Agenda packet — Orange City Council, November 14, 2023 (part 2 of 6)

Addendum No.1
DATE: October 6, 2023
To: Prospective Consultants
Subject: RFP No. 23-24.12; Request for Proposal for Advanced Traffic Management System and Communication Systems On-Call Maintenance and Repair Services
The following clarifications to RFP No. 23-24.12 are provided:

Questions:

1. Will the Contractor be given the opportunity to adjust the rates if the City desires to exercise a renewal option?
Answer: Unit prices shall remain the same for the first two (2) years of the services. If the contract is renewed for additional years, the unit prices shall be increased by 2% annually.

Revisions to RFP Document:

Behind this sheet is the revised RFP 23-24.12 document, pages 1 through 9. Prospective consultants shall review the revised document. Addendum 1 revisions have been made on the following pages:

1. Title Page

2. Page 2 of 9, Responsibilities of the Contractor – Licenses.

3. Page 6 of 9, Compensation
292

Page 2 of 2 ends

Please note that the Attachments and Appendices referenced in the RFP document are not attached to Addendum 1. They are available for review in the original RFP document.

As a reminder, all proposers must acknowledge receipt of Addendum 1 in the Cover Letter of the proposal. Failure to acknowledge receipt of this addendum in submitted proposal will result in disqualification of the proposal.

Karl Schmidt
Assistant Engineer
Public Works – Traffic Division
293
ORANGE CIVIC CENTER · 300 E · CHAPMAN AVENUE · ORANGE, CA 92866

REQUEST FOR PROPOSAL
for

ADVANCED TRAFFIC MANAGEMENT SYSTEM

AND COMMUNICATION SYSTEMS ON-CALL

MAINTENANCE AND REPAIR SERVICES
RFP 23-24.12
Request for Clarifications Due: October 5, 2023 by 2:00 p.m.

Proposals Due: October 12, 2023 by 2:00 p.m.

ADDENDUM 1: Issued October 6, 2023
294
Table of Contents
REQUEST FOR PROPOSAL ................................................................................................................... 1 INTRODUCTION ............................................................................................................................. 1 SCOPE OF WORK............................................................................................................................ 1 RESPONSIBILITIES OF THE CONTRACTOR ................................................................................ 2 PROPOSAL SUBMITTAL ...................................................................................................................... 4 PROPOSAL SCHEDULE OF EVENTS ............................................................................................ 4 REQUEST FOR CLARIFICATIONS ................................................................................................ 4 MAIN PROPOSAL REQUIREMENTS ............................................................................................. 4 FEE PROPOSAL REQUIREMENTS ................................................................................................ 5 PROPOSAL PREPARATION EXPENSES........................................................................................ 5 CITY’S RESERVATION OF RIGHTS .............................................................................................. 6 COMPENSATION ............................................................................................................................ 6 PROPOSAL SUBMITTAL INSTRUCTIONS ................................................................................... 6 SELECTION CRITERIA ......................................................................................................................... 8 PROPOSAL EVALUATION ............................................................................................................. 8 SELECTION PROCEDURE.............................................................................................................. 8 GENERAL INFORMATION............................................................................................................. 9 AWARD OF AGREEMENT ............................................................................................................. 9 IMPLEMENTATION ........................................................................................................................ 9

ATTACHMENTS
Attachment A: Insurance Checklist
Attachment B: City of Orange Traffic Signal Network Map Attachment C: Sample Agreement
Attachment D: Fee Proposal Documents
Non-Collusion Affidavit ........................................................................................................ P-1 Nonlobbying Certification ...................................................................................................... P-2 Nondiscrimination Certification ............................................................................................. P-3 Contractor’s Licensing and Registration Statement ................................................................. P-5 Prevailing Wage Compliance and Monitoring Statement......................................................... P-6 Ownership Affidavit .............................................................................................................. P-7 List of Subcontractors ............................................................................................................ P-8 References ............................................................................................................................. P-9 Apprenticeship Requirement Statement ................................................................................. P-11 “Anti-Kickback” Requirement Statement .............................................................................. P-12 Public Contract Code Questionnaires..................................................................................... P-13 Proposers Certification and Proposal Item Pricing “Fee Proposal” ......................................... P-14 295
RFP 23-24.12 Page 1 of 9
Advanced Traffic Management System and Communication Systems On-Call Maintenance and Repair Services

REQUEST FOR PROPOSAL FOR

ADVANCED TRAFFIC MANAGEMENT SYSTEM AND

COMMUNICATION SYSTEMS ON-CALL MAINTENANCE AND

REPAIR SERVICES

INTRODUCTION
The City of Orange is requesting proposals from qualified electrical contractors for repair services for the City’s Advanced Traffic Management System and Communications Systems on an on-call/ as-needed basis for a period of two (2) years, with the option for the City to grant up to three (3) one (1)-year renewals.

The City of Orange’s Advanced Traffic Management System (ATMS) monitors and controls all 157 of the traffic signals and CCTVs within the City. The ATMS encompasses the City’s traffic signal system, Closed Circuit Television (CCTV) system, and the Transportation Information System (TIS).

Communication between the Traffic Management Center (TMC) and the field equipment are established via fiber optic, twisted-pair interconnect, and wireless broadband.

The TMC is located at the City’s Corporation Yard on Struck Avenue. The TMC has a dedicated local area network that consists of computer servers, computer workstations, managed switches and routers, video processing units, hardwire interconnects, and fiber optic patch panels. The City’s current traffic signal system is Econolite Centracs.

The City’s CCTV system consists of Cohu, cameras, and video encoders. The City’s communication infrastructure consists of twisted-pair cable, single mode fiber optic cable, wireless broadband antennas, and other communication equipment. The hardwire interconnect and fiber optic cables are generally dedicated conduit from the TMC to controller cabinets and communication HUBs in the field.

Prospective contractors are requested to read all sections of this proposal carefully. Proposers should note critical items such as minimum requirements, scope of services, proposal submittal dates and formats, and submittal instructions. Only the Request for Proposal document (RFP) received directly from the City shall be considered official, as the City must track RFP holders in the event an addendum is issued.

Prospective contractors may email Elizabeth Aragonez, [email protected], Administrative Assistant at the City of Orange, requesting to be added to the Proposer List. Any addendum issued will be provided to prospective contractors on the Proposer List.

SCOPE OF WORK
1) Scope of Work
The scope of work generally consists of on-call communication system support services. This includes signal troubleshooting, repair, minor modifications, and enhancements to the City’s signal communication network and TMC. Majority of the work is anticipated for field equipment repairs. Scope of work shall include but is not limited to:

Troubleshooting, repair, and procurement of replacement or upgraded equipment to reestablish and/ or improve performance and reliability of the communication and networking systems. This may include fiber optic ethernet switches, routers, firewalls, and associated equipment that comprise the network.
296
RFP 23-24.12 Page 2 of 9
Advanced Traffic Management System and Communication Systems On-Call Maintenance and Repair Services Procurement and assistance in integrating networking and communication hardware on an asneeded basis from the TMC.

Performing field communication system repairs that include installing conduit and cables, splicing of fiber optic and hard interconnect cables, and installing new or replacing old splice enclosures. Fiber optic splicing shall be by fusion method and Hardwire Interconnect splice shall be done using weather resistant connector.

Troubleshooting/ repair and/ or installation of CCTV cameras.

Troubleshooting/ repair and/ or installation of wireless communication equipment.

Miscellanueous tasks related to traffic signal communication, as directed by City Staff.

The Contractor shall furnish all tools, equipment, apparatus, facilities, labor, services, and materials to perform all work necessary to maintain/ repair the ATMS and communication systems.

The Contractor may utilize subcontractors and/ or manufacturers with specific communication, network, or related expertise to provide the needed services.

Work to be done is either based on time and material or lump sum per task, to be determined prior to each authorization.
2) Working Hours
The Contractor’s activities shall be confined to the following hours:

Normal working hours are from 7:00 a.m. to 4:00 p.m. for local streets and from 8:30 a.m. to 3:30 p.m. for arterial streets, Monday through Friday, excluding all City observed holidays. No work will be permitted outside the specified working hours except under extraordinary circumstances and with prior approval of the City Traffic Engineer.

The Contractor shall not start, operate, move, or work on any equipment prior to 7:00 a.m. 3) City Responsibilities
The City will provide as-built plans and any other material related to the ATMS and Communications Systems to facilitate the repair work.

RESPONSIBILITIES OF THE CONTRACTOR
1) Licenses
The Contractor must possess or obtain a valid California Class C-10 Electrical Contractor license prior to the scheduled award date of this contract.
2) Service Personnel
The Contractor shall provide qualified service personnel or subcontractor to maintain and service all ATMS equipment as described. Personnel shall have at least one (1) year of experience maintaining and troubleshooting ATMS equipment and networking equipment such as Ethernet switches, routers, and firewalls.

The Contractor shall include the ATMS maintenance personnel’s qualifications in the proposal.

The City will notify the Contractor in the City’s sole opinion if personnel proposed for any ATMS maintenance are not qualified to work on these systems. Within thirty (30) days after the City makes the determination, the Contractor shall hire qualified subcontractor(s) specialized in ATMS equipment and networking for troubleshooting and repair without any additional compensation from the City.

ADD. 1
297
RFP 23-24.12 Page 3 of 9
Advanced Traffic Management System and Communication Systems On-Call Maintenance and Repair Services 3) Equipment
The Contractor shall have access to a bucket truck with minimum 50-foot reach capacity to access cameras and other traffic signal equipment.
4) DIR Registration
On-call public work tasks completed as part of this RFP and proposal(s) submitted shall be subject to the following: No contractor or subcontractor may be listed on a project for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Any subsequent work that follows from this RFP is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors are further cautioned that certified payrolls shall be submitted electronically directly to the Department of Industrial Relations.
5) Prevailing Wage Compliance and Monitoring
Contractor shall be aware of the requirements of the California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirement on “public works” and “maintenance” projects. Since the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by Prevailing Wage Laws and since the total compensations is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws.

Contractor shall be in compliance with the Prevailing Wages and requirements effective the due date of this proposal submittal and shall pay prevailing rates of per diem wages according to state law at all times throughout the term of any future agreement with the City. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the services available to interested parties upon request and shall post copies at the Contractor’s principal place of business and at the job site. Contractor shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
6) Safety Program Requirements
The Proposer shall be solely responsible for ensuring that all work performed under the contract is performed in strict compliance with all applicable Federal, State, and local occupational safety regulations. The Contractor shall provide at its expense all safeguards, safety devices, and protective equipment and shall take any and all actions appropriate to providing a safe construction site.

The following is also required in addition to being in compliance with the above and related latest editions (unless otherwise noted) of the standard specifications and/ or plans in the City of Orange “Orangebook,” APWA “Greenbook (2018 Edition),” CA MUTCD, CALTRANS Standard Plans and Standard Specifications, CALTRANS Highway Design and Traffic Manuals. 298
City of Orange

ADVANCE TRAFFIC MANAGEMENT SYSTEM AND

COMMUNICATIONS SYSTEMS ON-CALL MAINTENANCE AND
REPAIR SERVICES, RFP NO. 23-24.12
Due Date: October 12, 2023
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October 12, 2023
City of Orange
300 E. Chapman Avenue
Orange, CA 92866
To Whom it May Concern:

Crosstown Electrical and Data Inc.
³&rosstown¥
LVSOHDVHGWRVXEPLWWKLVSURSRVDOLQUHVSRQVHWRWKH Advance Traffic Management System and Communications Systems On-Call Maintenance and Repair Services Project, RFP No. 23-24.12.

Crosstown Electrical and Data, Inc. is a Southern California based Electrical & General Contractor specializing in the installation of Electrical and ITS Infrastructure, fiber optics, copper, wireless, communications, closed circuit television systems (CCTV), wireless systems, conduit installation, traffic signal installations, modifications, and maintenance. We were incorporated in 1998 as a C-Corporation and are in our twenty-fifth successful year providing these services. Crosstown has performed work on multiple projects throughout the years for the City of Orang and would love to support the City with our strong technical experience and background for the On-Call Maintenance and Repair contract.

Our corporate office is at 5454 Diaz Street in the City of Irwindale, California. We own an 11,000 SF building with offices, test laboratory, fabrication shop, and storage yard. Crosstown has a strong management team, with each member having at least twenty years of field experience, both in the technical and management areas for the installation of electrical, ITS and other complex systems.

CrosstowQ¶VWHDPLVhighly proficient in the implementation, installation, integration and maintenance of electrical and ITS Infrastructure, fiber optic, video, wireless, and data communications systems and have established themselves as premier integrators and installers of Traffic, Transportation, Rail, and Public Works related electrical infrastructure and systems in Southern California. Crosstown also has a strong construction division specializing in the installation of conduit, traffic signals, wire/cable, pedestrian equipment and complete intersections.

Crosstown has reviewed the insurance requirements as outlined on the insurance checklist and agrees to comply with all insurance requirements set forth in this RFP. Crosstown also acknowledges receipt of Addendum #1. Crosstown¶s authorized representative regarding this RFP will be Mr. David P. Heermance, President.

Per the specification, this proposal is valid for a period of 90 days after submission.

Our firm is very confident that we can provide superior service and meet all of the requirements set forth in this request for proposals. Thank you for your time and consideration and we look forward to serving the City of Orange as their ATMS and Communications Systems On-Call Maintenance and Repair contractor.

Best Regards,
David P. Heermance ± President
5454 Diaz St.

Irwindale, CA 91706
Phone: (626) 813-6693
[email protected]
299
300
City of Orange

ADVANCE TRAFFIC MANAGEMENT SYSTEM AND

COMMUNICATIONS SYSTEMS ON-CALL MAINTENANCE AND
REPAIR SERVICES, RFP NO. 23-24.12
Due Date: October 12, 2023
P a g e 3 |
KEY PERSONNEL and EQUIPMENT
A. &URVVWRZQ¶V0DQDJHPHQW&RQWDFWVDQGKey Staff
Crosstown will maintain adequate level of labor resources as required by the Scope of Work and will provide qualified service personnel with at least one year of experience maintaining and troubleshooting ATMS equipment and networking equipment. The designated manager will have full involvement of the work effort. The following key personnel and support team will be associated with the fulfillment of this Scope of Work and performance of specified tasks. Resumes for each are also attached for reference.
i. David Heermance, President - (50% availability) Mr. Heermance is the President and CEO of Crosstown Electrical & Data, Inc. which has been providing Electrical and communication services since 1998. He holds a General Construction Class A license as well as an Electrical Class C-10 License and has led Crosstown to experience continual growth and success each year. Mr.

Heermance brings over 40 years of overall experience in the installation, operation, maintenance and management of electronic equipment, communications, traffic signals and fiber optic systems to his team. He has in-depth knowledge and understanding of data communications, fiber optics, video, and their application to traffic signals and Intelligent Transportation Systems. Furthermore, Mr.

Heermance has developed exceptional management skills in relation to construction and maintenance and ensures that each project is completed successfully and with a satisfied customer. For this contract, Mr. Heermance will be responsible for overall project oversight and management. ii. Alex Zepeda ± (70% availability) Communication Superintendent and Project Manager / NEC Certified / IMSA Field Electrician Level II: Mr. Zepeda will serve as the single point contact for all on-call work for this RFP. Alex came to Crosstown in 2005 and has over 22 years of experience in communication and integration work. He specializes in CCTV camera installation and integration. Alex worked for CSC from 2001-2005 where he got his IMSA Field Electrician Level II. During this time he was a field electrician and has the background on Traffic Signal Cabinets as well as the maintenance of City intersections. Alex has experience in all types of wireless communication systems and integration and an excellent understanding of communication media such as copper and fiber technologies. He is a Certified Electrician and Fiber Optic Installer and has Certifications for Bridge Wave Wireless Technology and Comnet Ethernet and Communication also OSHA 10/30 Certification. Alex received his Associates Degree in 2002 from ITT in Science of Electronic Engineering. Alex is available for on-call or backup needs for an IMSA certified technician.
301
City of Orange

ADVANCE TRAFFIC MANAGEMENT SYSTEM AND

COMMUNICATIONS SYSTEMS ON-CALL MAINTENANCE AND
REPAIR SERVICES, RFP NO. 23-24.12
Due Date: October 12, 2023
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VEHICLE DESCRIPTION MAKE MODEL YEAR
Crane #2115 Kenworth/Manitex T880 2018
%XFNHW7UXFN¶ Ford F550 4x4 2019
Work Truck #2104 Chevy 6500 2020
Work Truck/Flatbed #2103 Chevy 6500 2021
%XFNHW7UXFN¶, #261 Ford F550 2019
Bucket Truck, #255 Chevy 5500 2019
iii. Ricardo Avila ± (40% availability) Construction Superintendent: Mr. Avila is a State Certified Electrician and has been with Crosstown since 2009. He is extremely knowledgeable in all aspects of construction and electrical installations and has great leadership skills. He is OSHA certified, lead and asbestos certified and trench excavation safety trained. See attached resume for additional information. Mr. Avila will oversee any construction related work that may be required for repairs.
iv. James P. Nelson ± (40% availability) Fiber Optic Supertintendent: Mr. Nelson is a certified fiber optics installer and OSHA 10/30 certified. He has been with Crosstown since 2011 and is responsible for managing our fiber optics divisio. See attached resume. Mr. Nelson will serve as oversight for all fiber optic related troubleshooting, splicing/termination/testing of fiber cable or fiber optic installation or repairs.

B. Subcontractors ± None
C. Equipment
Crosstown owns all its own bucket trucks, work trucks, bobcats, crane, boring rig, and traffic control equipment. A small sample of vehicles is provided below: (A full inventory list of all Crosstown owned equipment such as splice vans, pickup trucks, dump trucks, backhoes, bobcats, etc. can be provided upon request.)
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City of Orange

ADVANCE TRAFFIC MANAGEMENT SYSTEM AND

COMMUNICATIONS SYSTEMS ON-CALL MAINTENANCE AND
REPAIR SERVICES, RFP NO. 23-24.12
Due Date: October 12, 2023
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CRANE #2115 BUCKET TRUCK #260
WORK TRUCK #2104 WORK TRUCK/FLAT BED #2103
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304
City of Orange

ADVANCE TRAFFIC MANAGEMENT SYSTEM AND

COMMUNICATIONS SYSTEMS ON-CALL MAINTENANCE AND
REPAIR SERVICES, RFP NO. 23-24.12
Due Date: October 12, 2023
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UNDERSTANDING AND APPROACH
7KH IROORZLQJ VHWV IRUWK &URVVWRZQ (OHFWULFDO 'DWD¶V

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accomplishing the tasks outlined in the Scope of Work
(SOW). Crosstown complies with all applicable federal,
state and local laws, codes, ordinances and regulations.

Crosstown acknowledges this contract is for a period of two years with the option to extend for (3) 1 year periods.

General
It is understood that the City of Orange is seeking a
qualified electrical contractor firm for repair services for the City¶s Advanced Traffic management System and
Communication Systems on an On-Call / As Needed basis. Crosstown does not foresee any potential issues/challenges and does not identify any exclusions for this scope of work.

Crosstown is very familiar with the City of Orange¶s Advanced Traffic Management System (ATMS) and has worked with the City for many years. It is understood that the ATMS system monitors and controls all 157 RIWKHWUDIILFVLJQDOVDQG&&79¶VZLWKLQWKH&LW\DQG includes the Traffic Signal System, CCTV system and the Transportation Information System. Crosstown is experienced with the City of Orange¶s communication system between the Traffic Management Center and the field equipment which is through either fiber optic, twisted pair interconnect, or wireless broadband.

Crosstown is a Corning Network Preferred Installer, which allows a 25-year LANscape Solutions extended warranty to end users. Crosstown is also an Axis, Cohu and Bosch camera certified installer. Crosstown has many years of experience installing and troubleshooting Cohu cameras and video encoders as well as the other manufacturer¶V cameras and fully understands the scope of work required.

Crosstown will have all required tools, materials, equipment, apparatus, facilities and skilled labor services available to perform all work necessary for this RFP and to perform all work necessary to maintain/repair the ATMS and communication systems. A hydraulic bucket truck capable of reaching a height of at least 50 feet above ground will be available to access cameras and pan/tilt units.

Crosstown¶s team is extremely efficient in troubleshooting and repair of equipment to reestablish and/or improve performance and reliability of the communication and networking system for the fiber optic Ethernet switches, routers, firewalls, and associated equipment for the network.

Crosstown will provide all vehicles and traffic control necessary by our crews and vehicles 305
City of Orange

ADVANCE TRAFFIC MANAGEMENT SYSTEM AND

COMMUNICATIONS SYSTEMS ON-CALL MAINTENANCE AND
REPAIR SERVICES, RFP NO. 23-24.12
Due Date: October 12, 2023
P a g e 8 |
will be equipped with permanently mounted warning strobe lights, traffic cones, construction warning signs. Traffic control/lane closures will conform to the California Manual on Uniform Traffic Control Devices.

Crosstown will maintain a valid Class A and Class C-10 contractor license. Contractor license No. 756309 which expires on 11/30/22. We will also maintain a current City of Orange Business license throughout the duration of the agreement. Crosstown will pay prevailing wages pursuant to Labor Code section 1771 and is registered with the Department of Industrial Relations, DIR #1000000155.

Crosstown is will willing and able to perform all the following tasks as identified in the RFP and listed below, but understands it is not limited to the following:
x Troubleshoot, repair and procure replacement or upgraded equipment to reestablish and/or improve the performance and reliability of the communication and networking systems. The networking system includes fiber optic Ethernet switches, routers, firewalls and associated equipment/computers that make up the network.
x Procure and assist in integrating networking and communication hardware on an as needed basis for the TMC.
x Perform field communication system repairs that include installing conduit and cables; splicing of fiber optic and hard interconnect cables and installing new or replacing old splice enclosures. Fiber optic splicing will be by fusion method and Hardwire Interconnect splice shall be done using weather resistant connector x Troubleshoot/repair and/or install CCTV cameras.
x Troubleshoot/repair and/or install wireless communication equipment. x Furnish all tools, equipment, apparatus, facilities, labor, services and materials to perform all work necessary to maintain/repair the ATMS and communication systems
It is understood that all work is to be done is either based on time and material or lump sum per task, to be determined prior to each authorization.

It is understood that this contract work will be performed during the following work hours:
x From 7:00 a.m. to 4:00 p.m., Monday through Friday, for local streets and from 8:30 am to 3:30 pm for arterial streets, Monday through Friday, excluding all City observed holidays. No work will be permitted outside the specified working hoiurs except under extraordinary circumstances. It is understood that we may not start, operate, move, or work on any equipment prior to 7:00 a.m. 306
City of Orange

ADVANCE TRAFFIC MANAGEMENT SYSTEM AND

COMMUNICATIONS SYSTEMS ON-CALL MAINTENANCE AND
REPAIR SERVICES, RFP NO. 23-24.12
Due Date: October 12, 2023
P a g e 9 |

RELEVANT EXPERIENCE AND QUALIFICATIONS
Crosstown Electrical & Data, Inc. was incorporated in 1998 and has been providing Electrical, ITS and traffic signal services successfully for the past 25 years. Crosstown has multiple divisions to serve you which include a communication division, construction division, fiber optic division and traffic signal maintenance division which employs IMSA certified technicians. Our team is able to cohesively work together to quickly complete tasks and solve complex technical issues. We have multiple network engineers on our team that are available to serve you as well. Crosstown is 100% owned and operated by Mr. David Heermance. We currently have 150 employees with the qualified staff necessary to perform the tasks and services required of this request for proposal.

Crosstown has maintained a maintenance contract with the City of Orange for many years and provided fiber optic and communication troubleshooting, CCTV, and wireless system support and we would appreciate the opportunity to serve you through this contract.

Crosstown also has excellent relationships with many cities throughout California and maintains multiple on-call traffic signal maintenance contracts such as the City of Irvine, Santa Ana, and Santa Clarita. Crosstown has maintained the Caltrans Traffic Operations Network Fiber/Copper Maintenance and Repair Contracts in various Caltrans districts from 2013 to current. Crosstown has completed hundreds of projects involving the installation of fiber optic cable, splicing/termination/ and testing of fiber cable as well as the installation of communication equipment, to include Ethernet switches and/ or wireless communications.

One such project we completed was the North County ITS Expansion and Traffic Signal System Modernization project in the city of Lancaster which included the installation of over 200,000 LF of fiber cable and the installation and integration of communication equipment.

Crosstown has also recently successfully completed the Vision Zero Phase 2C project in the City of Los Angeles which included the Modification of seventeen intersections to include new controller assemblies, APS push buttons, street lighting and conduit work. Crosstown was also responsible for the completion of a Caltrans District 7 project that include the installation of tamper proof pull boxes and the installation of LED lighting conversion at approximately 500 locations.
&URVVWRZQPDLQWDLQVD&ODVV³$¥*HQHUDO&RQVWUXFWLRQOLFHQVHDQGDFODVV³&-¥(OHFWULFDO license, No. 756309, which Expires 11/30/24. We are registered with the Department of Industrial Relations, DIR # 100000155.
307
City of Orange

ADVANCE TRAFFIC MANAGEMENT SYSTEM AND

COMMUNICATIONS SYSTEMS ON-CALL MAINTENANCE AND
REPAIR SERVICES, RFP NO. 23-24.12
Due Date: October 12, 2023
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CLIENT REFERENCES
A. List of Current Representative Projects and Contact information.

Crosstown currently works with several cities for On-Call Traffic Signal Maintenance.

Below are several cities that we currently have 24/7 Maintenance contracts with that we have reliably been able to respond to the DJHQF\¶VRQ-call and/or emergency needs within the past 5 years. Please see attached reference list in the attachments and contract documentation for additional construction projects and fiber optic communication work that has been completed for various cities/agencies as well.

City of Downey (101 Intersections, Traffic Signal Maintenance & Emergency on Call Services)
Edwin Norris, Deputy Director of Public Works
11111 Brookshire Ave., Downey, CA 90241
(562) 904-7110
[email protected]
City of San Dimas (36 Intersections, Traffic Signal Maintenance & Emergency on Call Services)
Chase Buckelew, Public Works Maintenance Superintendent 245 East Bonita Avenue, San Dimas, CA 91773
(909) 394-6270
[email protected]
City of Azusa (47 Intersections, Traffic Signal Maintenance & Emergency on Call Services)
Robert Delgadillo P.E., Director of Public Works / City Engineer 213 E. Foothill Boulevard, Azusa, CA 91702
(626) 812-5248
[email protected]
City of Laguna Hills (49 Intersections, Traffic Signal Maintenance & Emergency on Call Services)
Kenneth Rosenfield, Director of Public Works
24035 El Toro Road, Laguna Hills, CA 92653
(949) 707-2655
[email protected]
City of El Monte (73 Intersection, Traffic Signal Emergency on Call Services) Frank Drevdahl, Public Works Administrative Analyst
3990 Arden Drive, El Monte, CA 91731
[email protected]
308
309
EXHIBIT “B”

COMPENSATION FOR SERVICES
[Beneath this sheet.]
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325

59.61 59.61

80.00 80.00

57.71 57.71
145.00 200.00
128.00 170.00
Apprentice 118.00 152.00
132.00 178.00
*
*
*
326
**NOTE: A VEHICLE COST WILL BE ADDED TO EACH MAN-HOUR WORKED 327
Agenda Item
City Council
Item #: 3.6. 11/14/2023 File #: 23-0719
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Agreement with Orange Home Grown Farmers and Artisans Market for the use of West Palm Avenue between North Lemon Street and North Cypress Street.

2. SUMMARY
Approval of an agreement with Orange Home Grown Farmers and Artisans Market for the use of West Palm Avenue between North Lemon Street and North Cypress Street for their weekly farmers’ market. The agreement outlines both the City’s and Orange Home Grown Farmers and Artisans Market’s responsibilities related to the closure. Implementation of the agreement and closure is contingent upon Orange Home Grown Farmers and Artisans Market maintaining Conditional Use Permit 3100-19 and Resolution Number 11189.

3. RECOMMENDED ACTION
Approve the agreement with Orange Home Grown Farmers and Artisans Market for the use of West Palm Avenue between North Lemon Street and North Cypress Street for their weekly farmers’ market; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The direct staff costs, estimated to be $375 per week, will be reimbursed to the City by Orange Home Grown Farmers and Artisans Market.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
a: Provide staffing and resources to deliver services that ensure public safety.

Goal 3: Enhance and promote quality of life in the community e: Develop and strengthen collaborative partnerships to enhance and promote quality of life programs, projects, and services.

6. DISCUSSION AND BACKGROUND
Background
Since January 2018 Orange Home Grown Farmers and Artisans Market (OHG) has had a temporary use agreement with the City to utilize West Palm Avenue between North Lemon Street and North Cypress Street every Saturday from 9:00 a.m. - 1:00 p.m. in accordance with Temporary Use Permits City of Orange Page 1 of 2 Printed on 11/8/2023
powered by Legistar™328
Item #: 3.6. 11/14/2023 File #: 23-0719
Cypress Street every Saturday from 9:00 a.m. - 1:00 p.m. in accordance with Temporary Use Permits 0211-17 and 0222-18.

With the success of the market in this location, OHG applied for a permanent Conditional Use Permit (CUP) No. 3100-19. The Planning Commission approved CUP 3100-19 on October 7, 2019. Key elements that contribute to the success of this location include an appropriate amount of space for all elements of the market, good circulation, good visibility, appropriate access and parking, minimal resident and business impacts, and the ability for overall safety concerns to be addressed.

Operating the Farmer’s Market in this location requires a street closure on West Palm Avenue between North Lemon Street and North Cypress Street every Saturday from 7:00 a.m. to 2:00 p.m. In 2019 following approval of CUP No. 3100-19, the City Council approved an agreement with OHG detailing the City’s and OHG’s responsibilities related to the street closure and Resolution No. 11189 authorizing this street closure for the duration of the agreement.

Discussion
The agreement allows OHG continued use of the closure area for their weekly market and outlines both the City’s and OHG’s responsibilities related to the street closure. The street closure will be executed each week consistent with a staff approved Traffic Management Plan. The agreement requires OHG to reimburse the City for direct costs associated with the closure, estimated at $375 per week. OHG will be billed for actual costs quarterly. OHG may receive a credit toward these expenses for volunteer maintenance of the historic Orange Grove at Hart Park. The credit will be equivalent to the City’s approved hourly rate for the most appropriate and applicable staff. Staff will continue to work with OHG to ensure the closure works safely and sufficiently, with minimal impact to local residents and businesses.

The term of the agreement is for two years, with the option for three one-year extensions, to be executed by the City Manager, as long as the valid CUP is in place. The agreement outlines insurance requirements and states OHG is responsible for all aspects of production of the market.

7. ATTACHMENTS
· Agreement with Orange Home Grown Foundation, Inc.

City of Orange Page 2 of 2 Printed on 11/8/2023
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Agenda Item
City Council
Item #: 3.6. 11/14/2023 File #: 23-0719
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Agreement with Orange Home Grown Farmers and Artisans Market for the use of West Palm Avenue between North Lemon Street and North Cypress Street.

4. FISCAL IMPACT
The direct staff costs, estimated to be $375 per week, will be reimbursed to the City by Orange Home Grown Farmers and Artisans Market.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
a: Provide staffing and resources to deliver services that ensure public safety.

Goal 3: Enhance and promote quality of life in the community e: Develop and strengthen collaborative partnerships to enhance and promote quality of life programs, projects, and services.

6. DISCUSSION AND BACKGROUND
Background
Since January 2018 Orange Home Grown Farmers and Artisans Market (OHG) has had a temporary use agreement with the City to utilize West Palm Avenue between North Lemon Street and North Cypress Street every Saturday from 9:00 a.m. - 1:00 p.m. in accordance with Temporary Use Permits City of Orange Page 1 of 2 Printed on 11/8/2023
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Item #: 3.6. 11/14/2023 File #: 23-0719
Cypress Street every Saturday from 9:00 a.m. - 1:00 p.m. in accordance with Temporary Use Permits 0211-17 and 0222-18.

7. ATTACHMENTS
· Agreement with Orange Home Grown Foundation, Inc.

City of Orange Page 2 of 2 Printed on 11/8/2023
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AGREEMENT FOR ORANGE

HOME GROWN FARMERS AND ARTISANS MARKET
THIS AGREEMENT is made and entered into as of __________________, 2023 , by and between the CITY OF ORANGE, a municipal corporation (“City”), and ORANGE HOME GROWN FOUNDATION INC., a California non-profit corporation, also known as ORANGE HOME GROWN (“OHG”).

RECITALS
A. OHG desires to produce a weekly Orange Home Grown Farmers & Artisans Market (“Market”) to provide a service to the residents of and visitors to Orange by providing quality, clean, sustainably grown, and organic food options.

B. Subject to certain conditions, City desires to make available designated public right of way to assist OHG in providing the Market.

WHEREFORE, for and in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all of the terms and conditions hereof, the parties hereto do agree as follows:

AGREEMENT

1. Term of Agreement.

A. Unless otherwise amended or terminated as provided herein, the term of this Agreement shall begin January 5, 2024 and be for a two year period with the option for three, oneyear renewals. The City Manager is authorized to execute any renewal under this Agreement, so long as a valid Conditional Use Permit (“CUP”) is in place for the Market.

B. City, acting through its City Manager or designee, may terminate this Agreement for any reason by providing a 30-day written notice of intent to terminate to OHG. City shall not be liable for any claim of lost profits.

2. Location.

A. The Market will be held in Chapman University’s Becket Building parking lot (303 West Palm Avenue) on West Palm Avenue between North Cypress Street and North Lemon Street and in the north portion of Chapman University’s Dodge College of Film and Media Arts parking lot (283 N. Cypress Street), as depicted in the map attached hereto and incorporated herein as Exhibit “A.”
B. All fire lanes shown on the approved plan shall remain free and clear of all objects, materials, vehicles, and other obstructions during setup, during the course of the Market, and at break down of the Market. City may inspect and walk the Market during set up, during the course of the Market, and at break down of the Market, checking fire lanes, street closures, booth set-up, and other operating conditions.
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2 C. Exhibit “A” depicts the physical layout for the event, including Market boundaries, booth set-up, closure areas, and fire access. This Exhibit shall be reviewed annually.

3. Hours of Operation.

A. The Market shall be held weekly on Saturdays from 9:00 a.m. to 1:00 p.m. as long as a valid approved CUP is in place. OHG shall ensure that all reasonable measures are taken to mitigate noise between the hours of 6:00 a.m. and 8:00 a.m.

B. All activities in the closure area of West Palm Avenue shall cease promptly at 1:00 p.m. each Saturday, and all equipment shall be removed no later than 2:00 p.m.

4. OHG Obligations.

A. OHG shall produce the Market. “Production of the Market” as used in this Agreement shall mean all aspects of the planning, coordination and execution of said Market including, but not limited to, reviewing and approving applications for vendor booths, preparation and distribution of advertising, obtaining all licenses, permits and certificates, obtaining all insurance required by City, developing a budget and booth fee schedule, providing a safe environment for participants and spectators, and ensuring adequate staff or volunteer manpower for the set-up, production and cleanup of event.

B. OHG shall comply with the hours of operation provided herein.

C. OHG shall furnish all equipment and supplies and shall bear all other costs and expenses reasonably necessary to carry out the purpose of this Agreement.

D. OHG shall reimburse City for all direct costs and expenses for the Market, including actual staff costs incurred by City in providing materials and services for the closure of West Palm Avenue. OHG agrees that the number of personnel assigned to execute the closure is at the reasonable discretion of the designated City representative. Reimbursement for materials and services shall be due and payable within thirty (30) days of receipt of an itemized statement from City. City will bill OHG quarterly, beginning in April 2024 for each calendar quarter. With regard to City personnel, OHG shall reimburse City for the actual staff time costs incurred related to the production of the Market and street closure. The City may choose to offer OHG a credit for number of hours of maintenance performed at the W.O. Hart Park Historic Orange Grove quarterly. The credit will be equivalent to the City approved hourly rate for the most appropriate and applicable staff. The credit will be issued at the City’s sole discretion on a quarterly basis.

E. OHG shall pay for all damage caused to public and private property within the event footprint during the hours of the event related to Market activities. The City will bill OHG as appropriate.

F. OHG shall pay for all clean-up costs related to Market activities. The City will bill OHG as appropriate.
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3 G. OHG shall collect and remove trash from all areas within the event footprint as well as areas immediately adjacent to the event footprint that are impacted by the Market. Trash collection and removal shall occur throughout the Market and at the conclusion of the Market to ensure all trash receptacles are usable throughout the event and immediately upon the conclusion of the event for general public use. OHG shall provide trash receptacles at its own cost and expense. OHG shall provide additional temporary trash receptacles to be placed throughout the event site as needed. OHG shall not dispose of Market trash in dumpsters provided for use by City or other local merchants or residents.

H. OHG shall ensure that its participants park vehicles as required by the Traffic Management Plan, at both the Lemon Street and Cypress Street closure sites, in coordination with placement of the type three barricades to act as safety barriers, and fully close W. Palm Avenue to vehicle traffic. Each vehicle must remain in place for the duration of the closure.

I. Unless otherwise stated herein, OHG shall comply with all conditions of the applicable CUP. Any future expansion in area or in the nature and operation of the use approved by the applicable CUP shall require an application for a new or amended Conditional Use Permit.

OHG shall also comply with all applicable state and federal mandates as they relate to all storm water issues and as directed by City.

J. OHG shall designate an individual to serve as a public contact for any and all inquiries, including, but not limited to, complaints related to the Market, and shall maintain a list of contacts and phone numbers and provide the list to City no fewer than two (2) weeks prior to commencement of the first Market.

K. OHG shall work with designated City representatives for business involving the Market to ensure compliance with this Agreement.

5. City Obligations. City shall provide type three barricades in sufficient quantities to close West Palm Avenue at both Lemon Street and Cypress Street by 7:00 a.m. each Saturday. City shall pick up these same barricades at or after 2:00 p.m. each Saturday, consistent with a City approved Traffic Management Plan. Staff may adjust the Traffic Management Plan from time to time as needed in an effort to provide optimal safety and minimal impacts to local residents and businesses.

6. Insurance.

A. OHG shall carry workers’ compensation insurance as required by law for the protection of its employees, if any, during the production of the Market.

B. OHG shall maintain during the life of this Agreement, comprehensive general liability insurance or commercial general liability insurance written on an occurrence basis providing for a combined single limit of two million dollars ($2,000,000) per occurrence with four million dollars ($4,000,000) aggregate for bodily injury, death and property damage.

C. Each policy of general liability insurance coverage shall provide that City, its officers, agents, and employees and City designated volunteers are declared to be additional insureds under the terms of the policy, but only with respect to the work performed by OHG under this Agreement. Policy endorsements to that effect shall be provided to City along with the 334
4 executed originals of the certificate(s) of insurance. An endorsement to the general liability policy shall be on a form acceptable to the City Attorney. In lieu of an endorsement, City will accept a copy of the policy(ies) that evidences that City is an additional insured as a contracting party and that such coverage affords City coverage for ongoing work exposure.

D. The insurance policies maintained by OHG shall be primary insurance and no insurance held or owned by City shall be called upon to cover any loss under the policy. OHG will determine its own needs in procurement of insurance to cover liabilities other than as stated above.

E. Any policy or policies of insurance required herein shall contain a provision that no termination, cancellation or change of coverage or of insured or additional insured shall be effective unless ten (10) days’ notice thereof has been given in writing to City.

F. OHG shall immediately notify City if any required insurance lapses or is otherwise modified, and cease performance of this Agreement unless otherwise directed by City. In such a case, City may procure insurance or self-insure the risk and charge OHG for such costs and any and all damages resulting therefrom.

G. OHG and City shall give each other prompt and timely notice of any claim made or suit threatened and/or instituted against OHG or City related to the Market.

H. If OHG shall require each commercial vendor to obtain general liability insurance, each said policy of general liability insurance coverage shall provide that City, its officers, agents, employees, and City designated volunteers are declared to be additional insureds under the terms of the policy, but only with respect to the work performed by the vendor, under the terms of its agreement with OHG.

7. OHG Records. OHG shall retain copies of all records relating to this Agreement for a minimum period of three (3) years following the expiration or termination of Agreement. All such records shall be available for inspection, audit or review by an authorized representative of City at any time, upon reasonable notice.

8. Assignability. OHG shall not assign or transfer any interest in this Agreement, whether by assignment or notation without the prior written consent of the City. Any attempted assignment without compliance with section shall be ineffective for any purpose and constitute a breach of this Agreement.

9. Equal Employment Opportunity. During the performance of this Agreement, OHG agrees as follows:

A. OHG shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. OHG shall ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Such actions 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 335
5 of compensation and selection for training, including apprenticeship. OHG agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.

B. OHG shall, in all solicitations and advertisements for employees placed by, or on behalf of OHG, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.

C. OHG shall cause the foregoing paragraphs A and B to be inserted in all subcontracts for any work covered by this Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

10. Hold Harmless. OHG agrees to hold City, its officers, agents and employees harmless from any and all claims, liabilities or losses for personal injury, death or property damage, including workers’ compensation claims, arising out of or in connection with work undertaken or equipment provided pursuant to this Agreement to the extent any claim is caused by or results from any acts or omissions, or international misconduct of OHG, its employees, volunteers, or its agents. Further, OHG agrees to provide City, its officers, agents and employees, at the request of City, and at the sole expense to OHG, with the defense of any and all such actions, suits or other legal proceedings brought against City, its agents, officers and employees including any award for attorneys’ fees. OHG shall not be liable for the indemnification and defense of City on claims or litigation arising out of the sole negligence or sole willful misconduct of City.

11. OHG Compliance with Law.

A. OHG shall comply with all federal, state, and local laws, ordinances, regulations and directives applicable to the performance of this Agreement. OHG shall further keep and maintain in effect any and all licenses, permits, notices and certificates as required by law, including a City of Orange business license.

B. In addition to the requirements above, OHG shall comply with all applicable Fire Department guidelines in effect January 1st of any given year during which the Market is produced.

Additional requirements may be added by the Fire Department, as necessary, and at the Fire Department’s discretion.

12. Independent Contractor. At all times during the term of this Agreement, OHG shall be an independent contractor and not an employee of City. City shall have the right to control OHG only insofar as the result of OHG's services rendered pursuant to this Agreement. City shall not have the right to control the means by which OHG accomplishes services rendered pursuant to this Agreement. OHG shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its subcontractors, agents and employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. OHG acknowledges that OHG and any subcontractors, agents or employees employed by OHG shall not, under any circumstances, be considered employees of City, and they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, 336
6 Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits.

13. Conflicts of Interest. OHG agrees that it shall not make, participate in the making, or in any way attempt to use its position to influence any decision of City in which it knows or has reason to know that OHG, its officers, partners, or employees have a financial interest as defined in Section 87103 of the Government Code.

14. Validity. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

15. Governing Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California and OHG agrees to submit to the jurisdiction of California courts. Venue for any dispute arising under this Agreement shall be in Orange County, California.

16. Notices. Notices and written communications sent by one party to the other shall be personally delivered, by e-mail, or sent by U.S. Mail, postage prepaid, to the following addresses:
“City” “OHG”
City of Orange Orange Home Grown Foundation Inc.
300 E. Chapman Avenue P.O. Box 871
Orange, CA 92866 Orange, CA 92856
Attn: Public Works Director Attn: President or Executive Director Telephone: (714) 744-5525 Telephone: (714) 397-4699
E-mail: [email protected] E-mail: [email protected]

17. Exclusivity and Amendment of Agreement.

A. This Agreement supersedes any and all other agreements either oral or in writing between the parties hereto with respect to the production of the Market and contains all the covenants and agreements between the parties with respect to such production. Each party to this agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party which are not embodied herein.

B. This Agreement may only be changed by written amendment signed by OHG and the City Manager or other authorized representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Agreement shall be of no force or effect.
[Remainder of page intentionally left blank; signatures on next page] 337
7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates hereinafter respectively set forth.

APPROVED AS TO FORM: CITY OF ORANGE, a municipal corporation:

By: By:

Nathalie Adourian Daniel R. Slater, Mayor
Senior Assistant City Attorney
ATTEST: ORANGE HOME GROWN FOUNDATION INC.

By:

Pamela Coleman, City Clerk Brian Kunisch, President
By:

Megan Penn
Executive Director
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EXHIBIT “A”

ORANGE HOME GROWN FOUNDATION & ARTISANS MARKET LAYOUT
[Behind this page.]
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EXHIBIT "A"
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Agenda Item
City Council
Item #: 3.7. 11/14/2023 File #: 23-0733
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Agreement with the California Department of Transportation for additional Santiago Creek debris removal services and community waste disposal events.

2. SUMMARY
The California Department of Transportation (Caltrans) and the City of Orange have agreed to fund additional Santiago Creek debris removal services and host community waste disposal events from November 2023 to June 2024. Caltrans has allocated a reimbursement not to exceed $130,000 for the City’s efforts.

3. RECOMMENDED ACTION
Approve the Reimbursement Agreement with Caltrans in the amount of $130,000 for debris removal along Santiago Creek and to facilitate community disposal events for Orange residents under the Clean California Initiative from November 2023 to June 2024, and authorize the City Manager, or their designee, to execute on behalf of the City.

4. FISCAL IMPACT
The total amount of $130,000 for this Agreement will be funded by the reimbursement received from Caltrans to the General Fund (100) in the following accounts:
100.5095.50002.00000 Regular Salaries $32,000
100.5095.51700.00000 Contractual Services $98,000
TOTAL $130,000

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
a: Expend fiscal resources responsibly.

Goal 3: Enhance and promote quality of life in the community c: Support and enhance attractive, diverse living environments.

6. DISCUSSION AND BACKGROUND
The Clean California Initiative, led by Caltrans, focuses on maintaining the cleanliness of roads and waterways, job creation, and beautifying public spaces. A significant component of this Initiative is the City of Orange Page 1 of 2 Printed on 11/8/2023
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Item #: 3.7. 11/14/2023 File #: 23-0733
waterways, job creation, and beautifying public spaces. A significant component of this Initiative is the proposed community disposal events, which enable the public to dispose of household waste and large items without any costs.

This collaborative effort between the City of Orange and Caltrans ensures free community disposal events for the residents of Orange as part of the larger Clean California Initiative. The City and Caltrans will work in partnership in publicizing the community disposal events. Residential bulky item pick up will be publicized and scheduled between March 1, 2024, through May 31, 2024, with various locations at certain residential routes to be determined.

Additionally, funding will be provided to augment Santiago Creek debris removal efforts. Additional resources will be provided at clean-up events that are scheduled between November 15, 2023, through June 30, 2024, and will occur every second Saturday of the month from 8:00 a.m. to 3:00 p.m. The first event is anticipated on November 18, 2023. The City, working in partnership with CR&R, will utilize city staff, city contractors, the Orange County Conservation Corp, and community volunteer groups for these events.

The agreement prohibits the collection of hazardous materials during these events. Staff will provide all necessary equipment and staffing for the safety and management of community disposal events.

Staff recommends the approval of this Agreement with Caltrans in the reimbursement amount not to exceed $130,000, in accordance with the Clean California Initiative. As proposed, the agreement will contribute to the City’s cleanliness and beautification and promote responsible waste disposal practices among Orange residents.

7. ATTACHMENTS
· Dump Day Event Agreement
City of Orange Page 2 of 2 Printed on 11/8/2023
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Agenda Item
City Council
Item #: 3.7. 11/14/2023 File #: 23-0733
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Agreement with the California Department of Transportation for additional Santiago Creek debris removal services and community waste disposal events.

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
a: Expend fiscal resources responsibly.

Goal 3: Enhance and promote quality of life in the community c: Support and enhance attractive, diverse living environments.

6. DISCUSSION AND BACKGROUND
The Clean California Initiative, led by Caltrans, focuses on maintaining the cleanliness of roads and waterways, job creation, and beautifying public spaces. A significant component of this Initiative is the City of Orange Page 1 of 2 Printed on 11/8/2023
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Item #: 3.7. 11/14/2023 File #: 23-0733
waterways, job creation, and beautifying public spaces. A significant component of this Initiative is the proposed community disposal events, which enable the public to dispose of household waste and large items without any costs.

The agreement prohibits the collection of hazardous materials during these events. Staff will provide all necessary equipment and staffing for the safety and management of community disposal events.

7. ATTACHMENTS
· Dump Day Event Agreement
City of Orange Page 2 of 2 Printed on 11/8/2023
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DUMP DAY EVENT AGREEMENT
THIS AGREEMENT is made this ______ day of November, 2023, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as CALTRANS; and the City of Orange, hereinafter referred to as “LOCAL AGENCY”; and collectively referred to as “PARTIES.”
The Clean California initiative is a multiyear clean-up effort led by CALTRANS to keep roads and waterways free of litter, create thousands of jobs, and transform state and local public spaces through beautification efforts. As part of the litter collection component, CALTRANS is proposing free dump day events where the public can dispose of household waste safely and properly for free (Dump Day events).

CALTRANS and LOCAL AGENCY, agree to provide free Dump Day events for LOCAL AGENCY’s residents as part of the Clean California initiative.

PARTIES are authorized to enter into an agreement for improvements to the State Highway System per the California Streets and Highways Code, Sections 114 and 130.

PARTIES MUTALLY AGREE TO DO THE FOLLOWING:

1. PARTIES shall publicize Dump Day events by informing the public that they may dispose of certain household waste items safely and properly for free during March 1, 2024 through May 31, 2024 at certain residential routes and the Santiago Creek debris clean up.

Santiago Creek Clean Up
• Dates: November 15, 2023 through June 30, 2024;
• Times: Every second Saturday of each month with the first event on November 18, 2023 from 8:00 a.m. to 3:00 p.m;
• Location: Santiago Creek
Residential Bulky Item Pick Up
• Dates: March 1, 2024 through May 31, 2024;
• Location: Various locations at certain residential routes Dates and times in the location identified above are to be determined and mutually agreed upon in writing (sample attached as Exhibit A) by authorized representatives of the PARTIES.

2. CALTRANS agrees to reimburse the LOCAL AGENCY 100% (one hundred percent) of cost for, including but not limited to labor, equipment and/or dumping fees expended for Dump Day events (Dump Day Costs) up to the maximum Contract Sum stated in this Agreement.

3. CALTRANS has agreed to reimburse LOCAL AGENCY, an amount not to exceed $130,000 to fulfill its obligations under this AGREEMENT. 351
2 4. CALTRANS’ obligations under this AGREEMENT are subject to the appropriation of resources by the Legislature and the State Budget Act authority.

5. Based on the amount of trash collected during the Dump Day events, LOCAL AGENCY shall send its invoicesto CALTRANS within 45 days of the Dump Day event for the latter’s share of the Dump Day Costs.

6. LOCAL AGENCY shall send invoices to the Caltrans District Clean CA District (xx) Coordinator. The itemized invoice shall contain the following:
(a) STATE’s Clean California Program Code: CLEANCADMP;
(b) AGREEMENT number;
(c) Date(s) of services;
(d) Location of services;
(e) Number of hours and hourly rates;
(f) Receipts for trash disposal;
(g) Receipts for equipment, materials, and supplies; and (h) LOCAL AGENCY’s Performance Report that includes tonnage and/or cubic yard measurement of litter/debris disposed.

CALTRANS contact is the following:

Eric Corona, Program Manager
1750 East Fourth Street, Ste 100
Santa Ana, CA 92705
Phone: (949) 279-9092
Email: [email protected]
LOCAL AGENCY contact is the following:

Josh Soliz, Admin Manager
300 East Chapman Avenue
Orange, CA 92866
Office Phone: (714) 744-5525
Email: [email protected]

7. Upon review and approval of invoice by the District Clean California Coordinator, CALTRANS shall pay LOCAL AGENCY within forty-five (45) calendar days of receipt of invoices. Payment will be made in accordance with the CA Prompt Payment Act, and within the time specified in Chapter 4.5, sections 927-927.13 of the Government Code.

8. When publicizing the Dump Day events, PARTIES shall inform the public that no hazardous materials will be accepted at the Transfer Stations/Landfills. However, if LOCAL AGENCY accepts hazardous materials, it shall do so at its own risk and responsibility and CALTRANS shall not pay disposal fees for such hazardous material.

9. Participating members of the public will be responsible for legally transporting waste to the Dump Day event.
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3 10. LOCAL AGENCY shall provide the necessary equipment, tools, personal protective equipment, materials, supplies and products necessary to perform the services under this AGREEMENT including refuse intake inspection by staff qualified to identify hazardous materials, transportation, loading and unloading, and handling of Dump Day refuse.

11. CALTRANS does not accept nor take any responsibility for generation of any waste streams, including hazardous materials, associated with the Dump Day event(s).

12. All services performed by LOCAL AGENCY pursuant to this AGREEMENT are intended to be performed in accordance with all applicable Federal, State and LOCAL AGENCY laws, ordinances, and regulations. In case of a conflict between Federal, State and LOCAL AGENCY laws, ordinances, or regulations, the order of precedence applicability of these laws shall be Federal, State and then LOCAL AGENCY laws and regulations, respectively.

13. The total amount CALTRANS will reimburse to LOCAL AGENCY pursuant to this AGREEMENT shall not exceed $130,000 (“Contract Sum”). Costs incurred by LOCAL AGENCY for PROJECT work under this AGREEMENT in excess of the Contract Sum will be borne by LOCAL AGENCY. It is understood and agreed that this AGREEMENT fund limit is an estimate, and that CALTRANS will only reimburse the actual cost of services rendered as authorized by the CALTRANS Contract Manager or designee at or below the fund limitation amount set forth in this AGREEMENT.

14. This AGREEMENT may only be amended or modified by mutual written agreement of the PARTIES.

15. This AGREEMENT will end on June 30, 2024. This AGREEMENT may be terminated by the PARTIES upon mutual written agreement. In the event of a termination CALTRANS will reimburse LOCAL AGENCY all allowable, authorized, and non-cancellable obligations and costs incurred by LOCAL AGENCY prior to the termination.

16. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by LOCAL AGENCY, its contractors, sub-contractors, general public, and/or its agents under or in connection with any work (including hazardous materials), authority, or jurisdiction conferred upon LOCAL AGENCY under this AGREEMENT. It is understood and agreed that LOCAL AGENCY, to the extent permitted by law will defend, indemnify, and save harmless CALTRANS and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by LOCAL AGENCY, its contractors, sub-contractors, general public, and/or its agents under this AGREEMENT.

PARTIES will continue to work together to plan future events. 353
4 PARTIES are authorized to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and hereby covenant to have followed all the necessary legal requirements to validly execute this AGREEMENT. By signing below, the PARTIES each expressly agree to execute this AGREEMENT electronically.
____________________ __________ ____________________ __________ Bobi C. Hettick Date Thomas C. Kisela Date
Deputy District Director City Manager
Ops & Maintenance City of Orange
Caltrans District 12
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EXHIBIT A
DUMP DAY Locations and Schedule
• (Date) between (event hours) at the (Transfer/Landfill name and address) ____________________ __________ ____________________ __________ Bobi C. Hettick Date Thomas C. Kisela Date
Deputy District Director City Manager
Ops & Maintenance City of Orange
Caltrans District 12
355
Agenda Item
City Council
Item #: 3.8. 11/14/2023 File #: 23-0721
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Russell Bunim. Community Development Director

1. SUBJECT
Historic Property Preservation Agreements (Mills Act Contracts) for 19 qualified historic properties.

2. SUMMARY
The Community Development Department Historic Preservation Program received 19 applications for new Mills Act Contracts in the Old Towne and Eichler Historic Districts for the Spring and Fall 2023 application period. Staff recommends approval and execution of the contracts.

3. RECOMMENDED ACTION
Approve 19 Mills Act Contracts between the City of Orange and the identified property owners for the preservation and rehabilitation of qualified historic properties; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The purpose of the Mills Act Program is to leverage property tax savings to support private investment in the preservation of historic properties.

For the 19 Mills Act application received in Spring and Fall 2023, the City may incur a total reduction of property tax of approximately $18,617 per year. The actual amount of the property tax reduction under the Mills Act Contract will be determined by the Orange County Office of the Assessor, using a predetermined income-based approach to assessment, considering area rental rates and maintenance costs.

The Mills Act Program requires reinvestment of this property tax reduction in preservation of the historic property through the Rehabilitation Plan attached to each contract. The Rehabilitation Plan will generate additional revenues from building permit fees, and the local economy will benefit from specialized work in historic preservation by local building contractors and material suppliers. The investment by property owners in these 19 historic properties totals $1,966,084.46 over ten years.

The $1,050 application fee for each contract offsets the cost of staff review, property inspection, and this public meeting. The $100 annual fee offsets ongoing costs of administration of the contracts.

5. STRATEGIC PLAN GOALS
Goal 5: Recognize, promote and preserve Orange’s rich heritage.

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Item #: 3.8. 11/14/2023 File #: 23-0721
b. Expand and strengthen processes and practices related to the protection of cultural resources.

6. DISCUSSION AND BACKGROUND
Mills Act applications for 19 qualified historic properties were received prior to the March 2, 2023 and August 3, 2023 application deadlines. Eight properties are within the Old Towne Historic District, ten properties are in the Eichler Historic Districts, and one property is individually listed on the local Historic Resources Inventory.

Staff reviewed the applications and met with each property owner at the historic property to review the proposed Rehabilitation Plan attached to the Mills Act contract (Exhibit D of contract). Each Rehabilitation Plan has been tailored to the preservation needs of the specific historic property and has been determined to meet the Mills Act Program requirements and to be in conformance with the relevant design standards for the historic districts.

Each Mills Act property owner agrees to complete the work described in the Rehabilitation Plan.

Additional contract conditions include:
1 Preserve and rehabilitate the historic property and its character-defining features in conformance with adopted rules and regulations.
2 Meet City of Orange Historic Property Maintenance Standards for all buildings, structures, yards, and other improvements on the property.
3 Agree to property inspections once every five years of the contract term and/or when work is completed to determine compliance with terms of the contract. 4 File annual status reports on progress of improvements and repairs and/or any changed conditions of the property.
5 Provide a ten-year update of proposed rehabilitation and repair items, 90 days prior to the tenth contract anniversary.
6 Meet all other contract terms and conditions as specified in the Historic Property Preservation Agreement.

A summary of each application is provided in Attachment 1 to the Staff Report

7. ATTACHMENTS

1. Table Summary of 19 Mills Act Applications

2. Mills Act Contract MAC-421.0-22 with photograph

3. Mills Act Contract MAC-428.0-23 with photograph

4. Mills Act Contract MAC-429.0-23 with photograph

5. Mills Act Contract MAC-430.0-23 with photograph

6. Mills Act Contract MAC-431.0-23 with photograph

7. Mills Act Contract MAC-432.0-23 with photograph

8. Mills Act Contract MAC-433.0-23 with photograph
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Item #: 3.8. 11/14/2023 File #: 23-0721

9. Mills Act Contract MAC-434.0-23 with photograph

10.Mills Act Contract MAC-435.0-23 with photograph

11.Mills Act Contract MAC-436.0-23 with photograph

12.Mills Act Contract MAC-437.0-23 with photograph

13.Mills Act Contract MAC-438.0-23 with photograph

14.Mills Act Contract MAC-439.0-23 with photograph

15.Mills Act Contract MAC-440.0-23 with photograph

16.Mills Act Contract MAC-441.0-23 with photograph

17.Mills Act Contract MAC-442.0-23 with photograph

18.Mills Act Contract MAC-443.0-23 with photograph

19.Mills Act Contract MAC-444.0-23 with photograph

20.Mills Act Contract MAC-445.0-23 with photograph
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Agenda Item
City Council
Item #: 3.8. 11/14/2023 File #: 23-0721
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Russell Bunim. Community Development Director

1. SUBJECT
Historic Property Preservation Agreements (Mills Act Contracts) for 19 qualified historic properties.

4. FISCAL IMPACT
The purpose of the Mills Act Program is to leverage property tax savings to support private investment in the preservation of historic properties.

5. STRATEGIC PLAN GOALS
Goal 5: Recognize, promote and preserve Orange’s rich heritage.

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Item #: 3.8. 11/14/2023 File #: 23-0721
b. Expand and strengthen processes and practices related to the protection of cultural resources.

Each Mills Act property owner agrees to complete the work described in the Rehabilitation Plan.

A summary of each application is provided in Attachment 1 to the Staff Report

7. ATTACHMENTS

1. Table Summary of 19 Mills Act Applications

2. Mills Act Contract MAC-421.0-22 with photograph

3. Mills Act Contract MAC-428.0-23 with photograph

4. Mills Act Contract MAC-429.0-23 with photograph

5. Mills Act Contract MAC-430.0-23 with photograph

6. Mills Act Contract MAC-431.0-23 with photograph

7. Mills Act Contract MAC-432.0-23 with photograph

8. Mills Act Contract MAC-433.0-23 with photograph
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Item #: 3.8. 11/14/2023 File #: 23-0721

9. Mills Act Contract MAC-434.0-23 with photograph

10.Mills Act Contract MAC-435.0-23 with photograph

11.Mills Act Contract MAC-436.0-23 with photograph

12.Mills Act Contract MAC-437.0-23 with photograph

13.Mills Act Contract MAC-438.0-23 with photograph

14.Mills Act Contract MAC-439.0-23 with photograph

15.Mills Act Contract MAC-440.0-23 with photograph

16.Mills Act Contract MAC-441.0-23 with photograph

17.Mills Act Contract MAC-442.0-23 with photograph

18.Mills Act Contract MAC-443.0-23 with photograph

19.Mills Act Contract MAC-444.0-23 with photograph

20.Mills Act Contract MAC-445.0-23 with photograph
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1 Summary of Mills Act Applications
Spring and Fall 2023
Contract No. Property Address Historic
District Property Owners
Estimate for
Rehabilitation
Plan
Property Tax
Savings over
10 Years
Annual Property
Tax Reduction
to City
MAC-421.0-22 610 S. Grand Street Old Towne Jennifer and Oliver Gelles $72,385 $71,257 $968
MAC-428.0-23
637 E. Washington
Avenue Old Towne Patricia Pennington $95,766.46 $69,132 $939 MAC-429.0-23 338 S. Parker Street Old Towne Nicholas and Shelby Carver $69,000 $58,470 $794
MAC-430.0-23 5122 E. Elsinore
Avenue
Eichler
Fairhills
Kristina and Mark
Paquin $87,795 $60,032 $815
MAC-431.0-23 167 N. Little Main
Street
Individually
Listed
Michael and
Jerrica Knight $47,170 $41,656 $566
MAC-432.0-23 245 N. Harwood
Street Old Towne Joe and Rachyl Occhipinti $88,000 $57,920 $787 MAC-433.0-23 1072 N. Granada
Drive
Eichler
Fairhills My Uyen Duong $110,500 $109,526 $1,487
MAC-434.0-23 1091 N. Granada
Drive
Eichler
Fairhills
Jocelyn Miller and
David Shulman $183,000 $81,781 1,111
MAC-435.0-23 446 N. Glassell Street Old Towne Al Ricci Family Trust $175,700 $135,880 $1,845
MAC-436.0-23 826 E. Ferndale
Avenue
Eichler
Fairmedows
Joshua Downs and
Ann Vanderhelm $66,200 $66,128 $898
MAC-437.0-23 1805 N. Shaffer
Street
Eichler
Fairmeadows
Melissa Pawlecki,
Brian Caviness $59,000 $33,382 $453
MAC-438.0-23 1843 N. Woodside
Street
Eichler
Fairmeadows
Jamie and Thomas
Sokoll
$82,300 $80,163 $1,089
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2 Summary of Mills Act Applications
Spring and Fall 2023
Contract No. Property Address Historic
District Property Owners
Estimate for
Rehabilitation
Plan
Property Tax
Savings over
10 Years
Annual Property
Tax Reduction
to City
MAC-439.0-23 775 S. Oakwood
Street
Eichler
Fairhaven
William Dong and
Nguyen Pham $133,700 $133,554 $1,814
MAC-440.0-23 753 S. Oakwood
Street
Eichler
Fairhaven
Daniel and
Theresa Gehman $40,950 $31,693 $430
MAC-441.0-23 3809 E. Larkstone
Drive
Eichler
Fairhaven
Jordan R and
Alexis D Lang $123,750 $115,201 $1,564
MAC-442.0-23 616 W. Chapman
Avenue Old Towne Ahmed Joseph Mahmoud $159,983 $40,139 $545 MAC-443.0-23 505 E. Glendale
Avenue
Eichler
Fairmeadows Laurita Guaico $63,000 $34,324 $466
MAC-444.0-23 133 N. Cambridge
Street Old Towne Marty and Lisa Patterson $82,885 $58,467 $794 MAC-445.0-23 208 E. Chapman
Avenue Old Towne Al Ricci Family Trust $225,000 $92,200 $1,252 363
1 RECORDING REQUESTED BY

AND, WHEN RECORDED,
MAIL TO:

City Clerk
City of Orange
300 E. Chapman Avenue Exempt from recording fees pursuant to Orange, California, 92866 Gov. Code Sections 6103 and 27383 Property Address: 610 S. Grand Street
APN: 390-105-09
Mills Act Contract Number: 421.0-22

HISTORIC PROPERTY PRESERVATION AGREEMENT
(MILLS ACT CONTRACT)
THIS HISTORIC PROPERTY PRESERVATION AGREEMENT (“Agreement”) is made and entered into as of the date of execution by the City (“Effective Date”), by and between the CITY OF ORANGE, a municipal corporation (“City”), and OLIVER JOHN GELLES and JENNIFER ALMEIDA-GELLES, as Trustees of the Oliver John Gelles and Jennifer Almeida-Gelles Family Trust (“Owner”), with reference to the following:

RECITALS
WHEREAS, the Mills Act (Government Code Section 50280 et seq.) provides cities with the opportunity to contract with owners of qualified historical properties whereby the owner promises to preserve and rehabilitate the property in return for a potential reduced property tax assessment; and WHEREAS, the City of Orange has established Historic Districts consisting of the Plaza Historic District, listed in the National Register of Historic Places; the Old Towne Orange Historic District, listed in the National Register of Historic Places; the local Old Towne Orange Historic District, designated by the Orange City Council; and the local Eichler Fairhaven, Fairhills, and Fairmeadow Historic Districts, designated by the Orange City Council; and WHEREAS the City desires to promote the character, quality of life, and historic features of said Districts for its residents and visitors; and
WHEREAS, the City is dedicated to the protection and stabilization of property values by maintaining and upgrading its older housing stock, through the use of incentives such as the Mills Act; and
WHEREAS, the Mills Act also has beneficial effects on City businesses, economic stability and community pride by preserving important neighborhood historic resources; and 364
2 WHEREAS, the use of the Mills Act will fulfill one of the goals of the City’s 2010 General Plan Cultural Resources Element; specifically,
“Provide incentives and expand education efforts for historic preservation” (Goal 3.0, CR22); and WHEREAS, Owner possesses fee simple title in and to that certain real property, together with associated structures and improvements thereon, located at 610 S. Grand Street in the City of Orange, County of Orange, State of California, having Assessor’s Parcel Number 390-105-09 and more specifically described in Exhibit A, which exhibit is attached hereto and made a part hereof (“Historic Property); and
WHEREAS, the Historic Property is a qualified historical property under the Mills Act in that it is privately owned property which is not exempt from property taxation and is either: individually designated or is a contributing property within a designated district which is listed in the National Register of Historic Places, California Register of Historical Resources or Register of Historical Landmarks, California Points of Historical Interest, or is a contributing property in a locally designated historic district; 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 property taxes pursuant to the provisions of the California Revenue and Taxation Code; and WHEREAS, it is the City’s expectation that the Owner will use the property tax savings accrued under this Agreement for improvements (as defined below). to the “Historic Property” To that end, as a condition of renewal, the City will require a revised schedule of improvements every ten years showing a plan for improvements commensurate with the tax savings; and WHEREAS, the City and 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 historic significance are preserved and maintained in an exemplary manner, and to carry out the purposes of Article 12 (commencing with Section 50280) of Chapter 1, Part 1, Division 1 of Title 5 of the California Government Code and Article 1.9 (commencing with Section 439) of Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code.

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 therefrom, do hereby agree as follows:

2. ASSESSMENT OF VALUATION. Property tax relief afforded to Owner pursuant to Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code will be determined solely by the Orange County Office of the Assessor. City makes no representations regarding the actual tax savings any person may realize by entering into this Agreement.

3. PRESERVATION OF PROPERTY. Owner agrees to preserve and maintain the Historic Property and its character defining features. Character defining features include, but are not necessarily limited to, the general architectural form, style, materials, design, scale, details, mass, roofline and other aspects of the appearance of the exterior of the Historic Property. For purposes of identification of the Historic Property, the City’s Official Historic Property Inventory Form (DPR 523) is attached as Exhibit E.

The Secretary of the Interior's Standards for Rehabilitation (Exhibit B) and City’s minimum maintenance standards (Exhibit C), attached hereto and incorporated herein by reference, shall constitute the minimum standards and conditions for preservation and rehabilitation of the Historic Property, and shall apply to the Historic Property throughout the term of this Agreement. Owner shall, where necessary, rehabilitate the Historic Property to conform to the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, the Secretary of the Interior's Standards for Rehabilitation, the California Historical Building Code, and the City of Orange’s Historic Preservation Design Standards for Old Towne and Eichler Design Standards.

As consideration for the City to enter into this Agreement, the Owner agrees, at its own cost and expense, to complete, or cause to be completed, the work or improvements described in Exhibit D within the times established therefore in Exhibit D. The Owner shall secure any and all permits which may be required by the City or any other governmental agency affected by the construction of the work or improvements. The Owner accepts responsibility for and shall be responsible for identification of and compliance with all applicable laws pertaining to the construction and installation of the work or improvements described on Exhibit D and the contract or contracts pertaining thereto. 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 correctly determine the applicability of any such requirements to any contract he/she/they enter into.

In addition to the foregoing, the Owner hereby agrees to and will comply with all applicable local, state, and federal statutes, regulations, rules, codes (including building codes), ordinances, and other requirements of governmental authorities now or hereafter in effect (“Applicable Laws”) pertaining to the use of the Historic Property. Owner must give the City immediate written notice on Owner’s becoming aware that the use or condition of the Historic Property is in violation of any Applicable Laws.

4. INSPECTIONS AND ANNUAL REPORTING. Owner agrees to permit the examination, by prior appointment, of the interior and exterior of the Historic Property by the City at a minimum 366
4 every five (5) years during the Agreement term to determine Owner's compliance with the terms and provisions of this Agreement. Owner agrees to provide the City with a report as to the status of the Historic Property annually within thirty (30) days following each anniversary of the Effective Date of this Agreement. The annual report shall provide substantiation reasonably satisfactory to the City’s Historic Preservation Planner or in his/her absence the Director of Community Development that Owner has completed the work required by Exhibit D for the twelve month period preceding each anniversary of this Agreement, and whether the Historic Property has undergone any changed conditions, and whether Owner has received any public funds from other sources designated for the preservation or maintenance of the Historic Property and from whom such funds have been received.

5. PAYMENT OF ANNUAL FEE. The Owner shall pay the City an annual fee to cover administrative costs associated with this Agreement, including but not limited to, the reasonable cost of monitoring the Historic Property, performing required inspections, and enforcement of the Agreement. Said fee shall be payable to the City of Orange and shall be remitted to the Planning Division upon demand and prior to any required inspection. The amount of the annual inspection fee shall be established by the City and may be revised from time to time, which fee shall be set forth in the City’s Master Schedule of Fees and Charges. Failure to pay the required fee within 45 days of the due date will be considered a willful breach of this Agreement and may result in cancellation of the Agreement in accordance with the cancellation terms detailed below.

6. TERM. The term of this Agreement is for a period of ten (10) years. The initial term of this Agreement shall be from November 14, 2023 to and including November 14, 2033.

7. AUTOMATIC RENEWAL. On each yearly anniversary of the Effective Date of this Agreement ("renewal date"), one year shall be added automatically to the initial term of this Agreement, unless notice of non-renewal is given as provided in this Agreement.

8. EFFECT OF OUTSIDE FUNDS. If Owner receives funds designated for the preservation or maintenance of the Historic Property from any other public agency, this Agreement shall not be renewed except upon the vote of the City Council.

9. NOTICE OF NONRENEWAL. If in any year either the Owner or City desires not to renew this Agreement, that party shall serve written notice of nonrenewal to the other party in advance of the annual renewal date. Unless the notice is served by Owner 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 prior to the expiration of the renewal date of this Agreement or toll the renewal date until such hearing can reasonably held. Owner may furnish the City Council with any information which the Owner deems relevant, and shall furnish the City Council with any information it may require. At any time prior to the renewal date, City may withdraw its notice of nonrenewal.
367
5 10. EFFECT OF NOTICE NOT TO RENEW. If in any year either party serves written notice of nonrenewal of this Agreement, this Agreement shall remain in effect for the balance of the period remaining since 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) anniversary of the Effective Date of this Agreement, and ninety (90) days prior to every tenth (10th) anniversary thereafter, Owner shall provide City with an updated schedule of rehabilitation maintenance items for the City’s review and approval. Such updated schedule shall contain a list of proposed improvements and/or revisions to be accomplished during the next succeeding ten (10) years of the Agreement and a schedule for the construction of such improvements. Within thirty (30) days after the City’s receipt of said updated schedule, the Director of Community Development shall either approve or disapprove such proposed improvements in the updated schedule, or shall respond in writing by stating what further information, if any, the City reasonably requires in order to determine the request complete and determine whether or not to grant the requested approval. Upon receipt of such a response, the Owner shall promptly furnish to the City such further information as may be reasonably requested.

From time to time, at the request of the Director of Community Development (or his/her authorized representative), the Owner shall meet and confer with the City’s Historic Preservation Planner or in his/her absence the Director of Community Development (or his/her designee) regarding matters arising hereunder with respect to the work and improvements and the progress in constructing the same.

12. DAMAGE. Should the Historic Property incur damage from any cause whatsoever, which damages fifty percent (50%) or less of the Historic Property, Owners shall replace and repair the damaged area(s) of the Historic Property. For repairs that do not require a permit, Owners shall commence the repair work within thirty (30) days of incurring the damage and shall diligently prosecute the repair to completion within a reasonable period of time, as determined by the City.

Where specialized services are required due to the nature of the work and the historic character of the features damaged, “commence the repair work” within the meaning of this paragraph may include contracting for repair services. For repairs that require a permit(s), Owners shall proceed diligently in applying for any necessary permits for the work and shall apply for such permits not less than sixty (60) days after the damage has been incurred, commence the repair work within one hundred twenty (120) days of receipt of the required permit(s), and shall diligently prosecute the repair to completion within a reasonable period of time, as determined by the City. Upon written request by the Owners, the Zoning Administrator, at his or her discretion, may grant an extension of the time periods set forth in this paragraph. Owners may apply for an extension by a letter to the Zoning Administrator, and the Zoning Administrator may grant the extension by letter without a hearing. All repair work shall comply with the design and standards established for the Historic Property in Exhibits A and B attached hereto and Paragraph 3 herein. In the case of damage to twenty percent (20%) or more of the Historic Property due to a catastrophic event, such as an earthquake, or in the case of damage from any cause whatsoever that destroys more than fifty percent (50%) of the Historic Property, the City and Owners may mutually agree to terminate this Agreement. Upon such termination, Owners shall not be obligated to pay the 368
6 cancellation fee set forth in Paragraph 14 of this Agreement. Upon such termination, the City shall assess the full value of the Historic Property without regard to any restriction imposed upon the Historic Property by this Agreement and Owners shall pay property taxes to the City based upon the valuation of the Historic Property as of the date of termination.

13. INDEPENDENT ADVICE OF COUNSEL. The Owner, and each of them, represent and declare that, in executing this 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 executing the same by the City or by any person representing the City.

14. ENFORCEMENT OF AGREEMENT. If the City determines the Owner has breached any of the conditions of the Agreement provided for or has allowed the property to deteriorate to the point it no longer meets the standards for a qualified historical property, the City shall either cancel the Agreement or bring any action in court necessary to enforce the Agreement including, but not limited to, an action to enforce the Agreement by specific performance to cure, correct or remedy any breach of the terms of this Agreement, to recover damages for any breach, or to obtain any other remedy consistent with the purpose of this Agreement. In the event of a default under the provisions of this Agreement by Owner, City shall give written notice to Owner specifying the alleged grounds for the default. Said notice shall be given by registered or certified mail addressed to the address stated in this Agreement. If such violation(s) is not corrected to the reasonable satisfaction of the City within thirty (30) days from the receipt 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 remedy such breach or default are commenced within thirty (30) days and thereafter diligently pursued to completion, then City may, without further notice, institute legal action.

Except as otherwise expressly stated in this Agreement, the rights and remedies of the City are 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 by the Owner. Any failure or delay by the City in asserting any of its right and remedies as to a breach of any of the covenants, conditions or agreements set forth herein shall not operate as a waiver of such breach or of any such rights or remedies, or deprive the City of its right to 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. In lieu of bringing an action to enforce the Agreement, City may cancel this Agreement if City determines Owner has breached any of the conditions or covenants of this Agreement or has allowed the Historic Property to deteriorate to the point that it no longer meets the standards for a qualified historical property. City may also cancel this Agreement if it determines Owner has failed to rehabilitate the Historic Property in the manner specified in this Agreement.
369
7 16. NOTICE OF CANCELLATION. This Agreement cannot be canceled until after City has given notice and has held a public hearing as required by Government Code Section 50285. Notice of the hearing shall be mailed to the last known address of each owner of property within 300 feet of the Historic Property and shall be published in accordance with Government Code Section 6061.

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 (12-1/2%) 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 Property imposed pursuant to this Agreement. The cancellation fee shall be paid to the County Auditor at such time and in such manner as the County Auditor shall prescribe.

18. NO IMPLIED WAIVER. No failure by the City to insist on the strict performance of any obligation of the Owner under this Agreement or to exercise any right, power, or remedy arising out of a breach hereof shall constitute a waiver of such breach or of the City’s right to demand strict compliance with any terms of this Agreement.

19. NOTICES. All notices required by or provided for in the Agreement shall be given in writing and may be mailed or delivered in person at the address of the respective parties as specified below or at any other address as may be later specified by the parties. Deposit of notice in the mail, postage prepaid, shall be deemed receipt of the notice.

City of Orange
Attn.: City Clerk
Oliver John Gelles and Jennifer AlmeidaGelles
300 E. Chapman Avenue 1401 N. Richman Knls,
Orange, CA 92866 Fullerton, CA 92835

20. NO COMPENSATION. Owner shall not receive any payment from the City in consideration of the obligations imposed under this Agreement. The Owner acknowledges and agrees 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 Historic Property on account of the restrictions on the use and preservation of the Historic Property.

21. REMEDY IF AGREEMENT HELD NOT ENFORCEABLE. In the event it is finally determined this Agreement does not constitute an enforceable restriction within the meaning of the applicable provisions of the California Government Code and the California Revenue and Taxation Code, except for an unenforceability arising from the cancellation or nonrenewal of this Agreement, then this Agreement shall be null and void and without further effect and the Historic Property subject to 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. 370
8 22. ACQUISITION OF PROPERTY BY EMINENT DOMAIN; CANCELLATION OF CONTRACT; INAPPLICABILITY TO DETERMINATION OF VALUE. In the event that the Historic Property is acquired in whole or part by eminent domain or other acquisition by any entity authorized to exercise the power of eminent domain, and the acquisition is determined by the City to frustrate the purpose of the Agreement, the Agreement shall be canceled and no fee shall be imposed under Section 16, above. The Agreement shall be deemed null and void for all purposes of determining the value of the Historic Property so acquired.

If, subsequent to the filing of an action in eminent domain, the proposed condemnation is abandoned by the condemning agency, the restrictions on the use of the Historic Property included in this Agreement shall, without further agreement of the parties, be reinstituted and the terms of this Agreement shall continue in full force and effect.

23. EFFECT OF AGREEMENT. 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 the parties hereto to be considered joint venturers or members of any joint enterprise.

24. SUCCESSORS AND ASSIGNS. The covenants, benefits, restrictions and obligations contained in this Agreement shall be deemed to run with the land and shall be binding upon and shall inure to the benefit of all successors in interest of the Owner, regardless of the tax exempt status of any subsequent owner. A successor in interest shall have the same rights and obligations under this Agreement as the original owner who entered into this Agreement.

25. REQUIREMENTS RELATED TO TRANSFER OF HISTORIC PROPERTY. In the event of any sale, transfer, assignment or conveyance of the Historic Property (“Transfer”), the Owner agrees that, at least thirty (30) days prior to such Transfer, it shall give written notice to the City of such proposed Transfer, including the name(s) of the transferee(s). In addition, the Owner and the proposed transferee(s) shall enter into and deliver to the City through the escrow for the Transfer of the Historic Property an assignment and assumption agreement in a form satisfactory to the City's Attorney or such other evidence as may be satisfactory to the City that the transferee(s) has (have) assumed the Owner's obligations set forth in this Agreement. Upon the Transfer of the Historic Property and the assumption of the obligations hereunder by the transferee(s), the Owner's liability for performance shall be terminated as to any obligation to be performed hereunder after the date of such Transfer.

26. INSURANCE. Owner shall secure adequate property insurance to meet Owner’s' obligations under this Agreement and shall submit evidence of such insurance to the City upon request.

27. INDEMNIFICATION. The Owner shall indemnify, defend, and hold harmless the City and all of its boards, commissions, departments, agencies, agents and employees (individually and collectively, the “Indemnitees”) from and against any and all liabilities, losses, costs, claims, judgments, settlements, damages, liens, fines, penalties and expenses incurred in connection with or arising in whole or in part from: (a) any accident, injury to or death of a person, loss of or damage to property occurring in or about the Historic Property; (b) the use or occupancy of the 371
9 Historic Property by the Owner, their Agents or Invitees; (c) the condition of the Historic Property; or (d) any construction or other work undertaken by Owner on the Historic Property.

This indemnification shall include, without limitation, reasonable fees for attorneys, consultants, and experts and related costs that may be incurred by City or Indemnitees and the City’s cost of investigating any claim. In addition to Owner’s obligation to indemnify City or Indemnitees, Owner specifically acknowledges and agrees that they have an immediate and independent obligation to defend City or Indemnitees from any claim that actually or potentially falls within this indemnification provision, even if the allegations are or may be groundless, false, or fraudulent, which obligation arises at the time such claim is tendered to Owner by City or Indemnitees, and continues at all times thereafter. The Owner’s obligations under this Paragraph shall survive termination of this Agreement.

28. RECORDATION. City shall record a copy of this Agreement with the Office of the County Recorder of the County of Orange.

29. 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 Development is authorized to amend the list of required projects in Exhibit D.

30. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one and the same agreement with the same effect as if all parties had signed the same signature page. Any signature page of this Agreement may be detached from any counterpart of this Agreement and re-attached to any other counterpart of this Agreement identical in form hereto but having attached to it one or more additional signature pages.

31. ADMINISTRATION. This Agreement shall be administered by the Director of Community Development (or his/her designated representative) following approval of this Agreement by the City. The City shall maintain authority of this Agreement through the Director of Community Development (or his/her authorized representative). The Director of Community 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 Property or the purpose of this Agreement. Such amendments may include extensions of time or amendments to the projects specified in Exhibit D. All other waivers or amendments shall require the written approval and consent of the City Council. [Remainder of page intentionally left blank; signatures on next page] 372
10 IN WITNESS WHEREOF, the City and the Owner have executed this Agreement. “OWNER”
Dated: , 2023
Oliver John Gelles
Dated: , 2023
Jennifer Almeida-Gelles
“CITY”
CITY OF ORANGE, a municipal corporation
Dated: , 2023 By:

Daniel R Slater
Mayor
ATTEST: APPROVED AS TO FORM:

Pamela Coleman Melissa Crosthwaite
City Clerk Senior Assistant City Attorney
373
11 ACKNOWLEDGEMENT
State of California
County of ____________
On before me, ,
a Notary Public in and for the State of California, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature __________________________________ (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
374
12 EXHIBIT “A”

LEGAL DESCRIPTION OF HISTORIC PROPERTY

REAL PROPERTY IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS:

Lot 12 in Block 5 of Nutwood Place, in the City of Orange, County of Orange, State of California, as per Map recorded in Book 4, Pages 70 to 71 inclusive of Miscellaneous Maps, in the office of the County Recorder of Orange County. [APN 390-105-09]
375
13 EXHIBIT “B”

SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION

1. Every reasonable effort shall be made to provide a compatible use for a property, which requires a 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, wherever 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 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 preserve archeological 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, and such design is compatible with the 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 were to be removed in the future, the essential form and integrity of the structure would be unimpaired.
376
14 EXHIBIT “C”

CITY OF ORANGE HISTORIC PROPERTY

MAINTENANCE STANDARDS
All buildings, structures, yards and other improvements shall 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 unrepaired structures, such as: fences, roofs, doors, walls and windows.

2. Publicly visible storage of scrap lumber, junk, trash or debris.

3. Publicly visible storage of abandoned, discarded or unused objects or 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 inappropriate location.
377
15 EXHIBIT “D”

REHABILITATION/MAINTENANCE SCOPE OF WORK
[Attached.]
378
EXHIBIT “D”

REHABILITATION/MAINTENANCE SCOPE OF WORK
610 S Grand Street
Priority Description of Work Cost Estimate Completion Date

1. Complete work identified in termite report $1,885.00 2023

2. Repair damaged siding $2,000.00 2023

3. Paint exterior, caulk and seal gaps $12,000.00 2024

4. Engage structural engineer experienced with
historic preservation to evaluate the
foundation and structure, and make
recommendations for repair and retrofit
$15,000.00 2026

5. Engage roofing contractor to evaluate roof
and make recommendations for repair and
replacement
$6,000.00 2027

6. Repair attic vents, removed abandoned
electrical components $5,000.00 2028

7. Remove all window air conditioning units
and repair wood sills $2,500.00 2030

8. Install air conditioning $11,500 2029

9. Reroof $22,500 2030
TOTAL $72,385
379
16 EXHIBIT “E”
HISTORIC PROPERTY INVENTORY FORM (DPR 523)
[Attached.]
380
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

PRIMARY RECORD

Page 1 ends

*b. USGS 7.5' Quad: Date: T R 1/4 of 1/4 of Sec B.M.
d. UTM: mE/ mN
e. Other Locational Data:

P1. Other Identifier:
*P2. Location:
c. Address: 610 Zip: 92866
(Give more than one for large and/or linear resources)
(Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boudnaries. Continues on Pg.3.) ; ; ;
Zone '
and (P2b and P2c or P2d. Attach a location map as necessary.) - 614 S GRAND City: Orange
*P3a. Description:
*P3b. Resource Attributes:
(List attributes and codes)
Reconnaissance
(Describe)
(Cite survey report and other sources, or enter "none.") *Attachments: Continuation Sheet(s) Building, Structure, and Object Record (Name, affiliation, and address)
(View, date, accession #)
*P6. Date Constructed/ Age and Source:

D. Gest, P. LaValley, D.

Matsumoto
*P7. Owner and Address:
*P8: Recorded by:
*P10. Survey Type:
*P11. Report Citation:

DPR 523A (1/95) *Required Information
*Resource Name or #: GRAND_S_610-614__APN_390-105-09
(Assigned by Recorder)
*P9. Date Recorded:

May, 2005
1920 c
Primary # 30-159942
HRI # 039309
Date:

NRHP Status Code 1D
Trinomial ORA
Other Listings:

Review Code: Reviewer:
(HP3)--Duplex
*a. County: Orange
P5b. Description of Photo:

Unrestricted
3 *P4. Resources Present: Building Structure Object Site Element of District District Other (Isolates, etc.) Not for Publication
District Record
Photograph Record
Location Map
Artifact Record
Archaeological Record
NONE
Linear Feature Record Milling Station Record Rock Art Record Other (List):

Materials: Frame - Wood siding
ST
Chattel Architecture
13417 Ventura Blvd.

Sherman Oaks, CA 91423
Historic Prehistoric Both

A single-story bungalow with ornamental lap siding and shallow-pitched, gable roof. The house features two entries, indicating the intention for duplex usage originally. Each entry is articulated by a shallowpitched, gabled gabled portico supported by piers with wide concrete bases and wood posts on top. A small shed dormer is located in the center portion of the front roof. The central portion of the front façade featu
,#
2005
Orange County Assessor Records (2005). Chattel Architecture (2005) Historic Resources Survey. AEGIS (1991) Historic Building Inventory Update. Heritage Orange County, Inc. (1982) Orange Historic Survey. 381
DOC previously noted in 1991 Survey as: 1925.

B1. Historic Name: Louis and Alma Bayer House
B3. Original Use: RES B4. Present Use: RES
*B5. Architectural Style: Craftsman Bungalow
*B6. Construction History: (Construction date, atlerations, and date of alterations) Date of Construction: 1920 *B9. Architect or Builder: Unknown
Period of Significance: Old Towne: Interwar Development (c. 1921 - 1941) *B10. Significance: Property Type: Residence
(Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity. Continues on Pg.4.) *B8. Related Features:
*B7. Moved? Date: Original Location:

Theme: Architecture Area: City of Orange
Structural Integrity: Good Condition - No apparent change to original structure. (List attributes and codes)
*Date of Evaluation: September, 2005
B11. Additional Resource Attributes:
(This space reserved for official comments.)
*B14. Evaluator: Robert Chattel
B13. Remarks:

State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

BUILDING, STRUCTURE, AND OBJECT RECORD
*B12. References:
*NRHP Status Code 1D
The house was built for a cost of $1,000, and its construction was cited in a 1925 issue of the Orange Daily News. Originally, the house was owned by Louis and Alma Bayer. Mr. Bater was a patrolman for the City.

Primary # 30-159942
HRI # 039309
c
No Yes Unknown

Page 2 of 3 ends

(Assigned by Recorder)
Historic Prehistoric Both
B2. Common Name:

Applicable Criteria: AC
Orange Daily News (1925). Sanborn Maps (1922, 1950).
(Sketch Map with North arrow required.)
DPR 523B (1/95) *Required Information
Opportunities:

Status change since 1991 Survey: None.

Site Integrity:
(Continues on Pg.3.)
382
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Description of Photo:

Primary # 30-159942
HRI # 039309
Trinomial ORA
Recorded by:

Date Recorded: May, 2005
P3a. Description (Continued from Pg.1):
res two large, sash windows with mullioned upper sashes.

DPR 523L (11/98) *Required Information
Continuation Update

Page 3 of 3 ends

B6. Construction History (Continued from Pg.2):

Lot Acre:

Principal Building Sqft: 1322
Planning Zone: R-2-6 # of Stories: 1
Years Surveyed: 1982, 1991, 2005
General Plan: LDR
# of Units: 2
B13. Remarks (Continued from Pg.2):
1991
D. Gest, P. LaValley, D. Matsumoto
Chattel Architecture
13417 Ventura Blvd.

Sherman Oaks, CA 91423
*Resource Name or #: GRAND_S_610-614__APN_390-105-09
(Assigned by Recorder)
Listed in National Register: 1997
# of Buildings: 1

383
384
1 RECORDING REQUESTED BY

AND, WHEN RECORDED,
MAIL TO:

City Clerk
City of Orange
300 E. Chapman Avenue Exempt from recording fees pursuant to Orange, California, 92866 Gov. Code Sections 6103 and 27383 Property Address: 637 E. Washington Street
APN: 390-431-12
Mills Act Contract Number: 428.0-23

HISTORIC PROPERTY PRESERVATION AGREEMENT
(MILLS ACT CONTRACT)
THIS HISTORIC PROPERTY PRESERVATION AGREEMENT (“Agreement”) is made and entered into as of the date of execution by the City (“Effective Date”), by and between the CITY OF ORANGE, a municipal corporation (“City”), and PATRICIA PENNINGTON, as Trustee of the Bryce and Patricia Pennington Trust dated August 16, 2006 (“Owner”), with reference to the following:

RECITALS
WHEREAS, the Mills Act (Government Code Section 50280 et seq.) provides cities with the opportunity to contract with owners of qualified historical properties whereby the owner promises to preserve and rehabilitate the property in return for a potential reduced property tax assessment; and WHEREAS, the City of Orange has established Historic Districts consisting of the Plaza Historic District, listed in the National Register of Historic Places; the Old Towne Orange Historic District, listed in the National Register of Historic Places; the local Old Towne Orange Historic District, designated by the Orange City Council; and the local Eichler Fairhaven, Fairhills, and Fairmeadow Historic Districts, designated by the Orange City Council; and WHEREAS the City desires to promote the character, quality of life, and historic features of said Districts for its residents and visitors; and
WHEREAS, the City is dedicated to the protection and stabilization of property values by maintaining and upgrading its older housing stock, through the use of incentives such as the Mills Act; and
WHEREAS, the Mills Act also has beneficial effects on City businesses, economic stability and community pride by preserving important neighborhood historic resources; and WHEREAS, the use of the Mills Act will fulfill one of the goals of the City’s 2010 General Plan Cultural Resources Element; specifically,
385
2 “Provide incentives and expand education efforts for historic preservation” (Goal 3.0, CR22); and WHEREAS, Owner possesses fee simple title in and to that certain real property, together with associated structures and improvements thereon, located at 637 E. Washington Avenue in the City of Orange, County of Orange, State of California, having Assessor’s Parcel Number 390-421-12 and more specifically described in Exhibit A, which exhibit is attached hereto and made a part hereof (“Historic Property); and
WHEREAS, the Historic Property is a qualified historical property under the Mills Act in that it is privately owned property which is not exempt from property taxation and is either: individually designated or is a contributing property within a designated district which is listed in the National Register of Historic Places, California Register of Historical Resources or Register of Historical Landmarks, California Points of Historical Interest, or is a contributing property in a locally designated historic district; 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 property taxes pursuant to the provisions of the California Revenue and Taxation Code; and WHEREAS, it is the City’s expectation that the Owner will use the property tax savings accrued under this Agreement for improvements (as defined below). to the “Historic Property” To that end, as a condition of renewal, the City will require a revised schedule of improvements every ten years showing a plan for improvements commensurate with the tax savings; and WHEREAS, the City and 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 historic significance are preserved and maintained in an exemplary manner, and to carry out the purposes of Article 12 (commencing with Section 50280) of Chapter 1, Part 1, Division 1 of Title 5 of the California Government Code and Article 1.9 (commencing with Section 439) of Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code.

1. APPLICABLE LAWS. This Agreement is made pursuant to California Government Code Sections 50280 through 50290 and Article 1.9 (commencing with Section 439) of Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code and is subject to all of the provisions of those statutes. To the extent any of the provisions in this Agreement are inconsistent with the aforementioned provisions of the Government and Revenue and Taxation Codes, they are superseded by those Code Sections.
386
3 2. ASSESSMENT OF VALUATION. Property tax relief afforded to Owner pursuant to Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code will be determined solely by the Orange County Office of the Assessor. City makes no representations regarding the actual tax savings any person may realize by entering into this Agreement.

Owner shall, where necessary, rehabilitate the Historic Property to conform to the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, the Secretary of the Interior's Standards for Rehabilitation, the California Historical Building Code, and the City of Orange’s Historic Preservation Design Standards for Old Towne and Eichler Design Standards.

4. INSPECTIONS AND ANNUAL REPORTING. Owner agrees to permit the examination, by prior appointment, of the interior and exterior of the Historic Property by the City at a minimum every five (5) years during the Agreement term to determine Owner's compliance with the terms and provisions of this Agreement. Owner agrees to provide the City with a report as to the status 387
4 of the Historic Property annually within thirty (30) days following each anniversary of the Effective Date of this Agreement. The annual report shall provide substantiation reasonably satisfactory to the City’s Historic Preservation Planner or in his/her absence the Director of Community Development that Owner has completed the work required by Exhibit D for the twelve month period preceding each anniversary of this Agreement, and whether the Historic Property has undergone any changed conditions, and whether Owner has received any public funds from other sources designated for the preservation or maintenance of the Historic Property and from whom such funds have been received.

6. TERM. The term of this Agreement is for a period of ten (10) years. The initial term of this Agreement shall be from November 14, 2023 to and including November 14, 2033.

10. EFFECT OF NOTICE NOT TO RENEW. If in any year either party serves written notice of nonrenewal of this Agreement, this Agreement shall remain in effect for the balance of the period 388
5 remaining since the original execution date if not yet renewed, or the last renewal date of the Agreement, as the case may be.

12. DAMAGE. Should the Historic Property incur damage from any cause whatsoever, which damages fifty percent (50%) or less of the Historic Property, Owner shall replace and repair the damaged area(s) of the Historic Property. For repairs that do not require a permit, Owner shall commence the repair work within thirty (30) days of incurring the damage and shall diligently prosecute the repair to completion within a reasonable period of time, as determined by the City.

Where specialized services are required due to the nature of the work and the historic character of the features damaged, “commence the repair work” within the meaning of this paragraph may include contracting for repair services. For repairs that require a permit(s), Owner shall proceed diligently in applying for any necessary permits for the work and shall apply for such permits not less than sixty (60) days after the damage has been incurred, commence the repair work within one hundred twenty (120) days of receipt of the required permit(s), and shall diligently prosecute the repair to completion within a reasonable period of time, as determined by the City. Upon written request by the Owner, the Zoning Administrator, at his or her discretion, may grant an extension of the time periods set forth in this paragraph. Owner may apply for an extension by a letter to the Zoning Administrator, and the Zoning Administrator may grant the extension by letter without a hearing. All repair work shall comply with the design and standards established for the Historic Property in Exhibits A and B attached hereto and Paragraph 3 herein. In the case of damage to twenty percent (20%) or more of the Historic Property due to a catastrophic event, such as an earthquake, or in the case of damage from any cause whatsoever that destroys more than fifty percent (50%) of the Historic Property, the City and Owner may mutually agree to terminate this Agreement. Upon such termination, Owner shall not be obligated to pay the cancellation fee set forth in Paragraph 15 of this Agreement. Upon such termination, the City shall assess the full value of the Historic Property without regard to any restriction imposed upon 389
6 the Historic Property by this Agreement and Owner shall pay property taxes to the City based upon the valuation of the Historic Property as of the date of termination.

16. NOTICE OF CANCELLATION. This Agreement cannot be canceled until after City has given notice and has held a public hearing as required by Government Code Section 50285. Notice of 390
7 the hearing shall be mailed to the last known address of each owner of property within 300 feet of the Historic Property and shall be published in accordance with Government Code Section 6061.

City of Orange
Attn.: City Clerk
Patricia Pennington
300 E. Chapman Avenue 637 E. Washington Avenue
Orange, CA 92866 Orange, CA 92866

22. ACQUISITION OF PROPERTY BY EMINENT DOMAIN; CANCELLATION OF CONTRACT; INAPPLICABILITY TO DETERMINATION OF VALUE. In the event that the Historic Property is acquired in whole or part by eminent domain or other acquisition by any 391
8 entity authorized to exercise the power of eminent domain, and the acquisition is determined by the City to frustrate the purpose of the Agreement, the Agreement shall be canceled and no fee shall be imposed under Section 16, above. The Agreement shall be deemed null and void for all purposes of determining the value of the Historic Property so acquired.

26. INSURANCE. Owner shall secure adequate property insurance to meet Owner’s' obligations under this Agreement and shall submit evidence of such insurance to the City upon request.

27. INDEMNIFICATION. The Owner shall indemnify, defend, and hold harmless the City and all of its boards, commissions, departments, agencies, agents and employees (individually and collectively, the “Indemnitees”) from and against any and all liabilities, losses, costs, claims, judgments, settlements, damages, liens, fines, penalties and expenses incurred in connection with or arising in whole or in part from: (a) any accident, injury to or death of a person, loss of or damage to property occurring in or about the Historic Property; (b) the use or occupancy of the Historic Property by the Owner, their Agents or Invitees; (c) the condition of the Historic Property; or (d) any construction or other work undertaken by Owner on the Historic Property.

This indemnification shall include, without limitation, reasonable fees for attorneys, consultants, 392
9 and experts and related costs that may be incurred by City or Indemnitees and the City’s cost of investigating any claim. In addition to Owner’s obligation to indemnify City or Indemnitees, Owner specifically acknowledges and agrees that they have an immediate and independent obligation to defend City or Indemnitees from any claim that actually or potentially falls within this indemnification provision, even if the allegations are or may be groundless, false, or fraudulent, which obligation arises at the time such claim is tendered to Owner by City or Indemnitees, and continues at all times thereafter. The Owner’s obligations under this Paragraph shall survive termination of this Agreement.

28. RECORDATION. City shall record a copy of this Agreement with the Office of the County Recorder of the County of Orange.

31. ADMINISTRATION. This Agreement shall be administered by the Director of Community Development (or his/her designated representative) following approval of this Agreement by the City. The City shall maintain authority of this Agreement through the Director of Community Development (or his/her authorized representative). The Director of Community 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 Property or the purpose of this Agreement. Such amendments may include extensions of time or amendments to the projects specified in Exhibit D. All other waivers or amendments shall require the written approval and consent of the City Council. [Remainder of page intentionally left blank; signatures on next page] 393
10 IN WITNESS WHEREOF, the City and the Owner have executed this Agreement. “OWNER”
Dated: , 2023
Patricia Pennington
“CITY”
CITY OF ORANGE, a municipal corporation
Dated: , 2023 By:

Daniel R Slater
Mayor
ATTEST: APPROVED AS TO FORM:

Pamela Coleman Melissa Crosthwaite
City Clerk Senior Assistant City Attorney
394
11 ACKNOWLEDGEMENT
State of California
County of ____________
On before me, ,
a Notary Public in and for the State of California, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

LEGAL DESCRIPTION OF HISTORIC PROPERTY

REAL PROPERTY IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS:

LOT 22 BLOCK ‘A’ OF TRACT NO. COASRT’S ADDITION IN THE CITY

OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3 PAGE(S) 24 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY.
[APN 390-421-12]
396
13 EXHIBIT “B”

SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION

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 preserve archeological resources affected by, or adjacent to, any project.

CITY OF ORANGE HISTORIC PROPERTY

1. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows.

2. Publicly visible storage of scrap lumber, junk, trash or debris.

3. Publicly visible storage of abandoned, discarded or unused objects or 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 inappropriate location.
398
15 EXHIBIT “D”

REHABILITATION/MAINTENANCE SCOPE OF WORK
[Attached.]
399
EXHIBIT “D”

REHABILITATION/MAINTENANCE SCOPE OF WORK
637 E. Washington
Priority Description of Work Cost Estimate Completion Date

1. Restore and repair original historic
hardwood floors throughout the house $9,575.00 2023

2. Seismic retrofitting of foundation of house $12,000.00 2024

3. Replace garage door with a historically
appropriate door in conformance with the
Historic Preservation Design Standards.

Consult wit Historic Preservation Planner for
selection of door style.
$9,000.00 2025

4. Repair wood studs in garage. Replace bottom
sill plate. $3,000.00 2025

5. Restore window at the south façade of the
garage to its original size and integrity and
replace with double hung wood window.

Replace jalousie window at north façade of
garage with wood window in conformance
with the Historic Preservation Design
Standards.
$5,376.46 2026

6. Replace current outdated electrical wiring
with new building code compliant electrical
system throughout the residence.
$20,000.00 2027

7. Restore and repair original hardwood floors $6,000 2028

8. Re-roof primary residence and garage.

Repair/replace damaged/missing clay tiles
over porch entry.
$13,815.00 2029

9. Install appropriate rain gutters on historic
carriage house to mitigate issues caused by
water damage.
$500.00 2029

10. Drainage control and improvements to
navigate water away from structures. Install
French drain to correct backwards drainage
that is causing pooling of water in courtyard
near residence and garage.
$4,000.00 2030

11. Replace screen doors with historically
appropriate screen doors per the Historic
Preservation Design Standards.
$2,500 2031

12. Repaint home and repair stucco as needed. $10,000.00 2030 TOTAL $95,766.46
400
16 EXHIBIT “E”
HISTORIC PROPERTY INVENTORY FORM (DPR 523)
[Attached.]
401
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

PRIMARY RECORD

Page 1 ends

*b. USGS 7.5' Quad: Date: T R 1/4 of 1/4 of Sec B.M.
d. UTM: mE/ mN
e. Other Locational Data:

P1. Other Identifier:
*P2. Location:
c. Address: 637 Zip: 92866
(Give more than one for large and/or linear resources)
(Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boudnaries. Continues on Pg.3.) ; ; ;
Zone '
and (P2b and P2c or P2d. Attach a location map as necessary.) - E WASHINGTON City: Orange
*P3a. Description:
*P3b. Resource Attributes:
(List attributes and codes)
Reconnaissance
(Describe)
(Cite survey report and other sources, or enter "none.") *Attachments: Continuation Sheet(s) Building, Structure, and Object Record (Name, affiliation, and address)
(View, date, accession #)
*P6. Date Constructed/ Age and Source:

D. Gest, P. LaValley, D.

Matsumoto
*P7. Owner and Address:
*P8: Recorded by:
*P10. Survey Type:
*P11. Report Citation:

DPR 523A (1/95) *Required Information
*Resource Name or #: WASHINGTON_E_637__APN_390-431-12
(Assigned by Recorder)
*P9. Date Recorded:

April, 2005
1935
Primary # 30-159256
HRI # 038622
Date:

NRHP Status Code 1D
Trinomial ORA
Other Listings:

Review Code: Reviewer:
(HP2)--Single family property
*a. County: Orange
P5b. Description of Photo:

Materials: Frame - Stucco or plaster
AVE
Chattel Architecture
13417 Ventura Blvd.

Sherman Oaks, CA 91423
Historic Prehistoric Both

A low-to-the-ground, single story, stucco bungalow with box plan and flat roof. The house is otherwise simple and unembellished except for the gabled entry portico, large arched opening and tile hood. ,#
2005
Orange County Assessor Records (2005). Chattel Architecture (2005) Historic Resources Survey. AEGIS (1991) Historic Building Inventory Update. Heritage Orange County, Inc. (1982) Orange Historic Survey. 402
B1. Historic Name: Unknown
B3. Original Use: RES B4. Present Use: RES
*B5. Architectural Style: Mediterranean Revival
*B6. Construction History: (Construction date, atlerations, and date of alterations) Date of Construction: 1935 *B9. Architect or Builder: Unknown
Period of Significance: Old Towne: Interwar Development (c. 1921 - 1941) *B10. Significance: Property Type: Residence
(Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity. Continues on Pg.4.) *B8. Related Features:
*B7. Moved? Date: Original Location:

Theme: Architecture Area: City of Orange
Structural Integrity: Excellent Condition - No apparent change to original structure. (List attributes and codes)
*Date of Evaluation: September, 2005
B11. Additional Resource Attributes:
(This space reserved for official comments.)
*B14. Evaluator: Robert Chattel
B13. Remarks:

State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

BUILDING, STRUCTURE, AND OBJECT RECORD
*B12. References:
*NRHP Status Code 1D
Primary # 30-159256
HRI # 038622
No Yes Unknown

Page 2 of 3 ends

(Assigned by Recorder)
Historic Prehistoric Both
B2. Common Name:

Applicable Criteria: AC
Orange Daily News.
(Sketch Map with North arrow required.)
DPR 523B (1/95) *Required Information
Opportunities:

Status change since 1991 Survey: None.

Site Integrity:
(Continues on Pg.3.)
403
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Description of Photo:

Primary # 30-159256
HRI # 038622
Trinomial ORA
Recorded by:

Date Recorded: April, 2005
P3a. Description (Continued from Pg.1):

DPR 523L (11/98) *Required Information
Continuation Update

Page 3 of 3 ends

B6. Construction History (Continued from Pg.2):

Lot Acre: 0.1778
Principal Building Sqft: 1303
Planning Zone: R-2-6 # of Stories: 1
Years Surveyed: 1982, 1991, 2005
General Plan: LDR
# of Units: 1
B13. Remarks (Continued from Pg.2):
1991
D. Gest, P. LaValley, D. Matsumoto
Chattel Architecture
13417 Ventura Blvd.

Sherman Oaks, CA 91423
*Resource Name or #: WASHINGTON_E_637__APN_390-431-12
(Assigned by Recorder)
Listed in National Register: 1997
# of Buildings: 1

404
405
1 RECORDING REQUESTED BY

AND, WHEN RECORDED,
MAIL TO:

City Clerk
City of Orange
300 E. Chapman Avenue Exempt from recording fees pursuant to Orange, California, 92866 Gov. Code Sections 6103 and 27383 Property Address: 338 S. Parker Street
APN: 041-132-19
Mills Act Contract Number: 429.0-23

HISTORIC PROPERTY PRESERVATION AGREEMENT
(MILLS ACT CONTRACT)
THIS HISTORIC PROPERTY PRESERVATION AGREEMENT (“Agreement”) is made and entered into as of the date of execution by the City (“Effective Date”), by and between the CITY OF ORANGE, a municipal corporation (“City”), and NICHOLAS M CARVER and SHELBY CARVER, husband and wife as joint tenants (“Owner”), with reference to the following:

RECITALS
WHEREAS, the Mills Act (Government Code Section 50280 et seq.) provides cities with the opportunity to contract with owners of qualified historical properties whereby the owner promises to preserve and rehabilitate the property in return for a potential reduced property tax assessment; and WHEREAS, the City of Orange has established Historic Districts consisting of the Plaza Historic District, listed in the National Register of Historic Places; the Old Towne Orange Historic District, listed in the National Register of Historic Places; the local Old Towne Orange Historic District, designated by the Orange City Council; and the local Eichler Fairhaven, Fairhills, and Fairmeadow Historic Districts, designated by the Orange City Council; and WHEREAS the City desires to promote the character, quality of life, and historic features of said Districts for its residents and visitors; and
WHEREAS, the City is dedicated to the protection and stabilization of property values by maintaining and upgrading its older housing stock, through the use of incentives such as the Mills Act; and
WHEREAS, the Mills Act also has beneficial effects on City businesses, economic stability and community pride by preserving important neighborhood historic resources; and WHEREAS, the use of the Mills Act will fulfill one of the goals of the City’s 2010 General Plan Cultural Resources Element; specifically,
406
2 “Provide incentives and expand education efforts for historic preservation” (Goal 3.0, CR22); and WHEREAS, Owner possesses fee simple title in and to that certain real property, together with associated structures and improvements thereon, located at 338 S. PARKER STREET in the City of Orange, County of Orange, State of California, having Assessor’s Parcel Number 041-132-19 and more specifically described in Exhibit A, which exhibit is attached hereto and made a part hereof (“Historic Property); and
WHEREAS, the Historic Property is a qualified historical property under the Mills Act in that it is privately owned property which is not exempt from property taxation and is either: individually designated or is a contributing property within a designated district which is listed in the National Register of Historic Places, California Register of Historical Resources or Register of Historical Landmarks, California Points of Historical Interest, or is a contributing property in a locally designated historic district; 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 property taxes pursuant to the provisions of the California Revenue and Taxation Code; and WHEREAS, it is the City’s expectation that the Owner will use the property tax savings accrued under this Agreement for improvements (as defined below). to the “Historic Property” To that end, as a condition of renewal, the City will require a revised schedule of improvements every ten years showing a plan for improvements commensurate with the tax savings; and WHEREAS, the City and 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 historic significance are preserved and maintained in an exemplary manner, and to carry out the purposes of Article 12 (commencing with Section 50280) of Chapter 1, Part 1, Division 1 of Title 5 of the California Government Code and Article 1.9 (commencing with Section 439) of Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code.

1. APPLICABLE LAWS. This Agreement is made pursuant to California Government Code Sections 50280 through 50290 and Article 1.9 (commencing with Section 439) of Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code and is subject to all of the provisions of those statutes. To the extent any of the provisions in this Agreement are inconsistent with the aforementioned provisions of the Government and Revenue and Taxation Codes, they are superseded by those Code Sections.
407
3 2. ASSESSMENT OF VALUATION. Property tax relief afforded to Owner pursuant to Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code will be determined solely by the Orange County Office of the Assessor. City makes no representations regarding the actual tax savings any person may realize by entering into this Agreement.

4. INSPECTIONS AND ANNUAL REPORTING. Owner agrees to permit the examination, by prior appointment, of the interior and exterior of the Historic Property by the City at a minimum every five (5) years during the Agreement term to determine Owner's compliance with the terms and provisions of this Agreement. Owner agrees to provide the City with a report as to the status 408
4 of the Historic Property annually within thirty (30) days following each anniversary of the Effective Date of this Agreement. The annual report shall provide substantiation reasonably satisfactory to the City’s Historic Preservation Planner or in his/her absence the Director of Community Development that Owner has completed the work required by Exhibit D for the twelve month period preceding each anniversary of this Agreement, and whether the Historic Property has undergone any changed conditions, and whether Owner has received any public funds from other sources designated for the preservation or maintenance of the Historic Property and from whom such funds have been received.

6. TERM. The term of this Agreement is for a period of ten (10) years. The initial term of this Agreement shall be from November 14, 2023 to and including November 14, 2033.

10. EFFECT OF NOTICE NOT TO RENEW. If in any year either party serves written notice of nonrenewal of this Agreement, this Agreement shall remain in effect for the balance of the period 409
5 remaining since the original execution date if not yet renewed, or the last renewal date of the Agreement, as the case may be.

Where specialized services are required due to the nature of the work and the historic character of the features damaged, “commence the repair work” within the meaning of this paragraph may include contracting for repair services. For repairs that require a permit(s), Owner shall proceed diligently in applying for any necessary permits for the work and shall apply for such permits not less than sixty (60) days after the damage has been incurred, commence the repair work within one hundred twenty (120) days of receipt of the required permit(s), and shall diligently prosecute the repair to completion within a reasonable period of time, as determined by the City. Upon written request by the Owner, the Zoning Administrator, at his or her discretion, may grant an extension of the time periods set forth in this paragraph. Owner may apply for an extension by a letter to the Zoning Administrator, and the Zoning Administrator may grant the extension by letter without a hearing. All repair work shall comply with the design and standards established for the Historic Property in Exhibits A and B attached hereto and Paragraph 3 herein. In the case of damage to twenty percent (20%) or more of the Historic Property due to a catastrophic event, such as an earthquake, or in the case of damage from any cause whatsoever that destroys more than fifty percent (50%) of the Historic Property, the City and Owner may mutually agree to terminate this Agreement. Upon such termination, Owner shall not be obligated to pay the cancellation fee set forth in Paragraph 15 of this Agreement. Upon such termination, the City shall assess the full value of the Historic Property without regard to any restriction imposed upon 410
6 the Historic Property by this Agreement and Owner shall pay property taxes to the City based upon the valuation of the Historic Property as of the date of termination.

16. NOTICE OF CANCELLATION. This Agreement cannot be canceled until after City has given notice and has held a public hearing as required by Government Code Section 50285. Notice of 411
7 the hearing shall be mailed to the last known address of each owner of property within 300 feet of the Historic Property and shall be published in accordance with Government Code Section 6061.

City of Orange
Attn.: City Clerk
Nicholas M. and Shelby Carver
300 E. Chapman Avenue 338 S. Parker Street
Orange, CA 92866 Orange, CA 92868

22. ACQUISITION OF PROPERTY BY EMINENT DOMAIN; CANCELLATION OF CONTRACT; INAPPLICABILITY TO DETERMINATION OF VALUE. In the event that the Historic Property is acquired in whole or part by eminent domain or other acquisition by any 412
8 entity authorized to exercise the power of eminent domain, and the acquisition is determined by the City to frustrate the purpose of the Agreement, the Agreement shall be canceled and no fee shall be imposed under Section 16, above. The Agreement shall be deemed null and void for all purposes of determining the value of the Historic Property so acquired.

26. INSURANCE. Owner shall secure adequate property insurance to meet Owner’s' obligations under this Agreement and shall submit evidence of such insurance to the City upon request.

27. INDEMNIFICATION. The Owner shall indemnify, defend, and hold harmless the City and all of its boards, commissions, departments, agencies, agents and employees (individually and collectively, the “Indemnitees”) from and against any and all liabilities, losses, costs, claims, judgments, settlements, damages, liens, fines, penalties and expenses incurred in connection with or arising in whole or in part from: (a) any accident, injury to or death of a person, loss of or damage to property occurring in or about the Historic Property; (b) the use or occupancy of the Historic Property by the Owner, their Agents or Invitees; (c) the condition of the Historic Property; or (d) any construction or other work undertaken by Owner on the Historic Property.

This indemnification shall include, without limitation, reasonable fees for attorneys, consultants, 413
9 and experts and related costs that may be incurred by City or Indemnitees and the City’s cost of investigating any claim. In addition to Owner’s obligation to indemnify City or Indemnitees, Owner specifically acknowledges and agrees that they have an immediate and independent obligation to defend City or Indemnitees from any claim that actually or potentially falls within this indemnification provision, even if the allegations are or may be groundless, false, or fraudulent, which obligation arises at the time such claim is tendered to Owner by City or Indemnitees, and continues at all times thereafter. The Owner’s obligations under this Paragraph shall survive termination of this Agreement.

28. RECORDATION. City shall record a copy of this Agreement with the Office of the County Recorder of the County of Orange.

31. ADMINISTRATION. This Agreement shall be administered by the Director of Community Development (or his/her designated representative) following approval of this Agreement by the City. The City shall maintain authority of this Agreement through the Director of Community Development (or his/her authorized representative). The Director of Community 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 Property or the purpose of this Agreement. Such amendments may include extensions of time or amendments to the projects specified in Exhibit D. All other waivers or amendments shall require the written approval and consent of the City Council. [Remainder of page intentionally left blank; signatures on next page] 414
10 IN WITNESS WHEREOF, the City and the Owner have executed this Agreement. “OWNER”
Dated: , 2023
Nicholas M. Carver
Dated: , 2023
Shelby Carver
“CITY”
CITY OF ORANGE, a municipal corporation
Dated: , 2023 By:

Daniel R Slater
Mayor
ATTEST: APPROVED AS TO FORM:

Pamela Coleman Melissa Crosthwaite
City Clerk Senior Assistant City Attorney
415
11 ACKNOWLEDGEMENT
State of California
County of ____________
On before me, ,
a Notary Public in and for the State of California, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

LEGAL DESCRIPTION OF HISTORIC PROPERTY

REAL PROPERTY IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS:

Lot 10 of Tract No. 622, in the City of Orange, County of Orange, State of California, as Per Map recorded in Book 19, page 22 of Miscellaneous Maps, in the Office of the County Recorder of said County.
[APN 041-132-19]
417
13 EXHIBIT “B”

SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION

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 preserve archeological resources affected by, or adjacent to, any project.

CITY OF ORANGE HISTORIC PROPERTY

1. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows.

2. Publicly visible storage of scrap lumber, junk, trash or debris.

3. Publicly visible storage of abandoned, discarded or unused objects or 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 inappropriate location.
419
15 EXHIBIT “D”

REHABILITATION/MAINTENANCE SCOPE OF WORK
[Attached.]
420
EXHIBIT “D”

REHABILITATION/MAINTENANCE SCOPE OF WORK
338 S. Parker Street
Priority Description of Work Cost Estimate Completion Date

1. Installation of French drains and repave
concrete driveway to remedy flooding and
improve water flow away from property
foundation.
$15,500.00 2023

2. Repipe entire house. $6,000.00 2024

3. Electrical panel and grounding upgrade to
bring up to current code.
$1,500.00 2024

4. Repair wood posts, framing, and sagging
roof at garage. Seismic retrofitting of house,
garage, and historic carriage house
$12,000.00 2025

5. Restore and repair original wood siding and
trim as needed.
$2,500.00 2026

6. Exterior painting of home. $5,000.00 2026

7. Repair foundational joists, reinforce and
repair subfloor, as needed.
$5,500.00 2027

8. Restore and repair historic wood windows.

Remove multiple layers of paint and restore
to original integrity in conformance with the
Secretary of the Interior’s Standards for
Rehabilitation and the Historic Preservation
Design Standards.
$2,500.00 2028

9. Reroof with new fiberglass asphalt shingles. $13,000.00 2030

10. Repair and maintain front porch columns in
conformance with the Secretary of the
Interior’s Standards for Rehabilitation and
the Historic Preservation Design Standards.
$4,500.00 2031

11. Replace vinyl window on historic carriage
house with historically appropriate wood
window in conformance with the Historic
Preservation Design Standards.
$1,000.00 2033
TOTAL $69,000
421
16 EXHIBIT “E”
HISTORIC PROPERTY INVENTORY FORM (DPR 523)
[Attached.]
422
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

PRIMARY RECORD

Page 1 ends

*b. USGS 7.5' Quad: Date: T R 1/4 of 1/4 of Sec B.M.
d. UTM: mE/ mN
e. Other Locational Data:

P1. Other Identifier:
*P2. Location:
c. Address: 338 Zip: 92868
(Give more than one for large and/or linear resources)
(Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boudnaries. Continues on Pg.3.) ; ; ;
Zone '
and (P2b and P2c or P2d. Attach a location map as necessary.) - S PARKER City: Orange
*P3a. Description:
*P3b. Resource Attributes:
(List attributes and codes)
Reconnaissance
(Describe)
(Cite survey report and other sources, or enter "none.") *Attachments: Continuation Sheet(s) Building, Structure, and Object Record (Name, affiliation, and address)
(View, date, accession #)
*P6. Date Constructed/ Age and Source:

D. Gest, P. LaValley, D.

Matsumoto
*P7. Owner and Address:
*P8: Recorded by:
*P10. Survey Type:
*P11. Report Citation:

DPR 523A (1/95) *Required Information
*Resource Name or #: PARKER_S_338__APN_041-132-19
(Assigned by Recorder)
*P9. Date Recorded:

April, 2005
1924
Primary # 30-158862
HRI # 038228
Date:

NRHP Status Code 1D
Trinomial ORA
Other Listings:

Review Code: Reviewer:
(HP2)--Single family property
*a. County: Orange
P5b. Description of Photo:

Materials: Frame - Wood siding
ST
Chattel Architecture
13417 Ventura Blvd.

Sherman Oaks, CA 91423
Historic Prehistoric Both

Single-story clapboard bungalow with single, front-facing gable roof. Smaller roof projection forms entry porch overhang. This is symmetrically placed along the front facade and is supported by tapered piers with brick bases. Ornamental purlins grace the eaves.
,#
2005
Orange County Assessor Records (2005). Chattel Architecture (2005) Historic Resources Survey. AEGIS (1991) Historic Building Inventory Update. Heritage Orange County, Inc. (1982) Orange Historic Survey. 423
B1. Historic Name: Unknown
B3. Original Use: RES B4. Present Use: RES
*B5. Architectural Style: Bungalow
*B6. Construction History: (Construction date, atlerations, and date of alterations) Date of Construction: 1924 *B9. Architect or Builder: Unknown
Period of Significance: Old Towne: Interwar Development (c. 1921 - 1941) *B10. Significance: Property Type: Residence
(Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity. Continues on Pg.4.) *B8. Related Features:
*B7. Moved? Date: Original Location:

State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

BUILDING, STRUCTURE, AND OBJECT RECORD
*B12. References:
*NRHP Status Code 1D
Primary # 30-158862
HRI # 038228
No Yes Unknown

Page 2 of 3 ends

(Assigned by Recorder)
Historic Prehistoric Both
B2. Common Name:

Applicable Criteria: AC
Orange Daily News.
(Sketch Map with North arrow required.)
DPR 523B (1/95) *Required Information
Opportunities:

Status change since 1991 Survey: None.

Site Integrity:
(Continues on Pg.3.)
424
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Description of Photo:

Primary # 30-158862
HRI # 038228
Trinomial ORA
Recorded by:

Date Recorded: April, 2005
P3a. Description (Continued from Pg.1):

DPR 523L (11/98) *Required Information
Continuation Update

Page 3 of 3 ends

B6. Construction History (Continued from Pg.2):

Lot Acre: 0.1506
Principal Building Sqft: 842
Planning Zone: R-2-6 # of Stories: 1
Years Surveyed: 1982, 1991, 2005
General Plan: LDR
# of Units: 1
B13. Remarks (Continued from Pg.2):
1991
D. Gest, P. LaValley, D. Matsumoto
Chattel Architecture
13417 Ventura Blvd.

Sherman Oaks, CA 91423
*Resource Name or #: PARKER_S_338__APN_041-132-19
(Assigned by Recorder)
Listed in National Register: 1997
# of Buildings: 1

425
426
1 RECORDING REQUESTED BY

AND, WHEN RECORDED,
MAIL TO:

City Clerk
City of Orange
300 E. Chapman Avenue Exempt from recording fees pursuant to Orange, California, 92866 Gov. Code Sections 6103 and 27383 Property Address: 5122 E. Elsinore
APN: 379-022-15
Mills Act Contract Number: 430.0-23

HISTORIC PROPERTY PRESERVATION AGREEMENT
(MILLS ACT CONTRACT)
THIS HISTORIC PROPERTY PRESERVATION AGREEMENT (“Agreement”) is made and entered into as of the date of execution by the City (“Effective Date”), by and between the CITY OF ORANGE, a municipal corporation (“City”), and MARK G. PAQUIN and KRISTINA A. PAQUIN, husband and wife, as community property with right of survivorship (“Owner”), with reference to the following:

RECITALS
WHEREAS, the Mills Act (Government Code Section 50280 et seq.) provides cities with the opportunity to contract with owners of qualified historical properties whereby the owner promises to preserve and rehabilitate the property in return for a potential reduced property tax assessment; and WHEREAS, the City of Orange has established Historic Districts consisting of the Plaza Historic District, listed in the National Register of Historic Places; the Old Towne Orange Historic District, listed in the National Register of Historic Places; the local Old Towne Orange Historic District, designated by the Orange City Council; and the local Eichler Fairhaven, Fairhills, and Fairmeadow Historic Districts, designated by the Orange City Council; and WHEREAS the City desires to promote the character, quality of life, and historic features of said Districts for its residents and visitors; and
WHEREAS, the City is dedicated to the protection and stabilization of property values by maintaining and upgrading its older housing stock, through the use of incentives such as the Mills Act; and
WHEREAS, the Mills Act also has beneficial effects on City businesses, economic stability and community pride by preserving important neighborhood historic resources; and 427
2 WHEREAS, the use of the Mills Act will fulfill one of the goals of the City’s 2010 General Plan Cultural Resources Element; specifically,
“Provide incentives and expand education efforts for historic preservation” (Goal 3.0, CR22); and WHEREAS, Owner possesses fee simple title in and to that certain real property, together with associated structures and improvements thereon, located at 5122 E. Elsinore Avenue in the City of Orange, County of Orange, State of California, having Assessor’s Parcel Number 379-022-15 and more specifically described in Exhibit A, which exhibit is attached hereto and made a part hereof (“Historic Property); and
WHEREAS, the Historic Property is a qualified historical property under the Mills Act in that it is privately owned property which is not exempt from property taxation and is either: individually designated or is a contributing property within a designated district which is listed in the National Register of Historic Places, California Register of Historical Resources or Register of Historical Landmarks, California Points of Historical Interest, or is a contributing property in a locally designated historic district; 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 property taxes pursuant to the provisions of the California Revenue and Taxation Code; and WHEREAS, it is the City’s expectation that the Owner will use the property tax savings accrued under this Agreement for improvements (as defined below). to the “Historic Property” To that end, as a condition of renewal, the City will require a revised schedule of improvements every ten years showing a plan for improvements commensurate with the tax savings; and WHEREAS, the City and 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 historic significance are preserved and maintained in an exemplary manner, and to carry out the purposes of Article 12 (commencing with Section 50280) of Chapter 1, Part 1, Division 1 of Title 5 of the California Government Code and Article 1.9 (commencing with Section 439) of Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code.

4. INSPECTIONS AND ANNUAL REPORTING. Owner agrees to permit the examination, by prior appointment, of the interior and exterior of the Historic Property by the City at a minimum 429
4 every five (5) years during the Agreement term to determine Owner's compliance with the terms and provisions of this Agreement. Owner agrees to provide the City with a report as to the status of the Historic Property annually within thirty (30) days following each anniversary of the Effective Date of this Agreement. The annual report shall provide substantiation reasonably satisfactory to the City’s Historic Preservation Planner or in his/her absence the Director of Community Development that Owner has completed the work required by Exhibit D for the twelve month period preceding each anniversary of this Agreement, and whether the Historic Property has undergone any changed conditions, and whether Owner has received any public funds from other sources designated for the preservation or maintenance of the Historic Property and from whom such funds have been received.

6. TERM. The term of this Agreement is for a period of ten (10) years. The initial term of this Agreement shall be from November 14, 2023 to and including November 14, 2033.

9. NOTICE OF NONRENEWAL. If in any year either the Owner or City desires not to renew this Agreement, that party shall serve written notice of nonrenewal to the other party in advance of the annual renewal date. Unless the notice is served by Owner 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 prior to the expiration of the renewal date of this Agreement or toll the renewal date until such hearing can reasonably held. Owner may furnish the City Council with any information which the Owner deems relevant, and shall furnish the City Council with any information it may require. At any time prior to the renewal date, City may withdraw its notice of nonrenewal.
430
5 10. EFFECT OF NOTICE NOT TO RENEW. If in any year either party serves written notice of nonrenewal of this Agreement, this Agreement shall remain in effect for the balance of the period remaining since the original execution date if not yet renewed, or the last renewal date of the Agreement, as the case may be.

Where specialized services are required due to the nature of the work and the historic character of the features damaged, “commence the repair work” within the meaning of this paragraph may include contracting for repair services. For repairs that require a permit(s), Owner shall proceed diligently in applying for any necessary permits for the work and shall apply for such permits not less than sixty (60) days after the damage has been incurred, commence the repair work within one hundred twenty (120) days of receipt of the required permit(s), and shall diligently prosecute the repair to completion within a reasonable period of time, as determined by the City. Upon written request by the Owner, the Zoning Administrator, at his or her discretion, may grant an extension of the time periods set forth in this paragraph. Owner may apply for an extension by a letter to the Zoning Administrator, and the Zoning Administrator may grant the extension by letter without a hearing. All repair work shall comply with the design and standards established for the Historic Property in Exhibits A and B attached hereto and Paragraph 3 herein. In the case of damage to twenty percent (20%) or more of the Historic Property due to a catastrophic event, such as an earthquake, or in the case of damage from any cause whatsoever that destroys more than fifty percent (50%) of the Historic Property, the City and Owner may mutually agree to terminate this Agreement. Upon such termination, Owner shall not be obligated to pay the 431
6 cancellation fee set forth in Paragraph 15 of this Agreement. Upon such termination, the City shall assess the full value of the Historic Property without regard to any restriction imposed upon the Historic Property by this Agreement and Owner shall pay property taxes to the City based upon the valuation of the Historic Property as of the date of termination.

15. CANCELLATION. In lieu of bringing an action to enforce the Agreement, City may cancel this Agreement if City determines Owner has breached any of the conditions or covenants of this Agreement or has allowed the Historic Property to deteriorate to the point that it no longer meets the standards for a qualified historical property. City may also cancel this Agreement if it determines Owner has failed to rehabilitate the Historic Property in the manner specified in this Agreement.
432
7 16. NOTICE OF CANCELLATION. This Agreement cannot be canceled until after City has given notice and has held a public hearing as required by Government Code Section 50285. Notice of the hearing shall be mailed to the last known address of each owner of property within 300 feet of the Historic Property and shall be published in accordance with Government Code Section 6061.

City of Orange
Attn.: City Clerk
Mark and Kristina Paquin
300 E. Chapman Avenue 5122 E. Elsinore Avenue
Orange, CA 92866 Orange, CA 92869

21. REMEDY IF AGREEMENT HELD NOT ENFORCEABLE. In the event it is finally determined this Agreement does not constitute an enforceable restriction within the meaning of the applicable provisions of the California Government Code and the California Revenue and Taxation Code, except for an unenforceability arising from the cancellation or nonrenewal of this Agreement, then this Agreement shall be null and void and without further effect and the Historic Property subject to 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. 433
8 22. ACQUISITION OF PROPERTY BY EMINENT DOMAIN; CANCELLATION OF CONTRACT; INAPPLICABILITY TO DETERMINATION OF VALUE. In the event that the Historic Property is acquired in whole or part by eminent domain or other acquisition by any entity authorized to exercise the power of eminent domain, and the acquisition is determined by the City to frustrate the purpose of the Agreement, the Agreement shall be canceled and no fee shall be imposed under Section 16, above. The Agreement shall be deemed null and void for all purposes of determining the value of the Historic Property so acquired.

26. INSURANCE. Owner shall secure adequate property insurance to meet Owner’s' obligations under this Agreement and shall submit evidence of such insurance to the City upon request.

27. INDEMNIFICATION. The Owner shall indemnify, defend, and hold harmless the City and all of its boards, commissions, departments, agencies, agents and employees (individually and collectively, the “Indemnitees”) from and against any and all liabilities, losses, costs, claims, judgments, settlements, damages, liens, fines, penalties and expenses incurred in connection with or arising in whole or in part from: (a) any accident, injury to or death of a person, loss of or damage to property occurring in or about the Historic Property; (b) the use or occupancy of the 434
9 Historic Property by the Owner, their Agents or Invitees; (c) the condition of the Historic Property; or (d) any construction or other work undertaken by Owner on the Historic Property.

28. RECORDATION. City shall record a copy of this Agreement with the Office of the County Recorder of the County of Orange.

31. ADMINISTRATION. This Agreement shall be administered by the Director of Community Development (or his/her designated representative) following approval of this Agreement by the City. The City shall maintain authority of this Agreement through the Director of Community Development (or his/her authorized representative). The Director of Community 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 Property or the purpose of this Agreement. Such amendments may include extensions of time or amendments to the projects specified in Exhibit D. All other waivers or amendments shall require the written approval and consent of the City Council. [Remainder of page intentionally left blank; signatures on next page] 435
10 IN WITNESS WHEREOF, the City and the Owner have executed this Agreement. “OWNER”
Dated: , 2023
Mark G. Paquin
Dated: , 2023
Kristina A. Paquin
“CITY”
CITY OF ORANGE, a municipal corporation
Dated: , 2023 By:

Daniel R Slater
Mayor
ATTEST: APPROVED AS TO FORM:

Pamela Coleman Melissa Crosthwaite
City Clerk Senior Assistant City Attorney
436
11 ACKNOWLEDGEMENT
State of California
County of ____________
On before me, ,
a Notary Public in and for the State of California, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

LEGAL DESCRIPTION OF HISTORIC PROPERTY

REAL PROPERTY IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS:

LOT 70 OF TRACT 4733, IN THE CITY OF ORANGE, COUNTY OF

ORANGE, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 177, PAGE(S) 7-10, INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
[APN 379-022-15]
438
13 EXHIBIT “B”

SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION

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 preserve archeological resources affected by, or adjacent to, any project.

CITY OF ORANGE HISTORIC PROPERTY

1. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows.

2. Publicly visible storage of scrap lumber, junk, trash or debris.

3. Publicly visible storage of abandoned, discarded or unused objects or 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 inappropriate location.
440
15 EXHIBIT “D”

REHABILITATION/MAINTENANCE SCOPE OF WORK
[Attached.]
441
EXHIBIT “D”

REHABILITATION/MAINTENANCE SCOPE OF WORK
5122 E. Elsinore Avenue
Priority Description of Work Cost Estimate Completion Date

1. Water pipe insulation $3,500.00 2024

2. Repair existing roof or replace entire roof
based on anticipated condition of the existing
roof system per roof inspection. Install
Eichler appropriate downspouts in
accordance with the Orange Eichler Design
Standards.
$35,000.00 2025

3. Replace water heater. $2,600.00 2024

4. Remove and replace dry rot damaged siding
at rear of property per the Termite inspection
report dated 6/27/2022
$1,000.00 2025

5. Repair deteriorated roof beam in front of the
house from dry rot as recommended in
Termite inspection report dated 6/27/2022.
$1,195.00 2025

6. Restore and repair front door, hardware, and
frame and trims around Mistlite glass
windows. Contact Historic Preservation
Planner at the start of project to assess if
complete replacement is necessary.
$7,000.00 2026

7. Restore Mistlite glass panels at front
entrance in accordance with Orange Eichler
Design Standards.
$2,000.00 2026

8. Regular maintenance and repair of existing
sliding doors and screens.
$2,500.00 2027

9. Install clear tempering UV protection film on
all original single-pane floor to ceiling glass
windows and glass sliders.
$12,000.00 2028

10. Routine maintenance of existing roofing. $5,000.00 2029

11. Repaint of entire house exterior taking into
consideration recommendations noted in
Orange Eichler Design Standards for body
and accent schemes.
$12,000.00 2032

12. Annual termite service, beginning in 2023
through 2033
$4,000.00 2033
TOTAL $87,795
442
16 EXHIBIT “E”
HISTORIC PROPERTY INVENTORY FORM (DPR 523)
[Attached.]
443
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

PRIMARY RECORD

Page 1 ends

Date: T R 1/4 of 1/4 of Sec B.M.
d. UTM: mE/ mN
e. Other Locational Data:

P1. Other Identifier: Fairhills Tract
*P2. Location:
c. Address: 5122 Zip: 92869
(Give more than one for large and/or linear resources)
(Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boudnaries. Continues on Pg.3.) ; ; ;
Zone '
and (P2b and P2c or P2d. Attach a location map as necessary.) - E ELSINORE City: Orange
*P3a. Description:
*P3b. Resource Attributes:
(List attributes and codes)
Reconnaissance
(Describe)
(Cite survey report and other sources, or enter "none.") *Attachments: Continuation Sheet(s) Building, Structure, and Object Record (Name, affiliation, and address)
(View, date, accession #)
*P6. Date Constructed/ Age and Source:

Marissa Moshier, Historic
Preservation Planner
*P7. Owner and Address:
*P8: Recorded by:
*P10. Survey Type:
*P11. Report Citation:

DPR 523A (1/95) *Required Information
*Resource Name or #: ELSINORE_E_5122__APN_379-022-15
(Assigned by Recorder)
*P9. Date Recorded:

June 2015
1962 c
Primary #
HRI #
Date:

NRHP Status Code 3D
Trinomial ORA
Other Listings:

Review Code: Reviewer:
(HP2)--Single family property
*a. County: Orange
P5b. Description of Photo:

Materials:

AVE
City of Orange
300 E. Chapman Ave.

Orange, CA 92866
Historic Prehistoric Both

Model 1744R
,#
2005
Orange County Assessor Records (2005). Chattel Architecture (2005) Historic Resources Survey.
*b. USGS 7.5' Quad:
444
B1. Historic Name: Unknown
B3. Original Use: RES B4. Present Use: RES
*B5. Architectural Style: Mid-Century Modern
*B6. Construction History: (Construction date, atlerations, and date of alterations) Date of Construction: 1962 *B9. Architect or Builder: Eichler Homes - A. Quincy Jones Period of Significance: Eichler Tract (c. 1959 - 1965)
*B10. Significance: Property Type: Residence
(Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity. Continues on Pg.4.) *B8. Related Features:
*B7. Moved? Date: Original Location:

Theme: Architecture Area: City of Orange
Structural Integrity: Good Condition - Low level of alteration as of 2005. (List attributes and codes)
*Date of Evaluation: September 2005
B11. Additional Resource Attributes:
(This space reserved for official comments.)
*B14. Evaluator: Robert Chattel
B13. Remarks:

State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

BUILDING, STRUCTURE, AND OBJECT RECORD
*B12. References:
*NRHP Status Code 3D
Primary #
HRI #
No Yes Unknown

Page 2 of 3 ends

(Assigned by Recorder)
Historic Prehistoric Both
B2. Common Name:

Applicable Criteria: C
Orange Daily News. Eichler Tract Brochures and miscellaneous Eichler materials from the Orange Public Library.
(Sketch Map with North arrow required.)
DPR 523B (1/95) *Required Information
Opportunities
Status change since 1991 Survey: Not previously surveyed.

Site Integrity:
(Continues on Pg.3.)
445
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Primary #
HRI #
Trinomial ORA
Recorded by:

Date Recorded: June 2015
P3a. Description (Continued from Pg.1):

DPR 523L (11/98) *Required Information
Continuation Update

Page 3 of 3 ends

B6. Construction History (Continued from Pg.2):

Lot Acre: 0.1677
Principal Building Sqft: 2566
Planning Zone: R-1-8 # of Stories: 1
Years Surveyed: 2005, 2015
General Plan: LDR
# of Units: 1
B13. Remarks (Continued from Pg.2):

Marissa Moshier, Historic Preservation Planner
City of Orange
300 E. Chapman Ave.

Orange, CA 92866
*Resource Name or #: ELSINORE_E_5122__APN_379-022-15
(Assigned by Recorder)
Listed in National Register:
# of Buildings: 1
Description of Photo:
446
447
1 RECORDING REQUESTED BY

AND, WHEN RECORDED,
MAIL TO:

City Clerk
City of Orange
300 E. Chapman Avenue Exempt from recording fees pursuant to Orange, California, 92866 Gov. Code Sections 6103 and 27383 Property Address: 167 N. Little Main Street
APN: 039-041-03
Mills Act Contract Number: 431.0-23

HISTORIC PROPERTY PRESERVATION AGREEMENT
(MILLS ACT CONTRACT)
THIS HISTORIC PROPERTY PRESERVATION AGREEMENT (“Agreement”) is made and entered into as of the date of execution by the City (“Effective Date”), by and between the CITY OF ORANGE, a municipal corporation (“City”), and MICHAEL J. KNIGHT and JERRICA E. KNIGHT, husband and wife as joint tenants (“Owner”), with reference to the following:

RECITALS
WHEREAS, the Mills Act (Government Code Section 50280 et seq.) provides cities with the opportunity to contract with owners of qualified historical properties whereby the owner promises to preserve and rehabilitate the property in return for a potential reduced property tax assessment; and WHEREAS, the City of Orange has established Historic Districts consisting of the Plaza Historic District, listed in the National Register of Historic Places; the Old Towne Orange Historic District, listed in the National Register of Historic Places; the local Old Towne Orange Historic District, designated by the Orange City Council; and the local Eichler Fairhaven, Fairhills, and Fairmeadow Historic Districts, designated by the Orange City Council; and WHEREAS the City desires to promote the character, quality of life, and historic features of said Districts for its residents and visitors; and
WHEREAS, the City is dedicated to the protection and stabilization of property values by maintaining and upgrading its older housing stock, through the use of incentives such as the Mills Act; and
WHEREAS, the Mills Act also has beneficial effects on City businesses, economic stability and community pride by preserving important neighborhood historic resources; and WHEREAS, the use of the Mills Act will fulfill one of the goals of the City’s 2010 General Plan Cultural Resources Element; specifically,
448
2 “Provide incentives and expand education efforts for historic preservation” (Goal 3.0, CR22); and WHEREAS, Owner possesses fee simple title in and to that certain real property, together with associated structures and improvements thereon, located at 167 N. Little Main Street in the City of Orange, County of Orange, State of California, having Assessor’s Parcel Number 039-041-03 and more specifically described in Exhibit A, which exhibit is attached hereto and made a part hereof (“Historic Property); and
WHEREAS, the Historic Property is a qualified historical property under the Mills Act in that it is privately owned property which is not exempt from property taxation and is either: individually designated or is a contributing property within a designated district which is listed in the National Register of Historic Places, California Register of Historical Resources or Register of Historical Landmarks, California Points of Historical Interest, or is a contributing property in a locally designated historic district; 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 property taxes pursuant to the provisions of the California Revenue and Taxation Code; and WHEREAS, it is the City’s expectation that the Owner will use the property tax savings accrued under this Agreement for improvements (as defined below). to the “Historic Property” To that end, as a condition of renewal, the City will require a revised schedule of improvements every ten years showing a plan for improvements commensurate with the tax savings; and WHEREAS, the City and 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 historic significance are preserved and maintained in an exemplary manner, and to carry out the purposes of Article 12 (commencing with Section 50280) of Chapter 1, Part 1, Division 1 of Title 5 of the California Government Code and Article 1.9 (commencing with Section 439) of Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code.

1. APPLICABLE LAWS. This Agreement is made pursuant to California Government Code Sections 50280 through 50290 and Article 1.9 (commencing with Section 439) of Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code and is subject to all of the provisions of those statutes. To the extent any of the provisions in this Agreement are inconsistent with the aforementioned provisions of the Government and Revenue and Taxation Codes, they are superseded by those Code Sections.
449
3 2. ASSESSMENT OF VALUATION. Property tax relief afforded to Owner pursuant to Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code will be determined solely by the Orange County Office of the Assessor. City makes no representations regarding the actual tax savings any person may realize by entering into this Agreement.

4. INSPECTIONS AND ANNUAL REPORTING. Owner agrees to permit the examination, by prior appointment, of the interior and exterior of the Historic Property by the City at a minimum every five (5) years during the Agreement term to determine Owner's compliance with the terms and provisions of this Agreement. Owner agrees to provide the City with a report as to the status 450
4 of the Historic Property annually within thirty (30) days following each anniversary of the Effective Date of this Agreement. The annual report shall provide substantiation reasonably satisfactory to the City’s Historic Preservation Planner or in his/her absence the Director of Community Development that Owner has completed the work required by Exhibit D for the twelve month period preceding each anniversary of this Agreement, and whether the Historic Property has undergone any changed conditions, and whether Owner has received any public funds from other sources designated for the preservation or maintenance of the Historic Property and from whom such funds have been received.

6. TERM. The term of this Agreement is for a period of ten (10) years. The initial term of this Agreement shall be from November 14, 2023 to and including November 14, 2033.

10. EFFECT OF NOTICE NOT TO RENEW. If in any year either party serves written notice of nonrenewal of this Agreement, this Agreement shall remain in effect for the balance of the period 451
5 remaining since the original execution date if not yet renewed, or the last renewal date of the Agreement, as the case may be.

Where specialized services are required due to the nature of the work and the historic character of the features damaged, “commence the repair work” within the meaning of this paragraph may include contracting for repair services. For repairs that require a permit(s), Owner shall proceed diligently in applying for any necessary permits for the work and shall apply for such permits not less than sixty (60) days after the damage has been incurred, commence the repair work within one hundred twenty (120) days of receipt of the required permit(s), and shall diligently prosecute the repair to completion within a reasonable period of time, as determined by the City. Upon written request by the Owner, the Zoning Administrator, at his or her discretion, may grant an extension of the time periods set forth in this paragraph. Owner may apply for an extension by a letter to the Zoning Administrator, and the Zoning Administrator may grant the extension by letter without a hearing. All repair work shall comply with the design and standards established for the Historic Property in Exhibits A and B attached hereto and Paragraph 3 herein. In the case of damage to twenty percent (20%) or more of the Historic Property due to a catastrophic event, such as an earthquake, or in the case of damage from any cause whatsoever that destroys more than fifty percent (50%) of the Historic Property, the City and Owner may mutually agree to terminate this Agreement. Upon such termination, Owner shall not be obligated to pay the cancellation fee set forth in Paragraph 15 of this Agreement. Upon such termination, the City shall assess the full value of the Historic Property without regard to any restriction imposed upon 452
6 the Historic Property by this Agreement and Owner shall pay property taxes to the City based upon the valuation of the Historic Property as of the date of termination.

16. NOTICE OF CANCELLATION. This Agreement cannot be canceled until after City has given notice and has held a public hearing as required by Government Code Section 50285. Notice of 453
7 the hearing shall be mailed to the last known address of each owner of property within 300 feet of the Historic Property and shall be published in accordance with Government Code Section 6061.

City of Orange
Attn.: City Clerk
Michael J. and Jerrica E. Knight
300 E. Chapman Avenue 167 N. Little Main Street
Orange, CA 92866 Orange, CA 92868

22. ACQUISITION OF PROPERTY BY EMINENT DOMAIN; CANCELLATION OF CONTRACT; INAPPLICABILITY TO DETERMINATION OF VALUE. In the event that the Historic Property is acquired in whole or part by eminent domain or other acquisition by any 454
8 entity authorized to exercise the power of eminent domain, and the acquisition is determined by the City to frustrate the purpose of the Agreement, the Agreement shall be canceled and no fee shall be imposed under Section 16, above. The Agreement shall be deemed null and void for all purposes of determining the value of the Historic Property so acquired.

26. INSURANCE. Owner shall secure adequate property insurance to meet Owner’s' obligations under this Agreement and shall submit evidence of such insurance to the City upon request.

27. INDEMNIFICATION. The Owner shall indemnify, defend, and hold harmless the City and all of its boards, commissions, departments, agencies, agents and employees (individually and collectively, the “Indemnitees”) from and against any and all liabilities, losses, costs, claims, judgments, settlements, damages, liens, fines, penalties and expenses incurred in connection with or arising in whole or in part from: (a) any accident, injury to or death of a person, loss of or damage to property occurring in or about the Historic Property; (b) the use or occupancy of the Historic Property by the Owner, their Agents or Invitees; (c) the condition of the Historic Property; or (d) any construction or other work undertaken by Owner on the Historic Property.

This indemnification shall include, without limitation, reasonable fees for attorneys, consultants, 455
9 and experts and related costs that may be incurred by City or Indemnitees and the City’s cost of investigating any claim. In addition to Owner’s obligation to indemnify City or Indemnitees, Owner specifically acknowledges and agrees that they have an immediate and independent obligation to defend City or Indemnitees from any claim that actually or potentially falls within this indemnification provision, even if the allegations are or may be groundless, false, or fraudulent, which obligation arises at the time such claim is tendered to Owner by City or Indemnitees, and continues at all times thereafter. The Owner’s obligations under this Paragraph shall survive termination of this Agreement.

28. RECORDATION. City shall record a copy of this Agreement with the Office of the County Recorder of the County of Orange.

31. ADMINISTRATION. This Agreement shall be administered by the Director of Community Development (or his/her designated representative) following approval of this Agreement by the City. The City shall maintain authority of this Agreement through the Director of Community Development (or his/her authorized representative). The Director of Community 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 Property or the purpose of this Agreement. Such amendments may include extensions of time or amendments to the projects specified in Exhibit D. All other waivers or amendments shall require the written approval and consent of the City Council. [Remainder of page intentionally left blank; signatures on next page] 456
10 IN WITNESS WHEREOF, the City and the Owner have executed this Agreement. “OWNER”
Dated: , 2023
Michael J. Knight
Dated: , 2023
Jerrica E. Knight
“CITY”
CITY OF ORANGE, a municipal corporation
Dated: , 2023 By:

Daniel R Slater
Mayor
ATTEST: APPROVED AS TO FORM:

Pamela Coleman Melissa Crosthwaite
City Clerk Senior Assistant City Attorney
457
11 ACKNOWLEDGEMENT
State of California
County of ____________
On before me, ,
a Notary Public in and for the State of California, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

LEGAL DESCRIPTION OF HISTORIC PROPERTY

REAL PROPERTY IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS:

Lot 7, Tract 515, in the City of Orange, State of California, as per Map recorded in Book 18, Page 19 of Miscellaneous Maps, in the Office of the County Recorder of said County.
[APN 039-041-03]
459
13 EXHIBIT “B”

SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION

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 preserve archeological resources affected by, or adjacent to, any project.

CITY OF ORANGE HISTORIC PROPERTY

1. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows.

2. Publicly visible storage of scrap lumber, junk, trash or debris.

3. Publicly visible storage of abandoned, discarded or unused objects or 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 inappropriate location.
461
15 EXHIBIT “D”

REHABILITATION/MAINTENANCE SCOPE OF WORK
[Attached.]
462
EXHIBIT “D”

REHABILITATION/MAINTENANCE SCOPE OF WORK
167 N. Little Main Street
Priority Description of Work Cost Estimate Completion Date

1. Restore original historic sconce features in
the living room with historically appropriate
sconces.
$1,000.00 2023

2. Replace the composition shingle roof on the
house with a new shingle roof.
$15,000.00 2024

3. Repair and restore damaged fascia board
around the house.
$5,000.00 2024

4. Preparation of an updated termite inspection
report, termite treatment, and repair of
termite dry rot damage as recommended in
the report provided report dated 2/28/2023.

Cost estimate for recommended work based
on estimates provided in termite treatment
report dated 2/28/2023.
$2,170.00 2025

5. Seismic retrofit of the house foundation. $10,000.00 2026

6. Repair and restore all historic wood windows
on residence and garage per the Historic
Preservation Design Standards.
$12,000.00 2027

7. Replace non-original window/door at front
elevation with historically appropriate door.
$2,000.00 2028
TOTAL $47,170
463
16 EXHIBIT “E”
HISTORIC PROPERTY INVENTORY FORM (DPR 523)
[Attached.]
464
State of California The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
PRIMARY RECORD Trinomial
NRHP Status Code 5S1
Other Listings
Review Code Reviewer Date

Page 1 of 98 ends

DPR 523A (1/95) *Required information
P1. Other Identifier: N/A
*P2. Location: ☐ Not for Publication ☒ Unrestricted *a. County: Orange *b. USGS 7.5' Quad: Orange Date: 1923
c. Address: 167 North Little Main City: Orange Zip: 92868 d. UTM: Zone 33; 78914 mE/ -117.86622 mN (G.P.S.)
e. Other Locational Data:
*P3a. Description:
*P3b. Resource Attributes: HP2 - Single family property *P4. Resources Present: ☒Building ☐Structure ☐Object ☐Site ☐District ☐Element of District ☐Other (Isolates, etc.) P5b. Description of Photo:

Main Elevation, Looking
Northeast.

Real Estate Listing 2020.
*P6. Date Constructed/Age: ☒
Historic ☐Prehistoric ☐Both
1923
*P7. Owner and Address:

Michael and Jerrica Knight
167 North Little Main
Orange, CA 92868
*P8. Recorded by:

IS Architecture
5645 La Jolla Boulevard
La Jolla, California 92037
P9. Date Recorded:

May 2021
*P10. Survey Type:

Intensive/pedestrian
*P11. Report Citation: 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): Supplemental Attachments P5a. Photo or Drawing
APN: 039-041-03
Legal Description: Lot 7, Tract 515, Mission Gardens, in the City of Orange, County of Orange, State of California, as per map recorded in Book 18, page 19, of miscellaneous maps, in the office of the county recorder of said county.
167 North Little Main was built in 1923 in the Tudor Revival architectural style. Located in the Mission Gardens Subdivision of Orange, California, this 1,666 square foot, 1 ½ story, single-family house, faces west on a 6,050 square foot, rectangular lot. The lot is bound on the west by Little Main Street, and residential lots to the north, south, and east. Little Main Street runs north to south from West Chapman university, north until it intersects with North Main Street at the intersection of West Maple Avenue. (Continued Pg. 3) 465
State of California  The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#

BUILDING, STRUCTURE, AND OBJECT RECORD
*Resource Name: Mission Gardens Spec House/ William O. Hart House *NRHP Status Code: 5S1

Page 2 of 98 ends

DPR 523 (1/95) *Required information
B1. Historic Name: N/A
B2. Common Name: N/A
B3. Original Use: Single Family Residence B4. Present Use: Single Family Residence *B5. Architectural Style: Tudor Revival
*B6. Construction History:
*B7. Moved? ☒No ☐Yes ☐Unknown Date: N/A Original Location: N/A *B8. Related Features: N/A
B9a. Architect: Unknown. b. Builder: Unknown.
*B10. Significance Theme: Community Development, Residential Architecture Area: City of Orange Period of Significance: 1923-1944 Property Type: HP2 - Single family property Applicable Criteria: A/1,C/3 B11. Additional Resource Attributes:

N/A
*B12. References: See endnotes and Attachment F.

B13. Remarks: None.
*B14. Evaluator: IS Architecture
*Date of Evaluation: May 2021
(This space reserved for official comments.)
The resource property was constructed in the “Old-English” style now known as Tudor Revival style between 1923- 1924 and was one of the first homes built in the Mission Gardens tract. No exact date was recorded or discovered though tax assessor records. Newspaper articles indicate that a fire damaged a portion of the interior in July of 1924.

This was repaired and did not damage the exterior of the home. (Continued Pg. 5) 167 North Little Main Street is significant at the local level of the National Register of Historic Places under Criterion A in the themes of community planning and social history for being associated with the westward expansion of the City of Orange, along with being associated with prominent businessmen of Orange, including William O. Hart. The property is also significant at the local level of significance with themes of architecture under Criterion C for its rare and intact Tudor Revival architecture within the City of Orange. (Continued Pg. 6) N
466
DPR 523 (1/95) *Required information
State of California  Natural Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI #
Trinomial

CONTINUATION SHEET
Property Name: Mission Gardens Spec House/ William O. Hart House

Page 3 of 98 ends

P3a. Description: Continued
North Little Main Street is a residential street, lined with mature trees and public sidewalks, along with dual sided street parking. The surrounding neighborhood has similarly scaled, single-family residences in a variety of styles.

The building construction is a standard wood frame on a concrete foundation, with stucco siding finish. 1 Overall, the
condition is very good. The house demonstrates many character defining features of the Tudor Revival style including two-story stucco-clad structure, a prominent front gable, a steeply pitched cross gable main roof, along with clipped gable ends. There are decorative trim elements, elaborate arched windows, and a prominent stucco chimney. 2 The front of the house faces west towards North Little Main, with a public sidewalk, curb, and gutter. From the public sidewalk, a gate provides egress onto the property. A Hollywood style concrete driveway leads to the south of the house. A wide front lawn consists of a mature orange tree and planting areas. A low stucco patio wall with two curved steps and a wooden rail detail surrounds the front patio. The front patio is accessed via a curved concrete step.
167 North Little Main is composed of numerous key Tudor Revival features: a steeply pitched side-gable main roof with clipped gable end, shingled roof, painted bargeboards, and fine-sand finish stucco. A detached garage with clipped gable roof is located to the southeast of the house accessed by the Hollywood-style driveway. The garage features a wood paneled sliding garage door on the west elevation. The north elevation features a door and doublehung window.

West (Main) Elevation
The western elevation of the dwelling faces Little Main Street with a cross-gabled roof. The front of the gable is clipped. The main entrance is accessed via the front patio surrounded by stucco walls. A curved concrete step leads to the concrete patio. The patio is set into the “L” of the dwelling’s cross-gabled structure. A stucco chimney is located near the intersection of the gables and is visible projecting from the roofline. The dwelling has a fine-sand stucco finish and projecting roofline. The elevation visually consists of three bays, the northern gable end, the central side gable, and the projecting south bay.

The northernmost bay is the focal point of the elevation with a prominent clipped gable roof, dormer vent, and tripartite, divided lite, arched wooden windows with putty glazing. The windows have painted trim. The main entrance is located on the south side of the front gable end. The front door consists of a solid wood door with speakeasy and art deco style metal hardware, a metal security door, and 5-light divided wooden sidelights. A metal light fixture is affixed to the west of the sidelights.

The southern bay projects about five feet from the main wall of the side gable. Two 6-lite, wooden, casement windows are located on the west end of the projection. A single six-lite, wooden, casement window is located on 1 Visual observation of 167 North Little Main Street by IS Architecture. 2 Although there is no half timbering on this Tudor-revival structure, that is true of 2/3 of all Tudor Revival architecture (McAlester p449)
467
DPR 523 (1/95) *Required information
State of California  Natural Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI #
Trinomial

CONTINUATION SHEET
Property Name: Mission Gardens Spec House/ William O. Hart House

Page 4 of 98 ends

Orange City CouncilNovember 14, 2023

Orange City Council
November 14, 2023