RESOLUTION NO. 2022-106
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON,
CALIFORNIA, APPROVING A MILLS ACT CONTRACT BETWEEN THE
CITY AND THE OWNER OF HISTORIC PROPERTY LOCATED AT 330
WEST WHITING AVENUE IN THE FORM OF AN HISTORIC PROPERTY
PRESERVATION AGREEMENT
WHEREAS, voters passed Proposition 7 in 1976 and became Constitutional Amendment Article XIII, Section 8, commonly known as the Mills Act, to promote the preservation of property of historical significance by offering an economic incentive within the State Revenue and Taxation Code.
WHEREAS, the Mills Act grants local government the authority to establish, administer and implement Mills Act historic preservation tax incentive programs with property owners who actively participate in the restoration and maintenance of their historic properties through a Historic Property Preservation Agreement.
WHEREAS, The Fullerton Plan includes a Historic Preservation Chapter ( Chapter 3) to guide the preservation, protection, restoration and rehabilitation of historical resources in order to reaffirm their continuing value as a resource contributing to the vitality and diversity of the present.
WHEREAS, The Fullerton Plan, Short - Term Action Plan section, item 4.6 identified the development and implementation of a Mills Act program to provide financial incentives to restore and preserve historic resources.
WHEREAS, City Council approved Resolution No. 2020-38 on April 21, 2020, establishing a Mills Act Program for the City of Fullerton for the preservation, rehabilitation and maintenance of designated historic structures subject to compliance with the established Fullerton Mills Act Program Guidelines and City Council approval of a Historic Property Preservation Agreement between the historic property owner and the City.
WHEREAS, the property located at 330 West Whiting was built in 1920 in a Bungalow architectural style. It is a qualified historical property appropriate for consideration of a Mills Act Contract given its location in a residential preservation zone and that it continues to maintain its architectural integrity.
WHEREAS, the property owner filed an application and paid associated fees pursuant to the Mills Act Program Guidelines and the City reviewed the application and determined the property also meets the Additional Eligibility Criteria established for the Program.
WHEREAS, the Mills Act Program Guidelines specify that the City may process no more than ten Mills Act Contracts per calendar year and when the total number of Mills Attachments:
Resolution No. 2022-106
Act Contracts approved reaches 50, City Council shall adopt a resolution reauthorizing the program, specifying how many additional Mills Act Contracts it will consider.
WHEREAS, this is the only application received by the City in the 2022 calendar year and is second property requesting a Contract with the City.
WHEREAS, this action is Categorically Exempt from the California Environmental Quality Act ( CEQA) per Section 15331 ( Historical Resource Restoration/Rehabilitation).
THE CITY COUNCIL OF THE CITY OF FULLERTON RESOLVES AS FOLLOWS:
1. City Council approves a Mills Act Contract between the owner of historic property located at 330 West Whiting Avenue in the form of an Historic Property Preservation Agreement ( Exhibit A).
ADOPTED BY THE FULLERTON CITY COUNCIL ON DECEMBER 20, 2022.
Fred—Jung g
Mayor
Attachment 1 - Exhibit A — Historic Property Preservation Agreement Historic Property Preservation Agreement
HISTORIC PROPERTY PRESERVATION AGREEMENT
MILLS ACT CONTRACT)
THIS HISTORIC PROPERTY PRESERVATION AGREEMENT ( the " Agreement") is made and entered into as of the date of execution by the City Manager (herein referred to as the " Effective Date"), and is beingentered into by and between the CITY OF FULLERTON, a municipalcorporation ("City"), and Jennifer M. Harris ( referred to herein as the " Owner"), with reference to the following:
RECITALS
WHEREAS, the Mills Act ( Government Code Section 50280 et seq.) providescities with the opportunity to contract with owners of qualifiedhistorical propertieswherebythe owners promise to preserve, restore and rehabilitate the property in return for a reduced propertytax assessment; and
WHEREAS, the Cityis dedicated to the protectionand stabilization of propertyvalues throughmaintainingand upgrading its older housingstock, throughthe use of incentives such as the Mills Act; and WHEREAS, the Mills Act will also have beneficial effects on Citybusinesses, economic stability and communitypride by preservingimportantneighborhoodresources; and
WHEREAS, the use of the Mills Act will fulfill one of the City's 2012 Historic Preservation Chapter of the Fullerton Plan; specifically, "Supportprojects, programs, policies and regulationsto promote the maintenance, restoration and rehabilitation of historical resources" ( Policy P4.3); and
WHEREAS, it is the City's expectationthat the Owner will use the property tax savingsaccrued under this Agreement for improvementsto the " Historic Property" (as defined below). To that end, as a condition of renewal, the City will requirea revised schedule of improvementsevery ten years showing a plan for improvementscommensurate with the tax savings; and WHEREAS, Owner possesses fee simple title in and to that certain real property, together with associated structures and improvementsthereon, located at 330 West Whiting Avenue in the City of Fullerton, County of Orange, State of California, having Assessor's Parcel Number 032-142-06 and more specificallydescribed in Exhibit A, which exhibit is attached hereto and made a part hereof ( herein referred to as the " Historic Property); and WHEREAS, the Historic Propertyis a qualifiedhistorical property under the Mills Act in that it is privatelyowned property which is not exemptfrom propertytaxation and is listed on the National Registerof Historic Places, California Registerof Historical Resources or Registerof Historical Landmarks, California Points of Historical Interest, or on a Cityof Fullerton Historic Register, or is an eligible propertywithin a Preservation Zone; and WHEREAS, Owner, in consideration for abiding by the terms of this Agreement shall be entitled to a reassessment of valuation of the Historic Property and any corresponding reduction in propertytaxes pursuantto the provisionsof the California Revenue and Taxation Code; and
WHEREAS, the Cityand Owner for their mutual benefit, now desire to enter into this Agreement to limit the use of the Historic Property to prevent inappropriate alterations, to ensure that characteristics of historical significanceare preservedand maintained in an exemplary manner, and to carry out the purposes of Article 12 ( commencingwith Section 50280) of Chapter1, Part 1, Division 1 of Title 5 of the California Government Code and Article 1.9 ( commencingwith Section 439) of Chapter3, Part 2 of Division 1 of the California Revenue and Taxation Code.
Mills Act Program Guidelines & Application
AGREEMENT
NOW, THEREFORE, both Owner and City, in consideration of the mutual promises, covenants and conditions contained herein and the substantial public benefits to be derived there from, do herebyagree as follows:
1. AGREEMENT SUBJECT TO GOVERNMENT CODE SECTIONS 50280-50290. This Agreementis made pursuant to California Government Code Sections 50280 through 50290 and Article 1.9 ( commencingwith Section 439) of Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code and is subjectto all of the provisionsof those statutes.
To the extent any of the provisions in this Agreement are inconsistent with the pertinent provisions of the Government and Revenue and Taxation Code, theyare superseded by those Code Sections.
2. ASSESSMENT OF VALUATION. Propertytax relief afforded to Owner pursuantto Chapter3, Part 2 of Division 1 of the California Revenue and Taxation Code will be determined solely by the OrangeCountyAssessor. City makes no representationsregardingthe actual tax savings any person may realize byentering into this Agreement.
3. PRESERVATION OF PROPERTY. Owner agrees to preserve and maintain the Historic Property and its character definingfeatures. Character defining features include, but are not necessarily limited to, the general architectural form, style, materials, design, scale, details, mass, roof line and other aspectsof the appearance of the exterior of the Historic Property. Specifically, the detached single-family dwellingwas built in 1920 and represents a " BungalowStyle" architectural stylethat was popularfrom 1905 to 1925. The keydefiningfeatures representativeof this architectural style can be seen in the property's wide gableroof facingthe street with a gableroof over a partial -width porchsupportedby tapered wooden posts on the front elevation. The features include exposed wood rafters, attic venting in gable ends, wood lap siding, and fixed, casement and hung wood - framed windows throughoutthe structure's facade.
The Secretary of the Interior's Standards for Rehabilitation ( Exhibit B) and City's minimum maintenance standards Exhibit C), attached hereto and incorporatedherein by reference, shall constitute the minimum standards and conditions for preservation, restoration, and rehabilitation of the Historic Property, and shall apply to the Historic Propertythroughout the term of this Agreement. Owner shall, where necessary, restore and rehabilitate the Historic Propertyto conform to the rules and regulationsof the Office of Historic Preservation of the California Departmentof Parks and Recreation, the U.S. Secretaryof the Interior's Standards for Rehabilitation, the State Historical BuildingCode, and the Cityof Fullerton Historic Preservation Design Standards.
As consideration for the Cityto enter into this Agreement, the Owner agrees, at its own cost and expense, to complete, or cause to be completed, the work or improvementsdescribed in Exhibit D within the times established therefor in Exhibit D. The Owner shall secure any and all permits which may be required by the City or any other governmentalagency affected by the construction of the work or improvementsdescribed in Exhibit D. The Owner accepts responsibilityfor and shall be responsiblefor identification of and compliance with all applicable laws pertaining to the construction and installation of the work or improvementsdescribed on Exhibit D and the contract or contracts pertainingthereto. The Owner will neither seek to hold nor hold the City liable for, and will hold the City harmless with respect to, any consequences of any failure by the Owner to correctlydetermine the applicabilityof any such requirementsto any contract he/she/they enter into. In addition to the foregoing, the Owner herebyagrees to and will complywith all applicable local, state, and federal statutes, regulations, rules, codes ( includingbuildingcodes), ordinances, and other requirements of governmentalauthorities now or hereafter in effect (" Applicable Laws") pertainingto the use of the Historic Property.
Owner must give the City immediate written notice on Owner's becomingaware that the use or condition of the Historic Property is in violation of any Applicable Laws.
4 INSPECTIONS AND ANNUAL REPORTING. Owner agrees to permitthe periodicexamination, by prior appointment, of the interior and exterior of the Historic Property by the CountyAssessor, the State Departmentof Parks and Recreation, the State Board of Equalizationand the City as may be necessary to determine Owner's compliancewith the terms and provisions of this Agreement. Owner agrees to providethe Citywith a report as to the status of the Historic Property annually at least ninety (90) days prior to each anniversaryof the Effective Date of this Agreement. The annual report shall providesubstantiation reasonably satisfactoryto the City's Communityand Economic DevelopmentDirector that Owner has completed the work required by Exhibit D for the twelve month periodprecedingeach anniversary of this Agreement, and whether the Historic Propertyhas undergoneany changedconditions, and whether Owner has received any public funds from other sources designatedfor the preservationor maintenance of the Historic Propertyand from Mills Act Program Guidelines & Application
whom such funds have been received.
5. PAYMENT OF ANNUAL INSPECTION FEE. The Owner shall pay the City an annual fee for each requiredinspectionof the Historic Propertyfor the purpose of covering the reasonable cost of performing required inspections as work is completed. Said fee shall be payableto the Cityof Fullerton and shall be remitted to the Planning Division upon demand and priorto the required inspection. The amount of the annual inspectionfee shall be established by the CityCouncil and may be revised from time to time.
6. TERM. The term of this contract is for a period of ten ( 10) years, which periodstarts on the Effective Date.
7. AUTOMATIC RENEWAL. On each yearly anniversary of the Effective Date of this Agreement (hereinafter referred to as the " renewal date"), one year shall be added automatically to the initial term of this Agreement, unless notice of non - renewal is givenas providedin this Agreement.
8. EFFECT OF OUTSIDE FUNDS. If Owner receives funds designatedfor the preservationor maintenance of the Historic Propertyfrom any other public agency, this Agreementshall not be renewed except upon the vote of the CityCouncil.
9. NOTICE OF NONRENEWAL. If in any year either the Owner or City desires not to renew this Agreement, that partyshall serve written notice of nonrenewal on the other party in advance of the annual renewal date. Unless the notice is served byOwner to City at least ninety (90) days, or by City to Owner at least sixty (60) days prior to the renewal date, one year shall automatically be added to the term of the Agreement. Within fifteen ( 15) days of receipt by Owner of a notice of nonrenewal from the City, Owner may make a written protest. Upon receipt of such a protest the City Council shall set a hearing priorto the expirationof the renewal date of this Agreementor toll the renewal date until such hearingcan reasonably held. Owner may furnish the CityCouncil with any information which the Owner deems relevant; and shall furnish the CityCouncil with any information it may require. At any time prior to the renewal date, City may withdraw its notice of nonrenewal.
10. EFFECT OF NOTICE NOT TO RENEW. If in any year either party serves notice of intent not to renew this Agreement, this Agreement shall remain in effect for the balance of the period remainingsince the original execution date if not yet renewed, or the last renewal date of the Agreement, as the case may be.
11. UPDATE OF IMPROVEMENT SCHEDULE. At least ninety (90) days prior to the tenth ( 10th) anniversaryof the Effective Date of this Agreement, and ninety (90) dayspriorto every tenth ( 10th) anniversarythereafter, Owner shall provideCity with an updated schedule of improvements and maintenance items for the City's review and approval. Such updated schedule shall contain a list of proposedimprovementsand/or revisions to be accomplishedduringthe next succeeding ten ( 10) years of the Agreementand a schedule for the construction of such improvements. Within thirty (30) daysafter the City's receipt of said updated schedule, the City's Director of Community and Economic Development shall either approve or disapprove such proposed schedule of proposedimprovements, or shall respond in writing by stating what further information, if any, the City reasonablyrequires in order to determine the requestcomplete and determine whether or not to grant the requestedapproval. Upon receipt of such a response, the Owner shall promptly furnish to the City such further information as may be reasonablyrequested. When determiningwhether to approve or deny the proposed schedule of proposedimprovements, the Director of Community and Economic Development shall consider the estimated annual tax savings (i.e., the publiccosts) and compare those savingsto the value of the benefits to the public of the proposed improvementsand the maintenance of the Historic Property.
12. INDEPENDENT ADVICE OF COUNSEL. The Owner, and each of them, representand declare that in executingthis Agreement he/she/they have relied solely upon his/her/their own judgment, belief and knowledge, and the advice and recommendations of his/her/their own independently selected counsel, concerning the nature, extent and duration of his/her/their rights and claims, and that he/she/they have not been influenced to any extent whatsoever in executingthe same bythe City or by any person representingthe City.
13. FURNISHING OF INFORMATION. Owner shall furnish City with any information City shall require in order to enable City to determine eligibilityof the Historic Property to be classified as a Historic Property.
14. ENFORCEMENT OF AGREEMENT. In lieu of and/or in addition to any provisionsto cancel the Agreementas referenced Mills Act Program Guidelines & Application
herein, City may institute an action at law or equity to seek specific performanceof the terms of this Agreement, or to cure, correct or remedyany breach of the terms of this Agreement, to recover damages for any breach, or to obtain any other remedyconsistent with the purpose of this Agreement. In the event of a default under the provisionsof this Agreement by Owner, City shall give written notice to Owner specifyingthe allegedgroundsfor the default. Said notice shall be given by registeredor certified mail addressed to the address stated in this Agreement. If such violation(s) is not corrected to the reasonable satisfaction of the Citywithin thirty (30) daysfrom the issuance of the notice of violation, or within such reasonable time as may be required to cure the breach or default, provided that acts to cure, correct or remedysuch breach or default are commenced within thirty (30) days and thereafter diligently pursued to completion, then Citymay, without further notice, institute legal action. Except as otherwise expresslystated in this Agreement, the rightsand remedies of the Cityare cumulative, and the exercise by the City of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default bythe Owner. Any failure or delaybythe Cityin assertingany of its rightand remedies as to a breach of any of the covenants, conditions or agreementsset forth herein shall not operate as a waiver of such breach or of any such rights or remedies, or deprive the Cityof its rightto institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce such rights or remedies. A waiver by the City of a breach shall not be construed as a waiver of any succeeding breach of the same or other covenants, conditions or agreements set forth in this Agreement.
15. CANCELLATION. City may cancel this Agreementif City determines Owner has breached any of the conditions or covenants of this Agreementor has allowed the Historic Propertyto deteriorate to the point that it no longer meets the standards for a qualifiedhistorical property. City may also cancel this Agreement if it determines Owner has failed to restore or rehabilitate the Historic Propertyin the manner specifiedin this Agreement.
16. NOTICE OF CANCELLATION. This Agreementcannot be canceled until after Cityhas givennotice and has held a public hearing and given notice as requiredby Government Code Section 50285.
17. CANCELLATION FEE. If City cancels this Agreement in accordance with Section 15 above, Owner shall pay a cancellation fee of twelve and one-half percent (12.5%) of the current fair market value of the Historic Property at the time of cancellation. The current fair market value shall be determined by the County Assessor as though the Historic Property were free of the restriction on the Historic Propertyimposed pursuantto this Agreement. The cancellation fee shall be paid to the County Auditor at such time and in such manner as the CountyAuditor shall prescribe.
18. NOTICES. All notices requiredby or provided for in the Agreement shall be givenin writing and may be mailed or delivered in person at the address of the respectiveparties as specified below or at any other address as may be later specifiedbythe parties. Deposit of notice in the mail, postageprepaid, shall be deemed receipt of the notice.
If to Owner.
If to City.
Jennifer M. Harris
330 West Whiting Avenue
Fullerton, CA 92832
Cityof Fullerton
Attn.: CityManager
303 West Commonwealth Avenue
Fullerton, CA 92832
19. NO COMPENSATION. Owner shall not receive any paymentfrom the Cityin consideration of the obligations imposed under this Agreement. The Owner acknowledgesand agrees that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantagethat will accrue to Owner as a result of the effect upon the assessed value of the Historic Property on account of the restrictions on the use and preservationof the Historic Property.
20. REMEDY IF AGREEMENT HELD NOT ENFORCEABLE. In the event it is finally determined this Agreementdoes not constitute an enforceable restriction within the meaningof the applicableprovisionsof the California Government Code and the California Revenue and Taxation Code, except for an unenforceability arisingfrom the cancellation or nonrenewal of this Agreement, then this Agreement shall be null and void and without further effect and the Historic Mills Act Program Guidelines & Application
Propertysubjectto this Agreement shall from that time be free from any restriction whatsoever under this Agreement without any payment or further act of the parties to this Agreement.
21. ACQUISITION OF PROPERTY BY EMINENT DOMAIN; CANCELLATION OF CONTRACT; INAPPLICABILITY TO DETERMINATION OF VALUE. In the event that the Historic Property is acquiredin whole or part byeminent domain or other acquisition by any entity authorized to exercise the power of eminent domain, and the acquisitionis determined by the City to frustrate the purpose of the Agreement, the Agreement shall be cancelled and no fee shall be imposed under Section 17, above. The Agreementshall be deemed null and void for all purposes of determiningthe value of the Historic Propertyso acquired. If, subsequent to the filing of an action in eminent domain, the proposed condemnation is abandoned bythe condemningagency, the restrictions on the use of the Historic Property included in this Agreement shall, without further agreementof the parties, be reinstituted and the terms of this Agreementshall continue in full force and effect.
22. EFFECT OF AGREEMENT. None of the terms, provisions or conditions of this Agreementshall be deemed to create a partnershipbetween the partieshereto and any of their heirs, successors or assigns, nor shall such terms, provisionsor conditions cause the parties hereto to be considered joint ventures or members of any joint enterprise.
23. SUCCESSORS AND ASSIGNS. This Agreementis binding upon and shall inure to the benefit of all successors in interest of the Owner. A successor in interest shall have the same rights and obligations under this Agreement as the original owner who entered into this Agreement.
24. REQUIREMENTS RELATED TO TRANSFER OF HISTORIC PROPERTY. In the event of any sale, transfer, assignment or conveyance of the Historic Property (herein referred to as a " Transfer"), the Owner agrees that, at least thirty (30) days prior to such Transfer, it shall give written notice to the Cityof such proposedTransfer, includingthe name(s) of the transferee(s). In addition, the Owner and the proposedtransferee(s) shall enter into and deliver to the City through the escrow for the Transfer of the Historic Property an assignment and assumption agreementin a form satisfactory to the City's Attorneyor such other evidence as may be satisfactoryto the City that the transferee(s) has ( have) assumed the Owner's obligationsset forth in this Agreement. Upon the Transfer of the Historic Property and the assumption of the obligations hereunder bythe transferee(s), the Owner's liabilityfor performanceshall be terminated as to any obligation to be performed hereunder after the date of such Transfer.
25. RECORDATION. No later than twenty (20) daysafter the partiesexecute and enter into this Agreement, Cityshall cause this Agreement to be recorded in the Office of the County Recorder of the Countyof Orange.
26. AMENDMENTS. This Agreement may be amended, in whole or in part, only by a written and recorded instrument executed by the parties hereto, except that the Director of Community and Economic Development is authorized to amend the list of required projects in Exhibit D to be consistent with realized tax savings.
27. COUNTERPARTS. This Agreementmay be executed in any number of counterparts, each of which shall be deemed an originaland all of which shall constitute one and the same agreement with the same effect as if all parties had signed the same signaturepage. Any signaturepage of this Agreementmay be detached from any counterpartof this Agreement and re - attached to any other counterpartof this Agreement identical in form hereto but havingattached to it one or more additional signature pages.
28. ADMINISTRATION. This Agreement shall be administered by the City's Director of Community and Economic Development (or their designee) following approval of this Agreement by the City. The City shall maintain authority of this Agreement through the City's Director of Community and Economic Development (or their designee). The City's Director of Community and Economic Development shall have the authority to issue interpretations, waive provisions and enter into amendments of this Agreement on behalf of the City so long as such actions do not change the uses permitted on the Historic Propertyor the purpose of this Agreement, and such amendments may include extensions of time specifiedin Exhibit D. All other waivers or amendments shall require the written approval and consent of the City Council.
IN WITNESS WHEREOF, the Cityand the Owner have executed this Agreement.
Mills Act Program Guidelines & Application
Dated: , 20_
Dated: , 20
Dated: , 20
ATTEST
OWNER"
By:
Name:
By:
Name:
CITY"
CITY OF FULLERTON, a municipalcorporation
Eric Levitt, City Manager
APPROVED AS TO FORM:
Lucinda Williams, City Clerk Richard D. Jones, City Attorney Mills Act Program Guidelines &. Application
EXHIBIT " A"
LEGAL DESCRIPTION OF HISTORIC PROPERTY
APN: 032-142-06
LOT 5 OF TRACT 111 IN THE CITY OF FULLERTON, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 11 PAGE(S) 10 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OR ORANGE COUNTY.
Mills Act Program Guidelines & Application
EXHIBIT " B"
SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION
1. A property shall be used for its historic purpose or be placed in a new use that requires minimal changeto the defining characteristics of the buildingand its site and environment.
2. The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.
3. Each propertyshall be recognized as a physical record of its time, place, and use. Changesthat create a false sense of historical development, such as adding conjecturalfeatures or architectural elements from other buildings, shall not be undertaken.
4. Most propertieschangeover time; those changesthat have acquired historic significance in their own rightshall be retained and preserved.
5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved.
6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacementof a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacementof missing features shall be substantiated by documentary, physical, or pictorial evidence.
7. Chemical or physicaltreatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.
8. Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.
9. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrityof the propertyand its environment.
10. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic propertyand its environment would be unimpaired.
Mills Act Program Guidelines & Application
EXHIBIT " C"
CITY OF FULLERTON HISTORIC PROPERTY
MAINTENANCE STANDARDS
All buildings, structures, yards and other improvementsshall be maintained in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited:
1. Dilapidated, deteriorating, or unrepairedstructures, such as: fences, roofs, doors, walls and windows.
2. Publiclyvisible storage of scrap lumber, junk, trash or debris.
3. Publicly visible storage of abandoned, discarded or unused objectsor equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers or similar items.
4. Stagnant water or excavations, including pools or spas.
5. Any device, decoration, design, structure or vegetation that is unsightly by reason of its height, condition, or its inappropriatelocation.
Mills Act Program Guidelines & Application
EXHIBIT " D"
REHABILITATION / MAINTENANCE PLAN
Mills Act Rehab Maintenance Plan
Jennifer Harris
330 W Whiting Ave
11 d CA 92832
Already completed:
2017 New fence: $ 1,750 - split with neighbor to east
2018 New fence: $ 2,300 - split with neighbor to west
2019 New basement door: $ 750
2020 Repaired foundation: $ 37,000
2020 Sidewalk side of home: $ 1,800
2021 Repaired lath and plaster: $ 400
2021 Landscaped front yard: $ 2,000
2021 Refinished claw foot tub: $ 750
2021 Repainted house: $ 3,800
2021 Roof tune up: $ 320
2021 New screen door and screens front: $ 865
2021 New deck off back of house: $ 1,600
2021 New plumbing and clean out: $ 1,400
2021 New water heater: $ 1,200
2022 Finished basement: $ 385
Need to complete:
2023 Repair original windows: $ 1,500
2023 New fence: South side of property: $ 2,500
2023 Screens for rest of property: $ . , S
2024 Re roof: $ 12,010
Mills Act Program Guidelines & Application
EXHIBIT " D"
REHABILITATION / MAINTENANCE PLAN ( CONTINUED)
2025 Finish repair of foundation: $ 30,000
2025 Earthquake retrofit: $ 12,000
City of Fullerton
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF FULLERTON )
RESOLUTION NO. 2022-106
I, Lucinda Williams, City Clerk and ex - officio Clerk of the City Council of the City of Fullerton, California, hereby certify that the whole number of the members of the City Council of the City of Fullerton is five, and that the City Council adopted the above and foregoing Resolution No. 2022-106 at a regular meeting of the City Council held on the December 20, 2022 by the following vote:
COUNCIL MEMBERS IN FAVOR: Jung, Whitaker, Charles, Dunlap, Zahra COUNCIL MEMBERS OPPOSED: None
COUNCIL MEMBERS ABSTAINED: None
COUNCIL MEMBERS ABSENT: None
L da Wil lams, M C
Ci , Clerk