Agenda packet — Santa Ana City Council, August 6, 2024 (part 3 of 9)

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Community Workforce Agreement 22 City of Santa Ana
regardless of source of manufacture or construction; assign and schedule work at their discretion; and
(f) Assign overtime, determine when it will be worked and the number and identity of employees engaged in such work, subject to such provisions in the applicable Master Labor Agreement (s) requiring such assignments be equalized or otherwise made in a nondiscriminatory manner.

Section 9.2 Specific City Rights In addition to the following and other rights of the City enumerated in this Agreement, the City expressly reserves its management rights and all the rights conferred on it by law. The City’s rights (and those of the Contract Administrator on its behalf) include but are not limited to the right to:
(a) Inspect any construction site or facility to ensure that the Contractor follows the applicable safety and other work requirements;
(b) Require Contractors to establish a different work week or shift schedule for particular employees as required to meet the operational needs of the Project Work at a particular location;
(c) At its sole option, terminate, delay and/or suspend any and all portions of the covered work at any time; prohibit some or all work on certain days or during certain hours of the day to accommodate the ongoing operations of the City’s Facilities and/or to mitigate the effect of ongoing Project Work on businesses and residents in the neighborhood of the Project site; and/or require such other operational or schedule changes it deems necessary, in its sole judgment, to effectively maintain its primary mission and remain a good neighbor to those in the area of its facilities. (In order to permit the Contractors and Unions to make appropriate scheduling plans, the City will provide the CWA Administrator, and the affected Contractor(s) and Union(s) with reasonable notice of any changes it requires pursuant to this section; provided, however, that if notice is not provided in time to advise employees not to report for work, show-up pay shall be due pursuant to the provision of Article 6, Section 6.6); (d) Approve any work methods, procedures and techniques used by Contractors whether or not these methods, procedures or techniques are part of industry practices or customs; and
(e) Investigate and process complaints, through the CWA Administrator, in the matter set forth in Articles 7 and 10.

Section 9.3 Use of Materials There should be no limitations or restriction by Union upon a Contractor’s choice of materials or design, nor, regardless of source or location, upon the full use and utilization, of equipment, machinery, packaging, precast, prefabricated, prefinished, or preassembled materials, tools or other labor saving devices, subject to the application of the State Public Contracts and Labor Codes as required by law. The onsite installation or application of such items shall be performed by the craft having jurisdiction over such work.

City Council

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Community Workforce Agreement 23 City of Santa Ana
Section 9.4 Special Equipment, Warranties and Guaranties

9.4.1 It is recognized that certain equipment of a highly technical and specialized nature may be installed at Project Work sites. The nature of the equipment, together with the requirements for manufacturer’s warranties, may dictate that it be prefabricated pre-piped and/or pre-wired and that it be installed under the supervision and direction of the City’s and/or manufacturer’s personnel. The Unions agree to install such equipment without incident.

9.4.2 The Parties recognize that the Contractor will initiate from time to time the use of new technology, equipment, machinery, tools, and other labor-savings devices and methods of performing Project Work. The Union agrees that they will not restrict the implementation of such devices or work methods. The Unions will accept and will not refuse to handle, install or work with any standardized and/or catalogue: parts, assemblies, accessories, prefabricated items, preassembled items, partially assembled items, or materials whatever their source of manufacture or construction.

9.4.3 If any disagreement between the Contractor and the Unions concerning the methods of implementation or installation of any equipment, or device or item, or method of work, arises, or whether a particular part or pre-assembled item is a standardized or catalog part or item, the work will precede as directed by the Contractor and the Parties shall immediately consult over the matter. If the disagreement is not resolved, the affected Union(s) shall have the right to proceed through the procedures set forth in Article 10.

Section 9.5 No Less Favorable Treatment The parties agree that Project Work will not receive less favorable treatment than that on any other project which the Unions, Contractors and employees work.

ARTICLE 10

SETTLEMENT OF GRIEVANCES AND DISPUTES
Section 10.1 Cooperation and Harmony on Site

10.1.1 This Agreement is intended to establish and foster continued close cooperation between management and labor. The Trades Council shall assign a representative to this Project for the purpose of assisting the local Unions, and working with the CWA Administrator, together with the Contractors, to complete the construction of the Project economically, efficiently, continuously and without any interruption, delays or work stoppages.

10.1.2 The CWA Administrator, the Contractors, Unions, and employees collectively and individually, realize the importance to all Parties of maintaining continuous and uninterrupted performance Project Work, and agree to resolve disputes in accordance with the grievance provisions set forth in this Article or, as appropriate, those of Article 7 or 8.

10.1.3 The CWA Administrator shall oversee the processing of grievances under this Article and Articles 7 and 8, including the scheduling and arrangements of facilities for meetings, selection of the arbitrator from the agreed-upon panel to hear the case, and any other administrative City Council

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Community Workforce Agreement 24 City of Santa Ana
matters necessary to facilitate the timely resolution of any dispute; provided, however, it is the responsibility of the principal parties to any pending grievance to insure the time limits and deadlines are met.

Section 10.2 Processing Grievances Any questions arising out of and during the term of this Agreement involving its interpretation and application, which includes applicable provisions of the Master Labor Agreement, but not jurisdictional disputes or alleged violations of Section 7.1 and 7.4 and similar provisions, shall be considered a grievance and subject to resolution under the following procedures.

Step 1. Employee Grievances When any employee subject to the provisions of this Agreement feels aggrieved by an alleged violation of this Agreement, the employee shall, through his local Union business representative or, job steward, within ten (10) working days after the occurrence of the violation, give notice to the work site representative of the involved Contractor stating the provision(s) alleged to have been violated. A business representative of the local Union or the job steward and the work site representative of the involved Contractor shall meet and endeavor to resolve the matter within ten (10) working days after timely notice has been given. If they fail to resolve the matter within the prescribed period, the grieving party may, within ten (10) working days thereafter, pursue Step 2 of this grievance procedure provided the grievance is reduced to writing, setting forth the relevant information, including a short description thereof, the date on which the alleged violation occurred, and the provision(s) of the Agreement alleged to have been violated. Grievances and disputes settled at Step 1 shall be non-precedential except as to the parties directly involved.

Union or Contractor Grievances Should the Union(s) or any Contractor have a dispute with the other Party(ies) and, if after conferring within ten (10) working days after the disputing Party knew or should have known of the facts or occurrence giving rise to the dispute, a settlement is not reached within five (5) working days, the dispute shall be reduced to writing and processed to Step 2 in the same manner as outlined in Step 1 above for the adjustment of an employee complaint.

Step 2. The business manager of the involved Union or his designee, together with the site representative of the involved Contractor, and the labor relations representative of the CWA Administrator, shall meet within seven (7) working days of the referral of the dispute to this second step to arrive at a satisfactory settlement thereof. If the Parties fail to reach an agreement, the dispute may be appealed in writing in accordance with the provisions of Step 3 within seven (7) calendar days after the initial meeting at Step 2.

Step 3. (a) If the grievance shall have been submitted but not resolved under Step 2, either the Union of Contractor Party may request in writing to the CWA Administrator (with copy(ies) to the other Party(ies) within seven (7) calendar days after the initial Step 2 meeting, that the grievance be submitted to an arbitrator selected from the agreed upon list in “Attachment (D)” attached hereto, on a rotational basis in the order listed. The CWA Administrator shall notify the parties to the grievance of the date, time and location of the hearing. The failure of any party to attend said hearing shall not delay the hearing of evidence or the issuance of any decision by the arbitrator. The decision of the arbitrator shall be final and binding on all parties.

City Council

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Community Workforce Agreement 25 City of Santa Ana
Should any party seek confirmation of the award made by the arbitrator, the prevailing party shall be entitled to receive its reasonable attorney fees and costs. (b) Failure of the grieving Party to adhere to the time limits established herein shall render the grievance null and void. The time limits established herein may be extended only by consent of the Parties involved at the particular step where the extension is agreed upon.

The arbitrator shall have the authority to make decisions only on issues presented and shall not have the authority to change, amend, add to or detract from any of the provisions of this Agreement.
(c) The fees and expenses incurred by the arbitrator, as well as those jointly utilized by the Parties (i.e. conference room, court reporter, etc.) in arbitration, shall be divided equally by the Parties to the arbitration, including Union(s) and Contractor(s) involved.

Section 10.3 Limit on Use of Procedures The procedures contained in this Article shall not be applicable to any alleged violation of Articles 7 or 8, with a single exception that any employee discharged for violation of Section 7.2, or Section 8.3, may resort to the procedures of this Article to determine only if he/she was, in fact, engaged in that violation.

Section 10.4 Notice The CWA Administrator (and the City, in the case of any grievance regarding the Scope of this Agreement), shall be notified by the involved Contractor of all actions at Steps 2 and 3, and further, the CWA Administrator shall, upon its own request, be permitted to participate fully as a party in all proceedings at such steps.

ARTICLE 11

REGULATORY COMPLIANCE
Section 11.1 Compliance with All Laws The Trades Council and all Unions, Contractors, and their employees shall comply with all applicable federal and state laws, ordinances and regulations including, but not limited to, those relating to safety and health, employment and applications for employment. All employees shall comply with the safety regulations established by the City, the CWA Administrator or the Contractor. Employees must promptly report any injuries or accidents to a supervisor.

Section 11.2 Prevailing Wage Compliance All Contractors shall comply with the state laws and regulations, as well as Santa Ana Municipal Code section 33-206 on prevailing wages.

Compliance with this obligation may be enforced by the appropriate parties through Article 10 above, or by pursing the remedies available under state law through the Labor Commissioner or the Department of Industrial Relations.

Section 11.3 Violations of Law Should there be a finding by a Court or administrative tribunal of competent jurisdiction that a Contractor has violated federal and/or state law or regulation, the City, upon notice to the Contractor that it or its subcontractors is in such violation (including any finding of non-compliance with the California prevailing wage obligations as enforced pursuant to DIR regulations), the City, and in the absence of the Contractor or subcontractor remedying such violation, may take such action as it is permitted by law or contract to encourage that City Council

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Community Workforce Agreement 26 City of Santa Ana
Contractor to come into compliance, including, but not limited to, assessing fines and penalties and/or removing the offending Contractor from Project Work.

ARTICLE 12

SAFETY AND PROTECTION OF PERSON AND PROPERTY
Section 12.1 Safety

12.1.1 It shall be the responsibility of each Contractor to ensure safe working conditions and employee compliance with any safety rules contained herein or established by the City or the Contractor, whichever is most restrictive shall apply. It is understood that employees have an individual obligation to use diligent care to perform their work in a safe manner and to protect themselves and the property of the Contractor and the City.

12.1.2 Employees shall be bound by the safety, security and visitor rules established by the Contractor and/or the City. These rules will be published and posted. An employee’s failure to satisfy his/her obligations under this section will subject him/her to discipline, up to and including discharge.

12.1.3 The Parties shall adopt the Substance Abuse Policy attached hereto as Attachment “E,” which shall be the policy and procedure utilized under this Agreement.

Section 12.2 Suspension of Work for Safety A Contractor may suspend all or a portion of the job to protect the life and safety of employees. In such cases, employees will be compensated only for the actual time worked; provided, however, that where the Contractor requests employees to remain at the site and be available for work, the employees will be compensated for stand-by time at their basic hourly rate of pay.

Section 12.3 Water and Sanitary Facilities The Contractor shall provide adequate supplies of drinking water and sanitary facilities for all employees as required by state law or regulation.

ARTICLE 13

TRAVEL AND SUBSISTENCE
Travel expenses, travel time, subsistence allowances, zone rates and parking reimbursements shall be paid in accordance with the applicable Master Labor Agreement unless superseded by the applicable prevailing wage determination.

ARTICLE 14

APPRENTICES
Section 14.1 Importance of Training The Parties recognize the need to maintain continuing support of the programs designed to develop adequate numbers of competent workers in the construction industry, the obligation to capitalize on the availability of the local work force in the area served by the City, and the opportunities to provide continuing work under the construction program. To these ends, the Parties will facilitate, encourage, and assist local residents City Council

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to commence and progress in Labor/Management Apprenticeship and/or training Programs in the construction industry leading to participation in such apprenticeship programs. The City and the Trades Council, will work cooperatively to identify, or establish and maintain, effective programs and procedures for persons interested in entering the construction industry and which will help prepare them for the formal joint labor/management apprenticeship programs maintained by the signatory Unions.

Section 14.2 Use of Apprentices

14.2.1 Apprentices used on Projects under this Agreement shall be registered in Joint Labor Management Apprenticeship Programs approved by the State of California. Apprentices may comprise up to thirty percent (30%) of each craft’s work force (calculated by hours worked) at any time, unless the standards of the applicable joint apprenticeship committee confirmed by the Division of Apprenticeship Standards (“DAS”), establish a lower or higher maximum percentage. Where the standards permit a higher percentage, such percentage shall apply on Project Work. Where the applicable standards establish a lower percentage, the applicable Union will use its best efforts with the Joint Labor Management apprenticeship committee and, if necessary, the DAS to permit up to thirty percent (30%) apprentices on the Project.

14.2.2 The Unions agree to cooperate with the Contractor in furnishing apprentices as requested up to the maximum percentage. The apprentice ratio for each craft shall be in compliance, at a minimum, with the applicable provisions of the Labor Code relating to utilization of apprentices. The City shall encourage such utilization, and, both as to apprentices and the overall supply of experienced workers, the CWA Administrator will work with the Trades Council to assure appropriate and maximum utilization of apprentices and the continuing availability of both apprentices and journey persons.

14.2.3 The Parties agree that apprentices will not be dispatched to Contractors working under this Agreement unless there is a journeymen working on the project where the apprentice is to be employed who is qualified to assist and oversee the apprentice’s progress through the program in which he is participating.

14.2.4 All apprentices shall work under the direct supervision of a journeyman from the trade in which the apprentice is indentured. A journeyman shall be defined as set forth in the California Code of Regulations, Title 8 [apprenticeship] section 205, which defines a journeyman as a person who has either completed an accredited apprenticeship in his or her craft, or has completed the equivalent of an apprenticeship in length and content of work experience and all other requirements in the craft which has workers classified as journeyman in the apprenticeable occupation. Should a question arise as to a journeyman’s qualification under this subsection, the Contractor shall provide adequate proof evidencing the worker’s qualification as a journeyman to the Trades Council.

City Council

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Community Workforce Agreement 28 City of Santa Ana
ARTICLE 15

WORKING CONDITIONS
Section 15.1 Meal and Rest Periods There will be no non-working times established during working hours except as may be required by applicable state law or regulations. Meal periods and Rest periods shall be as provided for in Wage Order 16. Individual coffee containers will be permitted at the employees’ work location; however, there will be no organized coffee breaks.

Section 15.2 Work Rules The City, the CWA Administrator, and/or relevant Contractor shall establish such reasonable work rules as they deem appropriate and not inconsistent with this Agreement. These rules will be posted at the work sites by the Contractor and may be amended thereafter as necessary. Failure to observe these rules and regulations by employees may be grounds for discipline up to and including discharge.

Section 15.3 Emergency Use of Tools and Equipment There should be no restrictions on the emergency use of any tools by any qualified employee or supervisor, or on the use of any tools or equipment for the performance of work within the jurisdiction, provided the employee can safely use the tools and/or equipment involved and is compliance with applicable governmental rules and regulations.

Section 15.4 Access Restrictions for Cars Recognizing the nature of the work being conducted on the site, employee access by a private automobile may be limited to certain roads and/or parking areas.

ARTICLE 16

PRE-JOB CONFERENCES
Section 16.1 Each Primary Contractor which is awarded a Construction Contract by the City for Project Work shall conduct a Pre-Job conference with the appropriate affected Union(s) prior to commencing work. All Contractors who have been awarded contracts by the Primary Contractor shall attend the Pre-Job conference. The Trades Council and the CWA Administrator shall be advised in advance of all such conferences and may participate if they wish. All work assignments shall be disclosed by the Primary Contractor and all Contractors at the Pre-Job conference in accordance with industry practice. Should there be any formal jurisdictional dispute raised under Article 8, the CWA Administrator shall be promptly notified. Primary Contractor shall have available at the Pre-Job conference the plans and drawing for the work to be performed on the Project. Should additional Project Work not previously included within the scope of the Project Work be added, the Contractors performing such work will conduct a separate pre-job for such newly included work.

ARTICLE 17

LABOR/MANAGEMENT COOPERATION
Section 17.1 Joint Committee The Parties to this Agreement may establish a six (6) person Joint Administrative Committee (JAC). This JAC shall be comprised of three (3) representatives selected by the City and three (3) representatives selected by the Trades Council to monitor City Council

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compliance with the terms and conditions of this Agreement and to recommend amendments to this Agreement, with the exception of the dollar threshold specified in Section 2.2(a) and the term of this Agreement under Section 22.1, when doing so would be to the mutual benefit of the Parties.

Each representative shall designate an alternate who shall serve in his or her absence for any purpose contemplated by this Agreement. A quorum will consist of at least two (2) representatives selected by the City and at least two (2) representatives selected by the Trades Council. For voting purposes, only an equal number of City and Union representatives present may constitute a voting quorum.

Section 17.2 Functions of Joint Committee The Committee shall meet on a schedule to be determined by the Committee or at the call of the joint chairs, to discuss the administration of the Agreement, the progress of the Project, general labor management problems that may arise, and any other matters consistent with this Agreement. Substantive grievances or disputes arising under Articles 7, 8 or 10 shall not be reviewed or discussed by this Committee, but shall be processed pursuant to the provisions of the appropriate Article. The CWA Administrator shall be responsible for the scheduling of the meetings, the preparation of the agenda topics for the meetings, with input from the Unions the Contractors and the City. Notice of the date, time and place of meetings, shall be given to the Committee members at least three (3) days prior to the meeting. The CWA Administrator shall prepare quarterly reports on apprentice utilization and the training and employment of City residents, and a schedule of Project Work and estimated number of craft workers needed. The Committee or an appropriate subcommittee, may review such reports and make any recommendations for improvement, if necessary, including increasing the availability of skilled trades, and the employment of local residents or other individuals who should be assisted with appropriate training to qualify for apprenticeship programs.

ARTICLE 18

SAVINGS AND SEPARABILITY
Section 18.1 Savings Clause It is not the intention of the City, the CWA Administrator, Contractor or the Union parties to violate any laws governing the subject matter of this Agreement.

The Parties hereto agree that in the event any provision of this Agreement is finally held or determined to be illegal or void as being in contravention of any applicable law or regulation, the remainder of the Agreement shall remain in full force and effect unless the part or parts so found to be void are wholly inseparable from the remaining portions of this Agreement. Further, the Parties agree that if and when any provision(s) of this Agreement is finally held or determined to be illegal or void by a court of competent jurisdiction, the Parties will promptly enter into negotiations concerning the substantive effect of such decision for the purposes of achieving conformity with the requirements of any applicable laws and the intent of the Parties hereto. If the legality of this Agreement is challenged and any form of injunctive relief is granted by any court, suspending temporarily or permanently the implementation of this Agreement, then the Parties agree that all Project Work that would otherwise be covered by this Agreement should be continued to be bid and constructed without application of this Agreement so that there is no delay or interference with the ongoing planning, bidding and construction of any Project Work.

Section 18.2 Effect of Injunctions or Other Court Orders The Parties recognize the right of the City to withdraw, at its absolute discretion, the utilization of the Agreement as part of any bid City Council

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specification should a Court of competent jurisdiction issue any order, or any applicable statute which could result, temporarily or permanently in delay of the bidding, awarding and/or construction on the Project. Notwithstanding such an action by the City, or such court order or statutory provision, the Parties agree that the Agreement shall remain in full force and the fact on covered Project Work to the maximum extent legally possible.

ARTICLE 19
WAIVER
A waiver of or a failure to assert any provisions of this Agreement by any or all of the Parties hereto shall not constitute a waiver of such provision for the future. Any such waiver shall not constitute a modification of the Agreement or change in the terms and conditions of the Agreement and shall not relieve, excuse or release any of the Parties from any of their rights, duties or obligations hereunder.

ARTICLE 20

AMENDMENTS
The provisions of this Agreement can be renegotiated, supplemented, rescinded or otherwise altered only by mutual agreement in writing, hereafter signed by the negotiating Parties hereto. In the event of any conflict or ambiguity between this Agreement and any Attachment or exhibit, the provisions of this Agreement shall govern.

ARTICLE 21

DURATION OF THE AGREEMENT
Section 21.1 Duration

21.1.1 This Agreement shall be effective from the date signed by all Parties and shall remain in effect for a period of ten (10) years. Any covered Project Work awarded during the term of this Agreement shall continue to be covered hereunder, until completion of the Project Work, notwithstanding the expiration date of this Agreement.

21.1.2 This Agreement may be extended by written mutual consent of the City, as directed by the City Council and the signatory Unions for such further periods as the Parties shall agree to.

Section 22.2 Turnover and Final Acceptance of Completed Work

22.2.1 Construction of any phase, portion, section, or segment of Project Work shall be deemed complete when such phase, portion, section or segment has been turned over to the City by the Contractor and the City has accepted such phase, portion, section, or segment. As areas and systems of the Project are inspected and construction-tested and/or approved and accepted by the City or third parties with the approval of the City, the Agreement shall have no further force or effect on such items or areas, except when the Contractor is directed by the City to engage and repairs or modifications required by its contract(s) with the City.

City Council

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22.2.2 Notice of each final acceptance received by the Contractor will be provided to the Trades Council with the description of what portion, segment, etc. has been accepted. Final acceptance may be subject to a “punch” list, and in such case, the Agreement will continue to apply to each such item on the list until it is completed to the satisfaction of the City and Notice of Completion is issued by the City or its representative to the Contractor. At the request of the Union, complete information describing any “punch” list work, as well as any additional work required of a Contractor at the direction of the City pursuant to Section 22.2.1 above, involving otherwise turned-over and completed facilities which have been accepted by the City, will be available from the CWA Administrator.

IN WITNESS whereof the Parties have caused this Community Workforce Agreement to be executed as of the date and year above stated.

CITY OF SANTA ANA LOS ANGELES/ORANGE COUNTIES

BUILDING & CONSTRUCTION

TRADES COUNCIL
By: _____________________________ By: ________________________________ Kristine Ridge Chris Hannan
City Manager Executive Secretary
ATTEST:

By: ________________________________
Jennifer L. Hall
City Clerk
APPROVED AS TO FORM:
______________________________
Jose Montoya
Assistant City Attorney
RECOMMENDED BY:
_______________________
Nabil Saba, P.E.

Executive Director Public Works
City Council

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Community Workforce Agreement 32 City of Santa Ana

LOS ANGELES/ORANGE COUNTIES BUILDING AND CONSTRUCTION

TRADES COUNCIL CRAFT UNIONS AND DISTRICT COUNCILS
Asbestos Heat & Frost Insulators (Local 5) __________________________________ Boilermakers (Local 92) __________________________________ Bricklayers & Allied Craftworkers (Local 4) __________________________________ Cement Masons (Local 500) __________________________________ District Council of Laborers __________________________________ Electricians (Local 441) __________________________________ Elevator Constructors (Local 18) __________________________________ Gunite Workers (Local 345) __________________________________ Iron Workers (Reinforced – Local 416) __________________________________ Iron Workers (Structural – Local 433) __________________________________ Laborers (Local 300) (remediation) __________________________________ Laborers (Local 652) __________________________________ Operating Engineers (Local 12) __________________________________ Operating Engineers (Local 12) __________________________________ Operating Engineers (Local 12) __________________________________ Painters & Allied Trades DC 36 __________________________________ Pipe Trades (Local 250) __________________________________ Pipe Trades (Local 345) __________________________________ Pipe Trades (Plumbers/Fitters Local 582) __________________________________ Pipe Trades (Sprinkler Fitters Local 709) __________________________________ Plasterers (Local 200) __________________________________ Plaster Tenders Local (1414) __________________________________ Roofers & Waterproofers (Local 220) __________________________________ Sheet Metal Workers (Local 105) __________________________________ Teamsters (Local 986) __________________________________ Southwest Mountain States
Regional Council of Carpenters _________________________________ City Council

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ATTACHMENT A – LETTER OF ASSENT
To be signed by all contractors awarded work covered by the City of Santa Ana Community Workforce Agreement prior to commencing work. [Contractor’s Letterhead]
CWA Administrator
City of Santa Ana
1234 address
City, state, zip code
Attn: __________________
Re: Community Workforce Agreement - Letter of Assent
Dear Sir:

This is to confirm that [name of company] agrees to be party to and bound by the City of Santa Ana Community Workforce Agreement effective June 6, 2023, as such Agreement may, from time to time, be amended by the negotiating parties or interpreted pursuant to its terms. Such obligation to be a party and bound by this Agreement shall extend to all work covered by the agreement undertaken by this Company on the project and this Company shall require all of its contractors and subcontractors of whatever tier to be similarly bound for all work within the scope of the Agreement by signing and furnishing to you an identical letter of assent prior to their commencement of work.

Sincerely.
[Name of Construction Company]
By: [_____________________] Name and Title of Authorized Executive Contractor State License No.: ______________________________ [Copies of this letter must be submitted to the CWA Administrator and to the Trades Council Consistent with Section 2.6 (b).]
City Council

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Community Workforce Agreement 34 City of Santa Ana

ATTACHMENT B

FIRST TIER ZIP CODES (CITY BOUNDARY)
*Some Zip Codes shared with neighboring cities
92701
92702
92703
92704
92705
92706
92707
92711
92712
92725
92735
92799
*92866
*92868
City Council

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Community Workforce Agreement 35 City of Santa Ana
ATTACHMENT B – Continued

SECOND TIER ZIP CODES

REMAINDER OF ORANGE COUNTY,
Zip
Code City
90620 Buena Park
90621 Buena Park
90622 Buena Park
90623 La Palma
90624 Buena Park
90630 Cypress
90631 La Habra
90632 La Habra
90633 La Habra
90680 Stanton
90720 Los Alamitos
90721 Los Alamitos
90740 Seal Beach
90742 Sunset Beach
90743 Surfside
92602 Irvine
92603 Irvine
92604 Irvine
92605 Huntington
Beach
92606 Irvine
92607 Laguna Niguel
92609 El Toro
92610 Foothill Ranch
92612 Irvine
92614 Irvine
92615 Huntington
Beach
92616 Irvine
92617 Irvine
92618 Irvine
92619 Irvine
92620 Irvine
92623 Irvine
92624 Capistrano
Beach
92625 Corona Del Mar
92626 Costa Mesa
92627 Costa Mesa
92628 Costa Mesa
92629 Dana Point
92630 Lake Forest
92637 Laguna Woods
92646 Huntington
Beach
92647 Huntington
Beach
92648 Huntington
Beach
92649 Huntington
Beach
92650 East Irvine
92651 Laguna Beach
92652 Laguna Beach
92653 Laguna Hills
92654 Laguna Hills
92655 Midway City
92656 Aliso Viejo
92657 Newport Coast
92658 Newport Beach
92659 Newport Beach
92660 Newport Beach
92661 Newport Beach
92662 Newport Beach
92663 Newport Beach
92672 San Clemente
92673 San Clemente
92674 San Clemente
92675 San Juan
Capistrano
92676 Silverado
92677 Laguna Niguel
92678 Trabuco
Canyon
92679 Trabuco
Canyon
City Council

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Community Workforce Agreement 36 City of Santa Ana
92683 Westminster
92684 Westminster
92685 Westminster
92688 Rancho Santa
Margarita
92690 Mission Viejo
92691 Mission Viejo
92692 Mission Viejo
92693 San Juan
Capistrano
92694 Ladera Ranch
92697 Irvine
92698 Aliso Viejo
92708 Fountain Valley
92709 Irvine
92710 Irvine
92728 Fountain Valley
92780 Tustin
92781 Tustin
92782 Tustin
92801 Anaheim
92802 Anaheim
92803 Anaheim
92804 Anaheim
92805 Anaheim
92806 Anaheim
92807 Anaheim
92808 Anaheim
92809 Anaheim
92811 Atwood
92812 Anaheim
92814 Anaheim
92815 Anaheim
92816 Anaheim
92817 Anaheim
92821 Brea
92822 Brea
92823 Brea
92825 Anaheim
92831 Fullerton
92832 Fullerton
92833 Fullerton
92834 Fullerton
92835 Fullerton
92836 Fullerton
92837 Fullerton
92838 Fullerton
92840 Garden Grove
92841 Garden Grove
92842 Garden Grove
92843 Garden Grove
92844 Garden Grove
92845 Garden Grove
92846 Garden Grove
92850 Anaheim
92856 Orange
92857 Orange
92859 Orange
92861 Villa Park
92862 Orange
92863 Orange
92864 Orange
92865 Orange
92866 Orange
92867 Orange
92868 Orange
92869 Orange
92870 Placentia
92871 Placentia
92885 Yorba Linda
92886 Yorba Linda
92887 Yorba Linda
92899 Anaheim
City Council

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ATTACHMENT C

CITY OF SANTA ANA

CRAFT REQUEST FORM
TO THE CONTRACTOR: Please complete and fax this form to the applicable union to request craft workers that fulfill the hiring requirements for this project. After faxing your request, please call the Local to verify receipt and substantiate their capacity to furnish workers as specified below. Please print your Fax Transmission Verification Reports and keep copies for your records.

The City of Santa Ana Community Workforce Agreement establishes a goal that 30% of the total work hours shall be:

First, from qualified workers residing in those in those U. S. Postal Service zip codes which overlap all of the City of Santa Ana, as set forth in Attachment B and veterans, regardless of where they reside (Tier 1); and, Second, qualified workers residing within Orange County and individuals who have successfully completed the Building Trades Multi-Craft Core Curriculum Pre-Apprenticeship Program, regardless of where they reside.

For Dispatch purposes, employees residing within either of these two (2) tiers, as well as Veterans and individuals who have successfully completed the Building Trades Multi-Craft Core Curriculum Pre-Apprenticeship Program, regardless of where they reside, shall be referred to as Local Residents.

TO THE UNION: Please complete the “Union Use Only” section on the next page and fax this form back to the requesting Contractor. Be sure to retain a copy of this form for your records.

CONTRACTOR USE ONLY
To: Union Local # Fax# ( ) Date:

Cc: CWA Administrator
From: Company: Issued By:

Contact Phone :( ) Contact Fax: ( )
PLEASE PROVIDE ME WITH THE FOLLOWING UNION CRAFT WORKERS.

Craft Classification
( i.e., plumber, painter,
etc.)
Journeyman
or
Apprentice
Local Resident,
Veteran
or
General Dispatch
Number
of
workers
needed
Report Date Report Time
TOTAL WORKERS REQUESTED = ______________
Please have worker(s) report to the following work address indicated below:

Project Name: _______________________ Site: _____________________ Address: ________________________ Report to: _______________________ On-site Tel: __________________ On-site Fax: ___________________ Comment or Special Instructions: ________________________________________________ City Council

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Community Workforce Agreement 38 City of Santa Ana

UNION USE ONLY

WORKER REFERRED
Date dispatch request received:

Dispatch received by:

Classification of worker requested:

Classification of worker dispatched:

Name:

Date worker was dispatched:

Is the worker referred a: (check all that apply)
JOURNEYMAN Yes _____ No _____
APPRENTICE Yes _____ No _____
LOCAL RESIDENT Yes _____ No _____
VETERAN Yes _____ No _____
GENERAL DISPATCH FROM OUT OF WORK LIST Yes _____ No _____ City Council

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Community Workforce Agreement 39 City of Santa Ana

ATTACHMENT D
List of Neutral Arbitrators
Mark Burstein
Fred Horowitz
Najeeb Khoury
City Council

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Community Workforce Agreement 40 City of Santa Ana
ATTACHMENT “E”

SUBSTANCE ABUSE POLICY
The Parties recognize the problems which drug and alcohol abuse have created in the construction industry and the need to develop drug and alcohol abuse prevention programs. Accordingly, the Parties agree that in order to enhance the safety of the work place and to maintain a drug and alcohol free work environment, individual Contractors may require applicants or employees to undergo drug and alcohol testing.

1. It is understood that the use, possession, transfer or sale of illegal drugs, narcotics, or other unlawful substances, as well as being under the influence of alcohol and the possession or consuming alcohol is absolutely prohibited while employees are on the Contractor’s job premises or while working on any jobsite in connection with work performed under the Community Workforce Agreement (“CWA”).

2. No Contractor may implement a drug testing program which does not conform in all respects to the provisions of this Policy.

3. No Contractor may implement drug testing at any jobsite unless written notice is given to the Union setting forth the location of the jobsite, a description of the project under construction, and the name and telephone number of the Project Work Supervisor. Said notice shall be addressed to the office of each Union signing the CWA. Said notice shall be delivered in person or by registered mail before the implementation of drug testing. Failure to give such notice shall make any drug testing engaged in by the Contractor a violation of the CWA, and the Contractor may not implement any form of drug testing at such jobsite for the following six months.

4. An employer who elects to implement drug testing pursuant to this Agreement shall require all employees on the Project Work to be tested. With respect to individuals who become employed on the Project Work subsequent to the proper implementation of this drug testing program, such test shall be administered upon the commencement of employment on the project, whether by referral from a Union Dispatch Office, transfer from another project, or another method. Individuals who were employed on the project prior to the proper implementation of this drug testing program may only be subjected to testing for the reasons set forth in Paragraph 5(f) (1) through 5(f) (3) of this Policy. Refusal to undergo such testing shall be considered sufficient grounds to deny employment on the project.

5. The following procedure shall apply to all drug testing:
a. The Contractor may request urine samples only. The applicant or employee shall not be observed when the urine specimen is given. An applicant or employee, at his or her sole option, shall, upon request, receive a blood test in lieu of a urine test. No employee of the Contractor shall draw blood from a bargaining unit employee, touch or handle urine specimens, or in any way become involved in the chain of custody of urine or blood specimens. A Union Business Representative, subject to the approval of the individual applicant or employee, shall be permitted City Council

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Community Workforce Agreement 41 City of Santa Ana
to accompany the applicant or employee to the collection facility to observe the collection, bottling, and sealing of the specimen.
b. The testing shall be done by a laboratory approved by the Substance Abuse & Mental Health Services Administration (SAMHSA), which is chosen by the Contractor and the Union.
c. An initial test shall be performed using the Enzyme Multiplied Immunoassay Technique (EMZT). In the event a question or positive result arises from the initial test, a confirmation test must be utilized before action can be taken against the applicant or employee. The confirmation test will be by Gas Chromatography Mass Spectrometry (GC/MS).

Cutoff levels for both the initial test and confirmation test will be those established by the SAMHSA. Should these SAMHSA levels be changed during the course of this agreement or new testing procedures are approved, then these new regulations will be deemed as part of this existing agreement. Confirmed positive samples will be retained by the testing laboratory in secured longterm frozen storage for a minimum of one year. Handling and transportation of each sample must be documented through strict chain of custody procedures. d. In the event of a confirmed positive test result the applicant or employee may request, within forty-eight (48) hours, a sample of his/her specimen from the testing laboratory for purposes of a second test to be performed at a second laboratory, designated by the Union and approved by SAMHSA. The retest must be performed within ten (10) days of the request. Chain of custody for this sample shall be maintained by the Contractor between the original testing laboratory and the Union's designated laboratory. Retesting shall be performed at the applicant’s or employee’s expense. In the event of conflicting test results the Contractor may require a third test.
e. If, as a result of the above testing procedure, it is determined that an applicant or employee has tested positive, this shall be considered sufficient grounds to deny the applicant or employee his/her employment on the Project Work. f. No individual who tests negative for drugs or alcohol pursuant to the above procedure and becomes employed on the Project Work shall again be subjected to drug testing with the following exceptions:

1. Employees who are involved in industrial accidents resulting in damage to plant, property or equipment or injury to him/herself or others may be tested pursuant to the procedures stated hereinabove.

2. The Contractor may test employees following thirty (30) days advance written notice to the employee(s) to be tested and to the applicable Union. Notice to the applicable Union shall be as set forth in Paragraph 3 above and such testing shall be pursuant to the procedures stated hereinabove.

3. The Contractor may test an employee where the Contractor has reasonable cause to believe that the employee is impaired from performing his/her job. Reasonable City Council

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Community Workforce Agreement 42 City of Santa Ana
cause shall be defined as exhibiting aberrant or unusual behavior, the type of which is a recognized and accepted symptom of impairment (i.e., slurred speech, unusua1 lack of muscular coordination, etc.). Such behavior must be actually observed by at least two persons, one of whom shall be a Supervisor who has been trained to recognize the symptoms of drug abuse or impairment and the other of whom shall be the job steward. If the job steward is unavailable or there is no job steward on the project the other person shall be a member of the applicable Union’s bargaining unit. Testing shall be pursuant to the procedures stated hereinabove. Employees who are tested pursuant to the exceptions set forth in this paragraph and who test positive will be removed from the Contractor's payroll.
g. Applicants or employees who do not test positive shall be paid for all time lost while undergoing drug testing. Payment shall be at the applicable wage and benefit rates set forth in the applicable Union’s Master Labor Agreement. Applicants who have been dispatched from the Union and who are not put to work pending the results of a test will be paid waiting time until such time as they are put to work. It is understood that an applicant must pass the test as a condition of employment. Applicants who are put to work pending the results of a test will be considered probationary employees.

6. The employers will be allowed to conduct periodic job site drug testing on the Project under the following conditions:
a. The entire jobsite must be tested, including any employee or subcontractor’s employee who worked on that project three (3) working days before or after the date of the test; b. Jobsite testing cannot commence sooner than thirty (30) days after start of the work on the Project;
c. Prior to start of periodic testing, a business representative will be allowed to conduct an educational period on company time to explain periodic jobsite testing program to affected employees;
d. Testing shall be conducted by a SAMHSA certified laboratory, pursuant to the provisions set forth in Paragraph 5 hereinabove.
e. Only two periodic tests may be performed in a twelve month period.

7. It is understood that the unsafe use of prescribed medication, or where the use of prescribed medication impairs the employee's ability to perform work, is a basis for the Contractor to remove the employee from the jobsite.

8. Any grievance or dispute which may arise out of the application of this Agreement shall be subject to the grievance and arbitration procedures set forth in the CWA.

9. The establishment or operation of this Policy shall not curtail any right of any employee found in any law, rule or regulation. Should any part of this Agreement be found unlawful by a court of competent jurisdiction or a public agency having jurisdiction over the City Council

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Community Workforce Agreement 43 City of Santa Ana
parties, the remaining portions of the Agreement shall be unaffected and the parties shall enter negotiations to replace the affected provision.

10. Present employees, if tested positive, shall have the prerogative for rehabilitation program at the employee’s expense. When such program has been successfully completed the Contractor shall not discriminate in any way against the employee. If work for which the employee is qualified exists he/she shall be reinstated.

11. The Contractor agrees that results of urine and blood tests performed hereunder will be considered medical records held confidential to the extent permitted or required by law. Such records shall not be released to any persons or entities other than designated Contractor representatives and the applicable Union. Such release to the applicable Union shall only be allowed upon the signing of a written release and the information contained therein shall not be used to discourage the employment of the individual applicant or employee on any subsequent occasion.

12. The Contractor shall indemnify and hold the Union harmless against any and all claims, demands, suits, or liabilities that may arise out of the application of this Agreement and/or any program permitted hereunder.

13. Employees who seek voluntary assistance for substance abuse may not be disciplined for seeking such assistance. Requests from employees for such assistance shall remain confidential and shall not be revealed to other employees or management personnel without the employee's consent. Employees enrolled in substance abuse programs shall be subject to all Contractor rules, regulations and job performance standards with the understanding that an employee enrolled in such a program is receiving treatment for an illness.

14. This Memorandum, of Understanding shall constitute the only Agreement in effect between the parties concerning drug and alcohol abuse, prevention and testing. Any modifications thereto must be accomplished pursuant to collective bargaining negotiations between the parties.

City Council

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Community Workforce Agreement 44 City of Santa Ana

DRUG ABUSE PREVENTION AND DETECTION

APPENDIX A

CUTOFF LEVELS

SCREENING SCREENING CONFIRMATION CONFIRMATION
DRUG METHOD LEVEL ** METHOD LEVEL
Alcohol EMIT 0.02% CG/MS 0.02%
Amphetamines EMIT 1000 ng/m* CG/MS 500 ng/ml*
Barbiturates EMIT 300 ng/ml CG/MS 200 ng/ml
Benzodiazepines EMIT 300 ng/ml CG/MS 300 ng/ml
Cocaine EMIT 300 ng/ml* CG/MS 150 ng/ml*
Methadone EMIT 300 ng/ml CG/MS 100 ng/ml
Methaqualone EMIT 300 ng/ml CG/MS 300 ng/ml
Opiates EMIT 2000 ng/ml* CG/MS 2000 ng/ml*
PCP (Phencyclidine) EMIT 25 ng/ml* CG/MS 25 ng/ml*
THC (Marijuana) EMIT 50 ng/ml* CG/MS 15 ng/ml*
Propoxyphene EMIT 300 ng/ml CG/MS 100 ng/ml
* SAMHSA specified threshold
** A sample reported positive contains the Indicated drug at or above the cutoff level for that drug. A negative sample either contains no drug or contains a drug below the cutoff level.

EMIT - Enzyme Immunoassay
CC/MS - Gas Chromatography/Mass Spectrometry
City Council

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Community Workforce Agreement 45 City of Santa Ana

SIDE LETTER OF AGREEMENT

TESTING POLICY FOR DRUG ABUSE
It is hereby agreed between the parties hereto that an Contractor who has otherwise properly implemented drug testing, as set forth in the Testing Policy for Drug Abuse, shall have the right to offer an applicant or employee a “quick” drug screening test. This “quick” screen test shall consist either of the “ICUP” urine screen or similar test or an oral screen test. The applicant or employee shall have the absolute right to select either of the two “quick” screen tests, or to reject both and request a full drug test.

An applicant or employee who selects one of the quick screen tests, and who passes the test, shall be put to work immediately. An applicant or employee who fails the “quick” screen test, or who rejects the quick screen tests, shall be tested pursuant to the procedures set forth in the Testing Policy for Drug Abuse. The sample used for the “quick” screen test shall be discarded immediately upon conclusion of the test. An applicant or employee shall not be deprived of any rights granted to them by the Testing Policy for Drug Abuse as a result of any occurrence related to the “quick” screen test.

City Council

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MAYOR PRO TEM
Jessie Lopez

COUNCILMEMBERS
Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez CITY OF SANTA ANA

FINANCE AND MANAGEMENT SERVICES
20 Civic Center Plaza ● P.O. Box 1988
Santa Ana, California 92702
www.santa-ana.org

CITY MANAGER
Kristine Ridge

CITY ATTORNEY
Sonia R. Carvalho

CLERK OF THE COUNCIL
Jennifer L. Hall
ADDENDUM 3: QUESTIONS AND ANSWERS (SET 2)
REQUEST FOR PROPOSALS (RFP) NO. 23-099A

DIGITAL MARQUEE INSTALLATION SERVICES
August 22, 2023
Notice is hereby given to Bidders that, where applicable, the City of Santa Ana Purchasing Division has made certain clarifications, modifications, additions, and/or deletions, for specifications of RFP No. 23-099A Digital Marquee Installation Services. ALL OTHER TERMS, CONDITIONS, AND SPECIFICATIONS REMAIN UNCHANGED.

A. In the RFP Document, Section XI. Minimum Scope and Limit of Insurance is replaced with the following:

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 $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

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.

City Council

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David Penaloza
Ward 6
[email protected]

Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’sprofession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000aggregate.

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 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 selfinsurance 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 City Council

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Valerie Amezcua
Mayor
[email protected]
David Penaloza
Ward 6
[email protected]

SANTA ANA CITY COUNCIL
Jessie Lopez
Mayor Pro Tem, Ward 3
[email protected]
Thai Viet Phan
Ward 1
[email protected]
Benjamin Vazquez
Ward 2
[email protected]
Phil Bacerra
Ward 4
[email protected]
Johnathan Ryan Hernandez
Ward 5
[email protected]
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. 2.

3. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

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. 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.

City Council

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Valerie Amezcua
Mayor
vamezcua@santa-ana.

David Penaloza
Ward 6
org [email protected]
Jessie Lopez
Mayor Pro Tem, Ward 3
[email protected]
Thai Viet Phan
Ward 1
[email protected]

SANTA ANA CITY COUNCIL
Benjamin Vazquez
Ward 2
[email protected]
Phil Bacerra
Ward 4
[email protected]
Johnathan Ryan Hernandez
Ward 5
[email protected]
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.

B. CLARIFICATIONS AND ANSWERS TO QUESTIONS ASKED PRIOR TO THE DEADLINE ARE AS FOLLOWS:

1. Q: If the City will accept a C-45 license, will you wave the insurance requirement for professional liability insurance as specialty trades such as C-45’s do not carry nor do they have that insurance available for them.

A: Please see section A. of this document for the revised Minimum Scope and Limit of Insurance section, removing the Professional Liability insurance requirement.

2. Q: Considering there are no designs provided in the RFP, each bidder will need to design specific designs for each location. Assuming the answer to #3 above is, the City of Santa Ana expects additional graphic elements on each display unique to each park or neighborhood: a) Does the City of Santa Ana acknowledge each design will be unique and holds a Copy Right by the submitting bidder? b)The Copy Right does not transfer to the City of Santa Ana unless the bidder is awarded the project and the project is bidder is paid for the project? c)Does the City of Santa Ana understand the financial penalty for Copy Right infringement? d)Will the City of Santa Ana protect the Copy Right of each of the designs submitted by each bidder by not having a competing bidder not view, bid, reproduce or create a display that is similar to the copy right design? A: The City will acknowledge copyright protection to those designs qualifying for such under Federal copyright law. However, should any copyrightable design be selected and used by the City pursuant to a written agreement for services, the design will be considered a “work made for hire”, meaning that the City will be the copyright owner. All designs submitted as part of a bid proposal may be subject to disclosure under the California Public Records Act and any applicable exemptions thereto.

3. Q: We are a certified DVBE and HUBzone sign company, do you need a DVBE for this bid ?
A: No, DVBE is not a requirement of this RFP.

4. 2)
Q: Considering, 1) we are a specialty contractor located outside of Orange County, our qualified lead installers do not live in the zip codes provided, 3) there is no union trade covering sign installation, 4) most of the work performed will be City Council

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SANTA ANA CITY COUNCIL
Valerie Amezcua
Mayor
[email protected]
Jessie Lopez
Mayor Pro Tem, Ward 3
[email protected]
Thai Viet Phan
Ward 1
[email protected]
Benjamin Vazquez
Ward 2
[email protected]
Phil Bacerra
Ward 4
[email protected]
Johnathan Ryan Hernandez
Ward 5
[email protected]
David Penaloza
Ward 6
[email protected]
manufactured offsite, 5) most sites will require 2 to 3 days of onsite work -- can we be exempt from the Community Work Force Agreement?
A: Please see Addendum #1, Exhibit V, Community Workforce Agreement (CWA) and refer to Article 2 found therein. Since this work falls under the Scope of the Agreement, no proposers are exempt, except those subject to any applicable Exclusions as defined in the CWA.

City Council

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MAYOR PRO TEM
Jessie Lopez

COUNCILMEMBERS
Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez CITY OF SANTA ANA

FINANCE AND MANAGEMENT SERVICES
20 Civic Center Plaza ● P.O. Box 1988
Santa Ana, California 92702
www.santa-ana.org

CITY MANAGER
Kristine Ridge

CITY ATTORNEY
Sonia R. Carvalho

CLERK OF THE COUNCIL
Jennifer L. Hall
ADDENDUM 4: TIMELINE EXTENSION AND REVISIONS
REQUEST FOR PROPOSAL (RFP) NO. 23-099A

DIGITAL MARQUEE INSTALLATION SERVICES
August 31, 2023
Notice is hereby given to Proposers that, where applicable, the City of Santa Ana Purchasing Division has made certain clarifications, modifications, additions, and/or deletions, for specifications of RFP No. 23-099A Digital Marquee Installation Services. ALL OTHER TERMS, CONDITIONS, AND SPECIFICATIONS REMAIN UNCHANGED.

A. The deadline to submit proposals is changed to Friday, September 8th, 2023 at 4:00 PM (PDT).

REVISIONS
B. Section XIV. GENERAL TERMS AND CONDITIONS of the RFP Document is revised to include the following:

DD. FEDERAL CONTRACT PROVISIONS (ARPA)
The ARPA Federal Contract Provisions are incorporated by reference in the Construction Contract. A copy of the Provisions may be found in EXHIBIT VI.

C. EXHIBIT VI - FEDERAL CONTRACT PROVISIONS (ARPA) is attached hereto for proposers’ reference.

Sincerely,
Jacques Lam, Buyer
Purchasing Division
City Council

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EXHIBIT VI

FEDERAL CONTRACT PROVISIONS
During the performance of this Agreement, Consultant shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit C.

1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 - CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL A WARDS (2 C.F.R. § 200.327)
(a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience.
(b) Appendix II to Part 200 (C) - Equal Employment Opportunity: If this Agreement meets the definition of a "federal assisted construction contract" in 41 CFR § 60-1.3, Consultant agrees as follows during the performance of this Agreement:
(i) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(ii) The Consultant will, in all solicitations or advertisements 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, sexual orientation, gender identity, or national origin.
(iii) The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information. (iv) The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

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Quote QT028167
Date: 4/11/2024
Outdoor Dimensions, LLC
5325 E Hunter Ave.

Anaheim, CA, 92807
Phone: (714) 578-9555 | Fax: (714) 693-5978
Email: [email protected]
Web: www.outdoordimensions.com
Contractors License #: 1042246
Outdoor Dimensions, LLC reserves the right to bill and collect payment on any products and services performed (completed or otherwise) by the company with notification unless otherwise stated in a written contract. Completed products that have not been installed or shipped to client are held for the stated project and are not used for any other project without client approval.

Bill To: Project:

CITY OF SANTA ANA
ATTN: ACCOUNTS PAYABLE
20 CIVIC CENTER PLAZA
SANTA ANA CA 92701

CITY OF SANTA ANA
ATTN: ACCOUNTS PAYABLE
20 CIVIC CENTER PLAZA
SANTA ANA CA 92701
P.O. No. Customer ID Salesperson Ship Method Terms Batch ID 03382 DANIELLE P Net 30
Item No. QTY. Description Unit Price Ext. Price
1 SN-ELC-MON 1 Bowers Museum
Single Faced Monument
$229,620.37 $229,620.37
2 SN-ELC-MON 1 Rosita Park
Double Faced Monument
$288,501.01 $288,501.08
3 SN-ELC-MON 1 Centennial Park
Double Faced Monument
$289,881.98 $289,881.98
4 SN-ELC-MON 1 Jerome Park
Double Faced Monument
$285,344.28 $285,344.28
5 SN-ELC-MON 1 Delhi Park
Double Faced Monument
$290,318.49 $290,318.49
6 SN-ELC-MON 1 Carl Thornton Park
Double Faced Monument
$284,432.51 $284,432.51

BOWERS MUSEUM OPTION
Quote is for 4 double faced Digital
Marquees and Bowers Museum Single
Faced Digital Marquee option.

Each line item includes the total cost
for each location: Monument,
Daktronics Screen, Permitting,
Engineering, Material, Equipment,
Installation, Tax and Bond.

Prices are valid for 45 days from the date of this contract Sales Total: $1,668,098.71
Initial By:

Date: Deposit: Tax Total: $0.00
The above items are required () working production days.

The above prices do not include permits or permitting labor/fees unless noted Total Due: $1,668,098.71 Page: 1 of 1
City Council 14 – 172 8/6/2024

OUTDOOR DIMENSIONS, LLC
Unique Entity ID
JWHEVR7BKHJ5

CAGE / NCAGE
(blank)
Purpose of Registration
Federal Assistance Awards Only
Registration Status
Submitted Registration
Expiration Date
Oct 3, 2024
Physical Address
5325 E Hunter AVE
Anaheim, California 92807-2054
United States
Mailing Address
5325 E Hunter AVE
Anaheim, California 92807-2054
United States
Business Information
Doing Business as

OUTDOOR DIMENSIONS LLC
Division Name
(blank)
Division Number
(blank)
Congressional District
California 40
State / Country of Incorporation
Delaware / United States
URL
www.outdoordimensions.com
Registration Dates
Activation Date
(blank)
Submission Date
Oct 4, 2023
Initial Registration Date
Oct 4, 2023
Entity Dates
Entity Start Date
Aug 10, 2018
Fiscal Year End Close Date
Dec 31
Immediate Owner
CAGE
(blank)
Legal Business Name
(blank)
Highest Level Owner
CAGE
(blank)
Legal Business Name
(blank)
Executive Compensation
In your business or organization's preceding completed fiscal year, did your business or organization (the legal entity to which this specific SAM record, represented by a Unique Entity ID, belongs) receive both of the following: 1. 80 percent or more of your annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements and 2. $25,000,000 or more in annual gross revenues from U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements? No
Does the public have access to information about the compensation of the senior executives in your business or organization (the legal entity to which this specific SAM record, represented by a Unique Entity ID, belongs) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? Not Selected
Proceedings Questions
Is your business or organization, as represented by the Unique Entity ID on this entity registration, responding to a Federal procurement opportunity that contains the provision at FAR 52.209-7, subject to the clause in FAR 52.209-9 in a current Federal contract, or applying for a Federal grant opportunity which contains the award term and condition described in 2 C.F.R. 200 Appendix XII? No
Does your business or organization, as represented by the Unique Entity ID on this specific SAM record, have current active Federal contracts and/or grants with total value (including any exercised/unexercised options) greater than $10,000,000? Not Selected
Within the last five years, had the business or organization (represented by the Unique Entity ID on this specific SAM record) and/or any of its principals, in connection with the award to or performance by the business or organization of a Federal contract or grant, been the subject of a Federal or State (1) criminal proceeding resulting in a conviction or other acknowledgment of fault; (2) civil proceeding resulting in a finding of fault with a monetary fine, penalty, reimbursement, restitution, and/or damages greater than $5,000, or other acknowledgment of fault; and/or (3) administrative proceeding resulting in a finding of fault with either a monetary fine or penalty greater than $5,000 or reimbursement, restitution, or damages greater than $100,000, or other acknowledgment of fault?
Not Selected
Exclusion Summary
Last updated by Christina Ghobrial on Oct 04, 2023 at 04:35 PM OUTDOOR DIMENSIONS, LLC Oct 05, 2023 05:34:55 PM GMT
https://sam.gov/entity/JWHEVR7BKHJ5/coreData?status=null Page 1 of 3 City Council 14 – 173 8/6/2024
Active Exclusions Records?
No
SAM Search Authorization
I authorize my entity's non-sensitive information to be displayed in SAM public search results:

Yes
Entity Types
Business Types
Entity Structure
Partnership or Limited Liability Partnership
Entity Type
Business or Organization
Organization Factors
Limited Liability Company
Manufacturer of Goods
Profit Structure
For Profit Organization
Socio-Economic Types
Check the registrant's Reps & Certs, if present, under FAR 52.212-3 or FAR 52.219-1 to determine if the entity is an SBA-certified HUBZone small business concern. Additional small business information may be found in the SBA's Dynamic Small Business Search if the entity completed the SBA supplemental pages during registration.

Financial Information
Accepts Credit Card Payments
Yes
Debt Subject To Offset
No
Taxpayer Information
EIN
*****0624
Type of Tax
Applicable Federal Tax
Taxpayer Name
outdoor dimensions llc
Tax Year (Most Recent Tax Year)
2022
Name/Title of Individual Executing Consent
President
TIN Consent Date
Oct 4, 2023
Address
5325 E Hunter AVE
Anaheim, California 92807
Signature

BRIAN PICKLER
Points of Contact
Accounts Receivable POC
Christina Ghobrial, Controller
[email protected]
7144596581
Electronic Business
Christina Ghobrial, Controller
[email protected]
7144596581
5325 E Hunter AVE
Anaheim, California 92807
United States
Kristina Allen, Administrative Services Manager
[email protected]
7144596614
5325 E Hunter AVE
Anaheim, California 92807
United States
Government Business
Brian Pickler, President
[email protected]
7144596563
5325 E Hunter AVE
Anaheim, California 92807
United States
Service Classifications
NAICS Codes
Primary NAICS Codes NAICS Title
Last updated by Christina Ghobrial on Oct 04, 2023 at 04:35 PM OUTDOOR DIMENSIONS, LLC Oct 05, 2023 05:34:55 PM GMT
https://sam.gov/entity/JWHEVR7BKHJ5/coreData?status=null Page 2 of 3 City Council 14 – 174 8/6/2024
Size Metrics
IGT Size Metrics
Annual Revenue (from all IGTs)
(blank)
Worldwide
Annual Receipts (in accordance with 13 CFR 121)
(blank)
Number of Employees (in accordance with 13 CFR 121)
(blank)
Location
Annual Receipts (in accordance with 13 CFR 121)
(blank)
Number of Employees (in accordance with 13 CFR 121)
(blank)
Industry-Specific
Barrels Capacity
(blank)
Megawatt Hours
(blank)
Total Assets
(blank)
Electronic Data Interchange (EDI) Information
This entity did not enter the EDI information
Disaster Response
This entity does not appear in the disaster response registry.

CITY OF SANTA ANA
On April 4, 2022, the federal government discontinued use of the DUNS Number to uniquely identify entities. Now, entities doing business with the federal government use the Unique Entity ID created in SAM.gov. They no longer have to go to a third-party website to obtain their identifier. This transition allows the government to streamline the entity identification and validation process, making it easier and less burdensome for entities to do business with the federal government.

This RFP includes federal funding, and as such, the proposer must provide verification of their UEI and active registration status.

SAM.gov Registration Expiration Date:_____________________________ THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

ATTACHMENT G
SAM.gov VERIFICATION
RFP No. 23-099A Digital Marquees for Multiple Locations Page 59 of 61 City Council 14 – 176 8/6/2024 City Council 14 – 177 8/6/2024
City Council 14 – 178 8/6/2024
City Council 14 – 179 8/6/2024
City Council 14 – 180 8/6/2024
City Council 14 – 181 8/6/2024
City Council 14 – 182 8/6/2024
City Council 14 – 183 8/6/2024
City Council 14 – 184 8/6/2024

This RFP includes federal funding, and as such, the proposer must provide verification of their UEI and active registration status.

SAM.gov Registration Expiration Date:_____________________________ THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

ATTACHMENT G
SAM.gov VERIFICATION
RFP No. 23-099A Digital Marquees for Multiple Locations Page 59 of 61 City Council 14 – 185 8/6/2024

OUTDOOR DIMENSIONS, LLC
Unique Entity ID
JWHEVR7BKHJ5

OUTDOOR DIMENSIONS LLC
Division Name
(blank)
Division Number
(blank)
Congressional District
California 40
State / Country of Incorporation
Delaware / United States
URL
www.outdoordimensions.com
Registration Dates
Activation Date
(blank)
Submission Date
Oct 4, 2023
Initial Registration Date
Oct 4, 2023
Entity Dates
Entity Start Date
Aug 10, 2018
Fiscal Year End Close Date
Dec 31
Immediate Owner
CAGE
(blank)
Legal Business Name
(blank)
Highest Level Owner
CAGE
(blank)
Legal Business Name
(blank)
Executive Compensation
In your business or organization's preceding completed fiscal year, did your business or organization (the legal entity to which this specific SAM record, represented by a Unique Entity ID, belongs) receive both of the following: 1. 80 percent or more of your annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements and 2. $25,000,000 or more in annual gross revenues from U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements? No
Does the public have access to information about the compensation of the senior executives in your business or organization (the legal entity to which this specific SAM record, represented by a Unique Entity ID, belongs) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? Not Selected
Proceedings Questions
Is your business or organization, as represented by the Unique Entity ID on this entity registration, responding to a Federal procurement opportunity that contains the provision at FAR 52.209-7, subject to the clause in FAR 52.209-9 in a current Federal contract, or applying for a Federal grant opportunity which contains the award term and condition described in 2 C.F.R. 200 Appendix XII? No
Does your business or organization, as represented by the Unique Entity ID on this specific SAM record, have current active Federal contracts and/or grants with total value (including any exercised/unexercised options) greater than $10,000,000? Not Selected
Within the last five years, had the business or organization (represented by the Unique Entity ID on this specific SAM record) and/or any of its principals, in connection with the award to or performance by the business or organization of a Federal contract or grant, been the subject of a Federal or State (1) criminal proceeding resulting in a conviction or other acknowledgment of fault; (2) civil proceeding resulting in a finding of fault with a monetary fine, penalty, reimbursement, restitution, and/or damages greater than $5,000, or other acknowledgment of fault; and/or (3) administrative proceeding resulting in a finding of fault with either a monetary fine or penalty greater than $5,000 or reimbursement, restitution, or damages greater than $100,000, or other acknowledgment of fault?
Not Selected
Exclusion Summary
Last updated by Christina Ghobrial on Oct 04, 2023 at 04:35 PM OUTDOOR DIMENSIONS, LLC Oct 05, 2023 05:34:55 PM GMT
https://sam.gov/entity/JWHEVR7BKHJ5/coreData?status=null Page 1 of 3 City Council 14 – 186 8/6/2024
Active Exclusions Records?
No
SAM Search Authorization
I authorize my entity's non-sensitive information to be displayed in SAM public search results:

BRIAN PICKLER
Points of Contact
Accounts Receivable POC
Christina Ghobrial, Controller
[email protected]
7144596581
Electronic Business
Christina Ghobrial, Controller
[email protected]
7144596581
5325 E Hunter AVE
Anaheim, California 92807
United States
Kristina Allen, Administrative Services Manager
[email protected]
7144596614
5325 E Hunter AVE
Anaheim, California 92807
United States
Government Business
Brian Pickler, President
[email protected]
7144596563
5325 E Hunter AVE
Anaheim, California 92807
United States
Service Classifications
NAICS Codes
Primary NAICS Codes NAICS Title
Last updated by Christina Ghobrial on Oct 04, 2023 at 04:35 PM OUTDOOR DIMENSIONS, LLC Oct 05, 2023 05:34:55 PM GMT
https://sam.gov/entity/JWHEVR7BKHJ5/coreData?status=null Page 2 of 3 City Council 14 – 187 8/6/2024
Size Metrics
IGT Size Metrics
Annual Revenue (from all IGTs)
(blank)
Worldwide
Annual Receipts (in accordance with 13 CFR 121)
(blank)
Number of Employees (in accordance with 13 CFR 121)
(blank)
Location
Annual Receipts (in accordance with 13 CFR 121)
(blank)
Number of Employees (in accordance with 13 CFR 121)
(blank)
Industry-Specific
Barrels Capacity
(blank)
Megawatt Hours
(blank)
Total Assets
(blank)
Electronic Data Interchange (EDI) Information
This entity did not enter the EDI information
Disaster Response
This entity does not appear in the disaster response registry.

Last updated by Christina Ghobrial on Oct 04, 2023 at 04:35 PM OUTDOOR DIMENSIONS, LLC Oct 05, 2023 05:34:55 PM GMT
https://sam.gov/entity/JWHEVR7BKHJ5/coreData?status=null Page 3 of 3 City Council 14 – 188 8/6/2024
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City Council 14 – 191 8/6/2024
City Council 14 – 192 8/6/2024
City Council 14 – 193 8/6/2024
City Council 14 – 194 8/6/2024
City Council 14 – 195 8/6/2024
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City Council 14 – 197 8/6/2024
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City Council 14 – 199 8/6/2024
City Council 14 – 200 8/6/2024
City Council 14 – 201 8/6/2024
City Council 14 – 202 8/6/2024
City Council 14 – 203 8/6/2024
City Council 14 – 204 8/6/2024
City Council 14 – 205 8/6/2024
City Council 14 – 206 8/6/2024
City Council 14 – 207 8/6/2024
City Council 14 – 208 8/6/2024
5 3 2 5 E a s t H u n t e r A v e n u e , A n a h e i m C A , 9 2 8 0 7 P : 7 1 4 - 5 7 8 - 9 5 5 5 F : 7 1 4 - 6 9 3 - 5 9 7 8 C o n t r a c t o r ’ s L i c e n s e # 1 0 4 2 2 4 6
w w w . o u t d o o r d i m e n s i o n s . c o mSIGNS BANNERS FLAGS INTERIOR DESIGN Revised Proposal for Digital Marquee RFP No. 23-099A
Please find the revised proposal for the Digital Marquee RFP No. 23-099A. Based on our team meeting on Dec. 5 and the site walk completed on Dec. 12, we have revised our proposal, per below.

Our proposal includes Outdoor Dimensions managing the entire project from start to finish. This will include Design, Permitting, Bonds, Inspection, Trenching, Electrical, Production, Installation and Final Inspections.

Below are two prices presented based on the selection of either the Bowers or Santiago Digital Marquee.

Option 1: $1,690,290 (includes tax)
Double Faced Digital Marquees
• Dehli Park
• Rosita Park
• Centennial Park
• Carl Thornton Park
• Jerome Park
Single Faced Digital Marquee
• Bowers Museum
Option 2: $1,710,000 (includes tax)
Double Faced Digital Marquees
• Dehli Park
• Rosita Park
• Centennial Park
• Carl Thornton Park
• Jerome Park
• Santiago Park
City Council 14 – 209 8/6/2024

COST PROPOSAL - OUTDOOR DIMENSIONS
STYLE MONUMENT Daktronics LABOR TO ENGINEERING INSTALL TAX TOTAL

SCREEN PERMIT /CALCS

ROSITA PARK
Double Faced
Three Faced
$
$
76,989.39 $ 138,324.45 $ 1,450.00
87,011.30 $ 206,563.50 $ 1,450.00
$
$
1,100.00 $ 42,009.45 $ 16,686.83
1,950.00 $ 52,577.24 $ 22,752.05
$ 276,560.12
$ 372,304.09

CENTENNIAL PARK
Double Faced $ 76,989.39 $ 138,324.45 $ 1,450.00 $ 1,100.00 $ 42,009.45 $ 16,686.83 $ 276,560.12

BOWERS MUSEUM OR

SANTIAGO PARK ENTRANCE
Single Faced
Double Faced
$
$
72,445.29
76,989.39 $ 138,324.45 $ 1,450.00
$ 79,935.90 $ 1,450.00 $
$
1,100.00 $ 36,321.92 $ 11,809.55
1,100.00 $ 42,009.45 $ 16,686.83
$ 203,062.66
$ 276,560.12

JEROME PARK
Double Faced
Three Faced
$
$
76,989.39 $ 138,324.45 $ 1,450.00
87,011.30 $ 206,563.50 $ 1,450.00
$
$
1,100.00 $ 42,009.45 $ 16,686.83
1,950.00 $ 52,577.24 $ 22,752.05
$ 276,560.12
$ 372,304.09

DELHI PARK
Double Faced $ 76,989.39 $ 138,324.45 $ 1,450.00 $ 1,100.00 $ 42,009.45 $ 16,686.83 $ 276,560.12

CARL THORNTON PARK
Double Faced
Three Faced
$
$
76,989.39 $ 138,324.45 $ 1,450.00
87,011.30 $ 206,563.50 $ 1,450.00
$
$
1,100.00 $ 42,009.45 $ 16,686.83
1,950.00 $ 52,577.24 $ 22,752.05
$ 276,560.12
$ 372,304.09
PLEASE NOTE: PRICES ARE PROVIDED PER DESIGN STYLE OPTION REQUESTED FOR EACH PARK. 1 Prices above include: managing entire process from design, permitting, inspections, production and installation 2 Daktronics screen
3 Designs can be altered and customized with our design team during the design process Outdoor Dimensions has a warehouse in Anaheim spanning over 100,000sf where the work will be completed and the team is invited onsite at any time during the process 4
5 If the Apprentice does not show up, an additional $4000 per park will be removed from installation cost City Council 14 – 210 8/6/2024
SIGNS BANNERS FLAGS INTERIOR
DESIGN
Rosita Park
Design Option – Total Price
Single Faced Option - $276,560.12
Double Faced Option - $372,304.09
Design Styles
5 3 2 5 E a s t H u n t e r A v e n u e , A n a h e i m C A , 9 2 8 0 7 P : 7 1 4 - 5 7 8 - 9 5 5 5 F : 7 1 4 - 6 9 3 - 5 9 7 8 C o n t r a c t o r ’ s L i c e n s e # 1 0 4 2 2 4 6 City Council 14 – 211 8/6/2024 City Council 14 – 212 8/6/2024
City Council 14 – 213 8/6/2024
City Council 14 – 214 8/6/2024
SIGNS BANNERS FLAGS INTERIOR
DESIGN
Centennial Park
Design Option – Total Price
Double Faced Option - $276,560.12
Design Styles
5 3 2 5 E a s t H u n t e r A v e n u e , A n a h e i m C A , 9 2 8 0 7 P : 7 1 4 - 5 7 8 - 9 5 5 5 F : 7 1 4 - 6 9 3 - 5 9 7 8 C o n t r a c t o r ’ s L i c e n s e # 1 0 4 2 2 4 6 City Council 14 – 215 8/6/2024 City Council 14 – 216 8/6/2024
City Council 14 – 217 8/6/2024
City Council 14 – 218 8/6/2024
City Council 14 – 219 8/6/2024
SIGNS BANNERS FLAGS INTERIOR
DESIGN
Bowers Museum
Design Option – Total Price
Single Faced Option - $203,062.66
Design Styles
5 3 2 5 E a s t H u n t e r A v e n u e , A n a h e i m C A , 9 2 8 0 7 P : 7 1 4 - 5 7 8 - 9 5 5 5 F : 7 1 4 - 6 9 3 - 5 9 7 8 C o n t r a c t o r ’ s L i c e n s e # 1 0 4 2 2 4 6 City Council 14 – 220 8/6/2024 City Council 14 – 221 8/6/2024
City Council 14 – 222 8/6/2024
SIGNS BANNERS FLAGS INTERIOR
DESIGN
Santiago Park Entrance
Design Option – Total Price
Single Faced Option - $203,062.66
Double Faced Option - $276,560.12
Design Styles
5 3 2 5 E a s t H u n t e r A v e n u e , A n a h e i m C A , 9 2 8 0 7 P : 7 1 4 - 5 7 8 - 9 5 5 5 F : 7 1 4 - 6 9 3 - 5 9 7 8 C o n t r a c t o r ’ s L i c e n s e # 1 0 4 2 2 4 6 City Council 14 – 223 8/6/2024 City Council 14 – 224 8/6/2024
City Council 14 – 225 8/6/2024
City Council 14 – 226 8/6/2024
SIGNS BANNERS FLAGS INTERIOR
DESIGN
Jerome Park
Design Option – Total Price
Double Faced Option - $276,560.12
Three Faced Option - $372,304.09
Design Styles
5 3 2 5 E a s t H u n t e r A v e n u e , A n a h e i m C A , 9 2 8 0 7 P : 7 1 4 - 5 7 8 - 9 5 5 5 F : 7 1 4 - 6 9 3 - 5 9 7 8 C o n t r a c t o r ’ s L i c e n s e # 1 0 4 2 2 4 6 City Council 14 – 227 8/6/2024 City Council 14 – 228 8/6/2024
City Council 14 – 229 8/6/2024
City Council 14 – 230 8/6/2024
SIGNS BANNERS FLAGS INTERIOR
DESIGN
Delhi Park
Design Option – Total Price
Double Faced Option - $276,560.12
Design Styles
5 3 2 5 E a s t H u n t e r A v e n u e , A n a h e i m C A , 9 2 8 0 7 P : 7 1 4 - 5 7 8 - 9 5 5 5 F : 7 1 4 - 6 9 3 - 5 9 7 8 C o n t r a c t o r ’ s L i c e n s e # 1 0 4 2 2 4 6 City Council 14 – 231 8/6/2024 City Council 14 – 232 8/6/2024
City Council 14 – 233 8/6/2024
City Council 14 – 234 8/6/2024
City Council 14 – 235 8/6/2024
SIGNS BANNERS FLAGS INTERIOR
DESIGN
Carl Thornton Park
Design Option – Total Price
Double Faced Option - $276,560.12
Three Faced Option - $372,304.09
Design Styles
5 3 2 5 E a s t H u n t e r A v e n u e , A n a h e i m C A , 9 2 8 0 7 P : 7 1 4 - 5 7 8 - 9 5 5 5 F : 7 1 4 - 6 9 3 - 5 9 7 8 C o n t r a c t o r ’ s L i c e n s e # 1 0 4 2 2 4 6 City Council 14 – 236 8/6/2024 City Council 14 – 237 8/6/2024
City Council 14 – 238 8/6/2024
City Council 14 – 239 8/6/2024
City Council 14 – 240 8/6/2024

BRYANT HILL
951-345-5676

CITY OF PERRIS
101 N. D STREET
PERRIS, CA 92570
$150,000
[email protected]
2022 - 2023
Designed, produced, permitted and installed digital monument with brick and stone fascia, bronze logos and integrated lighting.

CITY OF BALDWIN

PARK SAM GUITERREZ
626-960-4011 X460 14403 E. PACIFIC AVE
BALDWIN PARK, CA 91706 [email protected]
$600,000 2019 - 2023
Designed, produced, permitted and installed multiple digital monuments.

CITY OF ORANGE
300 E. CHAPMAN

NATHAN BLUHM
714-532-6491
ORANGE, CA 92866
$300,000
[email protected]
2022
Installation of electrical monuments throughout multiple parks in City of Orange.

City Council 14 – 241 8/6/2024
City Council 14 – 242 8/6/2024
City Council 14 – 243 8/6/2024
City Council 14 – 244 8/6/2024
City Council 14 – 245 8/6/2024
City Council 14 – 246 8/6/2024
City Council 14 – 247 8/6/2024
66145475
City Council 14 – 248 8/6/2024
City Council 14 – 249 8/6/2024
City Council 14 – 250 8/6/2024
City Council 14 – 251 8/6/2024
Quote QT028169
Date: 2/12/2024
Outdoor Dimensions, LLC
5325 E Hunter Ave.

Bill To: Project:

CITY OF SANTA ANA
ATTN: ACCOUNTS PAYABLE
20 CIVIC CENTER PLAZA
SANTA ANA CA 92701

CITY OF SANTA ANA
ATTN: ACCOUNTS PAYABLE
20 CIVIC CENTER PLAZA
SANTA ANA CA 92701
P.O. No. Customer ID Salesperson Ship Method Terms Batch ID 03382 DANIELLE P Net 30
Item No. QTY. Description Unit Price Ext. Price
1 SN-ELC-MON 1 Santiago Park
Double Faced Monument
$270,641.83 $270,641.83
2 SN-ELC-MON 1 Centennial Park
Double Faced Monument
$289,881.98 $289,881.98
3 SN-ELC-MON 1 Jerome Park
Double Faced Monument
$285,344.28 $285,344.28
4 SN-ELC-MON 1 Delhi Park
Double Faced Monument
$290,318.49 $290,318.49
5 SN-ELC-MON 1 Carl Thornton Park
Double Faced Monument
$284,432.51 $284,432.51

SANTIAGO PARK DOUBLE FACED
OPTION
Quote is for 4 double faced Digital
Marquees and Santiago Park Double
Faced Digital Marquee option.

Each line item includes the total cost
for each location: Monument,
Daktronics Screen, Permitting,
Engineering, Material, Equipment,
Installation, Tax and Bond.

Prices are valid for 45 days from the date of this contract Sales Total: $1,420,619.09
Initial By:

Date: Deposit: Tax Total: $0.00
The above items are required () working production days.

The above prices do not include permits or permitting labor/fees unless noted Total Due: $1,420,619.09 Page: 1 of 1
City Council 14 – 252 8/6/2024
City Council 14 – 253 8/6/2024
Table of Contents
Services Provided......................................................................................................................................1-2 Agreement Statement ...............................................................................................................................3 Firm and Team Experience .......................................................................................................................4-8 Proposed Work Plan ..........................................................................................................................9-15 City Council 14 – 254 8/6/2024
5 3 2 5 E a s t H u n t e r A v e n u e , A n a h e i m C A , 9 2 8 0 7 P : 7 1 4 - 5 7 8 - 9 5 5 5 F : 7 1 4 - 6 9 3 - 5 9 7 8 C o n t r a c t o r ’ s L i c e n s e # 1 0 4 2 2 4 6
w w w . o u t d o o r d i m e n s i o n s . c o m
SIGNS – ELECTRICAL – BANNERS – MONUMENTS – CODE SIGNAGE Services Provided
The attached proposal from Outdoor Dimensions is for the RFP No 23-099A for Digital Marquee Installation Services for The City of Santa Ana. Our proposal consists of providing and managing the services of design, permitting, production and installation of Digital Marquee Signs at 6 separate locations.

Our team has reviewed Exhibit I – Scope of Services and are confident in our expertise to produce and deliver the scope of services.

1. Proposed Locations – Multiple site visits were made to each location by our team, including our electrician, production and installation team.

2. Source Digital Marquees (screens) – We have a close relationship with Daktronics and have used them on multiple jobs. We feel confident in their product and have used them in our bid for the screen.

3. Source Digital Marquee Structures – We have a warehouse in Anaheim that spans over 110,000 sf, where our team will construct and produce the structures. We always welcome any City of Santa Ana team member to be involved or visit the site during the project.

City Council 14 – 255 8/6/2024
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4. Install Digital Marquees – We have an installation team and will be installing the monuments.

5. Maintenance – Our team will be providing maintenance for the structure.

Daktronics will be providing maintenance for the screen, and we will work with them to manage that.

6. Screen functionality, operation, and services – Our team will coordinate with Daktronics and the City of Santa Ana team to provide training and a smooth transition.

City Council 14 – 256 8/6/2024
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SIGNS – ELECTRICAL – BANNERS – MONUMENTS – CODE SIGNAGE Agreement Statement
Outdoor Dimensions has reviewed the contract and agree with the terms laid out in the Exhibit II – Sample Agreement and Addendums.

Our team will design, produce, permit and install the monuments proposed to The City of Santa Ana. We have noted on Page 14 of the Addendum regarding Community Workforce Agreement that 30% of total work hours are to be performed by local residents. We also note on Page 15 that employees are not required to become or remain Union workers. We look forward to utilizing our employees to partner on this project and satisfy the Community Workforce Agreement.

City Council 14 – 257 8/6/2024
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SIGNS BANNERS FLAGS INTERIOR DESIGN
Firm and Team Experience
i.

WHO IS OUTDOOR DIMENSIONS?
Founded in 1974, Outdoor Dimensions is a multifaceted signage and graphics company that has been in the signage business for more than 48 years. Outdoor Dimensions currently conducts business in an 110,000 square foot facility located at 5325 Hunter Ave., based in the city of Anaheim CA. In 2018, Outdoor Dimensions went from a Corporation to an LLC status. Outdoor Dimensions currently has 148 full-time employees, in which, 50 of those have been with the company over 15 years. We currently have (7)1-ton installation trucks, we have (1) 100' crane truck, (1) 45' bucket truck, (3) 5’x10’ cargo vans, (1) 6’x12’ cargo van, (1) 8’x15’ cargo van and (6) 1/2 ton pick-up trucks. We have a 12,000 square foot metal fabrication facility on-site, 3- Automobile sized-paint spray booths, sewing and a full screen printing department.

Our team manages the process from design, permitting, production and installation.

Outdoor Dimensions currently works with cities including: City of Irvine, City of Baldwin Park, City of Anaheim, City of Newport Beach, City of Perris, and City of Orange. We are a company that has years of experience and are committed to ensuring that we not only meet our clients expectations but go beyond those expectations.

This project will consist of 5 key staff members that will be assigned to perform the services. Our team can provide additional staff as needed.

Danielle Purcell - Account Executive
Victor Betancourt - Account Manager
Alexi Zellner - Vice President Production
Joey Hamlin – Vice President of Installation
Victor Loza – Pre-Production Operations Manager
City Council 14 – 258 8/6/2024
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ii.

Outdoor Dimensions is in Anaheim with a warehouse that spans over 100,000 sf. iii.

Danielle Purcell – Account Executive
949-378-4367
[email protected]
Brian Pickler – President
[email protected]
iv.

Federal Funding
City Council 14 – 259 8/6/2024
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SIGNS – ELECTRICAL – BANNERS – MONUMENTS – CODE SIGNAGE Staffing Resources
DANIELLE PURCELL – PROJECT LIAISON (KEY)
Account Executive
During Danielle Purcell’s tenure with Outdoor Dimensions, she has built a solid reputation of exceeding client expectations from initial design all the way through the installation of projects. Danielle has a BS in Computer Science and Information Sciences.

Some of Danielle’s clients include:
 City of Perris
 City of Orange
 City of Newport Beach
 City of Long Beach
 Amazon
 Gap
Additional Liaisons:

JOEY HAMLIN – VICE PRESIDENT INSTALLATION (KEY)
Joey Hamlin is the V.P. of Installation with Outdoor Dimensions, LLC. He has been with the firm for 41 years.

Joey Hamlin has been with Outdoor Dimensions for 39 years. His current role is Vice President of Installation. Joey manages a team of 32 Customer Service Field Representatives and coordinates our daily/weekly installation schedules. He works closely with our team and customers to ensure installations are completed with accuracy and precision. Joey leads the team in the delivery of performance targets for safety, production, costs, and team development. He is an accomplished professional with demonstrated expertise in leadership and project coordination with a deep commitment to customer service.

ALEXI ZELLNER – VICE PRESIDENT PRODUCTION (KEY)
Alexi Zellner is the V.P. of Production with Outdoor Dimensions, LLC. He has been with the firm for 21 years.

Alexi Zellner has been with Outdoor Dimensions for 21 years. His current role is Vice President of Production where he manages 60+ employees. Alexi works closely with all departments to ensure product quality and accuracy. Alexi has a vast knowledge of City Council 14 – 260 8/6/2024
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materials and methods. This makes him excellent at problem solving and creating original concepts. He has a diverse set of skills including welding, graphic design and quality control. As a true professional, Alexi is committed to driving continuous improvement through proactive thinking and teamwork.

VICTOR LOZA – PRE-PRODUCTION OPERATIONS MANAGER (KEY)
Victor Loza is the Pre-Production Operations Manager with Outdoor Dimensions, LLC.

He has been with the firm for 18 years.

MARIO LOPEZ – FABRICATED SIGNS PRODUCTION MANAGER (KEY) Mario Lopez is the Fabricated Signs Production Manager with Outdoor Dimensions, LLC.

He has been with the firm for 8 years.

Mario has been in the Sign industry for 20 years with expertise in metal fabrication, electrical, and paint. Mario is a City of LA Quality Control Inspector, Certified Welder, and UL Certified for Electrical Signage.

JOHNNY MARTINEZ – ELECTRICAL FOREMAN (KEY)
Johnny Martinez is a C45 Oversight Supervisor with Outdoor Dimensions, LLC. He has been with the firm for 9 years.

Johnny has been a licensed C-45 Contractor since 1999 and hase been in the sign industry since 1987. Previously, he owned an installation company named Sign Lights Plus for 18 years before he brought my license to Outdoor Dimensions. He has built and installed signs for companies such as Disney, Universal Studios, Kaiser, Hoag, Cedar Sanai, and many City projects and Multi-family projects over the years. From monuments to pylons to large LED digital reader board signs to scoreboards at baseball fields such as Dodger Stadium and several high schools. He is a certified Crane Operator, Electrician, Welder, Rigging expert and is certified to Instruct and train employees how to operate Boom lifts and forklifts. Johnny has completed OSHA 30 and is Certified in scaffolding and all types of swing stage equipment for erecting signs over the side of high-rise buildings. He has worked with the Contractor state licensing board and 5 other C-45 Contractors over the past four years to re-write all the questions on the exam to become a C-45 Contractor. Now, he is currently in charge of the installations in the field and goes from job site to job site making sure everything goes smoothly from start to finish.

AGUSTIN LUNA – LEAD INSTALLER/TECHNICAL INSPECTOR (KEY) He has been with the firm for 32 years, he is well versed in all aspects of signage installations.

SANTIAGO SERNA – LEAD INSTALLER (KEY)
City Council 14 – 261 8/6/2024
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He has been with the firm for 29 years, his area of expertise is installing vinyl. From large concrete parking columns to vinyl wrapping an airstream he has perfected his trade.

LUIS CHOMINA – LEAD INSTALLER (KEY)
He has been with the firm for 26 years, his proven track record for success with little direct oversight has made him our main out of state lead installer.

ABRAHAM ARMENDARIZ – LEAD INSTALLER
He has been with the firm for 25 years, he specializes in carpentry which makes him our go to lead for sales office furniture installations.

ALBERTO SERRANO – LEAD MULTIFAMILY INSTALLER
He has been with the firm for 24 years, he specializes in multifamily and ADA compliance signage.

FRANCISCO SANDOVAL – LEAD MULTIFAMILY INSTALLER
He has been with the firm for 20 years, his expertise of multifamily installations and ability to mentor newer installers has made him a valuable asset to our team. Francisco has helped mold countless installers to become leads throughout his tenure at OD.

ROLANDO NAVAS – LEAD MULTIFAMILY INSTALLER
He has been with the firm for 18 years, he specializes in multifamily and ADA compliance signage.

AUSTIN VEITH – LEAD INSTALLER (KEY)
He has been with the firm for 6 years, his commitment to great work and exceptional customer service has made him our lead installer for high priority Irvine Company projects.

JOHN CERVANTES – LEAD INSTALLER
He has been with the firm for 4 years, his reliability and ability to adapt has allowed him to quickly rise through the ranks and become a lead in less than 2 years.

MIGUEL SANCHEZ – LEAD MULTIFAMILY INSTALLER
He has been with the firm for 4 years, his expertise and attention to detail when it comes to multifamily installs have allowed him to become a lead in less than 2 years.

City Council 14 – 262 8/6/2024
5325 East Hunter Avenue, Anaheim CA. 90807 P: 714.579.9555 F: 714.893.5978 © 2019 Outdoor Dimensions, LLC. All Rights Reserved.
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PROPOSED WORK PLAN
Outdoor Dimensions will follow the below work plan to ensure that the clients expectations are met in regards to providing a quality product that meets the City of Santa Ana approval and standards, meeting install time lines, keeping City of Santa Ana updated with status of jobs as much as necessary with email or verbal communication. Finally, and most importantly, keeping our install technicians safe while out in the field installing product. i. Our anticipated approach to performing the service requested is outlined below. 1) Pre-Design Site Surveys
a. Designs and pricing will be finalized per each location the specific needs and conditions of each location
2) Submittals, Samples, and Approvals
a. Collect relevant documentation needed to finalize designs b. Finalize designs and submit PDFs for approval from City of Santa Ana c. Once designs approved, product samples will be produced to show colors, materials, and other questionable conditions for approval 3) Engineering and Permitting
a. Approved designs to be developed into final production drawings City Council 14 – 263 8/6/2024
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b. Shop drawings will be reviewed and stamped by licensed engineer 4) Production
a. Outdoor Dimensions will produce these signs 100% in house to control the quality expectation of City of Santa Ana
i. Process will begin in metal fabrication department where fabricators will cut skins out of aluminum substrate
ii. After skins are cut to size fabricators will cut and weld 2” square aluminum tubing to create the frame/structure of each monument
iii. Once structure is complete the cut aluminum skins will be applied and be sanded to rid of any imperfections and seams
iv. Structure is then transferred to finish workshop where sign will be layered with coat of automotive grade primer, sanded once more to insure smooth surface, and finally layered with automotive grade paint (to drawing specs.) v. Simultaneously with the finish process the acrylic push through elements will be routed out of UL certified acrylic for illuminated copy affect.

City Council 14 – 264 8/6/2024
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vi. Once structure is completely dry it will be transferred to assembly department where electrical components will be assembled. vii. Final step in production will be layered anti-graffiti coat application. b. Representatives from City of Santa Ana are welcome to visit OD during the production process as desired
c. Completed signs will be inspected against approved shop drawings and samples by dedicated quality control inspection team
d. Proposed designs production timeline approximately 5-7 weeks to complete per location.
5) Quality review
a. Client is invited to inspect signage after production, but before installation b. Any quality issues found will be addressed before installation dates 6) Site Walk and Preparation (per job site)
a. Site safety plan to be worked out with City of Santa Ana construction team i. Will include lift safety plan and access plan for any overhead signage b. Final field conditional and measurements to be verified by Outdoor Dimensions City Council 14 – 265 8/6/2024
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7) Installation (per job site)
a. Deliver needed lifts or equipment to site within 2 days of installation, and to be removed in timely manner after installation complete
b. Monument installation:
i. Footing(s) will be dug prior to inspection taking roughly about 3-4 days. ii. Once footings are dug, the forms will be set pending inspection to pour concrete, roughly 2 days.
iii. After inspection is passed sign will be installed taking roughly 1-2 days. iv. Finally after sign is secured our team will install remaining design features including: brick veneer/rock and cast bronze plaques, roughly taking 3-4 days.
b. Digital Display Setup:
i. City of Santa Ana content managing team will require to meet with Daktronics Technician, location TBD, to run through short course on content management and uploading.

City Council 14 – 266 8/6/2024
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d. OD’s schedule assumes bulk of work is performed Monday – Friday during working hours (6:30 am – 6pm). If off hours or weekends required, additional charges will be estimated and approved before work is performed. ii. Schedule of delivery
Task Name
Duration in Business
Days Notes
Site Survey 5 Days To review all sites
Shop Drawings 5 Days
Engineering/Calcs 7 Days
Revisions 3 Days
Sign Placement
(Location Walk) 5 Days
Production &
Installation
8-10 weeks for 1st sign
7-8 week each
additional
Masonry rock or
stone onsite can be
an additional 3-5
days
Review
Sign-off 5 Days
iii. Suggestions or Special Concerns
During the design phase, Outdoor Dimensions will collaborate with the City of Santa Ana on the design and can suggest Value Engineering to the monuments.

City Council 14 – 267 8/6/2024
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iv. Description of Deliverables and implementation plan

1. Working Drawings – Detailed working drawings of each monument, including size, scale, image superimposed in site location, materials, and details of production. City of Santa Ana will have time to review and approve during the design process and prior to production.

2. Engineering Drawings – Engineering Drawings of each monument.

3. Permit Package – Permit package for each monument that our team will create and submit to the City. This will include, but not be limited to, Letter of Authorization, Permit Application and required information, Working & Engineering Drawings and Site Map.

4. Approved Permit Package from City – Copy of Approved and Signed Permit Package from the City.

5. Information on Warranty, Care and Maintenance
City Council 14 – 268 8/6/2024
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REFERENCES

CITY OF PERRIS
Bryant Hill, Director of Public Works
101 N. D Street
Perris, CA 92570
[email protected]
951-345-5676

CITY OF ORANGE
Nathan Bluhm, Senior Project/Landscape
Coordinator
300 E. Chapman Ave.

Orange, CA 92866
[email protected]
(714)532-6491

CITY OF NEWPORT BEACH
Gregory Haynes, Public Works Supervisor
100 Civic Center Drive
Newport Beach, CA 92660
[email protected]
(949) 644-3084

CITY OF IRVINE
Gregg Gipe, Project Administrator
1 Civic Center Plaza
Irvine, CA 92606
[email protected]
(949) 724- 7372
City Council 14 – 269 8/6/2024
City of Santa Ana
Marquee Locations

EUCLID ST

BRISTOL ST

SANTA ANA BLVD

EDINGER AV

BRISTOL ST

SUNFLOWER AV

WARNER AV

RED HILL AV

LA VETA AV

HARBOR BLVD HARBOR BLVD

RAITT ST

WASHINGTON AV

NEWHOPE ST

WARNER AV
1ST ST
1ST ST
1ST ST

TUSTIN AV

SEGERSTROM AV
17TH ST 17TH ST

FAIRVIEW
ST

FAIRVIEW ST

BRISTOL ST

MAIN ST MAIN ST

MAIN ST

FLOWER ST

CIVIC CENTER DR

SANTA CLARA AV

FAIRHAVEN AV

ALTON AV

GARDEN GROVE
BLVD

GRAND AV

GLASSELL ST

EDINGER AV

EDINGER AV
DYER
RD

WESTMINSTER AV

MC FADDEN AV

GRAND AV

DYER RD

FLOWER ST FLOWER ST

WARNER AV

MACARTHUR BLVD

BROADWAY BROADWAY BROADWAY
3 1
4 2
5 6
Santa Ana River
Santa Ana River
Centennial
Park
Jerome Park
Delhi Park
Bowers Museum
(Alt. Location)
Carl
Thorton
Park
Santiago
Park (Alt.

Location)
Rosita Park
Santa Ana
Stadium
Proposed Marquee Location
Existing Marquee Location 0 ½ 1 ¼
Miles
City Council 14 – 270 8/6/2024
Park Marquees
Rosita
Centennial
Jerome
Bowers/Santiago
Delhi
Thornton
Memory Ln
Santa Clara
17th
Warner Ave
Segerstrom Ave
McFadden Ave
N e w h o p e A v e
M a i n S t
3,151
3,080
12,052
12,026
10,122
11,949
1 3 , 2 0 3
1 4 , 2 0 0
1 2 , 2 2 4
20th St
1 5 , 3 6 3
1 4 , 0 0 1
1 3 , 6 0 2 H a l l a d a y S t
M o h a w k D r
Hazard Ave
Edinger Ave
C e n t e r S t .
10,742
12,089
10,253
8,299
9,101
9,674
Marquee; rays indicate face direction
Numbers indicate average daily traffic volume
North
Option A
Option B
City Council 14 – 271 8/6/2024
CITY OF SANTA ANA FY 23/24CIP

CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:

As part of the Revive Santa Ana pandemic recovery program funded by the American Rescue Plan Act (ARPA), this project, designated as Expansion of Critical Communications, will install digital marquees at five or six locations across the City to deliver important messages to our residents and other stakeholders about
government resources and assistance, health and safety
information, City events and programs, and other news and public services announcements that may benefit the community. These marquees will include the park name, the City logo, and an 8’x11’ digital sign.

PROJECT NEED:

During the pandemic, it became evident that many residents were not receiving vital communications from the City. By installing signs in strategically located places where residents frequently spend time and along high-traffic roadways, the City will improve its communication and public outreach. This project will create prominent communications platforms that will increase visibility of the important work the City does, and residents will learn to rely on these digital marquees for important information about their community and local government.

PROJECT TITLE:

Expand Communication Methods
PROJECT CATEGORY:

City & Park Facility Improvements
Park Facility

LOCATION MAP
AGENCY: DIVISION: CONTACT: DATE:

Public Works Construction Engineering Mike Ortiz, Senior Civil Engineer 25-Apr-2024 PROJECT COSTS FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 Construction 1,668,100 - - - - - -
Contingency 166,810 - - - - - -
Engineering 25,000 - - - - - -
TOTAL 1,859,910 - - - - - -
SOURCE OF FUNDS FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 ARPA Funds 1,859,910 - - - - - -
TOTAL 1,859,910 - - - - - -

CITYWIDE
City Council 14 – 272 8/6/2024
Human Resources
https://www.santa-ana.org/human-resources
Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 6, 2024
TOPIC: Renew Citywide Insurance Program and Policies Procured through Independent Cities Risk Management Authority and Arthur J. Gallagher

AGENDA TITLE
Renewal of Citywide Insurance Program and Policies Procured through Independent Cities Risk Management Authority (ICRMA) and Arthur J. Gallagher, and Appropriation Adjustment, Associated Insurance Premiums, Costs, Programs, and Regulatory Fees for an Amount not to Exceed $12,600,000 (Non-General Fund)

RECOMMENDED ACTION

1. Authorize the City Manager to approve payment of insurance premiums and associated programs to ICRMA in an amount not to exceed $8,250,000 for the protection of City assets from July 1, 2024 through June 30, 2025 including, but not limited to, the following:
a. Excess Liability Program
b. Excess Workers’ Compensation Program
c. Auto Physical Damage Program
d. Property and Equipment Program
e. Crime Program
f. Cyber Program
g. Associated Programs

2. Authorize the City Manager to approve payment of insurance premiums to Arthur J.

Gallagher, Broker, in an amount not to exceed $3,500,000 for ancillary coverages of City’s assets from July 1, 2024 to June 30, 2025 including but not limited to:
a. General Liability Buffer Program
b. Workers’ Compensation Buffer Program
c. Earth Movement & Flood and Difference in Coverage Program d. Terrorism Insurance Program
e. Underground Storage Tank and Environmental Program

3. Authorize the City Manager to approve payments to cover FY 2024-25 City Special Events Insurance for events, including, but not limited to, Fourth of July fireworks show, neighborhood winter events, and other City-sponsored events as created and held, in an amount not to exceed $350,000.

City Council 15 – 1 8/6/2024
Renew Citywide Insurance Program and Policies Procured through Independent Cities Risk Management Authority and Arthur J. Gallagher
August 6, 2024

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4. Authorize the City Manager to approve the City’s obligation to pay the State of California DIR estimated assessment in the amount not to exceed $500,000.

5. Approve an Appropriation Adjustment to recognize $2,200,000 in the Liability and Property Insurance Revenue, Prior Year Carryforward revenue account (No. 08009002-50001) and appropriate the same amount into the Liability & Property insurance account (No. 08009051-64010). (Requires five affirmative votes) GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
Staff is recommending renewal with ICRMA, a joint powers authority formed in 1980 in accordance with California Government Code Section 6500. ICRMA’s purpose is to provide: 1) excess and re-insurance to protect members from extensive financial debt due to large claims, settlements, and judgments; 2) group insurance purchasing power that can offer broader coverage at a lower cost; 3) rate stability; and 4) protect individual member cities through pooling of losses and self-insurance. ICRMA also offers to its members actuarial services, appraisal services, loss control assessments and recommendations, safety trainings, claims audits, contract risk transfer consultation, and other services and resources. Currently composed of 14 California cities, Santa Ana joined ICRMA in July 2019.

For this renewal period:
• The City’s Workers’ Compensation coverage experienced an increase of approximately 12%.
• The City’s Liability and Property premiums increased approximately 10%, which overall is a very good outcome.
• The City’s Property & Equipment Program premium decreased approximately 10%.
• Overall, the City’s insurance coverages remain the same with a lower than expected increase in premiums on the Liability and Property program and an average increase in premiums on the Workers’ Compensation program.

Cost of insurance continues to increase primarily due to the following ongoing reasons:

1. An insurance market with continually decreasing excess carriers willing to quote municipal government entities in California, primarily those with police departments;

2. High dollar jury awards of litigated matters against public entities;

3. High dollar settlements of litigated and non-litigated matters;

4. Rising cost of repairs and replacement of damaged vehicles, property, and equipment;

5. Increased number of claims filed against the City resulting from aging infrastructure including sidewalks and streets; and

6. Increased number of claims filed against the City resulting from damage caused by City Council 15 – 2 8/6/2024
Renew Citywide Insurance Program and Policies Procured through Independent Cities Risk Management Authority and Arthur J. Gallagher
August 6, 2024

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City-owned trees.

QUOTED & ESTIMATED PREMIUMS & FEES
WORKERS’ COMPENSATION COVERAGES FY 2022/23 FY 2023/24 FY 2024/25 Excess Pool Workers’ Compensation
Program $ 345,678 $ 415,464 $ 459,770
Excess Workers’ Compensation
Buffer $ 257,356 $ 264,085 $ 300,027
Sub-Total $ 603,034 $ 679,549 $ 759,797
Percent Change 12% 13% 12%
LIABILITY AND PROPERTY COVERAGES FY 2022/23 FY 2023/24 FY 2024/25 Excess Pool Liability Program $ 5,123,142 $ 6,070,925 $ 6,927,723 Auto Physical Damage Program $ 129,488 $ 145,108 $ 185,294 Property & Equipment Program $ 485,380 $ 593,557 $ 534,757 Crime Program $ 14,233 $ 15,394 $ 17,563
Cyber Program $ 111,964 $ 100,445 $ 118,787
Excess Liability Buffer $ 1,233,321 $ 1,743,398 $ 1,805,650 DIC Earth Movement & Flood $ 1,126,819 $ 1,283,147 $ 1,353,245 Terrorism $ 13,164 $ 13,723 $ 14,652
Underground Storage TanksEnvironmental $ 11,112 $ 12,539 $ 15,314 Sub-Total $ 8,248,623 $ 9,978,236 $ 10,972,985
Percent Change 25% 21% 10%
FY 2022/23 FY 2023/24 FY 2024/25
City Special Events Insurance $ 300,000 $ 350,000
State of California DIR $ 500,000 $ 500,000
Total $ 11,457,785 $ 12,582,782

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
The recommended action includes appropriating $2.2 million of the General Liability Fund balance, which will reduce the available funds to pay liability claims in the future.

The following table compares the most recent actuarial valuation for claims liability to the estimated fund balances in the Workers’ Compensation and General Liability Funds.

Actuarial estimates of the liability are more than the City has on deposit.

Workers’ Compensation General Liability
City Council 15 – 3 8/6/2024
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August 6, 2024

Page 4 ends

Actuarial valuation as of June 30, 2024 $18,367,000 $35,595,000 Estimated fund balance as of July 1, 2024 $18,304,735 $13,954,070 Estimated Shortfall $62,265 $21,640,930
After appropriation adjustment, the following table summarizes the funds budgeted and available for estimated premium and administrative costs. Staff will continue to propose increases to internal service charges in future budget cycles to reduce the estimated shortfall, which will primarily be borne by the General Fund.

Fiscal
Year
Accounting
Unit –
Account No
Fund
Description
Accounting Unit –
Account No.

Description
Amount
2024-25 08209054-
64010
Workers
Compensation
Workers
Compensation,
Insurance Payment
$ 1,300,000
2024-25 08009051-
64010
Liability &
Property
Insurance
Liability & Property
Insurance, Insurance
Payment
$ 9,640,380

APPROPRIATION ADJUSTMENT
2024-25 08009051-
64010
Liability &
Property
Insurance
Liability & Property
Insurance, Insurance
Payment
$ 2,200,000
Total: $ 13,140,380

EXHIBIT(S)

1. Joint Exercise of Powers Agreement for Insurance and Risk Management Purposes

2. Agreement For Consultant Services Between City of Santa Ana and Arthur J.

Gallagher Risk Management Services LLC

3. ICRMA Member Contribution Invoice – Santa Ana – Invoice # 4373

4. Arthur J. Gallagher Risk Management Services, LLC – Invoice # 5195470 Submitted By: Lori Schnaider, Executive Director of Human Resources Approved By: Alvaro Nuñez, Acting City Manager
City Council 15 – 4 8/6/2024
A-2019- 107

INSURANCE NOT REQUIRED

WORK NIAY PROCEED

CLERK OF COUNCIL
r); T7, AUG 1 4 2019

FIFTH AMENDMENT TO

JOINT EXERCISE OF POWERS AGREEMENT

FOR INSURANCE AND RISK MANAGEMENT PURPOSES
This Fifth Amendment To Joint Exercise Of Powers Agreement For Insurance and Risk Management Purposes C Agreement" is executed by and among the public entities, hereafter referred to as Member or Members, each of which is organized and existing under the laws of the State of California and is a signatory to this Agreement and listed in Appendix "A", which is attached hereto and made a part hereof. This Agreement, dated October 13, 2004, for identification purposes, amends the Joint Exercise of Powers Agreement For Insurance and Risk Management Purposes dated August 12, 1998.

RECITALS
This Agreement is predicated upon the following facts:

The following State laws, among others, authorize the Members to enter into this Agreement:

1. Labor Code Section 3700, permitting a Member to fund its own Workers' Compensation claims;

2. Government Code Section 990, permitting a Member to insure itself against tort or inverse condemnation liability;
App, oved by the Governing Boast October 13, 2004
1 City Council 15 – 5 8/6/2024

3. Government Code Section 990.4, permitting a Member to provide insurance and self-insurance in any desired combination;

4. Governmcnt Code Section 990.6, permitting the proper costs for self-insurance to be charged against each Member and authorizing the Governing Board to make premium payments for such coverage in an amount such Governing board determines to be necessary to provide such coverage;

5. Government Code Section 990.8, permitting two or more Members to enter into an agreement to jointly fund such expenditures under the authority of Government Code Sections 6500 gt seq.;

6. Government Code Section 6500 et seq., permitting two or more Members to jointly exercise, under an agreement, any power which is common to each of them.

NOW, IREREFORE, for and in consideration of the mutual benefits, covenants, and agreements set forth in this Agreement, the Members agree as follows:

1. 1 Pursuant to Article I (commencing with Section 6500) ofChapter 5 of Division 7 ofTitle 1 ofthe Government Code ofthe State ofCalifornia, the Members hereby create a public entity, separate and apart from the Members, to be known as the Approved by the OMven ing Bond Oambw 13, 2004
2 City Council 15 – 6 8/6/2024
Independent Cities Risk Management Authority, hereinafter referred to as ICRMA" or the "Authority". Pursuant to Government Code Section 6508. 1, the debts, liabilities, and obligations of the Authority shall not constitute debts, liabilities, or obligations ofany Member.

ARTICLE 2. PIMPOSE.

2. 1 The purpose of creating this Authority is to exercise the powers ofthe Members to jointly accomplish the following;

2.1. 1 Develop effective Risk Management Programs to reduce the amount and frequency oftheir losses.

2.1. 2 Develop Risk Management Programs of insurance to protect Members from the effects of catastrophic or unexpected losses.

Such programs shall include, but not be limited to, coverages for losses arising out ofTort Liability, Workers' Compensation, Health Benefits, and the ownership or use ofreal or personal property.

2. 1. 3 Design Risk Management Programs of the Authority on a pooled or self -funded basis whereby the Members share some portion, or all, ofthe costs ofthe program losses,

2. 1. 4 Jointly purchase insurance, excess insurance, or reinsurance and/or develop alternative financial arrangements for the purpose of transferring risk ofloss to commercial insurers.

Approved by the roverving Beard natober 13, 2004
3 City Council 15 – 7 8/6/2024

2. 1. 5 Assist Members to the maximum extent authorized by law to secure long term solutions enabling the Authority to provide adequate protection to Members against catastrophic, or greater than expected, claims and to attract major reinsurers for the purpose oftransferring risk.

2. 1. 6
Jointly secure administrative and other services including, but not limited to, general administration, underwriting, risk management, loss prevention, claims adjusting, data processing, brokerage, accounting, and legal services when related to any of the other purposes.

ARTICLE 3. DEFINITIONS

3. 1 The following definitions shall apply to the provisions of this Agreement and the Bj Laws ofthe Authority and Disk Management C1ograms..

3.1, 1 " Agreement" shall mean this Agreement, as it may be amended from time to time, creating the Independent Cities Risk Management Authority,

3. 1. 2 " Board" or " Governing Board" shall mean the governing body of the Authority.

3. 1. 3 " By -Laws" shall mean the Hiles governing the management ofthe Authority and each individual Risk Management Program.

Approved by tha Governing Board October 13, 2004
4 City Council 15 – 8 8/6/2024

3. 1. 4 " Claim(s)" shall mean demand(s) complying with the requirements of California Government Code Section 910 and made against the Member arising out of occurrences which are covered or alleged to be covered by the Authority's Memorandums of Coverage, or policies ofinsurance.

3. I.5 " Fiscal Year" shall mean the period of time commencing on July 1 of each year, and thereafter ending on June 30 each following year.

3. 1. 6 " Governing Documents" shall mean this Agreement, the By -Laws of the Authority and each Risk: Management Program, the Memorandum of Coverage and any other document stipulated as a Governing Document in the By -Laws or by action of the
Governing Board.

3. 1. 7 " Insurance" shall mean insurance or reinsurance purchased by the Authority to cover losses for its Members.

3.1. 8 " Member" shall mean any Municipal Corporation or public entity authorized to be a member of a Joint Powers Authority, which is a party to this Agreement and is participating in one or more Risk Management Programs.

3. 1. 9 " Memorandum of Coverage" shall mean the document or documents issued by the Authority specifying the types of coverages and limits provided to the Members.

Approved by the Gwoming suuddotober 13, 2004
5 City Council 15 – 9 8/6/2024

3. 1. 10 " Program Year" shall mean a period of time in which each program shall be segregated for ease in determining coverage premiums.

3. 1. 11 " Participation" or "Participating' shall mean a Member has elected to jointly participate in the management of a specific risk and is a member ofthat Risk Management Program.

3. 1. 12 " Risk Management" shall mean the process of identifying, evaluating, reducing, transferring, and eliminating risks. Risk Management includes, but is not limited to, various methods of funding claims payments, purchasing insurance, legal defense of claims, controlling losses, and determining self -insured retention levels and the amount of reserves for potential claims.

3.1. 13 " Risk Management Program" shall mean those coverage programs of risk sharing, insurance, and risk management services created by the Authority to manage specific Risk Management Programs, Le, "Liability Risk Management Program".

ARTICLE 4. PARTIES TO THE AGREEMENT AND RESPONSIBIL1TlxS OF MEMBERS.

4.1 Each Member represents and warrants that it intends to, and does hereby, contract with all other Members listed in Appendix. "A", and any new members admitted to the Authority pursuant to Article 16. Each Member also represents and warrants that the withdrawal or expulsion of any Member, pursuant to Article 14 Approved bythe GavemingBond octabu 13, 2004
6 City Council 15 – 10 8/6/2024
or 15, shall not relieve any Member of its rights, obligations, liabilities or duties under this Agreement or the individual Risk Management Programs in which the Member participates.

4.2 Each Member agrees to be bound by and to comply with all of the terns and conditions of the Governing Documents and any Resolution or other action adopted by the Governing Board as they now exist or may hereinafter be adopted or amended, Each Member assumes the obligations and responsibilities set forth in the Governing Documents,
ARTICLE 5. GOVERNING BOARD
51 The Authority shall be governed by a Governing Board the composition ofwhich shall be set forth in the Authority' s By -Laws. Immediately upon admission of a new Member pursuant to Article 16, the Member shall be entitled to appoint a Represer.`Mtive to the Governing Board and an alternate Representative and, if desired, a substitute alternate Representative, each of whom shall meet the parameters set forth in the Authority' s By -Laws. Decisions of the Member representative, or the Governing Board in hialher absence, shall be binding on the Member.

5. 2 The Member Representative and/or alternate Representative or substitute alternate Representative shall be removed from the Governing Board upon the occurrence of any one of the following events: ( 1) the expulsion or withdrawal of the Member from the Authority; ( 2) the death or resignation of the Member Representative; ( 3) the Authority receives the written notice from the Member Approved by t Governing Hoard October 13, 2004
7 City Council 15 – 11 8/6/2024
that the Member Representative is no longer a member of the governing body of the Member or as otherwise provided in the Authority' s By -Laws.

5. 3 Pursuant to Government Code Section 6505,6, the Governing Board shall designate an officer or employee, or officers and employees, to receive, deposit, invest, and disburse the property of the Authority pursuant to Government Code Sections 6505 and 6505. 5. The Governing Board shall fix the amount of the fidelity bond to be filed by such public officer(s) and/or employee(s). 0 ' W—I ' 1 ulMYID c10 e

6.1 Regular Meetings. The Governing Board and all standing committees shall hold meetings at the location and time set forth in the By -Laws of the Authority and each individual Risk Management Program,

6.2 Ralph M. Brown Act. All meetings of the Governing Board, and appointed committees, including without limitation, regular, adjourned regular, and special meetings, shall be. called, noticed, held, and conducted in accordance with the Ralph M. Brown Act (Section 54950 et, seq, of the Government Code).

6.3 Minutes. Minutes ofregular, adjourned regular, and special meetings of the Authority shall be kept under direction ofthe Secretary. As soon as possible after each meeting, the Secretary shall forward copies of the minutes to each Governing Board member.

6.4 Quorum. A majority ofthe members of the Governing Board is a quorum for the transaction ofbusiness. However, less than a quorum may adjourn from time to Approved by the Governing Board October 13, 2004
City Council 15 – 12 8/6/2024
time, Avote ofthe mlljority of a quorum at a meeting is sufficient to take action.

ARTICLE 7. OFFICERS.

7. 1 The Governing Board shall elect a president, vice-president, Treasurer and Secretary from among its members. The manner of election and term ofoffice of elected officers and their authority and responsibilities shall be as set forth in the Authority By -Laws. If any ofthe officers cease to be a Member' s representative, the resulting vacancy shall be filled as provided in the Authority By -Laws. The Governing Board may appoint such other officers as it considers necessary.

ARTICLE S. OARS.

8. 1 The Authority shall have the powers common to its Members and is authorized, in its own name, to do all acts necessary and to exercise such common powers to fulfill the purposes of this ?agreement referred to in Article 2 including, but not limited fn_ earh nfthe- following:

8. 1. 1 Finance through the issuance of Bonds or other financial Instruments of indebtedness, self-insurance reserve Brads necessary or convenient for the implementation ofthis Agreement. g. 1. 2 Incur debts, liabilities, and obligations.

8. 1. 3 Acquire, hold, or dispose ofreal and personal property.

8. 1. 4 Receive contributions and donations of property, funds, services, and other forms of assistance from any source.

8. 1. 5 Sue and be sued in its ownname.

Appmved% amGDVM ing nomdOctobu 13, 2N4
9 City Council 15 – 13 8/6/2024
0 8. 1. 6 Employ agents and employees.

8. 1. 7 Acquire, construct, manage, maintain, or operate buildings, works, or improvements.

8. 1. 8 Lease real orpersonal property, including that of a Member.

8. 1. 9 Receive, collect, and disburse monies.

8. 1. 10 invest money in the treasury of the Authority in the same manner and on the same conditions as local agencies pursuant to Government Code Section 53601.

8. 1. 11 Exercise all other powers necessary and proper to carry out the provisions ofthisAgreement.

8. 1. 12 Develop and implement Risk Management Programs.

81. 13 Jointly purchase for the benefit of Members, insurance, excess insurance, reinsurance, and enter into agreements for the benefit of Members, for the purpose oftransferring risk ofloss to commercial insurers or reinsurers orother insurance pools.

ARTICLE 9. RISK MAiVAGEMENT PROGRAMS.

9. 1 The Governing Board shall establish Risk Management Programs as provided in the Authority' sBy -Laws.

9.2 No Risk Management Program shall become operational, or possess any authority, until the proposed Risk Management Program By -Laws have been AppmvW by We GovemfngacentOctnher 13, 2004
10 City Council 15 – 14 8/6/2024
approved by the Governing Board. The voting on the approval ofBy -Laws shall be restricted to Governing Board Member representatives of the particular Risk Management Program. Approval of the By -Laws and any amendments thereto shall be as provided in the By -Laws of the individual Risk Management Programs. On approval of the By -Laws, the various Risk Management Programs shall become operational and will have all ofthe powers specifically delegated to them by the Governing Board.

ARTICLE 10. BUDGET

10. 1 The Governing Board shall adopt an annual budget not later than 30 days prior to the beginning ofeach Fiscal Year,
ARTICLE 11. ANNUAL AUDIT AND REVIEW.

11. 1 The Governing Board shall cause an annual financial audit of the accounts and reeor& to he mado and fled as provided in the Authority' s BY=Lavrsand the laws ofthe State.

ARTICLE 12. TSTABLISHMENT AND ADMINISTRATION OF FUNDS

12. 1 Funds of the Authority may be commingled for investment and administration purposes. However, each Risk Management Program shall be accounted for separately on a full accrual basis.

12. 2 The Governing Board shall establish the policy for warrants drawn to pay demands against the Authority.

12.3 The coverage for each Program Year of each Risk Management Program shall be as specified in the Memorandum of Coverage or policies of insurance for that Approved byWe noveming Beard enfn6er 13. 2004
11 City Council 15 – 15 8/6/2024
Program Year ofthe Risk Management Program.

ARTICLE 13. WITHDRAWAL.

13. 1 Any Member which enters a Risk Management Program maywithdraw from that Risk Management Program and may at a later time seek to renew participation in said Program subject to the terms and conditions as set forth in the By -Laws of that particular Risk Management Program.

13. 2 A Member is no longer a party to the Authority or this Agreement upon its withdrawal from all of the Authority' s Risk Management Programs.

ARTICLE 14. EXPULSION.

14. 1 The Governing Board may expel any Member from the Authority and/ or from a Risk Management Program at any time for :material breaches of the Governing Documents. Such expulsion shall be as provided in the By -Laws ofthe Authority or each Individual Risk Management Program.

ARTICLE 15. TERMINATION.

15. 1 This Agreement shall continue until terminated by vote or written consent of twothirds of the Members provided, however, that this Agreement and the Authority shall continue to exist for the purposes of disposing of all claims, the distribution of assets, and any other functions necessary to conclude the affairs of the Authority.

15. 2 Upon termination of this Agreement, all assets of the Authority shall be distributed only among the Members that have been participants in its. Risk Management Programs, including any of those Members which previously Approved by the Governing Board Ootdar 13, 2004
12 City Council 15 – 16 8/6/2024
withdrew or were expelled pursuant to Articles 13 and 14 of this Agreement, in accordance with and proportionate to their net premium payments made during the term of this Agreement. The Governing Board shall determine such distribution within six months after the last claim covered by this Agreement has been finalized.

15.3 The Governing Board is vested with all powers ofthe Authority for the purpose of concluding and dissolving the business affairs ofthe Authority. These include the power to require those Members which were Risk Management program participants at the time of any particular occurrence which was covered or alleged to be covered under the Memorandum(s) of Coverage or policies of insurance to pay their share of any additional amount of premium deemed necessary by the Governing Board for the .final disposition of all claims and expenses associated with such loss.

ARTICLE 16. NEW MEMBERS.

16. 1 Any governmental agency, organized and operating underthe laws of the State of California which is authorized to participate in a joint powers authority under the Government Code may become a member ofthe Authority by complying with the requirements ofthe Authority By -Laws.

ARTICLE 17, LIABILrr Y OF THE AUTHORITY.

17.1 Each Member agrees to indemnify, save and defend the Authority and all other Members harmless from and against all claims, losses, and damages, including legal fees and expenses, arising out of anybreach or default on the part of such Approved by the Ow wing Board Octobae 13, 2004
13 City Council 15 – 17 8/6/2024
Member in performance ofany ofits obligations under this Agreement, or any act or negligence of such Member or any of its agents, contractors, servants, employees or licensees with respect to this Agreement. No indemnification is made under this Section for claims, losses or damages, including legal fees and expenses, arising out of the willful misconduct, negligence or breach of duty under this Agreement by the Authority or a Member or their officers, employees, agents or contractors.

17.2 The Representatives to the Governing Board and to each ofthe Risk Management Programs and any officer, employee, contractor, or agent of the Authority shall use ordinary care and reasonable diligence in the exercise of their power and in the performance oftheir duties under this Agreement.

17.3 Funds of the Authority may be used to defend, indenmify, and hold harmless the Authority andany member ofthe Governing Board,. any member ofa .Risk Management Program, and any employee ofthe Authority fortheir actions taken within the scope of theirduties while acting on behalf ofthe Authority. Nothing herein shall limit the right of we Authority topurchase insurance toprovide such coverage asis hereinabove setforth. ARTICLE
18, NOTICES, 18.
1 Notices toeach Member under this Agreement shallbe sufficient ifmailed toits respective address on file with the Authority. Any Member may designate any other address insubstitution ofthe foregoing address to which such notice will be given at any time by giving five days written notice tothe Authority andall other Approved bytbe eovnnkg BoardOctober 13,20e4 14
City Council 15 – 18 8/6/2024
I
Members.

ARTICLE 19.
19d This Agreement may be amended at any time by vote of two-thirds of the Members acting through their governing body. Amendments to the individual Risk Management Program By -Laws require the two -third vote of the Governing Board members representing Members of that Risk Management Program.

ARTICLE20. SEVERABDUTY.
20,1 Should any portion, term, condition, or provision ofthis Agreement be decided by a court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or be otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions, and provisions shall not be affected thereby.

ARTICLE 21. AGREEMENT COMPLETE.

21. 1 The foregoing constitutes the full and complete Agreement of the parties. ' There are no oral understandings or agreements not set forth in writingherein, ARTICLE 22. TERM OF AGREEMENT.

22. 1 This fifth amended Agreement shall become . effective upon the Authority receiving notice of the approval by the governing body of two-thirds of the Members.

IN WITNESS WBMWOF, the parties hereto have executed this Agreement as ofthe day Approvedby the Oevamiug BWdOdober 13. 2004
15 City Council 15 – 19 8/6/2024
and year first written above.

Cityof Santa Ana
By.

Title riry Alanngpr
Executed before me this
dayof_ 200
City Seal)
City Clerk
City of_ Santa Ana

APPROVED AS TO FORM
SeniorAssiitaut City Attorney

FOR APOROVAL
Executive Difector, Human Resources
MPmed by theGoxmmg aomd Oetaha 13, 2004
16 City Council 15 – 20 8/6/2024
d
APPENDIX "A"

INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY

MEMBER CITIES

1. Alhambra

2. Arcadia

3. Azusa

4. Baldwin Park
S. Bell
6, Buena Park

7. Chino

8. Colton

9. Culver City

10. Downey
11, E1 Monte

12. El Segundo

13. Fullerton

14. Glendora

15. Hawthorne
147448.4 ( MSWORD) OOOGoM000

16. Hermosa Beach

17. Huntington Park

18. Inglewood

19. La Habra

20. Lynwood

21. Manhattan Beach
22, Monrovia

23. Monterey Park

24. Redondo Beach
25, San Fernando
26, South Gate

27. Upland

28. Vernon

29. Whittier
City Council 15 – 21 8/6/2024

INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY

FIFTH AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT

FOR INSURANCE AND RISK MANAGEMENT PURPOSES
147449.4 ( MS WORD) 0006M.9000
City Council 15 – 22 8/6/2024
INSURANCE NOT ON FILE A-2023- 140

WORK MAY EDT PROCEED

CITY CLERK

DATE, AGREEMENT FOR CONSULTANT SERVICES BETWEEN
CITY OF SANTA ANA AND ARTHUR J. GALLAGHER RISK
p. " V- 0 MANAGEMENT SERVICES LLC
C&L, jr%01( V 1 INSURANCE BROKER SERVICES
eraN
THIS AGREEMENT is made and effective as of August 1, 2023 between the City of Santa av Ana, a municipal corporation ( hereinafter referred to as " City"), and Arthur J. Gallagher Risk cv Management Services LLC, a Delaware limited liability company ( hereinafter referred to as Consultant"). City and Consultant are also referred to collectively as "the Parties" or singularly Q as a "Party." In consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:

TERM
This Agreement shall commence on August 1, 2023, and shall remain and continue in effect until tasks described herein are completed, but in no event later than August 31, 2026 unless sooner terminated pursuant to the provisions of this Agreement. The Parties acknowledge that Consultant has been providing services since July 1, 2023. This Agreement can be canceled by either Party with thirty (30) days written notice to the other Party.

2. SERVICES
Consultant shall perform insurance brokerage services for the placement of the City of Santa Ana' s insurance programs as outlined in Exhibit A.

3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.

4. PAYMENT
a. The City agrees to pay Consultant for insurance premiums invoiced for insurance placements.
b. Consultant will submit invoices for insurance premiums. Invoices shall be submitted once insurance coverage is bound. Payment shall be made within thirty ( 30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.

The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers City Council 15 – 23 8/6/2024
and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.

6. RELEASE OF INFORMATION
a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from Risk Management Department or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered " voluntary" provided Consultant gives City notice of such court order or subpoena.
b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by ( i) personal service, ( ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.

Mailing Address: City of Santa Ana
20 Civic Center Plaza, M- 28
Risk Management, 41h Floor
Santa Ana, CA 92701
AND
City Clerk
City of Santa Ana
20 Civic Center Plaza, M- 30
Santa Ana, CA 92702
To Consultant: Arthur J. Gallagher & Co., Insurance Brokers of California., Inc.

Susan J. Blankenburg
San Francisco, CA 94111
415-536-8417
Susan Blankenburgft—aia. com
City Council 15 – 24 8/6/2024

8. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant.

9. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

10. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Santa Ana. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.

YII'_ I C- u
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

12. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The Risk Management Department is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: ( a) name changes; ( b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination.

City Council 15 – 25 8/6/2024
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF SANTA ANA Arthur J. Gallagher & Co.

By: By:

Kristine Ridge
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

Sonia R. Carvalho
City Attorney
By: So. N. I2 via X
Michael Gallagher, Area President
Laura A. Rossini CONSULTANT
Chief Assistant City Attorney Arthur J. Gallagher & Co.

Susan J. Blankenburg
1255 Battery Street, Suite 450
San Francisco, CA 94111
415) 536- 8417
Susan Blanken burgCa)aig.corn PM
Initials: Date:

City Council 15 – 26 8/6/2024

CLIENT SERVICE AGREEMENT

EXHIBIT A
The following outlines Services provided by Gallagher over the term of this Agreement:

Use its best efforts to secure the following lines of insurance coverage on Client's behalf:

List of Insurance Placements:

Underground Storage Tanks
Excess Liability (Buffer)
Excess Workers' Compensation ( Buffer)
Terrorism
Difference in Conditions (Earth Movement & Flood)
Work with Client to prepare comprehensive underwriting data and criteria for insurance carrier negotiations.

Formally present coverage submissions to agreed upon insurance carrier(s) and negotiate terms on behalf of Client.

Summarize the results of executing the marketing strategy developed with Client and communicate program recommendations.

Provide consultation to Client on exposures, existing coverage, and the desirability and/ or feasibility of potential program changes, retention and data analysis as recommended by Gallagher.

Request change endorsements, when requested by the Client or when otherwise necessary, ensuring accuracy and delivery in a timely manner.

Administration of insurance program (only if applicable), including policy review and issuance, invoicing, coordination and/ or issuance of required documentation, i. e., certificates of insurance, and other program administration, as required by the Client.

Review accounting and billing data; audit information from insurance carriers to ensure accuracy Other Services:
o Risk Control Services
o Loss control consultation and claim advocacy
o Certificate Tracking
City Council 15 – 27 8/6/2024
18201 Von Karman, Suite 200, Irvine, CA 92612 Phone: 760-217-4952 Questions: [email protected]

INVOICE
Description Amount
Liability Program 2024/2025 6,927,723.00
Workers' Compensation Program 2024/2025 459,770.00
Property & Equipment Breakdown Program 2024/2025 534,757.00 Auto Physical Damage (APD) Program 2024/2025 185,294.00 Crime Program 2024/2025 17,563.00
Cyber Program 2024/2025 118,787.00
2024/2025 Risk Management Fund Contribution - OPTIONAL 5,000.00 TOTAL AMOUNT DUE $ 8,248,894.00
Payment Instructions
Wire (ACH) payments:

Bank Name: California Bank & Trust
Bank Address: 520 Capitol Mall, Suite 380, Sacramento, CA 95814 Routing Number: 121002042
Account Number: 1030068561
For credit to: Independent Cities Risk Management Authority Checks:

Please mail payments to: ICRMA
c/o Eide Bailly LLP
Attn: Brad Rockabrand
10681 Foothill Blvd., Ste. 300
Rancho Cucamonga, CA 91730
Bill To:

CITY OF SANTA ANA
20 Civic Center Plaza
4th Floor (Risk Management)
Santa Ana,CA 92701
Customer #:

CUS_1047
Invoice #:
4373
Invoice Date:
07/01/2024
Due Date:
07/31/2024
Total Due: $ 8,248,894.00
In accordance with Article V Section D.1-3 of the ICRMA Bylaws, unless other arrangements for payment have been approved by the Governing Board, Members with delinquent amounts due shall be assessed a penalty which shall be one percent of the unpaid amount due and payable to the Authority 30 days after the initial invoice due date. A penalty of another one percent shall accrue after an additional 45 days.

Interest shall accrue on all delinquent amounts due and payable to the Authority at the applicable rate of 10% per annum from the due date of the billing until the date finally posted by the designated financial institution.

A member may appeal any surcharge assessed in accordance with Article XII of the ICRMA Bylaws.

INDEPENDENT CITIES

RISK MANAGEMENT AUTHORITY
A Joint Powers Authority
City Council 15 – 28 8/6/2024
Arthur J. Gallagher Risk Management Services, LLC BATMI1 San Francisco, CA 94105
Invoice # 5195470 1 of 3 Phone: (415)546-9300
ACCOUNT NUMBER DATE SANTAANA-1 7/15/2024
BALANCE DUE ON AMOUNT DUE 7/8/2024 $3,473,573.47
City of Santa Ana
20 Civic Center Plaza, M-28
Risk Management, 4th Floor
Santa Ana, CA 92701
Excess Workers Comp PolicyNumber: ABL100000805 Company: Response Indemnity Company of California Effective: 7/1/2024 to 7/1/2025 Item # Trans Eff Date Due Date Trans Description Amount 34874868 7/1/2024 7/8/2024 RENB WC Buffer - $500K xs $1.5M SIR $300,027.00 Difference in Conditions PolicyNumber: ESP30001763404 Company: Endurance American Specialty Ins Co Effective: 7/1/2024 to 7/1/2025 Item # Trans Eff Date Due Date Trans Description Amount 34874912 7/1/2024 7/8/2024 RENB Primary EM/Flood - $5M part of $10M $370,000.00 34874916 7/1/2024 7/8/2024 SLTX Surplus Lines Taxes $11,100.00 34874919 7/1/2024 7/8/2024 STFX Stamping Fees $666.00
Excess Liability PolicyNumber: IXG677029A Company: General Star Indemnity Company Effective: 7/1/2024 to 7/1/2025 Item # Trans Eff Date Due Date Trans Description Amount 34982883 7/1/2024 7/15/2024 RENB Excess Liability Buffer - $1M xs $2M SIR $1,750,000.00 34982885 7/1/2024 7/15/2024 SLTX Surplus Lines Taxes - CA $52,500.00 34982887 7/1/2024 7/15/2024 STFX Stamping Fees - CA $3,150.00 Difference in Conditions PolicyNumber: LHD944859 Company: Landmark American Insurance Company Effective: 7/1/2024 to 7/1/2025 Item # Trans Eff Date Due Date Trans Description Amount 34874968 7/1/2024 7/8/2024 RENB Primary EM/Flood - $2.5M part of $10M $185,000.00 34874970 7/1/2024 7/8/2024 CFEE Carrier Policy Fee $1,500.00 34874984 7/1/2024 7/8/2024 SLTX Surplus Lines Taxes $5,595.00 34874989 7/1/2024 7/8/2024 STFX Stamping Fees $335.70
Excess Difference in ConditiPolicyNumber: MCQ0101224 Company: Mt Hawley Insurance Company Effective: 7/1/2024 to 7/1/2025 Item # Trans Eff Date Due Date Trans Description Amount Please return this portion with your payment. Include your invoice number on your remittance to expedite processing.

BATMI1
City of Santa Ana Invoice # 5195470 20 Civic Center Plaza, M-28 Risk Management, 4th Floor
Santa Ana, CA 92701
ACCOUNTNUMBER DATE SANTAANA-1 7/15/2024
BALANCE DUE ON AMOUNT DUE 7/8/2024 $3,473,573.47
AMOUNT PAID Please send your remittance to:

Arthur J. Gallagher Risk Management Services, LLC
P.O. Box 39735
Chicago, IL 60694-9700
PAY ONLINE AT: WWW.AJG.COM/EZPAY City Council 15 – 29 8/6/2024 Arthur J. Gallagher Risk Management Services, LLC BATMI1 San Francisco, CA 94105
Invoice # 5195470 2 of 3 Phone: (415)546-9300
ACCOUNT NUMBER DATE SANTAANA-1 7/15/2024
BALANCE DUE ON AMOUNT DUE 7/8/2024 $3,473,573.47
City of Santa Ana
20 Civic Center Plaza, M-28
Risk Management, 4th Floor
Santa Ana, CA 92701
34875022 7/1/2024 7/8/2024 RENB XS EM/FL - $5M xs $10M $229,100.00 34875025 7/1/2024 7/8/2024 CFEE Catastrophe Analysis Fee $500.00 34875029 7/1/2024 7/8/2024 SLTX Surplus Lines Taxes $6,888.00 34875033 7/1/2024 7/8/2024 STFX Stamping Fees $413.28
Excess Difference in ConditiPolicyNumber: PE705469 Company: Palomar Excess and Surplus Insurance Compan Effective: 7/1/2024 to 7/1/2025 Item # Trans Eff Date Due Date Trans Description Amount 34875047 7/1/2024 7/8/2024 RENB XS EM/FL - $10M xs $15M $338,338.00 34875049 7/1/2024 7/8/2024 CFEE Catastrophe Analysis Fee $600.00 34875054 7/1/2024 7/8/2024 SLTX Surplus Lines Taxes $10,168.14 34875059 7/1/2024 7/8/2024 STFX Stamping Fees $610.09
Difference in Conditions PolicyNumber: PLM0084424 Company: Palms Insurance Company, Limited Effective: 7/1/2024 to 7/1/2025 Item # Trans Eff Date Due Date Trans Description Amount 34874944 7/1/2024 7/8/2024 RENB Primary EM/Flood - $2.5M part of $10M $185,000.00 34874952 7/1/2024 7/8/2024 CFEE Carrier Policy Fee $1,500.00 34874955 7/1/2024 7/8/2024 SLTX Surplus Lines Taxes $5,595.00 34874958 7/1/2024 7/8/2024 STFX Stamping Fees $335.70
Terrorism Standalone PolicyNumber: W27D07240601 Company: Lloyd's Syndicate 3623 (Beazley Furlonge Limite Effective: 7/1/2024 to 7/1/2025 Item # Trans Eff Date Due Date Trans Description Amount 34874844 7/1/2024 7/8/2024 RENB Terrorism Standalone - $10M $14,200.00 34874846 7/1/2024 7/8/2024 SLTX Surplus Lines Taxes $426.00 34874850 7/1/2024 7/8/2024 STFX Stamping Fees $25.56
Total Invoice Balance: $3,473,573.47
Please return this portion with your payment. Include your invoice number on your remittance to expedite processing.

Arthur J. Gallagher Risk Management Services, LLC
P.O. Box 39735
Chicago, IL 60694-9700
PAY ONLINE AT: WWW.AJG.COM/EZPAY City Council 15 – 30 8/6/2024 Arthur J. Gallagher Risk Management Services, LLC BATMI1 San Francisco, CA 94105
Invoice # 5195470 3 of 3 Phone: (415)546-9300
ACCOUNT NUMBER DATE SANTAANA-1 7/15/2024
BALANCE DUE ON AMOUNT DUE 7/8/2024 $3,473,573.47
City of Santa Ana
20 Civic Center Plaza, M-28
Risk Management, 4th Floor
Santa Ana, CA 92701
Please return this portion with your payment. Include your invoice number on your remittance to expedite processing.

Arthur J. Gallagher Risk Management Services, LLC
P.O. Box 39735
Chicago, IL 60694-9700
PAY ONLINE AT: WWW.AJG.COM/EZPAY City Council 15 – 31 8/6/2024 Planning and Building Agency
www.santa-ana.org/planning-and-building
Item # 16
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 6, 2024
TOPIC: Historic Property Preservation Agreements

AGENDA TITLE
Historic Property Preservation Agreements for the Properties Located at 1205 S Birch Street and 516 W 19th Street

RECOMMENDED ACTION
Authorize the City Manager to execute the attached Mills Act agreements with the below-referenced property owners for the identified structure(s) (Agreement Nos. A2024-XXX and A-2024-XXX). [Includes determination that the proposed projects are exempt from further review in accordance with the California Environmental Quality Act as the following Categorical Exemptions will be filed: ER No. 2024-11 and ER No. 2024- 17]
Table 1: Mills Act Agreements Approved by the Historic Resources Commission (HRC) Property Owner(s)
Historic Property
Preservation
Agreement No.

Address/House Vote by HRC
Michael T. Altshuler 2024-03 1205 S. Birch Street
6:0:0:3 (Commissioner
Shipp, Hardy, and
Padilla absent)
Jill Brumett and Mona
R. Konstan 2024-04 516 W. 19th Street
6:0:0:3 (Commissioner
Shipp, Hardy, and
Padilla absent)
GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
On May 8, 2024, the Historic Resources Commission (HRC) recommended that the City Council authorize the City Manager to execute the Mills Act agreements listed in Table 1, above, with the identified property owners for historic structure(s) in the City, subject to non-substantive changes approved by the City Manager and City Attorney. 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).

City Council 16 – 1 8/6/2024
Historic Property Preservation Agreements
August 6, 2024

Page 2 ends

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. 2024-11 (516 W. 19th Street)
• ER No. 2024-17 (1205 S. Birch Street)

FISCAL IMPACT
The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $1,902.52 annually noted below, for a period of not less than ten years.

HPPA No. Address Estimate Exhibit No.
2024-03 1205 S. Birch Street $1,097.57 1-2
2024-04 516 W. 19th Street $804.95 3-4
Total for All Properties: $1,902.52

EXHIBIT(S)

1. Mills Act Agreement – 1205 S. Birch Street

2. HRC Staff Report – 1205 S. Birch Street

3. Mills Act Agreement – 516 W. 19th Street

4. HRC Staff Report – 516 W. 19th Street
Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Alvaro Nuñez, Acting City Manager
City Council 16 – 2 8/6/2024

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Santa Ana
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Attn: City Clerk’s Office
FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383
_________________________________________________________________________

HISTORIC PROPERTY PRESERVATION AGREEMENT
This Historic Property Preservation Agreement (“Agreement”) is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as “City”), and Michael T. Altshuler, a single man, (hereinafter collectively referred to as “Owner”), owner of real property located at 1205 South Birch 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 1205 South Birch Street, Santa Ana, CA, 92707 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.

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 City Council ([KLELW 16 – 3 8/6/2024

MILLS ACT AGREEMENT
1205 South Birch Street
Santa Ana, CA 92707
-2-
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 August 7, 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 “Historical Property Description” attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City.

City Council 16 – 4 8/6/2024

MILLS ACT AGREEMENT
1205 South Birch Street
Santa Ana, CA 92707
-3-
b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior’s Standards and Guidelines for Historic Preservation Projects. These guidelines 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. f. Owner shall implement the rehabilitation and restoration work items as discussed in detail in the City Council Historic Property Preservation Agreement (HPPA No. 2024-3) staff report dated May 8, 2024. All work items shall be completed within the first ten years of the Mills Act Agreement. Proof of completion, as requested by the City of Santa Ana, will be required in order to satisfy and maintain the Mills Act Agreement.

4. Furnishing of Information.

The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement.

MILLS ACT AGREEMENT
1205 South Birch Street
Santa Ana, CA 92707
-4-
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.
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 1205 South Birch Street, Assessor Parcel Number, 013-152-02, 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.

City Council 16 – 6 8/6/2024

MILLS ACT AGREEMENT
1205 South Birch Street
Santa Ana, CA 92707
-5-
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: City Clerk’s Office
Owners: Michael T. Altshuler
1205 South Birch Street
Santa Ana, CA 92707

MILLS ACT AGREEMENT
1205 South Birch Street
Santa Ana, CA 92707
-6-
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.

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.

City Council 16 – 8 8/6/2024

MILLS ACT AGREEMENT
1205 South Birch Street
Santa Ana, CA 92707
-7-
ATTEST: CITY OF SANTA ANA
________________________
JENNIFER L. HALL
City Clerk
_________________________
$/9$5218f(=
$FWLQJCity Manager
OWNERS
Date: ______________________ By:_________________________ MICHAEL T. ALTSHULER
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
y: _____________________

RANDON SALVATIERRA
City Council 16 – 9 8/6/2024

MILLS ACT AGREEMENT
1205 South Birch Street
Santa Ana, CA 92707
-8-

EXHIBIT A

LEGAL DESCRIPTION

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA

ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

LOT 31 OF TRACT NO. 921, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, SHOWN ON A MAP THEREOF, RECORDED IN BOOK 28, PAGE 45 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY.

Assessor’s Parcel Number: 013-152-02
City Council 16 – 10 8/6/2024

EXECUTIVE SUMMARY

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DQGGHFRUDWLYHHOHPHQWVRIZRRGZURXJKWLURQWLOHRUVWRQH SUMMARY/CONCLUSION:
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City Council 16 – 11 8/6/2024
State of California The Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code_____________________________________
Other Listings_____________________________________________________________________ Review Code________ Reviewer________________________ DateBBBBBBBBBBBBBBB Page _1_ RI_4_ Resource name(s) or number
DVVLJQHGE\UHFRUGHU
Levengood House
P1. Other Identifier:
*P2. Location: 1RWIRU3XEOLFDWLRQ8QUHVWULFWHG *a. County Orange County *b. USGS 7.5’ Quad 7&$ Date:

c. Address1205 South Birch Street City Santa Ana Zip 92707

e. Other Locational Data: $VVHVVRU¶V3DUFHO1XPEHU75 /27
*P3a. Description:
'HVFULEHUHVRXUFHDQGLWVPDMRUHOHPHQWV,QFOXGHGHVLJQPDWHULDOVFRQGLWLRQDOWHUDWLRQVVL]HVHWWLQJDQGERXQGDULHV

Substantially intact and enhanced by its landscaping, this is an example of a modestly sized Spanish Colonial Revival home.

The tiled roof is cross-gabled and moderately pitched over the front of the building, while the rear of the house is flat-roofed and circled by a tile-edged parapet. Smooth stucco covers the exterior of the building. Clay pipe vents pierce the gable ends. A porch is recessed beneath the side gable on the north half the façade. Wooden posts with carved brackets support the roof overhang and a waist high stucco wall encloses the porch space. A tripartite window and the entry open onto the porch. In an unusual departure from a standard Spanish roof configuration, a small, front gabled dormer is located above the porch. The southern half of the façade contains a large, picture window, to which an aluminum canopy has been added, offset to the south and a tall, slender window to the north. A three-sided bay projects from the south elevation. Although reroofed, the house retains its design integrity. *P3b. Resource Attributes:

OLVWDWWULEXWHVDQGFRGHV
HP2. Single-family Property
*P4. Resources Present: %XLOGLQJ6WUXFWXUH2EMHFW6LWH'LVWULFW(OHPHQWRI'LVWULFW2WKHU P5b. Photo:

YLHZDQGGDWH

West elevation
September 2003
*P6. Date Constructed/Age and
Sources: KLVWRULF
1929/ Source: City of Santa Ana
Building Permits
*P7. Owner and Address:
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6RXWK%LUFK6WUHHW
6DQWD$QD&$

*P8. Recorded by:

Leslie J. Heumann
SAIC
35 S. Raymond Ave. # 204
Pasadena, CA 91105
*P9. Date Recorded:

October 1, 2003
*P10. Survey Type:

Intensive Survey
*P11. Report Citation:
&LWHVXUYH\UHSRUWDQGRWKHUVRXUFHVRUHQWHU³QRQH´

None.
*Attachments: 1RQH/RFDWLRQ0DS6NHWFK0DS&RQWLQXDWLRQ6KHHW%XLOGLQJ6WUXFWXUHDQG2EMHFW5HFRUG $UFKDHRORJLFDO5HFRUG'LVWULFW5HFRUG/LQHDU)HDWXUH5HFRUG0LOOLQJ6WDWLRQ5HFRUG5RFN$UW5HFRUG $UWLIDFW5HFRUG3KRWRJUDSK5HFRUG2WKHU
OLVW

DPR 523A (1/95) *Required information
3D3KRWR
City Council 16 – 12 8/6/2024
State of California The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________

BUILDING, STRUCTURE, AND OBJECT RECORD
Page 2 of 4 *NRHP Status Code_5S1_________________________ *Resource Name or #:Levengood House
% +LVWRULF1DPH
Levengood House
% &RPPRQ1DPH
Same
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Single-family Residence %3UHVHQW8VH
Single-family Residence
*B5. Architectural Style: Mission/Spanish Colonial Revival *B6. Construction History:
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Constructed in 1930.

July 5, 1930. Residence and garage.

June 11, 1943. Reroof.

October 6, 1952. Reroof residence.

June 26, 1986. Wood patio deck, spa.

February 8, 1990. Reroof house and garage.
*B7. Moved? No Yes Unknown Date:BBBBBBBBBB Original Location:BBBBBBBBBBBBBBBBBBBBBBBBBBBBB *B8. Related Features:

None.
%
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Unknown E %XLOGHU
Unknown
*B10. Significance: ThemeResidential Architecture AreaSanta Ana Period of Significance: circa 1920-1954 Property Type:Single-family Residence Applicable Criteria:C

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The Levengood House is architecturally significant as a representative example of the Spanish Colonial Revival style, one of many that characterize the Wilshire Square neighborhood. The house and garage were constructed in 1930 at a cost of $3,650.00 for Mrs. Mary Leavengood, who had occupied the residence by 1931. The house remained in the Levengood family until at least 1952, according to city building permits. According the 1991 Wilshire Square Home Tour brochure, Mary Levengood was the widow of Frank Levengood, a farmer who struck oil in his bean fields. Mrs. Levengood raised her granddaughter in this house, and lived here until she died in the late 1950s. She also built the house next door, on the corner, for her son.
(See Continuation Sheet 3 of 4.)
% $GGLWLRQDO5HVRXUFH$WWULEXWHV

/LVWDWWULEXWHVDQGFRGHV

*B12. References:

City of Santa Ana Building Permits
Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps
(See Continuation Sheet 4 of 4.)
%5HPDUNV

*B14. Evaluator:Leslie J. Heumann
*Date of Evaluation: October 1, 2003
DPR 523B (1/95) *Required information
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City Council 16 – 13 8/6/2024
State of California The Resources Agency 3ULPDU\BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB DEPARTMENT OF PARKS AND RECREATION +5,BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB CONTINUATION SHEET 7ULQRPLDOBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB Page3Bof4B Resource Name or #
$VVLJQHGE\UHFRUGHU
Levengood House

Recorded by Leslie J. Heumann, SAIC *Date October 1, 2003 _ &RQWLQXDWLRQ8SGDWH DPR 523L
*B10. Significance (continued):

Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods initially 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 Levengood House is located in Wilshire Square, a neighborhood located south of the city center and bounded by West McFadden Avenue on the north, West Edinger Avenue on the south, South Main Street on the east, and South Flower Street on the west. This area remained agricultural in use into the early twentieth century, the landscape dotted with walnut and orange groves. The 1912 plat map of Santa Ana showed South Main Street and Fairview Avenue (now McFadden Avenue) as the only streets in the area, with the majority of the property held by a few landowners: N. Palmer, H. K.

Hanson, O’Brien, and Lewis.

Development of Wilshire Square began circa 1923, when newspaper advertisements for newly subdivided lots costing between $635.00 and $1,875.00 boasted “five foot sidewalks, curbs, electricity, gas, sewer, city water and ornamental trees” (Santa Ana Register, April 12, 1923). By 1923, all of Flower, Garnsey, Van Ness, Ross, and Borchard and portions of the remaining streets had been laid out. Lathrop Junior High School, designed by architect Frederick Eley in 1921 (demolished circa 1970), was constructed on the southwest corner of Fairview and Main and became an anchor of the neighborhood. In 1925, over 65 homes had been built in Wilshire Square, according to a count of addresses listed in the city directories. A 1927 map indicated that the area was zoned for single-family residences, except the east side of Sycamore, which was set aside for “courts and apartments,” apparently as a buffer for the “neighborhood business” zone on South Main Street. By 1930, maps of the City showed that, with the exception of a gap between Borchard and Edinger Avenues on Birch, Broadway, and Sycamore, all the streets in Wilshire Square were in place. Mapped by the Sanborn Company between 1931 and 1940, the neighborhood was substantially developed prior to the beginning of World War II.

Built in three phases, Wilshire Square primarily showcases the revival architectural styles popular during the first phase, circa 1923 to 1931, when 326 homes were built: variations of the Tudor Revival, the Spanish Colonial Revival, and the Colonial Revival. A handful of Craftsman bungalows completed the picture. A second phase, from 1935 to 1942, marked the recovery from the Great Depression and the war preparation years, and resulted in another 171 homes. The post World War II building boom added 91 homes, many in the newly popular California Ranch style. Enhanced by the canopies of mature trees that line many of the streets, Wilshire Square developed as a middle class neighborhood of white and blue collar workers. Homes were both owner and speculator built, and, regardless of style, are unified by their one-story height, scale, common setbacks, and the placement of detached garages in the rear of each property. Retaining these qualities today (2003), the neighborhood was recognized for excellence in urban design by the Orange County Chapter of the American Institute of Architects in 1997.

The Levengood House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a building with the “distinguishing characteristics of an architectural style or period.” The combination of stucco walls and tiled roof and treatment of the patio with its rustic wood posts exhibited on the house are typical features of the Spanish Colonial Revival and demonstrate that the style could be used effectively on both large as well as relatively modest homes. Additionally, the house has been categorized as “Contributive” because it “contributes to the overall character and history” of Wilshire Square and “is a good example of period architecture” as an illustration of the Spanish Colonial Revival style. Character defining exterior features of the Levengood House that should be preserved include, but may not be limited to: materials and finishes (stucco, wood, tile); roof configuration and treatment; massing and composition; original doors and windows; porch; and architectural detailing (porch posts, brackets, and beam).

City Council 16 – 14 8/6/2024
State of California The Resources Agency 3ULPDU\BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB DEPARTMENT OF PARKS AND RECREATION +5,BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB CONTINUATION SHEET 7ULQRPLDOBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB Page4Bof4B Resource Name or #
$VVLJQHGE\UHFRUGHU
Levengood House

Recorded by Leslie J. Heumann, SAIC *Date October 1, 2003 _ &RQWLQXDWLRQ8SGDWH DPR 523L
*B12. References (continued):

Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998.

Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994.

McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984.

National Register Bulletin 16A. “How to Complete the National Register Registration Form.” Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991.

Office of Historic Preservation. “Instructions for Recording Historical Resources.” Sacramento: March 1995.

Historic maps in the collection of the History Room of the Santa Ana Public Library.

Santa Ana and Orange County Directories, 1905-1931.

Santa Ana Register, April 12, 1923.
“Vintage Santa Ana Right On Track.” The Register, January 13, 1990. “Neighbors Gear Up For Big Project.” Los Angeles Times, August 6, 1992. “Neighborliness Lives On Wilshire Square’s Streets.” Los Angeles Times, October 5, 1996. “Wilshire Square—A Profile in Pride of Ownership.” City Line, July/August 2001.

Wilshire Square Neighborhood Association, Home Tour Brochures, 1989-1994. www.wilshiresquare.com
www.geocities.com/Heartland/3383/aia.htm
City Council 16 – 15 8/6/2024

MILLS ACT AGREEMENT
1205 South Birch Street
Santa Ana, CA 92707
- 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 16 – 16 8/6/2024

MILLS ACT AGREEMENT
1205 South Birch Street
Santa Ana, CA 92707
- 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 16 – 17 8/6/2024
Exhibit D: Proposed Structure Improvements (“Work Plan”) 1205 South Birch Street
Item Year Improvement
1 2024 Roof repair – main house and garage
2 2025 Hollywood driveway replacement
3 2026 Replace all replacement windows at the rear and side facades as determined by Planning. New windows to be double-hung wood windows with ogee lugs. Building permit required.
4 2026 Repair garage walls
5 2027 Dry-rot removal from walls
6 2028 Termite treatment
7 2029 Window rehabilitation
8 2030 Repaint exterior
9 2032 Front porch flooring rehabilitation
10 2033 Preserve/restore exterior wood elements
([KLELW'
City Council 16 – 18 8/6/2024
Planning and Building Agency
Item # c
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Historic Resources Commission Staff Report
May 8, 2024
Topic: HPPA No. 2024-03 – The Levengood House (1205 South Birch Street)

RECOMMENDED ACTION
Recommend that the City Council authorize the City Manager and City Clerk to execute a Historic Property Preservation Agreement (Mills Act) with Michael Altshuler for the property located at 1205 South Birch Street, subject to non-substantive changes approved by the City Manager and City Attorney (Exhibit 1).

EXECUTIVE SUMMARY
Michael Altshuler is requesting approval to execute a Mills Act Agreement with the City of Santa Ana at an existing residence located at 1205 South Birch Street that is currently listed on the Santa Ana Register of Historical Properties.

DISCUSSION
Project Location and Site Description
The subject property, known as the Levengood House, consists of an existing one-story Spanish Colonial Revival style residence that is approximately 1,590 square feet in size on a 7,253-square-foot residential lot (Exhibit 2). The Levengood House was added to the Santa Ana Register of Historical Properties (“Register”) in 2003, categorized as “Contributive.”
Analysis of the Issues
Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements, for eligible properties. The property is listed on the Register and categorized as Landmark, making it eligible for a Mills Act Agreement. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner’s voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property’s assessed Historic Resources Commission c -1 5/8/2024
Exhibit 2
City Council 16 – 19 8/6/2024
HPPA No. 2024-03 – The Levengood House (1205 South Birch Street) May 8, 2024

Page 2 ends

value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include:
• Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property In 2003, the Historic Resources Commission placed the Levengood House on the Register and within the “Contributive” category as a representative example of the distinguishing characteristics of an architectural period, and because it contributes to the overall character and history of Wilshire Square and is a good example of period architecture. Character-defining exterior features of the Levengood House that should be preserved include, but may not be limited to: materials and finishes (stucco, wood, tile); roof configuration and treatment; massing and composition; original doors and windows; porch; and architectural detailing (porch posts, brackets, and beam).

In 2011, a permit was issued to remove a non-original garden window in place of a wood casement window with three divided lights on the upper portion of the window. The exterior modification was consistent with the Secretary of Interior Standards for Rehabilitation. It was also noted during the 2024 staff site visit that the aforementioned item was implemented at the subject property.

Additionally, during the 2024 site visit, staff noted the Hollywood driveway paving requires repair, and that some rear and side windows that have been replaced over time with noncompatible windows, requiring restoration of wood windows with ogee lugs. Staff will work with the property owner to address these concerns as part of the rehabilitation and restoration requirements during the duration of the Mills Act Agreement for this property.

Additional future improvements proposed by the homeowner during the initial ten years of the Mills Act Agreement include reroof, garage wall repair, dry-rot removal from walls, termite treatment, window rehabilitation, repaint exterior, front porch flooring rehabilitation, and general on-going maintenance. Staff will ensure that the proposed work will be performed 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. These improvements will be subject to review and approval by staff. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement.

Historic Resources Commission c-2 5/8/2024
City Council 16 – 20 8/6/2024
HPPA No. 2024-03 – The Levengood House (1205 South Birch Street) May 8, 2024

Page 3 ends

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. 2024-17, 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 $1,097.57 annually, for a period of not less than ten years.

EXHIBIT(S)
1 - Mills Act Agreement
2 – 500-Foot Radius Map
3 - Site Photos – 1205 S. Birch Street
4 - Action Minutes HRC (1205 S. Birch Street)
Submitted By:

Andrea Heywood, Associate Planner
Approved By:

Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency
Historic Resources Commission c-3 5/8/2024
City Council 16 – 21 8/6/2024

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

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 Historic Resources Commission c-4 5/8/2024
City Council 16 – 22 8/6/2024

MILLS ACT AGREEMENT
1205 South Birch Street
Santa Ana, CA 92707
- 2 -
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 July 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.

3. Standards and Conditions for Historic Property.

Historic Resources Commission c-5 5/8/2024
City Council 16 – 23 8/6/2024

MILLS ACT AGREEMENT
1205 South Birch Street
Santa Ana, CA 92707
- 3 -
b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior’s Standards and Guidelines for Historic Preservation Projects. These guidelines 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. f. Owner shall implement the rehabilitation and restoration work items as discussed in detail in the City Council Historic Property Preservation Agreement (HPPA No. 2024-3) staff report dated May 8, 2024. All work items shall be completed within the first ten years of the Mills Act Agreement. Proof of completion, as requested by the City of Santa Ana, will be required in order to satisfy and maintain the Mills Act Agreement.

4. Furnishing of Information.

The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement.

MILLS ACT AGREEMENT
1205 South Birch Street
Santa Ana, CA 92707
- 4 -
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.

Historic Resources Commission c-7 5/8/2024
City Council 16 – 25 8/6/2024

MILLS ACT AGREEMENT
1205 South Birch Street
Santa Ana, CA 92707
- 5 -
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.

9. Notice.

Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto.

City: City of Santa Ana
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Attn: City Clerk’s Office
Owners: Michael T. Altshuler
1205 South Birch Street
Santa Ana, CA 92707

MILLS ACT AGREEMENT
1205 South Birch Street
Santa Ana, CA 92707
- 6 -
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.

11. Recordation.

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.

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MILLS ACT AGREEMENT
1205 South Birch Street
Santa Ana, CA 92707
- 7 -
ATTEST: CITY OF SANTA ANA
________________________
JENNIFER L. HALL
City Clerk
_________________________
ALVARO NUÑEZ
Acting City Manager
OWNERS
Date: ______________________ By:_________________________ MICHAEL T. ALTSHULER
APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL:

SONIA CARVALHO
City Attorney
By: _____________________ _____________________

BRANDON SALVATIERRA MINH THAI
Deputy City Attorney Executive Director
Planning and Building Agency
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MILLS ACT AGREEMENT
1205 South Birch Street
Santa Ana, CA 92707
- 8 -

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:

Assessor’s Parcel Number: 013-152-02
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SITE
HPPA-2024-03
1205 SOUTH BIRCH STREET

LEVENGOOD HOUSE

P L A N N I N G AND B U I L D I N G A G E N C Y
500’ RADIUS
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HPPA-2024-03
The Levengood House
1205 South Birch Street

SITE PHOTOS
EXHIBIT 3
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END OF CONSENT CALENDAR**

BUSINESS CALENDAR
C.

Commissioner Lutz contacted Mr. & Mrs. Randy Simons regarding the Historic Resources Commission Application tVo. 2003-42 and Historic Register Categorization No. 2003-45.

WORK STUDY SESSION
D. HISTORIC REGISTRY DISCLOSURE FOR REAL ESTATE TRANSACTIONS Vice Chair inquired if there is historic registry disclosure on property transactions for real estate agents. City provides accessibility information on website which is periodically updated.

Commissioner Kings recommends city staff recap benefits of Historic Registry; conduct educational forum on specific properties for real estate community. Ms. De Rosa noted a property owner welcome letter to the registry is mailed on the Friday following the HRC meeting.
n PROCEDURAL RULES

PUBLIC HEARINGS
1 Melanie McCann)
Filed by the City of Santa Ana to place and categorize various structures on the Santa Ana Register of Historical Properties.

ADDRESS STRUCTU E NAME RECOMMENDEQ

CATEGORY
1106 South Parton Street 52/54 Whitten House Ke
1102 South Birch Street (56158) O'Brien House Key
1226 South Birch Street (53/55) Sandstrom Howse (1 Contributive 1310 South Birch Street 54/56 Masin House Contributive
1101 South Birch Street (55157) Pimental House Contributive 1115 South Birch Street 57/59 Gardenier House Contributive 1205 South Birch Street (58/60 Levengood House Contributive 1218 South Broadwa 59/61 Bowman House Contributive
1230 South Birch Street (60/62) Sandstrom Howse (2) Contributive 1229 South Broadway (61!63) Irish House Contributive
PUBLISHED IN THE ORANGE COUNTY REPORTER:

PUBLICLY NOTICED:

RESOURCES COMMISSION MINUTES
November 21, 2003
November 21, 2003
DECEMBER 4, 2003 Historic Resources Commission c-15 5/8/2024 City Council 16 – 33 8/6/2024
RECOMMENDATION:

RECOMMENDATION:

Adopt a resolution approving Historic Resources Commission Application Nos. 2003-52 through 2003-61.

2. Adopt a resolution approving Historic Register Categorization Nos. 2003-54 through 2003-63.

Melanie McCann, Associate Planner, provided staff report and recommendation.

Vice Chairman Schaefer opened the public hearing.

One written communication received from property owner at 1115 South Birch Street regarding a permit issue; there were no speakers on the matter.

Vice Chairman Schaefer closed the public hearing.

Motion to receive and file resolutions approving various structures on the Santa Ana Register ofHistorical Properties and requesting a 30-day continuance on the following properties: (1) 1115 South Birch Street (57/59) Gardenier House, written communication received from owners, and (2) 1230 South Birch Street (60/62) Sandstrom House.

MOTION: Lutz SECOND: Chinn
AYES: Chinn, Corpin, Lutz, Schaefer (4)
NOES: None (0)
ABSTAIN: ~~' ~~~;;;
ABSENT: Bustamante, Gartner, Giles (3)

2. Melanie McCann)
By direction of the City .Council the Historic Resources Commission shall reconsider the placement and categorization of the structure located at 1310 North Louise Street (Miller House) as Contributive on the Santa Ana Register of Historical Properties.

PUBLISHED IN THE ORANGE COUNTY REPORTER:. November 21, 2003 PUBLICLY NOTICED: November 21, 2003
RECOMMENDATION:

Adopt a resolution affirming the placement of the property on the Santa Ana Register of Historical Properties, Historic Resources Commission Application No. 2003-42.

2. Adopt a resolution .affirming the categorization of the property, Historic Register Categorization No. 2003-45.

Melanie McCann, Associate Planner, provided staff report and recommendation. Ms.

McCann noted property owner filed appeal for reconsideration of historical placement.

Vice Chairman Schaeferopened the public hearing.

Mr. Randy Simons requests 60-day continuance on Miller House due to additional construction on home and allow time for him to obtain information on Mills Act with regards to historical property classification.

Vice Chairman Schaefer closed the public hearing.

HISTORIC RESOURCES COMMISSION MINUTES 3 DECEMBER 4, 2003 Historic Resources Commission c-16 5/8/2024 City Council 16 – 34 8/6/2024
Motion to continue item to av Days (renruary y, wu4j.

Motion to continue item to 60 days (February 9, 2004).

MOTION: Lutz SECOND: O'Callaghan
AYES: Chinn, Corpin, Kings, Lutz, O'Callaghan, Schaefer (6) NOES: None (0)
ABSENT: Bustamante, Gartner, Giles (3)

3. Public Comments (items not on the agenda)
Vice Chairman Schaefer opened the public hearing.

No written communications were received and there were no speakers on the matter.

Vice Chairman Schaefer closed the public hearing.

STAFF AND COMMISSION C011QMENTS

4. STAFF COMMENTS
Ms. De Rosa stated copy of approved loan program is forthcoming and communicated that the advertising firm, DGWB, won their appeal for tax credits.

5. COMMISSIONER COMMENTS
Commissioner Chinn
RDA loan program up to $250,000 (historical loan fof rehabilitation); Armstrong Phillips Ranch will be on historical tour.

Congratulations to CommissionerO'Callaghan for attending LA Conservancy conference on preservation.

Requested update on Artist Village Fountain. Ms. De Rosa indicated Matt Lamb attending January meeting for update.

Commissioner Corpin
Welcome new staff.

Requests staff to use her cellular telephone for messages and not home telephone number.

Requested update on Mike Harrah project; she was unformed item will be continued on December 22 Planning Commission Agenda.

Requested update on Broadway One project. Planning Manager cited project still in process, discussing environmental issues on plaza area, parking structure, and mitigation details. Item moved to Planning Commission agenda in January; P&D contract extended to deal with environmental issues.

Commissioner Kings
Welcomed new staff.

Mentioned French Park having holiday home tours on December 13 and 14.

Excused self from January 8, 2004 meeting as she will be attending a design conference in central coast.

CommissionerO'Callaghan
Attended seminar at Los Angeles Conservancy conference on preservation; noted Santa Ana praised for great work done by staff.

Recommends commission hold study sessions on nQw construction properties with information on appeals.

Requested update on Wilshire Square.

Ms. De Rosa mentjq ~d reviewing mid-year objectives to review changes in policy on future element and implementation strategy.

Historic Resources Commission c-17 5/8/2024
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EXECUTIVE SUMMARY

LEVENGOOD HOUSE
1205 South Birch Street
Santa Ana, CA 92707
NAME Levengood House REF. NO.

ADDRESS 1205 South Birch Street
CITY Santa Ana ZIP 92707 ORANGE COUNTY
YEAR BUILT 1930 LOCAL REGISTER CATEGORY: Contributive
HISTORIC DISTRICT N/A NEIGHBORHOOD Wilshire Square
NATIONAL REGISTER CRITERIA FOR EVALUATION C NATIONAL REGISTER STATUS CODE 5S1 Location: Not for Publication Unrestricted
Prehistoric Historic Both
ARCHITECTURAL STYLE: Mission/Spanish Colonial Revival
The Mission/Spanish Colonial Revival style, as its name implies, encompasses two major subcategories. The Mission Revival vocabulary, popular between 1890 and 1920, drew its inspiration from the missions of the Southwest. Identifying features include curved parapets (or espadaña); red tiled roofs and coping; low-pitched roofs, often with overhanging eaves; porch roofs supported by large, square piers; arches; and wall surfaces commonly covered in smooth stucco. The Spanish Colonial Revival flourished between 1915 and 1940, reaching its apex during the 1920s and 1930s. The movement received widespread attention after the PanamaCalifornia Exposition in San Diego in 1915, where lavish interpretations of Spanish and Mexican prototypes were showcased. Easily recognizable hallmarks of the Spanish Colonial Revival are low-pitched roofs, usually with little or no overhangs and red tile roof coverings, flat roofs surrounded by tiled parapets; and stuccoed walls. The Spanish vocabulary also includes arches; asymmetry; balconies and patios; window grilles; and decorative elements of wood, wrought iron, tile, or stone.

SUMMARY/CONCLUSION:

The Levengood House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a building with the “distinguishing characteristics of an architectural style or period.” Additionally, the house has been categorized as “Contributive” because it “contributes to the overall character and history” of Wilshire Square and “is a good example of period architecture” as an illustration of the Spanish Colonial Revival style (Municipal Code Section 30-2.2).” EXPLANATION OF CODES:
x National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation)
C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction.
x National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation)
5S1 Is separately listed or designated under an existing local ordinance, or is eligible for such listing or designation.

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State of California The Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code_____________________________________
Other Listings_____________________________________________________________________ Review Code________ Reviewer________________________ Date_______________ Page _1_ of _4_ Resource name(s) or number (assigned by recorder) Levengood House P1. Other Identifier:
*P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad TCA 1667 Date:
*c. Address 1205 South Birch Street City Santa Ana Zip 92707 *e. Other Locational Data: Assessor’s Parcel Number 013-152-02 TR 921 LOT 31 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Substantially intact and enhanced by its landscaping, this is an example of a modestly sized Spanish Colonial Revival home.

Brian A. and Lisa Bist
1205 South Birch Street
Santa Ana, CA 92707
*P8. Recorded by:

Leslie J. Heumann
SAIC
35 S. Raymond Ave. # 204
Pasadena, CA 91105
*P9. Date Recorded:

October 1, 2003
*P10. Survey Type:

Intensive Survey
*P11. Report Citation: (Cite survey report and other sources, or enter “none”) None.
*Attachments: None Location Map Sketch Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record Other (list)
DPR 523A (1/95) *Required information
P5a. Photo
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State of California The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________

BUILDING, STRUCTURE, AND OBJECT RECORD

Page 2 of 4 ends

*Resource Name or #: Levengood House
B1. Historic Name: Levengood House
B2. Common Name: Same
B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Mission/Spanish Colonial Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1930.

July 5, 1930. Residence and garage.

June 11, 1943. Reroof.

October 6, 1952. Reroof residence.

June 26, 1986. Wood patio deck, spa.

February 8, 1990. Reroof house and garage.
*B7. Moved? No Yes Unknown Date:__________ Original Location:_____________________________ *B8. Related Features:

None.

B9a. Architect: Unknown b. Builder: Unknown
*B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1920-1954 Property Type: Single-family Residence Applicable Criteria: C (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Levengood House is architecturally significant as a representative example of the Spanish Colonial Revival style, one of many that characterize the Wilshire Square neighborhood. The house and garage were constructed in 1930 at a cost of $3,650.00 for Mrs. Mary Leavengood, who had occupied the residence by 1931. The house remained in the Levengood family until at least 1952, according to city building permits. According the 1991 Wilshire Square Home Tour brochure, Mary Levengood was the widow of Frank Levengood, a farmer who struck oil in his bean fields. Mrs. Levengood raised her granddaughter in this house, and lived here until she died in the late 1950s. She also built the house next door, on the corner, for her son.
(See Continuation Sheet 3 of 4.)
B11. Additional Resource Attributes: (List attributes and codes) *B12. References:

City of Santa Ana Building Permits
Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps
(See Continuation Sheet 4 of 4.)
B13. Remarks:
*B14. Evaluator: Leslie J. Heumann
*Date of Evaluation: October 1, 2003
DPR 523B (1/95) *Required information
Sketch Map
(This space reserved for official comments.)
Levengood House
1205 S. Birch Street
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State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________

Page 3 ends

*Recorded by Leslie J. Heumann, SAIC *Date October 1, 2003 _ Continuation Update DPR 523L
*B10. Significance (continued):

Hanson, O’Brien, and Lewis.

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State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________

Page 4 ends

*Recorded by Leslie J. Heumann, SAIC *Date October 1, 2003 _ Continuation Update DPR 523L
*B12. References (continued):

Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998.

Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994.

McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984.

National Register Bulletin 16A. “How to Complete the National Register Registration Form.” Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991.

Office of Historic Preservation. “Instructions for Recording Historical Resources.” Sacramento: March 1995.

Historic maps in the collection of the History Room of the Santa Ana Public Library.

Santa Ana and Orange County Directories, 1905-1931.

Wilshire Square Neighborhood Association, Home Tour Brochures, 1989-1994. www.wilshiresquare.com
www.geocities.com/Heartland/3383/aia.htm
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MILLS ACT AGREEMENT
1205 South Birch Street
Santa Ana, CA 92707
- 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:

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.

8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project.

MILLS ACT AGREEMENT
1205 South Birch Street
Santa Ana, CA 92707
- 2 -
size, scale, color, material and character of the property, neighborhood, or environment.

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City Council 16 – 43 8/6/2024
Exhibit D: Proposed Structure Improvements (“Work Plan”) 1205 South Birch Street
Item Year Improvement
1 2024 Roof repair – main house and garage
2 2025 Hollywood driveway replacement
3 2026 Replace all replacement windows at the rear and side facades as determined by Planning. New windows to be double-hung wood windows with ogee lugs. Building permit required.
4 2026 Repair garage walls
5 2027 Dry-rot removal from walls
6 2028 Termite treatment
7 2029 Window rehabilitation
8 2030 Repaint exterior
9 2032 Front porch flooring rehabilitation
10 2033 Preserve/restore exterior wood elements
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City Council 16 – 44 8/6/2024

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 Jill Brumett and Mona R Konstan, married as community property with right of survivorship (hereinafter collectively referred to as “Owner”), owner of real property located at 516 West 19th Street, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties.

B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 516 West 19th 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.

City Council ([KLELW3 16 – 45 8/6/2024

MILLS ACT AGREEMENT
516 West 19th 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.

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” and “Historical Property Description” attached hereto, marked collectively as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, City Council 16 – 46 8/6/2024

MILLS ACT AGREEMENT
516 West 19th Street
Santa Ana, CA 92706
- 3 -
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.” Restoration of Hollywood driveway 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 16 – 47 8/6/2024

MILLS ACT AGREEMENT
516 West 19th 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.

City Council 16 – 48 8/6/2024

MILLS ACT AGREEMENT
516 West 19th 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 516 West 19th Street, Assessor Parcel Number, 002-104-11, 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.

9. Notice.

Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto.

City: City of Santa Ana
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Attn: City Clerk
City Council 16 – 49 8/6/2024

MILLS ACT AGREEMENT
516 West 19th Street
Santa Ana, CA 92706
- 6 -
Owners: Jill Brumett and Mona Konstan
944 West Buffalo Avenue
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 16 – 50 8/6/2024

MILLS ACT AGREEMENT
516 West 19th Street
Santa Ana, CA 92706
- 7 -

11. Recordation.

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 16 – 51 8/6/2024

MILLS ACT AGREEMENT
516 West 19th Street
Santa Ana, CA 92706
- 8 -
ATTEST: CITY OF SANTA ANA
________________________ _________________________
JENNIFER L. HALL ALVARO NUNEZ
City Clerk Acting City Manager
OWNERS
Date: ___________________ By:__________________

JILL BRUMETT
Date: ___________________ By:__________________

MONA KONSTAN
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 16 – 52 8/6/2024

MILLS ACT AGREEMENT
516 West 19th Street
Santa Ana, CA 92706
- 9 -

EXHIBIT A

LEGAL DESCRIPTION

THE LAND HEREINAFTER REFERRED TO IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CA, AND IS DESCRIBED AS FOLLOWS:

LOT 4 IN BLOCK "B" OF TRACT NO. 256, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP THEREOF RECORDED IN BOOK 14, PAGE 23 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY Assessor’s Parcel Number: 002-104-11
City Council 16 – 53 8/6/2024

EXECUTIVE SUMMARY
Dixon-Heemstra House
516 W 19th Street
Santa Ana, CA 92706
NAME Dixon-Heemstra House REF. NO.

ADDRESS 516 West 19th Street
CITY Santa Ana ZIP 92706 ORANGE COUNTY
YEAR BUILT 1923 LOCAL REGISTER CATEGORY: Key
HISTORIC DISTRICT N/A 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: Craftsman
Closely related to the English Arts and Crafts Movement, American Craftsman architecture was popularized by The Craftsman magazine and architects such as Charles and Henry Greene of Pasadena. It drew from the wood building traditions of Japan and Switzerland as well as the medieval themes favored by the Arts and Crafts philosophers.

Craftsman architecture stressed honesty of form, materials, and workmanship, eschewing applied decoration in favor of the straightforward expression of structure. A new appreciation of nature was evident in horizontal lines that reached out to embrace the landscape and the incorporation of capacious porches into building plans. Primarily a residential style, Craftsman architecture can be identified by low pitched gable and hipped roofs with exposed rafters and beams in deep overhangs; wood lap or shingle siding and an occasional use of stucco; extensive use of stone or brick as a secondary material; horizontal emphasis apparent in roof lines, headers, and battered porch supports; and broadly proportioned wood framed windows, often clustered in bands. Craftsman homes were built from circa 1902 until the early 1920s.

SUMMARY/CONCLUSION:

The Dixon-Heemstra House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for embodiment of the distinguishing characteristics of a late Craftsman style residential building. The recommended categorization is “Key” because it has a distinctive architectural style and quality reflective of the Craftsman style (Santa Ana Municipal Code, Section 30-2.2(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. ([KLELW%
City Council 16 – 54 8/6/2024
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) Dixon-Heemstra 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 516 West 19th Street City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor’s Parcel Number 002-104-11 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The Dixon-Heemstra House is a one story, single-family, Craftsman Style residence and detached garage located on a small parcel in the Floral Park neighborhood (Figure 1). The main residence’s asymmetrical primary façade faces West 19th Street to the north. The residence exhibits an L-shaped plan with a long side-gable porch roof that intersects two front gables at the primary (north) façade. The building’s low-pitch roof is clad in asphalt shingles with overhanging eaves and exposed rafter tails. The exterior of the house is clad in narrow horizontal wood panel siding. At the primary (north) façade, the covered porch wraps around the building’s northeast corner and is supported by three porch columns (Figure 2). Exposed beams are located at the gable end of the porch’s east side. The primary entrance is situated within the covered porch at the primary (north) façade and is composed of a single glazed door with divided lights (Figure 3). Two large tripartite wood-frame windows, comprised of a central fixed window between two narrow double-hung windows with divided lights, flank the main entrance (Figure 4).
(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 (north) and side
(east) elevations, view southwest, Feb
2023
*P6. Date Constructed/Age and
Sources: historic
1923/ Orange County Assessor’s
*P7. Owner and Address:

Jill Brumett and Mona Konstan
516 W 19th 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:

May 8, 2024
*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 16 – 55 8/6/2024
State of California  The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________

BUILDING, STRUCTURE, AND OBJECT RECORD

Page 2 of 5 ends

*Resource Name or #: Dixon-Heemstra House
B1. Historic Name: Dixon-Heemstra House
B2. Common Name: Same
B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Craftsman Style
*B6. Construction History: (Construction date, alterations, and date of alterations):

June, 1923. Permit to construct a single residence and garage. $4,000.

March 13, 1950. Termite work for Mrs. Leslie Smith by H.J. Carr. $130 December 7, 1951. Reroof res. for M.S. Ogg by Holmes. $250.

September 8, 1992. Reroof w/t.o. $4,300.

July 31, 2019. Laundry room addition to kitchen. $2,625.

July 31, 2019. Tear off existing, install 21 squares of comp roofing. $5,943. *B7. Moved? No Yes Unknown Date:__________ Original location:_______ _______ *B8. Related Features: Detached garage
B9a. Architect: Unknown b. Builder: Unknown
*B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1923 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 Dixon-Heemstra House is architecturally significant as an intact example of a Craftsman style house in Santa Ana. The original building permit is dated June 1923, which indicates it was built as a single family residence and garage for owner and homebuilder W.H. Dixon for $4,000. Dixon, affiliated with W.H. Dixon and Son, was a local contractor and builder in Santa Ana and greater Orange County (Santa Ana Register, March 30, 1930). The original architect is unknown. In 1923, newspapers advertised the sale of the subject property as “Dixon’s Durable Dwelling” built in the “exclusive highly restricted Strong tract” (Santa Ana Register, October 25, 1923). City directories note that the property was vacant in 1924; however, from 1925 to 1929 Benjamin Heemstra is listed as the building's occupant. From 1930 to 1931, P.H. Budd is the known occupant, who contributed to Orange County’s first engineer report by Engineer Thomas Means in 1931. Budd later became an engineer for the Orange County flood-control district in 1934 and was ultimately appointed as the Orange County floodcontrol engineer in 1952 (Santa Ana Register, December 28, 1952). (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 4 of 5.)
B13. Remarks: None
*B14. Evaluator: Andrea Dumovich Heywood, City of Santa Ana. *Date of Evaluation: May 8, 2024
DPR 523B (1/95)
Sketch Map
(This space reserved for official comments.)
Dixon-Heemstra House
516 West 19th Street
City Council 16 – 56 8/6/2024
State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________

Page 3 ends

Santa Ana City CouncilAugust 6, 2024

Santa Ana City Council
August 6, 2024