casement wood windows, with the exception of a single fixed wood window on the smaller south side dormer (Figure 6). All original windows throughout include a prominent wood window sill.
Additional architectural features include a low, stucco-clad wall with asphalt shingle coping that partially encloses the open patio at the primary (east) façade; a rear porch covered by a canvas canopy at the rear (west) façade featuring metal railing and a raised platform; a secondary, stucco-clad chimney along the north façade; hood moldings; pronounced and projecting angles within the roof and often above windows; window canopies; a horizontal slat vent at the primary façade’s main gable; and round vents at each dormer’s gable end (except for the small, middle dormer at the south façade). The rear yard contains a single-story detached garage and a rear pool. The garage’s primary (east) façade is designed with wide horizontal siding and a wood garage door, and the north (side) façade features narrow horizontal siding with a single wood window and door (Figure 7). The property is landscaped with a front lawn, two round brick planters, manicured hedges and shrubs, and medium-sized trees including two Italian Cypress trees. Brick lines the driveway and open patio at the primary (east) façade. *B10. Significance (continued):
By 1955, H.W. McKague owned the property. No owner/occupant records were available between 1956 and 1959. From 1960 to 1962, E.H. Wilhelmi is listed as the owner. City directories are unavailable between 1963 - 1979. In 1980 and 1985, the owner is not listed in directories. Grey and Melissa Figge owned the property in Circa 1988. The present-day owners, Charles and Julie Lake, have owned the property since 1989. In 2011, the property's ownership was transferred to a family trust, however Mr. and Mrs. Lake continue to reside in the property. No additional information was uncovered regarding the past owners and tenants.
The C.P. Johnson 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 C.P. Johnson 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 $6,500 to build in 1928. 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 C.P. Johnson House include, but may not be limited to: Irregular-shaped building footprint and massing; asymmetrical primary façade; complex roof form with multigable roof system featuring steeply pitched gables and dormers; large, side-gabled roof visible at the primary façade that is reflective of the French Eclectic style; central chimney; sand finish stucco siding; open brick patio at primary façade; primary entrance within a steeply pitched front-facing gable, that features an arched wood door with an arched, operable light behind City Council 22 – 15 1/16/2024
State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________
*Recorded by Andrea Dumovich Heywood *Date November 2, 2023 Continuation Update DPR 523L
decorative wrought-iron grille and metal hardware; all original wood windows throughout which are primarily multi-pane casement and double-hung style, as well as a single, leaded glass window; hood moldings; projecting angles within the roof and often above windows; detached garage; and front yard lawn with landscaping including mature trees and shrubs. *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, 1928-2008.
Talbert, Thomas B. The Historical Volume and Reference Works: Covering Garden Grove, Santa Ana, Tustin. Volume 1:
Orange County. Whittier: Historical Publishers, 1963.
City Council 22 – 16 1/16/2024
State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________
*Recorded by Andrea Dumovich Heywood *Date November 2, 2023 Continuation Update DPR 523L
Additional Figures:
Figure 2. The primary entrance is located within a
smaller, steeply pitched front gable adjacent to a leaded glass window, facing west.
Figure 3. The main entrance has an operable arched
window behind a wrought iron decorative grill, facing
east.
Figure 4. A large fixed wood window flanked by multilight casement wood windows at the primary (east) façade, facing northwest.
Figure 5. Multi-light wood casement and fixed windows,
facing north.
Figure 6. Second story dormers at the south (side)
facade contain paired multi-light casement wood
windows, with the exception of a single fixed wood
window on the smaller dormer, facing northwest.
Figure 7. A single-story detached garage, facing
southwest.
City Council 22 – 17 1/16/2024
MILLS ACT AGREEMENT
2028 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 City Council 22 – 18 1/16/2024
MILLS ACT AGREEMENT
2028 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.
City Council 22 – 19 1/16/2024
Proposed Structure Improvements (“Work Plan”)
2028 North Greenleaf Street
Item Year Improvement
1 2025 Maintenance/repairs to windows
Repair leaded glass window
2 2026 Roof repairs as needed
3 2028 Exterior painting
4 2030 Electrical upgrades
Exhibit D
City Council 22 – 20 1/16/2024
Planning and Building Agency
Item # 2
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Historic Resources Commission Staff Report
November 2, 2023
Topic: HRCA No. 2023-19, HRC No. 2023-4, HPPA No. 2023-10 – C.P. Johnson House (2028 N. Greenleaf Street)
RECOMMENDED ACTION
1. Adopt a resolution approving Historic Resources Commission Application No. 2023-19 and Historic Register Categorization No. 2023-4 (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 Charles William Lake and Julie S. Lake, as Trustees of the Charles William Lake and Julie S. Lake 2002 Family Trust Dated September 20, 2002, subject to non-substantive changes approved by the City Manager and City Attorney (Exhibit 2).
EXECUTIVE SUMMARY
Charles and Julie Lake are requesting approval to designate an existing Tudor Revival style residence located at 2028 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 “Key” status due to the building’s Tudor Revival style and quality craftsmanship which features a steeply-pitched multi-gable roof; multilight wood windows; and an arched front door, among other original features.
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 2,679-squarefoot, Tudor Revival style residence and detached garage, on a 8,120-square-foot residential lot (Exhibit 3).
Exhibit 2
Historic Resources Commission 2 – 1 11/2/2023
City Council 22 – 21 1/16/2024
HRCA No. 2023-19, HRC 2023-4, HPPA No. 2023-10 – C.P. Johnson House (2028 N.
Greenleaf Street)
November 2, 2023
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 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 95 years old and is a sound example of period architecture. No known code violations exist on record for this property.
The C.P. Johnson 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 1928 for approximately $6,500, for C.P. Johnson; however, the original architect and builder are unknown. From 1929 to 1930, the subject property was occupied by W. W. Ross.
Between 1931 to 1934, L.A. Turner owned and occupied the property. City Directories list Mrs. Matz Turner as the property owner in 1935. R.W. Ashley occupied the property between 1936 and 1937. From 1938 to 1941, W. F. Graves owned the property. No records were available between 1942 and 1944. In 1945, the owner is listed as E.S. Ulves.
The 1946 City Directory was not available. The owner is S.A. Young is listed between the years 1947 and 1954. By 1955, H.W. McKague owned the property. No owner/occupant records were available between 1956 and 1959. From 1960 to 1962, E.H. Wilhelmi is listed as the owner. City directories are unavailable between 1963 and 1979. In 1980 and 1985, the owner is not listed in directories. Grey and Melissa Figge owned the property circa 1988. The present-day owners, Charles and Julie Lake, have owned the property since 1989. In 2011, the property's ownership was transferred to a family trust; however Mr. and Mrs. Lake continue to reside in the property. No additional information was uncovered regarding the past owners and tenants.
The C.P. Johnson House is a one-story-with-attic, single-family, Tudor Revival Style residence located on a modestly sized parcel in the Floral Park National Register Historic District. The asymmetrical residence exhibits an irregular-shaped plan with a complex, multi-gable roof system clad in asphalt shingles. The primary (east) façade contains a steeply pitched front gable crossed with and a side-gable that has a tiered roofline. Its Historic Resources Commission 2 – 2 11/2/2023
City Council 22 – 22 1/16/2024
HRCA No. 2023-19, HRC 2023-4, HPPA No. 2023-10 – C.P. Johnson House (2028 N.
Greenleaf Street)
November 2, 2023
steeply pitched roof form is reflective of the French Eclectic style. A central, stucco-clad chimney that is capped with lattice and asphalt shingle roofing, and a single vent contained within a decorative dormer, are both located at the primary (east) façade. The exterior of the house is clad in sand finish stucco. An open brick patio at the primary (east) facade contains the primary entrance, which is located within a smaller, steeply pitched front gable. The main entrance is composed of a round wooden door featuring vertical panels and has an operable arched window behind a wrought iron decorative grill and metal hardware.
Fenestration on the primary (east) façade moving south to north includes a pair of multilight casement wood windows below the primary front gable; a single, wood-framed leaded-glass square window adjacent to the primary façade; a single, fixed narrow window with decorative exterior wooden bars; and a larger fixed wood window flanked by multi-light casement wood windows. The north, south, and rear (west) façade fenestration pattern is composed of a mix of single, double, and triple casement, multi-light wood windows; multi-light single and double wood doors; along with casement, single, and double-hung wood windows. Three dormers are located at the south side façade, one dormer is at the north side façade, and two dormers are along the rear (west) façade.
Second story dormers along the secondary and rear facades contain paired multi-light casement wood windows, with the exception of a single fixed wood window on the smaller south side dormer. All original windows throughout include a prominent wood window sill.
Additional architectural features include a low, stucco-clad wall with asphalt shingle coping that partially encloses the open patio at the primary (east) façade; a rear porch covered by a canvas canopy at the rear (west) façade featuring metal railing and a raised platform; a secondary, stucco-clad chimney along the north façade; decorative moldings above exterior first floor windows; pronounced and projecting angles within the roof and often above windows; window canopies; a horizontal slat vent at the primary façade’s main gable; and round vents at each dormer’s gable end (except for the small, middle dormer at the south façade). The rear yard contains a single-story detached garage and a rear pool. The garage’s primary (east) façade is designed with wide horizontal siding and a wood garage door, and the north (side) façade features narrow horizontal siding with a single wood window and door. The property is landscaped with a front lawn, two round brick planters, manicured hedges and shrubs, and medium-sized trees including two Italian Cypress trees. Brick lines the driveway and open patio at the primary (east) façade.
Character-defining features of the C.P. Johnson House include, but may not be limited to: Irregular-shaped building footprint and massing; asymmetrical primary façade; complex roof form with multi-gable roof system featuring steeply pitched gables and dormers; large, side-gabled roof visible at the primary façade that is reflective of the French Eclectic style; central chimney; sand finish stucco siding; open brick patio at primary façade; primary entrance within a steeply pitched front-facing gable, that features Historic Resources Commission 2 – 3 11/2/2023
City Council 22 – 23 1/16/2024
HRCA No. 2023-19, HRC 2023-4, HPPA No. 2023-10 – C.P. Johnson House (2028 N.
Greenleaf Street)
November 2, 2023
an arched wood door with an arched, operable light behind decorative wrought-iron grille and metal hardware; all original wood windows throughout which are primarily multi-pane casement and double-hung style, as well as a single, leaded glass window; hood moldings; projecting angles within the roof and often above windows; detached garage; and front yard lawn with landscaping including mature trees and shrubs.
The C.P. Johnson 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; multi-light wood windows; and an arched front door, 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 • A mechanism to provide for property rehabilitation
• Incentives for potential buyers to purchase historic structures • Discouraging 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 maintenance/repair of existing wood windows, repair of leaded glass window near entry, roof repairs as needed (which includes covering the Historic Resources Commission 2 – 4 11/2/2023
City Council 22 – 24 1/16/2024
HRCA No. 2023-19, HRC 2023-4, HPPA No. 2023-10 – C.P. Johnson House (2028 N.
Greenleaf Street)
November 2, 2023
exposed flashing with a compatible roof material), exterior painting, and electrical upgrades, 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. 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. 2023-105 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 $776.74 annually, for a period of not less than ten years.
EXHIBIT(S)
1. Resolution
2. Mills Act Agreement
3. 500-Foot Radius Map
Historic Resources Commission 2 – 5 11/2/2023
City Council 22 – 25 1/16/2024
HRCA No. 2023-19, HRC 2023-4, HPPA No. 2023-10 – C.P. Johnson House (2028 N.
Greenleaf Street)
November 2, 2023
Submitted By:
Andrea Heywood, Associate Planner
Approved By:
Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency
Historic Resources Commission 2 – 6 11/2/2023
City Council 22 – 26 1/16/2024
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.
2023-19 TO PLACE THE PROPERTY LOCATED AT 2028
NORTH GREENLEAF STREET, SANTA ANA, ON THE
HISTORICAL REGISTER AND APPROVING HISTORIC
REGISTER CATEGORIZATION NO. 2023-04 PLACING
SAID PROPERTY WITHIN THE KEY CATEGORY
BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION 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 November 2, 2023, the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2023-19) and categorization (Historic Resources Commission Categorization No. 2023-4) of the C.P. Johnson House located at 2028 North Greenleaf Street, Santa Ana.
B. The C.P. Johnson House has distinctive architectural features of the Tudor Revival style and was built in 1928.
C. The C.P. Johnson 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 multi-gable roof; asymmetrical primary facade dominated by one prominent front-facing steeply pitched gable; tall, narrow windows in multiple groups with multipane glazing; arched entrance door; prominent chimney; among other original 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 a steeply-pitched multi-gable roof; multi-light wood windows; and an arched front door, among other original features.
Character-defining features of the C.P. Johnson House include, but may not be limited to: Irregular-shaped building footprint and massing; asymmetrical primary façade; complex roof form with multi-gable roof system featuring Historic Resources Commission 2 – 7 11/2/2023
City Council 22 – 27 1/16/2024
FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2023-XX
steeply pitched gables and dormers; large, side-gabled roof visible at the primary façade that is reflective of the French Eclectic style; central chimney; sand finish stucco siding; open brick patio at primary façade; primary entrance within a steeply pitched front-facing gable, that features an arched wood door with an arched, operable light behind decorative wrought-iron grille and metal hardware; all original wood windows throughout which are primarily multi-pane casement and double-hung style, as well as a single, leaded glass window; hood moldings; projecting angles within the roof and often above windows; detached garage; and front yard lawn with landscaping including mature trees and shrubs.
D. The legal owners of the property are Charles William Lake and Julie S.
Lake, as Trustees of the Charles William Lake and Julie S. Lake 2002 Family Trust Dated September 20, 2002.
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 Properties pursuant to Section 30-2 of the Santa Ana Municipal Code.
G. The subject property meets the minimum 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 standards for 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 to preserve historical resources.
Categorical Exemption No. ER-2023-105 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. 2023-19 to place the C.P.
Johnson House located at 2028 North Greenleaf Street, Santa Ana, 92706 on the historical register, and
B. Historic Register Categorization No. 2023-4 placing the C.P. Johnson House located at 2028 North Greenleaf Street, Santa Ana, 92706 within the 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.
Historic Resources Commission 2 – 8 11/2/2023
City Council 22 – 28 1/16/2024
FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2023-XX
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 2
nd day of November, 2023.
__________________________
Tim Rush
Chairperson
Historic Resources Commission 2 – 9 11/2/2023
City Council 22 – 29 1/16/2024
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 November 2, 2023.
Date: ________________ ____________________________________ Nuvia Ocampo
Commission Secretary
City of Santa Ana
Historic Resources Commission 2 – 10 11/2/2023
City Council 22 – 30 1/16/2024
FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2023-XX
EXHIBIT A
LEGAL DESCRIPTION
APN Address Legal Description Owner Names
002-081-22 2028 North Greenleaf
Street
THE LAND REFERRED TO
HEREIN BELOW IS SITUATED
IN THE COUNTY OF ORANGE,
STATE OF CALIFORNIA, AND
IS DESCRIBED AS FOLLOWS:
LOT 6 AND THE NORTH 3
FEET OF LOT 7 OF TRACT
NO. 813, IN THE CITY OF
SANTA ANA, COUNTY OF
ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON
A MAP RECORDED IN BOOK
25 PAGE 3 OF
MISCELLANEOUS MAPS,
RECORDS OF ORANGE
COUNTY CALIFORNIA.
Charles William
Lake and Julie S.
Lake, as
Trustees of the
Charles William
Lake and Julie S.
Lake 2002
Family Trust
Dated
September 20,
2002
Historic Resources Commission 2 – 11 11/2/2023
City Council 22 – 31 1/16/2024
FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2023-XX
EXHIBIT B
Conditions of Approval for Historic Resources Commission Application No. 2023-19 and Historic Resources Commission Categorization No. 2023-4 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 2028 North Greenleaf Street, historically known as the C.P. Johnson 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 and side gable roofs, wood windows, and smooth stucco siding) are visible from the public right-of-way.
Historic Resources Commission 2 – 12 11/2/2023
City Council 22 – 32 1/16/2024
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 Charles William Lake and Julie S. Lake, as Trustees of the Charles William Lake and Julie S. Lake 2002 Family Trust Dated September 20, 2002, (hereinafter collectively referred to as “Owner”), owner of real property located at 2028 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 the “Mills Act”) to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity.
B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2028 North Greenleaf Street, Santa Ana, CA, 92706 and more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference, and hereinafter referred to as the “Historic Property”.
C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code.
D. 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.
Historic Resources Commission 2 – 13 11/2/2023
City Council 22 – 33 1/16/2024
MILLS ACT AGREEMENT
2028 North Greenleaf Street
Santa Ana, CA 92706
- 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 January 17, 2024, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below.
2. Renewal.
a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein.
b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party.
Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein.
c. Within 30 days from receipt of City’s notice of nonrenewal, the Owner may file a written protest of City’s decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply.
3. Standards and Conditions for Historic Property.
During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions:
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 characterdefining features described in the “Executive Summary” attached hereto, marked as Exhibit B1, and “Historical Property Description” attached hereto, marked as Exhibit B2, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, Historic Resources Commission 2 – 14 11/2/2023
City Council 22 – 34 1/16/2024
MILLS ACT AGREEMENT
2028 North Greenleaf Street
Santa Ana, CA 92706
- 3 -
and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City.
b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State 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 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 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 discussed in detail in Exhibit D, “Proposed Structure Improvements.” Repair of the leaded glass window, roof repairs as needed, and general window maintenance/repair work, shall be finalized within the first five years of the Mills Act Agreement, with all other work items 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.
Historic Resources Commission 2 – 15 11/2/2023
City Council 22 – 35 1/16/2024
MILLS ACT AGREEMENT
2028 North Greenleaf Street
Santa Ana, CA 92706
- 4 -
4. Furnishing of Information.
The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement.
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 has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 ½) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement.
b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled 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 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.
Historic Resources Commission 2 – 16 11/2/2023
City Council 22 – 36 1/16/2024
MILLS ACT AGREEMENT
2028 North Greenleaf Street
Santa Ana, CA 92706
- 5 -
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 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.
7. Binding effect of Agreement.
a. Owner hereby subjects the Historic Property, located at 2028 North Greenleaf Street, Assessor Parcel Number, 002-081-22, 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 Properties (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 listed 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 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 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
Historic Resources Commission 2 – 17 11/2/2023
City Council 22 – 37 1/16/2024
MILLS ACT AGREEMENT
2028 North Greenleaf Street
Santa Ana, CA 92706
- 6 -
Attn: Clerk of the Council
Owners: Charles William Lake and Julie S. Lake, as Trustees of the Charles William Lake and Julie S. Lake 2002 Family Trust Dated September 20, 2002 Attn: Charles William Lake and Julie S. Lake
2028 North Greenleaf Street
Santa Ana, CA 92706
10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise.
b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, 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 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 any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney’s fees to be fixed by the court, in addition to court costs and other relief ordered by the court.
f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby.
Historic Resources Commission 2 – 18 11/2/2023
City Council 22 – 38 1/16/2024
MILLS ACT AGREEMENT
2028 North Greenleaf Street
Santa Ana, CA 92706
- 7 -
g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County.
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}
Historic Resources Commission 2 – 19 11/2/2023
City Council 22 – 39 1/16/2024
MILLS ACT AGREEMENT
2028 North Greenleaf Street
Santa Ana, CA 92706
- 8 -
ATTEST: CITY OF SANTA ANA
________________________ _________________________
JENNIFER L. HALL STEVEN A. MENDOZA
City Clerk Acting City Manager
OWNERS
Date: ___________________ By:__________________
CHARLES WILLIAM LAKE
Trustee, Charles William Lake and Julie S.
Lake 2002 Family Trust
Dated September 20, 2002
Date: ___________________ By:__________________
JULIE S. LAKE
Trustee, Charles William Lake and Julie S.
Lake 2002 Family Trust
Dated September 20, 2002
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
Historic Resources Commission 2 – 20 11/2/2023
City Council 22 – 40 1/16/2024
MILLS ACT AGREEMENT
2028 North Greenleaf Street
Santa Ana, CA 92706
- 9 -
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOT 6 AND THE NORTH 3 FEET OF LOT 7 OF TRACT NO. 813, IN THE CITY OF
SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 25 PAGE 3 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY CALIFORNIA.
Assessor’s Parcel Number: 002-081-22
Historic Resources Commission 2 – 21 11/2/2023
City Council 22 – 41 1/16/2024
EXECUTIVE SUMMARY
C.P. Johnson House
2028 North Greenleaf Street
Santa Ana, CA 92706
NAME C.P. Johnson House REF. NO.
ADDRESS 2028 North Greenleaf Street
CITY Santa Ana ZIP 92706 ORANGE COUNTY
YEAR BUILT 1928 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 C.P. Johnson 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.
Historic Resources Commission 2 – 22 11/2/2023
City Council 22 – 42 1/16/2024
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) C.P. Johnson 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 2028 North Greenleaf Street City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor’s Parcel Number 002-081-22 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The C.P. Johnson House is a one-story-with-attic, 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 exhibits an irregularshaped plan with a complex, multi-gable roof system clad in asphalt shingles. The primary (east) façade contains a steeply pitched front gable crossed with and a side-gable that has a tiered roofline. Its steeply pitched roof form is reflective of the French Eclectic style. A central, stucco-clad chimney that is capped with lattice and asphalt shingle roofing, and a single vent contained within a decorative dormer, are both located at the primary (east) façade. The exterior of the house is clad in sand finish stucco. An open brick patio at the primary (east) facade contains the primary entrance, which is located within a smaller, steeply pitched front gable (Figure 2). The main entrance is composed of a round wooden door featuring vertical panels and has an operable arched window behind 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 and HP4. Ancillary building *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date)
(Figure 1) Primary (East) elevation,
view west, August 2023
*P6. Date Constructed/Age and
Sources: historic
1928/ City of Santa Ana Building
Permits
*P7. Owner and Address:
Charles and Julie Lake
2028 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:
November 2, 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
Historic Resources Commission 2 – 23 11/2/2023
City Council 22 – 43 1/16/2024
State of California The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________
BUILDING, STRUCTURE, AND OBJECT RECORD
*Resource Name or #: C.P. Johnson House
B1. Historic Name: C.P. Johnson 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):
August 3, 1928. Permit to construct a residence and garage. $6,500.
September 18, 1933. Rebuild chimney. $10.
February 15, 1961. Swimming pool. $2,500.
August 17, 1967. Add to residence (3 rooms and bath). $5,000.
July 16, 1998. Reroof.
Unknown. Alterations to the detached garage’s siding.
*B7. Moved? No Yes Unknown Date:__________ Original location:_______ _______ *B8. Related Features: Swimming pool, detached garage, open patio at front façade, front yard circular brick planters, and two cypress trees with manicured hedges and bushes in front yard.
B9a. Architect: Unknown b. Builder: Unknown
*B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1928 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 C.P. Johnson 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 1928 for approximately $6,500, for C.P. Johnson; however, the original architect and builder are unknown. From 1929-1930, the subject property was occupied by W. W. Ross. Between 1931 to 1934, L.A. Turner owned and occupied the property. City Directories list Mrs. Matz Turner as the property owner in 1935.
R.W. Ashley occupied the property between 1936 and 1937. From 1938 to 1941, W. F. Graves owned the property. No records were available between 1942 and 1944. In 1945, the owner is listed as E.S. Ulves. The 1946 City Directory was not available. The owner is S.A.Young is listed between the years 1947 and 1954. (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: None
*B14. Evaluator: Andrea Dumovich Heywood, City of Santa Ana. *Date of Evaluation: November 2, 2023
DPR 523B (1/95)
Sketch Map
(This space reserved for official comments.)
C.P. Johnson House
2028 North Greenleaf Street
N
Historic Resources Commission 2 – 24 11/2/2023
City Council 22 – 44 1/16/2024
State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________
*Recorded by Andrea Dumovich Heywood *Date November 2, 2023 Continuation Update DPR 523L
*P3a. Description (continued):
Fenestration on the primary (east) façade moving south to north includes a pair of multi-light casement wood windows below the primary front gable; a single, wood-framed leaded-glass square window adjacent to the primary façade; a single, fixed narrow window with decorative exterior wooden bars; and a larger fixed wood window flanked by multi-light casement wood windows (Figure 4). The north, south, and rear (west) façade fenestration pattern is composed of a mix of single, double, and triple casement, multi-light wood windows; multi-light single and double wood doors; along with casement, single, and doublehung wood windows (Figure 5). Three dormers are located at the south side façade, one dormer is at the north side façade, and two dormers are along the rear (west) façade. Second story dormers along the secondary and rear facades contain paired multi-light casement wood windows, with the exception of a single fixed wood window on the smaller south side dormer (Figure 6). All original windows throughout include a prominent wood window sill.
Additional architectural features include a low, stucco-clad wall with asphalt shingle coping that partially encloses the open patio at the primary (east) façade; a rear porch covered by a canvas canopy at the rear (west) façade featuring metal railing and a raised platform; a secondary, stucco-clad chimney along the north façade; hood moldings; pronounced and projecting angles within the roof and often above windows; window canopies; a horizontal slat vent at the primary façade’s main gable; and round vents at each dormer’s gable end (except for the small, middle dormer at the south façade). The rear yard contains a single-story detached garage and a rear pool. The garage’s primary (east) façade is designed with wide horizontal siding and a wood garage door, and the north (side) façade features narrow horizontal siding with a single wood window and door (Figure 7). The property is landscaped with a front lawn, two round brick planters, manicured hedges and shrubs, and medium-sized trees including two Italian Cypress trees. Brick lines the driveway and open patio at the primary (east) façade. *B10. Significance (continued):
By 1955, H.W. McKague owned the property. No owner/occupant records were available between 1956 and 1959. From 1960 to 1962, E.H. Wilhelmi is listed as the owner. City directories are unavailable between 1963 - 1979. In 1980 and 1985, the owner is not listed in directories. Grey and Melissa Figge owned the property in Circa 1988. The present-day owners, Charles and Julie Lake, have owned the property since 1989. In 2011, the property's ownership was transferred to a family trust, however Mr. and Mrs. Lake continue to reside in the property. No additional information was uncovered regarding the past owners and tenants.
The C.P. Johnson 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 C.P. Johnson 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 $6,500 to build in 1928. 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 C.P. Johnson House include, but may not be limited to: Irregular-shaped building footprint and massing; asymmetrical primary façade; complex roof form with multigable roof system featuring steeply pitched gables and dormers; large, side-gabled roof visible at the primary façade that is reflective of the French Eclectic style; central chimney; sand finish stucco siding; open brick patio at primary façade; primary entrance within a steeply pitched front-facing gable, that features an arched wood door with an arched, operable light behind Historic Resources Commission 2 – 25 11/2/2023
City Council 22 – 45 1/16/2024
State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________
*Recorded by Andrea Dumovich Heywood *Date November 2, 2023 Continuation Update DPR 523L
decorative wrought-iron grille and metal hardware; all original wood windows throughout which are primarily multi-pane casement and double-hung style, as well as a single, leaded glass window; hood moldings; projecting angles within the roof and often above windows; detached garage; and front yard lawn with landscaping including mature trees and shrubs. *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, 1928-2008.
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 2 – 26 11/2/2023
City Council 22 – 46 1/16/2024
State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________
*Recorded by Andrea Dumovich Heywood *Date November 2, 2023 Continuation Update DPR 523L
Additional Figures:
Figure 2. The primary entrance is located within a
smaller, steeply pitched front gable adjacent to a leaded glass window, facing west.
Figure 3. The main entrance has an operable arched
window behind a wrought iron decorative grill, facing
east.
Figure 4. A large fixed wood window flanked by multilight casement wood windows at the primary (east) façade, facing northwest.
Figure 5. Multi-light wood casement and fixed windows,
facing north.
Figure 6. Second story dormers at the south (side)
facade contain paired multi-light casement wood
windows, with the exception of a single fixed wood
window on the smaller dormer, facing northwest.
Figure 7. A single-story detached garage, facing
southwest.
Historic Resources Commission 2 – 27 11/2/2023
City Council 22 – 47 1/16/2024
MILLS ACT AGREEMENT
2028 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 2 – 28 11/2/2023
City Council 22 – 48 1/16/2024
MILLS ACT AGREEMENT
2028 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 2 – 29 11/2/2023
City Council 22 – 49 1/16/2024
Proposed Structure Improvements (“Work Plan”)
2028 North Greenleaf Street
Item Year Improvement
1 2025 Maintenance/repairs to windows
Repair leaded glass window
2 2026 Roof repairs as needed
3 2028 Exterior painting
4 2030 Electrical upgrades
Historic Resources Commission 2 – 30 11/2/2023
City Council 22 – 50 1/16/2024
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):
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NUVIA OCAMPO
CITY OF SANTA ANA/PLANNING & BUILDING AGENCY
20 CIVIC CENTER PLAZA 2ND FLR
SANTA ANA, CA 92702
GPN GOVT PUBLIC NOTICE
2028 N Greenleaf
10/23/2023
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BUSINESS JOURNAL, RIVERSIDE (951) 784-0111
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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
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Notice Type:
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COPY OF NOTICE
3750496
!A000006434976!
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 decisionmaking 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: 2028 North Greenleaf
Street located within the Single Family
Residential (R1) Zoning District.
Project Applicant: Charles William Lake
and Julie S. Lake (Property Owner &
Applicant)
Project Description: The applicants are
requesting approval of Historic Resources
Commission Application No. 2023-19,
Historic Register Categorization No. 2023-
04, and Historic Property Preservation
Agreement No. 2023-10, to allow the
placement and categorization in the Santa
Ana Register of Historical Properties as
“Key” for the above mentioned property
and to designate an existing Tudor
Revival style residence to the Santa Ana
Register of Historical Properties, as well
as approval to execute a Mills Act
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. ER2023-105 will be filed for this project.
Meeting Details: This matter will be heard on Thursday, November 2, 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.santaana.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 3:30 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://santaana.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. You can also contact Pedro Gomez
with the Planning and Building Agency at
[email protected] or 714-667-
2790.
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.
10/23/23
OR-3750496#
Historic Resources Commission 2 – 31 11/2/2023
City Council 22 – 51 1/16/2024
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
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: 2028 North Greenleaf Street located within the Single Family Residential (R1) Zoning District.
Project Applicant: Charles William Lake and Julie S. Lake (Property Owner & Applicant) Project Description: The applicants are requesting approval of Historic Resources Commission Application No. 2023-19, Historic Register Categorization No. 2023-04, and Historic Property Preservation Agreement No. 2023-10, to allow the placement and categorization in the Santa Ana Register of Historical Properties as “Key” for the above mentioned property and to designate an existing Tudor Revival style residence to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act 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-2023-105 will be filed for this project.
Meeting Details: This matter will be heard on Thursday, November 2, 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 3:30 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. You can also contact Pedro Gomez with the Planning and Building Agency at [email protected] or 714-667-2790.
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 Historic Resources Commission 2 – 32 11/2/2023 City Council 22 – 52 1/16/2024 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.
Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627.
Historic Resources Commission 2 – 33 11/2/2023
City Council 22 – 53 1/16/2024
Historic Resources Commission 2 – 34 11/2/2023
City Council 22 – 54 1/16/2024
Historic Resources Commission 2 – 35 11/2/2023
City Council 22 – 55 1/16/2024
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 Daniel Taylor and Robbyn Taylor, Husband and Wife as Joint Tenants, (hereinafter collectively referred to as “Owner”), owner of real property located at 1607 North Freeman 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 the “Mills Act”) to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity.
B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 1607 North Freeman Street, Santa Ana, CA, 92706 and more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference, and hereinafter referred to as the “Historic Property”.
C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code.
D. 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 3 City Council 22 – 56 1/16/2024
MILLS ACT AGREEMENT
1607 North Freeman Street
Santa Ana, CA 92706
- 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 January 17, 2024, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below.
2. Renewal.
a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein.
b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party.
Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein.
c. Within 30 days from receipt of City’s notice of nonrenewal, the Owner may file a written protest of City’s decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply.
3. Standards and Conditions for Historic Property.
During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions:
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 characterdefining features described in the “Executive Summary” attached hereto, marked as Exhibit B1, and “Historical Property Description” attached hereto, marked as Exhibit B2, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, City Council 22 – 57 1/16/2024
MILLS ACT AGREEMENT
1607 North Freeman Street
Santa Ana, CA 92706
- 3 -
and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City.
b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State 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 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 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 discussed in detail in Exhibit D, “Proposed Structure Improvements.” The front door replacement shall be finalized within the first five years of the Mills Act Agreement, with all other work items 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.
City Council 22 – 58 1/16/2024
MILLS ACT AGREEMENT
1607 North Freeman Street
Santa Ana, CA 92706
- 4 -
4. Furnishing of Information.
The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement.
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 has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 ½) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement.
b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled 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 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.
City Council 22 – 59 1/16/2024
MILLS ACT AGREEMENT
1607 North Freeman Street
Santa Ana, CA 92706
- 5 -
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 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.
7. Binding effect of Agreement.
a. Owner hereby subjects the Historic Property, located at 1607 North Freeman Street, Assessor Parcel Number, 405-313-05, 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 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 Properties (Register). 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 listed on the City’s historic Register.
8. No Compensation.
Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to 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
City Council 22 – 60 1/16/2024
MILLS ACT AGREEMENT
1607 North Freeman Street
Santa Ana, CA 92706
- 6 -
Owners: Daniel and Robbyn Taylor
1607 North Freeman Street
Santa Ana, CA 92706
10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise.
b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, 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 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 any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney’s fees to be fixed by the court, in addition to court costs and other relief ordered by the court.
f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby.
g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County.
City Council 22 – 61 1/16/2024
MILLS ACT AGREEMENT
1607 North Freeman Street
Santa Ana, CA 92706
- 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}
City Council 22 – 62 1/16/2024
MILLS ACT AGREEMENT
1607 North Freeman Street
Santa Ana, CA 92706
- 8 -
ATTEST: CITY OF SANTA ANA
________________________ _________________________
JENNIFER L. HALL STEVEN A. MENDOZA
City Clerk Acting City Manager
OWNERS
Date: ___________________ By:__________________
DANIEL TAYLOR
Date: ___________________ By:__________________
ROBBYN TAYLOR
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 22 – 63 1/16/2024
MILLS ACT AGREEMENT
1607 North Freeman Street
Santa Ana, CA 92706
- 9 -
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
LOT 16 OF TRACT NO. 1228, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 38, PAGE(S) 42 OF
MISCELLANEOUS OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY.
Assessor’s Parcel Number: 405-313-05
City Council 22 – 64 1/16/2024
EXECUTIVE SUMMARY
Rogers-Mansfield House
1607 North Freeman Street
Santa Ana, CA 92706
NAME Rogers-Mansfield House REF. NO.
ADDRESS 1607 North Freeman Street
CITY Santa Ana ZIP 92706 ORANGE COUNTY
YEAR BUILT 1948 LOCAL REGISTER CATEGORY: Key
HISTORIC DISTRICT N/A NEIGHBORHOOD Washington Square
CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: Not for Publication Unrestricted
Prehistoric Historic Both
ARCHITECTURAL STYLE: Minimal Traditional
During the Great Depression through the immediate postwar years, the Minimal Traditional home rose in popularity as the preferred style for middle-class housing in the United States. This basic house type fulfilled both aesthetic and social needs: in terms of aesthetics, the form represented a stripped-down version of the historic-eclectic styles popular in the 1920s, in particular the Tudor and English Revival styles. In social terms, the Minimal Traditional home satisfied requirements in square footage and plan by the Federal Housing Administration (FHA), which launched a campaign in this period to expand home ownership. The Minimal Traditional home served as the prototype used by the FHA in its efforts to codify and manufacture “a standard, low-cost, minimum house that the majority of American wage earners could afford” (Greg Hise, Magnetic Los Angeles, p. 57). Minimal Traditional homes are typically rectangular in plan and onestory in height, often with a front-gabled wing and prominent attached chimney. In contrast with the English and Tudor Revival styles the one-story version mimics, the Minimal Traditional home is capped with a low or intermediate pitch roof with a hipped or side gable. Sheathing materials include stucco, brick, or wood, often accompanied by stone veneer accents. Fenestration generally consists of multi-light casement, double-hung, and picture windows with wood frames.
The eaves and rakes of the Minimal Traditional home are typically shallow (in a departure from the later Ranch House style, which they often resemble). Although they have little applied ornament, many Minimal Traditional homes often display decorative wood shutters and porch-roof supports.
SUMMARY/CONCLUSION:
The Rogers-Mansfield House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Minimal Traditional style home in Santa Ana. The recommended categorization is “Key” because it has a distinctive architectural style and quality reflective of the Minimal Traditional style, along with rare wood shingle siding (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
City Council 22 – 65 1/16/2024
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) Rogers-Mansfield 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 1607 North Freeman Street City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor’s Parcel Number 405-313-05 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The Rogers-Mansfield House is a one-story, single-family, Minimal Traditional Style residence located on a modestly sized parcel in Santa Ana’s Washington Square neighborhood (Figure 1). The residence exhibits an L-shaped plan with a mediumpitch roof clad in replacement asphalt shingles and shallow eaves. While primarily side-gabled, a front-gable projects at the primary (west) façade along with a flat front porch roof projection. The exterior of the house is clad in wood shingles. Wood windows with a prominent wood window sill and trim are located on all building facades (Figure 2). (See Continuation Sheet 3 of 5.)
*P3b. Resource Attributes: (list attributes and codes) HP2. Single-Family Residence and HP4. Ancillary building *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date)
(Figure 1) Primary (west) elevation,
view east, August 2023
*P6. Date Constructed/Age and
Sources: historic
1948/ City of Santa Ana Building
Permits
*P7. Owner and Address:
Daniel and Robbyn Taylor
1607 North Freeman 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:
November 2, 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 22 – 66 1/16/2024
State of California The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________
BUILDING, STRUCTURE, AND OBJECT RECORD
*Resource Name or #: Rogers-Mansfield House
B1. Historic Name: Rogers-Mansfield House
B2. Common Name: Same
B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Minimal Traditional Style
*B6. Construction History: (Construction date, alterations, and date of alterations):
April 6, 1948. Permit to construct a five room residence and garage. $10,000.
Unknown date. Front door replacement.
*B7. Moved? No Yes Unknown Date:__________ Original location:_______ _______ *B8. Related Features: Detached garage, front and rear porches, and front yard landscaping with two mature trees B9a. Architect: Unknown b. Builder: Unknown
*B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1948 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 Rogers-Mansfield House is architecturally significant as an intact example of a Minimal Traditional style house in Santa Ana. According to City building records, it was built in 1948 for approximately $10,000, for Emmet C. Rogers; however, the original architect and builder are unknown. Emmet C. Rogers was a local contractor who sold lots and built homes in Santa Ana. Mr. Rogers only resided at the property for one year or less as John N Mansfield is listed as the owner by 1949. City Directories show Mr. Mansfield owned the property from 1949 until at least 1960. City Directories are unavailable between 1961-1979. Criss-Cross Directories between 1980 - 1998 show the subject address but do not include a property tenant or owner name. By 1999, the subject property was owned by Paul Williamson, who owned the property until at least 2008, the date of the last available directory. The current owners Daniel and Robbyn Taylor have owned and resided in the subject property since 2022. No additional information was uncovered regarding the past owners and tenants. (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: None
*B14. Evaluator: Andrea Dumovich Heywood, City of Santa Ana. *Date of Evaluation: November 2, 2023
DPR 523B (1/95) *Required information
Sketch Map
(This space reserved for official comments.)
Rogers-Mansfield House
1607 North Freeman Street
N
City Council 22 – 67 1/16/2024
State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________
*Recorded by Andrea Dumovich Heywood *Date November 2, 2023 Continuation Update DPR 523L
*P3a. Description (continued):
The front porch is supported by a single, slender wood post on a raised concrete platform accessible by two concrete steps.
The main entrance, located under the front porch, faces south and is composed of a four panel replacement door with four upper lights (Figure 3).
Fenestration on the primary (west) façade includes three window bays. The front gable displays a large, fixed wood window flanked by two double-hung wood windows with a four-over-four muntin pattern (Figure 4). Along the side-gable of the primary (west) façade is the same double-hung style window and muntin pattern in both paired and singular form. The north, south, and rear (east) façade window pattern is composed of a mix of one-over-one double-hung wood windows and fourover-four double-hung wood windows (Figure 5). The building’s southeast (rear) corner contains a covered porch supported by a slender wood post and a raised concrete platform. A single pedestrian wood door and upper light, located behind a metal security door, is tucked within the rear porch (Figure 6). Additional architectural features include a concrete driveway with a concrete path leading to the front porch, brick chimney at the north (side) façade, as well as vents at the gable ends.
The rear yard contains a single-story, detached garage clad in wood shingle siding to match the main residence. The garage features an asphalt shingle roof, metal roll-up garage door, and a single pedestrian wood door with an operable upper light (Figure 7). The property is landscaped with a front lawn, two mature trees, and rose bushes near the front porch. *B10. Significance (continued):
Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered on the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses.
The Rogers-Mansfield House is located in Washington Square, a neighborhood located northwest of the city center bounded by West Seventeenth Street on the north, West Civic Center Drive on the south, North Flower Street on the east, and North Bristol Street on the west. Most of this area was owned by the family of Jacob Ross, who had purchased portions of the Rancho Santiago de Santa Ana in 1868 and 1869. Walnuts and other crops were grown in the area during the late nineteenth and early twentieth centuries, with a few farmhouses, most notably the Ross-McNeal House at 1020 North Baker Street, dotting the landscape. By 1905, Baker and Towner were the only streets in the neighborhood, which extended from Hickey (now Civic Center) only as far as Washington and which contained only about a dozen homes. The status quo had not changed much by 1915, when a brick yard was located at the northern terminus of Olive Street at Hickey. In 1925, the beginning of the development that would convert this largely agricultural area into a middle class neighborhood of singlefamily homes over the next 25 years had begun. In the late 1920s and early 1930s, the Tudor Revival and Spanish Colonial Revival homes were the standard, with American Colonial Revival saltboxes and ranch style homes favored in the years before and after World War II. During the 1930s, many of the homes were built by local contractor Emmett Rogers, who sold lots and built homes according to standard plans, which individual property owners could customize to their tastes ("Washington Square: A Neighborhood of Pride," Washington Square Neighborhood Association). With the return of servicemen following the war and the accompanying demand for homes in southern California, the development of Washington Square was all but completed.
The Rogers-Mansfield House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Minimal Traditional style home in Santa Ana. Located in Washington Square, the house cost $10,000 to build in 1948. The recommended categorization is “Key” because it has a distinctive architectural style and quality reflective of the Minimal Traditional style, along with rare wood shingle siding (Santa Ana Municipal Code, Section 30-2.2). Characterdefining features of the Rogers-Mansfield House include, but may not be limited to: L-shaped plan; single-story massing; side-gable body with prominent front-gable; medium-pitch roof with shallow eaves; wood shingle siding; original wood windows with a prominent wood window sill and trim are located on all building facades; front and rear porch, each supported by a single wood post located on a raised concrete platform; main entrance located within front porch; brick chimney; overall lack of ornamentation; front yard lawn with landscaping including two mature trees; and a detached garage featuring wood shingle siding and a single pedestrian door with operable light. *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.
City Council 22 – 68 1/16/2024
State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________