Cities Index.
Agenda packet

Santa Ana City Council
February 15, 2022

Document
Agenda packet
Meeting
February 15, 2022
Body
Santa Ana City Council
Pages
38
Original file
126.9 MB
Text extracted from the city's file for reading and search. Open the original on santa-ana.primegov.com. That file is the official record.

set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old.

The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code, as the structure is 94 years old and is a good example of period architecture. No known code violations exist on record for this property.

The property, recognized as the W.D. Johnston House, is a representative example of the Georgian/Federal variant of a Colonial Revival style in Santa Ana. It was built in 1927 for $13,000. According to city directories, the first occupant was William Dean Johnston. Johnston was a 62-year resident of Orange County, mostly in Santa Ana where he worked as both Second President of the County Farm Bureau and the Secretary and Manager of the Farmer’s Mutual Insurance Company in Santa Ana for over 25 years. Johnston divorced his second wife Ruth L. Johnston in 1940-41 and she retained the home. Mrs. Johnston later sold the property in 1942 to Frank and Catherine McClellan.

The W.D. Johnston House is a two-story single-family residence constructed in the Georgian/Federal variant of the Colonial Revival architectural style. Symmetrical in design, the house is clad in red brick and consists of a three bay wide, two story block and a small, one story, one-bay extension set back on the west elevation. A mediumpitched, side-gabled roof with enclosed soffits in the modest overhangs and asphalt shingle cladding tops the main volume. In the central bay of the façade, (south elevation), a prominent entry portico consists of stylized Doric columns and pilasters that rise to molded frieze, flat roof with enclosed soffit, and X-patterned balustrade. The entry features a six-panel wood entry door framed by an elliptical fanlight and sidelights.

Multi-paned casement windows with an elliptical fanlight flank the entry porch in the side bays of the lower story. Paired six-over-one, double-hung, wood windows in the side bays and multi-paned French doors in the central bay, all framed by shutters, characterize the second story fenestration. Similar double-hung wood windows also appear on the north, east, and west elevations, all featuring a “lamb tongue” detailing.

Brick detailing at the openings includes soldier and header brick courses. A rebuilt brick chimney is centered at the west elevation, towards the side gable ridgeline. The property includes a one-story addition, brick clad and topped by a balustrade, on the west elevation that has taken on significance over time and is within the period of significance of the style. A driveway to the east of the property leads to a detached, one-story, side-gabled garage, built at the same time as the residence. The front setback is simply landscaped with a lawn, low vegetation and a hedge-lined brick pathway that curves towards the junction of the driveway and sidewalk.

Historic City Council Resources Commission 315––260 11/4/2021 2/15/2022 HRCA No. 2021-21, HRC 2021-21, HPPA No. 2021-21 – W.D. Johnston House November 4, 2021

Page 3 ends

Character-defining features of the W.D. Johnston House that should be preserved include, but may not be limited to: roof configuration, materials, and treatment (mediumpitched side gabled roof, enclosed soffits); massing and composition (two-story block design; symmetry); portico, brick exterior walls trimmed with wood; fenestration (entry door with elliptical fan and sidelights and original wood windows); architectural detailing (columns, frieze, balustrades, red brick detailing, and window shutters); brick entry pathway; and the one-story garage. The W.D. Johnston House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its exemplification of the distinguishing characteristics of the Georgian/Federal variant of a Colonial Revival style home. Additionally, the house has been categorized as “Key” because it has distinctive architectural style and quality and is a good example of Colonial Revival architecture.

Mills Act Agreement
Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 2). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner’s voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property’s assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include:
 Long term preservation of the property and visual improvement to the neighborhood  Allows for a mechanism to provide for property rehabilitation  Provides additional incentive for potential buyers to purchase historic structures  Discourages inappropriate alterations to the property The property has no identified unauthorized modifications. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement.

Public Notification
The subject site is located within the Floral Park Neighborhood Association. The president of this Neighborhood Association was notified by mail 10 days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of Historic City Council Resources Commission 315––361 11/4/2021 2/15/2022 HRCA No. 2021-21, HRC 2021-21, HPPA No. 2021-21 – W.D. Johnston House November 4, 2021

Page 4 ends

this printing, no correspondence, either written or electronic, has been received from any members of the public.

ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15331 of the CEQA Guidelines (Class 31 – Historical Resource Restoration/Rehabilitation) as these actions are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2021-101 will be filed for this project.

FISCAL IMPACT
The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $1,524.60 annually, for a period of not less than ten years.

EXHIBIT(S)

1. Resolution

2. Mills Act Agreement

3. 500-Foot Radius Map
Submitted By:

Pedro Gomez, AICP, Associate Planner
Approved By:

Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency
Historic City Council Resources Commission 315––462 11/4/2021 2/15/2022

FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2021-XXX

Page 1 of 4 ends

RESOLUTION NO. 2021-XXX

A RESOLUTION OF THE HISTORIC RESOURCES

COMMISSION OF THE CITY OF SANTA ANA APPROVING

HISTORIC RESOURCES COMMISSION APPLICATION
NO. 2021-21 TO PLACE THE PROPERTY LOCATED AT
2445 NORTH PARK BOULEVARD, SANTA ANA, ON THE

HISTORICAL REGISTER AND APPROVING HISTORIC
REGISTER CATEGORIZATION NO. 2021-21 PLACING

SAID PROPERTY WITHIN THE KEY CATEGORY

BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS:

Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines, and declares as follows:

A. On November 4, 2021, the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2021-21) and categorization (Historic Resources Commission Categorization No. 2021-21) of the W.D. Johnston House located at 2445 North Park Boulevard, Santa Ana.

B. The W.D. Johnston House has distinctive architectural features of the Georgian/Federal variant of a Colonial Revival style and was built in 1927.

C. The W.D. Johnston House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its exemplification of the distinguishing characteristics of the Georgian/Federal variant of a Colonial Revival style home. Identifying features of this style include its two-story massing, symmetry, classically inspired detailing, formal portico, elliptical fanlights, and multi-paned fenestration. Additionally, the house has been categorized as “Key” because it has distinctive architectural style and quality and is a good example of Colonial Revival architecture. (Municipal Code, Section 30-2.2). Character-defining features of the W.D. Johnston House that should be preserved include, but may not be limited to: roof configuration, materials, and treatment (medium-pitched side gabled roof, enclosed soffits); massing and composition (two-story block design; symmetry); portico, brick exterior walls trimmed with wood; fenestration (entry door with elliptical fan and sidelights and original wood windows); architectural detailing (columns, frieze, balustrades, red brick detailing, and window shutters); brick entry pathway; and the one-story garage.

D. The legal owner of the property is Andrew Dawson.

E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein.

Historic City Council Resources Commission 315––563 11/4/2021 2/15/2022

FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2021-XXX

Page 2 of 4 ends

F. The subject property meets the standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code.

G. The subject property meets the minimal standards for placement in the Contributive category pursuant to Section 30-2.2(2) of the Santa Ana Municipal Code.

Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under CEQA Guidelines Section 15331, Class 31, as these actions are designed to preserve historical resources.

Categorical Exemption No. ER-2021-101 will be filed for this project.

Section 3. The Historic Resources Commission of the City of Santa Ana, after conducting the public hearing, hereby approves:

A. Historic Resources Commission Application No. 2021-21 to place the W.D. Johnston House located at 2445 North Park Boulevard, Santa Ana, 92706 on the historical register, and
B. Historic Register Categorization No. 2021-21 placing the W.D. Johnston House located at 2445 North Park Boulevard, Santa Ana, 92706 within the Contributive category.

These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto, the report entitled “Historical Property Description,” and the public testimony, all of which are incorporated herein by this reference.

Section 4. For the subject property, a report entitled “Historical Property Description” is on file with the Planning Division, and is hereby approved and adopted, and together with the staff report and this Resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this Resolution in the City of Santa Ana Register of Historical Properties.

Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder’s Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029.

ADOPTED this 4th day of November, 2021.
__________________________
Tim Rush
Chairperson

Historic City Council Resources Commission 315––664 11/4/2021 2/15/2022

FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2021-XXX

Page 3 of 4 ends

APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By:________________________
John M. Funk
Sr. Assistant City Attorney
AYES: Commission members____________________________________ NOES: Commission members___________________________________ ABSTAIN: Commission members___________________________________ NOT PRESENT: Commission members___________________________________

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, SARAH BERNAL, Historic Resources Commission Secretary, do hereby attest to and certify the attached Resolution No. 2021-XXX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on November 4, 2021.

Date: ________________ ____________________________________ Commission Secretary
City of Santa Ana
Historic City Council Resources Commission 315––765 11/4/2021 2/15/2022

FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2021-XXX

Page 4 of 4 ends

EXHIBIT A

LEGAL DESCRIPTION
APN Address Legal Description Owner Names
002-063-20 2445 North Park
Boulevard

REAL PROPERTY IN THE

CITY OF SANTA ANA,

COUNTY OF ORANGE,

STATE OF CALIFORNIA,
DESCRIBED AS FOLLOWS:

LOT 31 OF TRACT 755, AS

PER MAP RECORDED IN
BOOK 22, PAGES(S) 33, OF

MISCELLANEOUS MAPS IN

THE OFFICE OF THE

COUNTY RECORDER OF
SAID COUNTY.

Andrew Dawson
Historic City Council Resources Commission 315––866 11/4/2021 2/15/2022

EXECUTIVE SUMMARY
W.D. Johnston House
2445 North Park Boulevard
Santa Ana, CA 92706
NAME W.D. Johnston House REF. NO.

ADDRESS 2445 North Park Boulevard
CITY Santa Ana ZIP 92706 ORANGE COUNTY
YEAR BUILT 1927 LOCAL REGISTER CATEGORY: Key
HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park
CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: Not for Publication Unrestricted
Prehistoric Historic Both
ARCHITECTURAL STYLE: Georgian/Federal variant of a Colonial Revival The most universal of all American domestic building styles, the Colonial Revival has been popular since the 1876 Centennial celebration in Philadelphia stimulated a patriotic interest in the American architectural past. Beginning in the second half of the 1930s, and continuing in the two decades following World War II, the late Colonial Revival departed from the more literal historicism of the previous half-century and was often reduced to a few signature elements. These features include stylized door surrounds; pseudo-quoined corners; multi-paned casement or double-hung sash windows, often framed by decorative shutters; circular, oval, or octagonal accent windows; and eaves nearly flush with the exterior walls. A hipped roof subtype sometimes contained Regency references such as bow and bay windows. Another popular subtype was split-level, ranch, or Cape Cod in appearance and plan, and normally topped by gabled roofs. The materials used in the late Colonial Revival were similar to those of the earlier period—wood, brick, stone, and stucco—although stucco came to be used more frequently than before (McAlester 1984, 320-339).

SUMMARY/CONCLUSION:

The W.D. Johnston House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its exemplification of the distinguishing characteristics of the Georgian/Federal variant of a Colonial Revival style home.

Additionally, the house has been categorized as “Key” because it has distinctive architectural style and quality and is a good example of Colonial Revival architecture. (Municipal Code, Section 30-2.2).

EXPLANATION OF CODES:
 California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, “How to Nominate Resources to the California Register of Historical Resources,” September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values.  It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values.
5S3: Appears to be individually eligible for local listing or designation through survey evaluation.

Historic City Council Resources Commission 315––967 11/4/2021 2/15/2022 State of California  The Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code_____________________________________
Other Listings_____________________________________________________________________ Review Code________ Reviewer________________________ Date_______________ Page _1_ of _3_ Resource name(s) or number (assigned by recorder) W.D. Johnston House P1. Other Identifier:
*P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad TCA 1725 Date: March 3, 2015
*c. Address 2445 North Park Boulevard City Santa Ana Zip 92706 *e. Other Locational Data: Assessor’s Parcel Number 002-063-20 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The W.D. Johnston House is a two-story single-family residence constructed in the Georgian/Federal variant of the Colonial Revival architectural style. Symmetrical in design, the house is clad in red brick and consists of a three bay wide, two story block and a small, one story, one-bay extension set back on the west elevation. A medium-pitched, side-gabled roof with enclosed soffits in the modest overhangs and asphalt shingle cladding tops the main volume. In the central bay of the façade, (south elevation), a prominent entry portico consists of stylized Doric columns and pilasters that rise to molded frieze, flat roof with enclosed soffit, and X-patterned balustrade. The entry features a six-panel wood entry door framed by an elliptical fanlight and sidelights. Multi-paned casement windows with an elliptical fanlight flank the entry porch in the side bays of the lower story.

Paired six-over-one, double-hung, wood windows in the side bays and multi-paned French doors in the central bay, all framed by shutters, characterize the second story fenestration. Similar double-hung wood windows also appear on the north, east, and west elevations, all featuring a “lamb tongue” detailing. Brick detailing at the openings includes soldier and header brick courses.

A rebuilt brick chimney is centered at the west elevation, towards the side gable ridgeline. The property includes a one-story addition, brick clad and topped by a balustrade, on the west elevation that has taken on significance over time and is within the period of significance of the style. A driveway to the east of the property leads to a detached, one-story, side-gabled garage, built at the same time as the residence. The front setback is simply landscaped with a lawn, low vegetation and a hedge-lined brick pathway that curves towards the junction of the driveway and sidewalk. Other than the noted changes, the house appears intact and is in good condition.
*P3b. Resource Attributes: (list attributes and codes) HP2. Single-Family Residence *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date)
South elevation, view north
September 2021
*P6. Date Constructed/Age and
Sources: historic
1927/ City of Santa Ana Building
Permits
*P7. Owner and Address:

Andrew Dawson
2445 North Park Boulevard
Santa Ana, CA 92706
*P8. Recorded by:

Pedro Gomez
20 Civic Center Plaza M-20
Santa Ana, CA 92702
*P9. Date Recorded:

November 4, 2021
*P10. Survey Type:

Intensive Survey Update
*P11. Report Citation: (Cite survey
report and other sources, or enter “none”)
None
*Attachments: None Location Map Sketch Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record  Other (list)
DPR 523A (1/95) *Required information
P5a. Photo
Historic City Council Resources Commission 315––1068 11/4/2021 2/15/2022 State of California  The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________

BUILDING, STRUCTURE, AND OBJECT RECORD

Page 2 of 3 ends

*Resource Name or #: W.D. Johnston House
B1. Historic Name: W.D. Johnston House
B2. Common Name: Same
B3. Original Use: Single-Family Residence B4. Present Use: Single-Family Residence *B5. Architectural Style: Georgian/Federal variant of a Colonial Revival *B6. Construction History: (Construction date, alterations, and date of alterations): June 20, 1927. Constructed. $13,000.

April 6, 1933. Rebuild fireplace chimney.

June 9, 1942. Alteration to residence by Reine Chew, contractor. $100.

January 19, 2017. Reroof residence and detached garage. $6,100.

September 12, 2018. New 195-square-foot swimming pool. $30,000..

September 14, 2018. New detached arbor with lattice roof cover. $4,500.

May 13,2021. Voluntary seismic retrofit. $8,000.
*B7. Moved? No Yes Unknown Date:__________ Original location:_______ _______ *B8. Related Features: Detached Garage.

B9a. Architect: Unknown b. Builder: Unknown
*B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1927 Property Type: Single-Family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The W.D. Johnston House is architecturally significant for its embodiment of the Georgian/Federal variant of the Colonial Revival style. According to city directories, the first occupant was William Dean Johnston. Johnston was a 62-year resident of Orange County, mostly in Santa Ana where he worked as both Second President of the County Farm Bureau and the Secretary and Manager of the Farmer’s Mutual Insurance Copany in Santa Ana for over 25 years. Johnston divorced his second wife Ruth L. Johnston in 1940-41 and she retained the home. Mrs. Johnston later sold the property in 1942 to Frank and Catherine McClellan. During World War II, Frank McClellan would join the army and serve as an officer. Little information is available regarding occupancy of the residence from 1950-1990's. In early 2000, Cecil and Kathryn Hollon purchased the property,selling it in 2017 to Dion and Leslie Genchi. The property was sold to the current homeowner in 2021. (See Continuation Sheet 3 of 3.)
B11. Additional Resource Attributes: (List attributes and codes) *B12. References:
1920 Federal Census
1930 Federal Census
Santa Ana Register July 29, 1940
(See Continuation Sheet 3 of 3.)
B13. Remarks:
*B14. Evaluator: Sydney Andrea Landers /Chattel Inc.
*Date of Evaluation: November 4, 2021
DPR 523B (1/95) *Required information
Sketch Map
(This space reserved for official comments.)
W.D. Johnston House
2445 North Park Boulevard
N
Historic City Council Resources Commission 315––1169 11/4/2021 2/15/2022 State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________

Page 3 ends

*Recorded by Pedro Gomez *Date November 4, 2021  Continuation  Update DPR 523L
*B10. Significance (continued):

The W.D. Johnston House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). “Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana” (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. “When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each” (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival.

The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the El Toro Marine Base during World War II, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue.

In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park.

An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell’s own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War II years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, homes in the neighborhoods were mostly developed in the revival styles. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2021) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens.

The W.D. Johnston House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its exemplification of the distinguishing characteristics of the Georgian/Federal variant of a Colonial Revival style home. Identifying features of this style include its two-story massing, symmetry, classically inspired detailing, formal portico, elliptical fanlights, and multi-paned fenestration. Additionally, the house has been categorized as “Key” because it has distinctive architectural style and quality and is a good example of Colonial Revival architecture. (Municipal Code, Section 30-2.2). Character-defining features of the W.D. Johnston House that should be preserved include, but may not be limited to: roof configuration, materials, and treatment (medium-pitched side gabled roof,enclosed soffits); massing and composition (two-story block design;symmetry); portico, brick exterior walls trimmed with wood; fenestration (entry door with elliptical fan and sidelights and original wood windows); architectural detailing (columns, frieze, balustrades, red brick detailing, and window shutters); brick entry pathway; and the one-story garage.
*B12. References (continued):

City of Santa Ana Building Permits
Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps
Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998.

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

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

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

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

Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. “Alison Honer Dies at 84,” The Santa Ana Journal, September 21, 1981. “History of Floral Park.” http://www.floral-park.com/page2.html.

Santa Ana and Orange County Directories, 1941-1962.

Santa Ana Daily Register, April 4, 1923
Historic City Council Resources Commission 315––1270 11/4/2021 2/15/2022

MILLS ACT AGREEMENT
2445 North Park Boulevard
Santa Ana, CA 92706
- 1 -
Exhibit C
Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S.

Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings, as follows:

1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose.

2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.

3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.

4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment.

These changes may have acquired significance in their own right, and this significance shall be recognized and respected.

5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity.

6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures.

7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.

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

9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with Historic City Council Resources Commission 315––1371 11/4/2021 2/15/2022

MILLS ACT AGREEMENT
2445 North Park Boulevard
Santa Ana, CA 92706
- 2 -
size, scale, color, material and character of the property, neighborhood, or environment.

10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired.

Historic City Council Resources Commission 315––1472 11/4/2021 2/15/2022

HRC 2021-21/ HRCA 2021-21/ HPPA 2021-21
2445 NORTH PARK BOULEVARD
W.D. JOHNSTON HOUSE

P L A N N I N G AND B U I L D I N G A G E N C Y
500’ RADIUS
SITE
Historic City Council Resources Commission 315––1573 11/4/2021 2/15/2022

O R A N G E C O U N T Y R E P O R T E R
OR#
~SINCE 1921~
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Notice Type:

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COPY OF NOTICE
3523348
!A000005855679!
The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice.

NOTICE OF PUBLIC HEARING

BEFORE THE SANTA ANA HISTORIC

RESOURCES COMMISSION
The City of Santa Ana encourages the
public to participate in the decisionmaking process. We encourage you to contact us prior to the Public Hearing if
you have any questions.

Historic Resources Commission
Action: The Historic Resources
Commission will hold a Public Hearing to
receive public testimony, and will take
action on the item described below. Their
decision is final unless appealed to the
City Council within 10 days of the decision
by any interested party or group.

Project Location: 2445 North Park
Boulevard (historically known as the W.D.

Johnston House) located in the Single
Family Residential (R-1) zoning district.

Project Applicant: Andrew Dawson
Project Description: The applicant is
requesting approval of Historic Resources
Commission Application No. 2021-21,
Historic Register Categorization No. 2021-
21, and Historic Property Preservation
Agreement No. 2021-21 to allow the
placement and categorization in the Santa
Ana Register of Historical Properties as
Key for the above mentioned property and
to execute a Historic Property
Preservation Agreement with the City of
Santa Ana.

Environmental Impact: In accordance
with the California Environmental Quality
Act, the recommended action is exempt
from further review under Section 15331,
Class 31 (Historical Resource
Restoration/Rehabilitation), as this action
is designed to preserve a historic
resource. Categorical Exemption No. ER- 2021-101 will be filed for this project. Meeting Details: This matter will be heard on Thursday, November 4, 2021, at 4:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in-person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa- ana.org/pb/meeting-particpation. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to [email protected] (reference the topic in the subject line) or mail to Sarah Bernal, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:00 p.m. on the day of the meeting.Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https://santa- ana.primegov.com/public/portal. Who To Contact For Questions: Should you have any questions, please contact Pedro Gomez with the Planning and Building Agency at PGomez@santa- ana.org or 714-667-2790 Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing
described in this notice, or in written
correspondence delivered to the Historic
Resources Commission or City Council of
the City of Santa Ana at, or prior to, the
public hearing.

Si tiene preguntas en español, favor de
llamar a Angelina Becerra al (714) 667-
2259.

Nu cn liên lc bng ting Vit, xin
in thoi cho Tony Lai s (714) 565-
2627.
10/22/21
OR-3523348#
Historic City Council Resources Commission 315––1674 11/4/2021 2/15/2022

CITY OF SANTA ANA
Planning and Building Agency
20 Civic Center Plaza ● P.O. Box 1988
Santa Ana, California 92702
www.santa-ana.org/pba

NOTICE OF PUBLIC HEARING

BEFORE THE SANTA ANA HISTORIC RESOURCES COMMISSION
The City of Santa Ana encourages the public to participate in the decision-making process. This notice is being sent to those who live or own property within 500 feet of the project site or who have expressed an interest in the proposed action. We encourage you to contact us prior to the Public Hearing if you have any questions.

Historic Resources Commission Action: The Historic Resources Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Their decision is final unless appealed to the City Council within 10 days of the decision by any interested party or group.

Project Location: 2445 North Park Boulevard (historically known as the W.D. Johnston House) located in the Single Family Residential (R-1) zoning district.

Project Applicant: Andrew Dawson
Project Description: The applicant is requesting approval of Historic Resources Commission Application No. 2021-21, Historic Register Categorization No. 2021-21, and Historic Property Preservation Agreement No. 2021-21 to allow the placement and categorization in the Santa Ana Register of Historical Properties as Key for the above mentioned property and to execute a Historic Property Preservation Agreement with the City of Santa Ana.

Environmental Impact: In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under Section 15331, Class 31 (Historical Resource Restoration/Rehabilitation), as this action is designed to preserve a historic resource. Categorical Exemption No. ER-2021-101 will be filed for this project.

Meeting Details: This matter will be heard on Thursday, November 4, 2021, at 4:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in-person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa-ana.org/pb/meeting-particpation.

Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to [email protected] (reference the topic in the subject line) or mail to Sarah Bernal, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701.

Deadline to submit written comments is 3:00 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record.

Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https://santa-ana.primegov.com/public/portal.
+iVtoric Cit\ CoXncil 5eVoXrceV CoPPiVVion 1––1 112021 212022 Who To Contact For Questions: Should you have any questions, please contact Pedro Gomez with the Planning and Building Agency at [email protected] or 714-667-2790 Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Historic Resources Commission or City Council of the City of Santa Ana at, or prior to, the public hearing.

Si tiene preguntas en español, favor de llamar a Angelina Becerra al (714) 667-2259.

Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627.

Publish: OC Reporter
Date: October 22, 2021
SITE
Historic City Council Resources Commission 315––1876 11/4/2021 2/15/2022 On-Site Posting – 2445 N. Park Blvd. – 10/25/2021
Historic City Council Resources Commission 315––1977 11/4/2021 2/15/2022 On-Site Posting – 2445 N. Park Blvd. – 10/25/2021
Historic City Council Resources Commission 315––2078 11/4/2021 2/15/2022 - 1 -

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

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

HISTORIC PROPERTY PRESERVATION AGREEMENT
This Historic Property Preservation Agreement (“Agreement”) is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as “City”), and Michelle Helvig, a single woman, (hereinafter collectively referred to as “Owner”), owner of real property located at 2311 North Santiago Street, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties.

RECITALS
A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the “Mills Act”) to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity.

B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2311 North Santiago Street, Santa Ana, CA, 92706 and more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference, and hereinafter referred to as the “Historic Property”.

C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code.

D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner.

Exhibit 5
City Council 15 – 79 2/15/2022
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E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code.

NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows:

1. Effective Date and Terms of Agreement.

This Agreement shall be effective and commence on February 16, 2022, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below.

2. Renewal.
a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein.
b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party.

Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein.
c. Within 30 days from receipt of City’s notice of nonrenewal, the Owner may file a written protest of City’s decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply.

3. Standards and Conditions for Historic Property.

During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions:
a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its characterdefining features described in the “Historical Property Description” attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City.

City Council 15 – 80 2/15/2022
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b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior’s Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition.
c. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior’s Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner’s compliance with the terms and provisions of this Agreement.

4. Furnishing of Information.

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

5. Cancellation.
a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 ½) percent by Government Code Section 50286) of the current fair market value of the City Council 15 – 81 2/15/2022
- 4 -
property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement.
b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288.

6. Enforcement of Agreement.
a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate.
b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City’s regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder.

7. Binding effect of Agreement.
a. Owner hereby subjects the Historic Property, located at 2311 North Santiago Street, Assessor Parcel Number, 003-092-24, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement.
b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner’s successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying City Council 15 – 82 2/15/2022
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the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument.

8. No Compensation.

Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property.

9. Notice.

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

City: City of Santa Ana
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Attn: Clerk of the Council
Owners: Michelle Helvig
2311 North Santiago Street
Santa Ana, CA 92706

10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise.
b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property.

City Council 15 – 83 2/15/2022
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c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney’s fees to be fixed by the court, in addition to court costs and other relief ordered by the court.
f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby.
g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County.

11. Recordation.

No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange.

12. Amendments.

This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto.

13. Effective Date
This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows}
City Council 15 – 84 2/15/2022
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ATTEST: CITY OF SANTA ANA
________________________ _________________________

DAISY GOMEZ KRISTINE RIDGE
Clerk of the Council City Manager
OWNER
Date: ___________________ By:__________________

MICHELLE HELVIG
APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL:

SONIA CARVALHO
City Attorney
_____________________

MINH THAI
By: _____________________
JOHN M. FUNK
Sr. Assistant City Attorney Executive Director
Planning and Building Agency
City Council 15 – 85 2/15/2022
- 8 -

EXHIBIT A

LEGAL DESCRIPTION

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

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

LOT 16 IN BLOCK “A” OF TRACT NO. 378, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 16, PAGE 4, OR

MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

Assessor’s Parcel Number: 003-092-24
City Council 15 – 86 2/15/2022

EXECUTIVE SUMMARY
Burkett House
2311 N. Santiago Street
Santa Ana, CA 92706
NAME Burkett House REF. NO.

ADDRESS 2311 N. Santiago Street
CITY Santa Ana ZIP 92706 ORANGE COUNTY
YEAR BUILT 1926 LOCAL REGISTER CATEGORY: Contributive
HISTORIC DISTRICT N/A NEIGHBORHOOD Park Santiago
CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: Not for Publication Unrestricted
Prehistoric Historic Both
ARCHITECTURAL STYLE: Tudor Revival
The Tudor Revival looked to medieval England for its inspiration. Signature features of the style include steeply pitched gables; decorative half-timbering; arched openings, often Tudor or Gothic in form; asymmetrical arrangements of building features; tall brick chimneys; and picturesque windows of leaded glass or diamond patterned lights. The more ambitious examples of the Tudor Revival were executed in brick or even stone; however, stucco over wood frame is quite common in the forgiving climate of southern California. The Tudor Revival was favored primarily for residential buildings, although small scale commercial buildings in the style also occur. Originating in the late 19th century, the Tudor Revival was associated with some Craftsman era building but was most popular during the 1920s and 1930s.

SUMMARY/CONCLUSION:

The Burkett House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact and representative example of a Tudor Revival style home. The house is also of interest as it is a unusual example of Tudor Revival featuring clapboard siding. The Burkett House has been categorized as “Contributive” because it “contributes to the overall character and history” of the Park Santiago neighborhood and “is a good example of period architecture,” representing the Tudor Revival style in Santa Ana (Santa Ana Municipal Code, Section 30-2.2).

EXPLANATION OF CODES:
• California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, “How to Nominate Resources to the California Register of Historical Resources,” September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values • It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values.
5S3: Appears to be individually eligible for local listing or designation through survey evaluation Exhibit B
City Council 15 – 87 2/15/2022
State of California  The Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code_____________________________________
Other Listings_____________________________________________________________________ Review Code________ Reviewer________________________ Date_______________ Page _1_ of _3_ Resource name(s) or number (assigned by recorder) Burkett House P1. Other Identifier:
*P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad TCA 1725 Date: March 3, 2015
*c. Address 2311 North Santiago Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor’s Parcel Number 003-092-24 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in Park Santiago, the Burkett House is a one and a half-story single-family residential building constructed in the Tudor Revival style. The house is of interest as it is influenced by an unusual example of Tudor Revival featuring clapboard siding.

Asymmetrical in design, the house exhibits a front-facing gable with wing roof design of high pitch, with roof eaves of little to no overhang, clad in composition shingle roofing. The prominent front-facing gable is located along the north side and features a massive brick chimney with two chimney pots, extending past the roofline. The entryway is characterized by a non-original fulllight wood front door, accessed via a brick front porch walkway. Fenestration consists of multi-paned casement windows used on the primary elevation framed with shutters, while four-over-four double-hung windows are used along the north, south, and east elevations. Along the primary elevation, the second floor features a wide shed dormer with four multi-paned casement windows, also framed by shutters. The property is simply landscaped with a lawn, low vegetation and curved brick walkway through the front setback. The driveway is located along the south elevation and leads to the detached, one-story, two-car garage, also clad in clapboard siding. Other than the noted changes, the house appears intact and is in good condition. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-Family Residence *P4. Resources Present: Building Structure Object Site District Element of District Other West elevation, view east
September 2021
*P6. Date Constructed/Age and
Sources: historic
1926/ City of Santa Ana Building
Permits
*P7. Owner and Address:

Michelle Helvig
2311 North Santiago Street
Santa Ana, CA 92706
*P8. Recorded by:

Pedro Gomez
20 Civic Center Plaza M-20
Santa Ana, CA 92702
*P9. Date Recorded:

Noveember 4, 2021
*P10. Survey Type:

Intensive Survey Update
*P11. Report Citation: (Cite survey
report and other sources, or enter “none”)
None
*Attachments: None Location Map Sketch Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record  Other (list)
DPR 523A (1/95) *Required information
P5a. Photo
City Council 15 – 88 2/15/2022
State of California  The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________

BUILDING, STRUCTURE, AND OBJECT RECORD

Page 2 of 3 ends

*Resource Name or #: Burkett House
B1. Historic Name: Burkett House
B2. Common Name: Same
B3. Original Use: Single-Family Residence B4. Present Use: Single-Family Residence *B5. Architectural Style: Tudor Revival
*B6. Construction History: (Construction date, alterations, and date of alterations): January 28, 1926. Constructed. $7,000.

June 27, 1944. Fixtures for Mrs. Burkett by G. Cocking. $75.

August 11, 1972. Heater by Pacific Heating.

June 28, 1982. Water heater, backflow for M/M Wenot by Ron Riegling.

November 3, 1997. Tear off existing roofing and apply new comp shingle. $5,200.

September 29, 2021. Voluntary foundation strapping. $22,000. *B7. Moved? No Yes Unknown Date:__________ Original location:_______ _______ *B8. Related Features: Detached Garage.

B9a. Architect: Unknown b. Builder: Santora Land Co.
*B10. Significance: Theme Residential architecture Area Santa Ana Period of Significance: 1926 Property Type: Single-Family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Burkett House is architecturally significant as a unusual example of the Tudor Revival style. This house was originally constructed in 1926, and was valued at approximately $7,000 according to the original building permit. Constructed by Santora Land Company., the house remained under its original ownership for nearly three decades. The first recorded owners and occupants were Frederick A. Burkett, who went by “F.A. Burkett”, and Mabel Lillian Burkett. Mr. Burkett was involved in oil and was superintendent of various oil companies near Huntington Beach, CA. Mrs. Burkett was very active in Santa Ana women’s organizations such as Ebell and hosted “section events” in the home. The home was featured in the Santa Ana Register on Thursday June 2, 1927, “as an attractive home of Santa Ana.” The Burkett’s children, Fred Jr. Eleanor, Sarah Jane and JoAnn were socially and academically active and attended Southern California universities. The Burkett’s filed homestead on the property in 1958 and the home remained in the family for several years after the deaths of Fred Sr. and Mabel. Since then, the Burkett House has been occupied by various owners until the current homeowner purchased the home in 2021. (See Continuation Sheet 3 of 3.)
B11. Additional Resource Attributes: (List attributes and codes) *B12. References:

City of Santa Ana Building Permits
Santa Ana History Room Collection, Santa Ana Public Library (See Continuation Sheet 3 of 3.)
B13. Remarks:
*B14. Evaluator: Sydney Andrea Landers/Chattel Inc.
*Date of Evaluation: November 4, 2021
DPR 523B (1/95) *Required information
Sketch Map

(This space reserved for official comments.)
Burkett House
2311 North Santiago Street
N
City Council 15 – 89 2/15/2022
State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________

Page 3 ends

*Recorded by Pedro Gomez *Date November 4, 2021  Continuation  Update DPR 523L
*B10. Significance (continued):

The Burkett House is located in the Santiago Park neighborhood. The neighborhood is bounded by Santiago Creek and Park on the north, East Seventeenth Street on the south, North Lincoln Avenue on the east, North Main Street on the west, and the I-5 freeway on the southwest. In large part these boundaries reflect the transportation lines that were constructed towards the end of the nineteenth century and at the beginning of the twentieth century, when the Pacific Electric interurban railroad ran up Main Street; the Atchison, Topeka, and Santa Fe tracks followed Lincoln; and the Southern Pacific Railroad right-of-way mirrored the freeway route.

This area remained primarily agricultural well into the 1920s. As of 1905, the city directories listed around twenty households on East Santa Clara, Twentieth Street, “C Street” (now North Santiago Street), North Bush Street and North Main Avenue, the only streets in the area at the time. The vast majority of the residents were ranchers. By 1911, the number of households had increased to about thirty, and Edgewood Road and Valencia Street had been partially laid out, but most residents continued to list “rancher” or “fruit grower” as their occupation in the city directories. This pattern of land use was evident on the 1912 plat map of the City, which illustrated two small, Craftsman era subdivisions along Bush north of Santa Clara and on Valencia and Poinsettia south of Twentieth Street, with the remaining area divided into larger, agricultural parcels held by approximately forty landowners.

While the area east of Santiago Street was not subdivided until after the mid-1920s, most of the present day streets west of Santiago had been laid out when the City was mapped in 1923. Ranching continued to be the most prevalent occupation in the neighborhood, but increasing numbers of professionals, small business owners, merchants, and people in service professions such as painters, electricians, and carpenters made their homes in the western half of the neighborhood during the 1920s and 1930s. The area also attracted several city and county officials, including the City Attorney (Z. B. West, Jr., 321 East Santa Clara Avenue), County Supervisor, First District (C. H. Chapman, 2315 North Santiago Street), County Surveyor (E. H. Irwin, 2407 North Santiago Street), and County Auditor (William C. Jerome, 2422 Poinsettia Street). By April 1942, when the Sanborn Company first mapped the western half of the area, most of the lots had been improved with single-family homes, many in the revival styles popular during the 1920s and 1930s. Subsequent development of the eastern half of the neighborhood and infill construction in the western half displayed the simplified ranch style that emerged following World War II.

The Burkett House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact and representative example of a Tudor Revival style home. The house displays characteristics of the Tudor Revival through its high pitched multi gabled roof, shallow eaves, asymmetrical massing, multi-paned windows and prominent brick chimney. The house is also of interest as it is a unusual example of Tudor Revival featuring clapboard siding. The Burkett House has been categorized as “Contributive” because it “contributes to the overall character and history” of the Santiago Park neighborhood and “is a good example of period architecture,” representing the Tudor Revival style in Santa Ana (Santa Ana Municipal Code, Section 30-2.2). Character-defining features of the house include the one and a half-story massing, high pitched and side gabled roof; massive chimney; dormers; clapboard siding; roof eaves with little to no overhang; and multi-paned, casement windows framed with shutters.
*B12. References (continued):

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

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

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

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

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

Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969.

Santa Ana and Orange County Directories, 1905-2017.

Ancestry.com
Newspapers.com (Santa Ana Register)
Historic Maps, Santa Ana History Room, 1912, 1923, 1932, and 1955.

City Council 15 – 90 2/15/2022

MILLS ACT AGREEMENT
2311 North Santiago Street
Santa Ana, CA 92706
- 1 -
Exhibit C
Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S.

Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings, as follows:

1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose.

2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.

3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.

4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment.

These changes may have acquired significance in their own right, and this significance shall be recognized and respected.

5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity.

6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures.

7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.

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

9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with City Council 15 – 91 2/15/2022

MILLS ACT AGREEMENT
2311 North Santiago Street
Santa Ana, CA 92706
- 2 -
size, scale, color, material and character of the property, neighborhood, or environment.

10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired.

City Council 15 – 92 2/15/2022
Planning and Building Agency
Item # 4
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Historic Resources Commission Staff Report
November 4, 2021
Topic: HRCA No. 2021-23, HRC 2021-22, HPPA No. 2021-22 – The Burkett House

RECOMMENDED ACTION

1. Adopt a resolution approving Historic Resources Commission Application No. 2021- 23 and Historic Register Categorization No. 2021-22 (Exhibit 1).

2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Michelle Helvig, subject to non-substantive changes approved by the City Manager and City Attorney (Exhibit 2).

EXECUTIVE SUMMARY
Michelle Helvig is requesting approval to designate an existing residence located at 2311 North Santiago Street to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana.

DISCUSSION
Project Location and Site Description
The subject property is located on the east side of North Santiago Street in the Park Santiago neighborhood. The site contains a 2,240-square-foot, Tudor Revival style residence and detached garage on a 6,500-square-foot residential lot (Exhibit 3).

Analysis of the Issues
Historical Listing
In March 1999, the City Council approved Ordinance No. NS-2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties.

The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails Historic Resources Commission 4 – 1 11/4/2021
Exhibit 6
City Council 15 – 93 2/15/2022
HRCA No. 2021-23, HRC 2021-22, HPPA No. 2021-22 – Burkett House November 4, 2021

Page 2 ends

applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old.

The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code, as the structure is 95 years old and is a good example of period architecture. No known code violations exist on record for this property.

The Burkett House is architecturally significant as a characteristic example of the Tudor Revival style. This house was originally constructed in 1926, and was valued at approximately $7,000 according to the original building permit. Constructed by Santora Land Company, the house remained under its original ownership for nearly three decades. The first recorded owners and occupants were Frederick A. Burkett, who went by “F.A. Burkett,” and Mabel Lillian Burkett. Mr. Burkett was involved in oil and was superintendent of various oil companies near Huntington Beach. Mrs. Burkett was very active in Santa Ana women’s organizations such as Ebell and hosted “section events” in the home.

The Burkett House is a one and a half-story single-family residential building constructed in the Tudor Revival style. The house is of interest as it is influenced by an unusual example of Tudor Revival featuring clapboard siding. Asymmetrical in design, the house exhibits a front-facing gable with wing roof design of high pitch, with roof eaves of little to no overhang, clad in composition shingle roofing. The prominent frontfacing gable is located along the north side and features a massive brick chimney with two chimney pots, extending past the roofline. The entryway is characterized by a nonoriginal full-light wood front door, accessed via a brick front porch walkway. Fenestration consists of multi-paned casement windows used on the primary elevation framed with shutters, while four-over-four double-hung windows are used along the north, south, and east elevations. Along the primary elevation, the second floor features a wide shed dormer with four multi-paned casement windows, also framed by shutters. The property is simply landscaped with a lawn, low vegetation and curved brick walkway through the front setback. The driveway is located along the south elevation and leads to the detached, one-story, two-car garage, also clad in clapboard siding. Character-defining features of the house include the one and a half-story massing, high pitched and side gabled roof; massive chimney; dormers; clapboard siding; roof eaves with little to no overhang; and multi-paned, casement windows framed with shutters.

The Burkett House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact and representative example of a Tudor Revival style home.

The house displays characteristics of the Tudor Revival through its high-pitched multi gabled roof, shallow eaves, asymmetrical massing, multi-paned windows and prominent brick chimney. The house is also of interest as it is an unusual example of Tudor Revival Historic City Council Resources Commission 415––294 11/4/2021 2/15/2022 HRCA No. 2021-23, HRC 2021-22, HPPA No. 2021-22 – Burkett House November 4, 2021

Page 3 ends

featuring clapboard siding. The Burkett House has been categorized as “Contributive” because it “contributes to the overall character and history” of the Santiago Park neighborhood and “is a good example of period architecture,” representing the Tudor Revival style in Santa Ana.

Mills Act Agreement
Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 2). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner’s voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property’s assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include:
 Long term preservation of the property and visual improvement to the neighborhood  Allows for a mechanism to provide for property rehabilitation  Provides additional incentive for potential buyers to purchase historic structures  Discourages inappropriate alterations to the property The property has no identified unauthorized modifications. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement.

Public Notification
The subject site is located within the Park Santiago Neighborhood Association. The president of this Neighborhood Association was notified by mail 10 days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, has been received from any members of the public.

ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15331 of the CEQA Guidelines (Class 31 – Historical Resource Restoration/Rehabilitation) as these actions Historic City Council Resources Commission 415––395 11/4/2021 2/15/2022 HRCA No. 2021-23, HRC 2021-22, HPPA No. 2021-22 – Burkett House November 4, 2021

Page 4 ends

are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2021-102 will be filed for this project.

FISCAL IMPACT
The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $1,033.73 annually, for a period of not less than ten years.

EXHIBIT(S)

1. Resolution

2. Mills Act Agreement

3. 500-Foot Radius Map
Submitted By:

Pedro Gomez, AICP, Associate Planner
Approved By:

Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency
Historic City Council Resources Commission 415––496 11/4/2021 2/15/2022

FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2021-XXX

Page 1 of 4 ends

RESOLUTION NO. 2021-XXX

A RESOLUTION OF THE HISTORIC RESOURCES

COMMISSION OF THE CITY OF SANTA ANA APPROVING

HISTORIC RESOURCES COMMISSION APPLICATION
NO. 2021-23 TO PLACE THE PROPERTY LOCATED AT
2311 NORTH SANTIAGO STREET, SANTA ANA, ON THE

HISTORICAL REGISTER AND APPROVING HISTORIC
REGISTER CATEGORIZATION NO. 2021-22 PLACING

SAID PROPERTY WITHIN THE CONTRIBUTIVE

CATEGORY

BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS:

Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines, and declares as follows:

A. On November 4, 2021, the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2021-23) and categorization (Historic Resources Commission Categorization No. 2021-22) of the Burkett House located at 2311 North Santiago Street, Santa Ana.

B. The Burkett House has distinctive architectural features of the Tudor Revival style and was built in 1926.

C. The Burkett House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact and representative example of a Tudor Revival style home. The house displays characteristics of the Tudor Revival through its high-pitched multi gabled roof, shallow eaves, asymmetrical massing, multi-paned windows and prominent brick chimney. The house is also of interest as it is an unusual example of Tudor Revival featuring clapboard siding. The Burkett House has been categorized as “Contributive” because it “contributes to the overall character and history” of the Santiago Park neighborhood and “is a good example of period architecture,” representing the Tudor Revival style in Santa Ana. Character-defining features of the house include the one and a half-story massing, high pitched and side gabled roof; massive chimney; dormers; clapboard siding; roof eaves with little to no overhang; and multi-paned, casement windows framed with shutters.

D. The legal owner of the property is Michelle Helvig.

E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein.

Historic City Council Resources Commission 415––597 11/4/2021 2/15/2022

FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2021-XXX

Page 2 of 4 ends

F. The subject property meets the standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code.

G. The subject property meets the minimal standards for placement in the Contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code.

Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under CEQA Guidelines Section 15331, Class 31, as these actions are designed to preserve historical resources.

Categorical Exemption No. ER-2021-102 will be filed for this project.

Section 3. The Historic Resources Commission of the City of Santa Ana, after conducting the public hearing, hereby approves:

A. Historic Resources Commission Application No. 2021-23 to place the Burkett House located at 2311 North Santiago Street, Santa Ana, 92706 on the historical register, and
B. Historic Register Categorization No. 2021-22 placing the Burkett House located at 2311 North Santiago Street, Santa Ana, 92706 within the Contributive category.

These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto, the report entitled “Historical Property Description,” and the public testimony, all of which are incorporated herein by this reference.

Section 4. For the subject property, a report entitled “Historical Property Description” is on file with the Planning Division, and is hereby approved and adopted, and together with the staff report and this Resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this Resolution in the City of Santa Ana Register of Historical Properties.

Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder’s Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029.

ADOPTED this 4th day of November, 2021.
__________________________
Tim Rush
Chairperson

Historic City Council Resources Commission 415––698 11/4/2021 2/15/2022

FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2021-XXX

Page 3 of 4 ends

APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By:________________________
John M. Funk
Sr. Assistant City Attorney
AYES: Commission members____________________________________ NOES: Commission members___________________________________ ABSTAIN: Commission members___________________________________ NOT PRESENT: Commission members___________________________________

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, SARAH BERNAL, Historic Resources Commission Secretary, do hereby attest to and certify the attached Resolution No. 2021-XXX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on November 4, 2021.

Date: ________________ ____________________________________ Commission Secretary
City of Santa Ana
Historic City Council Resources Commission 415––799 11/4/2021 2/15/2022

FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2021-XXX

Page 4 of 4 ends

EXHIBIT A

LEGAL DESCRIPTION
APN Address Legal Description Owner Names
003-092-24 2311 North Santiago
Street

THE LAND REFERRED TO

HEREIN BELOW IS

SITUATED IN THE CITY OF

SANTA ANA, COUNTY OF

ORANGE, STATE OF

CALIFORNIA AND IS
DESCRIBED AS FOLLOWS:

LOT 16 IN BLOCK “A” OF
TRACT NO. 378, IN THE CITY

OF SANTA ANA, COUNTY OF

ORANGE, STATE OF

CALIFORNIA, AS PER MAP
RECORDED IN BOOK 16,
PAGE 4, OR

MISCELLANEOUS MAPS, IN

THE OFFICE OF THE

COUNTY RECORDER OF
SAID COUNTY.

Michelle Helvig
Historic City Council Resources Commission 415––8100 11/4/2021 2/15/2022

MILLS ACT AGREEMENT
2311 North Santiago Street
Santa Ana, CA 92706
- 1 -

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

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

HISTORIC PROPERTY PRESERVATION AGREEMENT
This Historic Property Preservation Agreement (“Agreement”) is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as “City”), and Michelle Helvig, a single woman, (hereinafter collectively referred to as “Owner”), owner of real property located at 2311 North Santiago Street, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties.

RECITALS
A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the “Mills Act”) to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity.

B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2311 North Santiago Street, Santa Ana, CA, 92706 and more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference, and hereinafter referred to as the “Historic Property”.

C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code.

D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner.

Historic City Council Resources Commission 415––9101 11/4/2021 2/15/2022

MILLS ACT AGREEMENT
2311 North Santiago Street
Santa Ana, CA 92706
- 2 -
E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code.

NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows:

1. Effective Date and Terms of Agreement.

This Agreement shall be effective and commence on January 19, 2022, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below.

2. Renewal.
a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein.
b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party.

Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein.
c. Within 30 days from receipt of City’s notice of nonrenewal, the Owner may file a written protest of City’s decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply.

3. Standards and Conditions for Historic Property.

During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions:
a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its characterdefining features described in the “Historical Property Description” attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City.

Historic City Council Resources Commission 415––10102 11/4/2021 2/15/2022

MILLS ACT AGREEMENT
2311 North Santiago Street
Santa Ana, CA 92706
- 3 -
b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior’s Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition.
c. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior’s Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner’s compliance with the terms and provisions of this Agreement.

4. Furnishing of Information.

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

5. Cancellation.
a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 ½) percent by Government Code Section 50286) of the current fair market value of the Historic City Council Resources Commission 415––11103 11/4/2021 2/15/2022

MILLS ACT AGREEMENT
2311 North Santiago Street
Santa Ana, CA 92706
- 4 -
property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement.
b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288.

6. Enforcement of Agreement.
a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate.
b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City’s regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder.

7. Binding effect of Agreement.
a. Owner hereby subjects the Historic Property, located at 2311 North Santiago Street, Assessor Parcel Number, 003-092-24, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement.
b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner’s successors and assigns in title or interest to the Historic Historic City Council Resources Commission 415––12104 11/4/2021 2/15/2022

MILLS ACT AGREEMENT
2311 North Santiago Street
Santa Ana, CA 92706
- 5 -
Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument.

8. No Compensation.

Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property.

9. Notice.

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

City: City of Santa Ana
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Attn: Clerk of the Council
Owners: Michelle Helvig
2311 North Santiago Street
Santa Ana, CA 92706

10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise.
b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property.

Historic City Council Resources Commission 415––13105 11/4/2021 2/15/2022

MILLS ACT AGREEMENT
2311 North Santiago Street
Santa Ana, CA 92706
- 6 -
c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney’s fees to be fixed by the court, in addition to court costs and other relief ordered by the court.
f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby.
g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County.

11. Recordation.

No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange.

12. Amendments.

This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto.

13. Effective Date
This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows}
Historic City Council Resources Commission 415––14106 11/4/2021 2/15/2022

MILLS ACT AGREEMENT
2311 North Santiago Street
Santa Ana, CA 92706
- 7 -
ATTEST: CITY OF SANTA ANA
________________________ _________________________

DAISY GOMEZ KRISTINE RIDGE
Clerk of the Council City Manager
OWNER
Date: ___________________ By:__________________

MICHELLE HELVIG
APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL:

SONIA CARVALHO
City Attorney
By: _____________________ _____________________
JOHN M. FUNK MINH THAI
Assistant City Attorney Executive Director
Planning and Building Agency
Historic City Council Resources Commission 415––15107 11/4/2021 2/15/2022

MILLS ACT AGREEMENT
2311 North Santiago Street
Santa Ana, CA 92706
- 8 -

EXHIBIT A

LEGAL DESCRIPTION

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

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

LOT 16 IN BLOCK “A” OF TRACT NO. 378, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 16, PAGE 4, OR

MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

Assessor’s Parcel Number: 003-092-24
Historic City Council Resources Commission 415––16108 11/4/2021 2/15/2022

EXECUTIVE SUMMARY
Burkett House
2311 N. Santiago Street
Santa Ana, CA 92706
NAME Burkett House REF. NO.

ADDRESS 2311 N. Santiago Street
CITY Santa Ana ZIP 92706 ORANGE COUNTY
YEAR BUILT 1926 LOCAL REGISTER CATEGORY: Contributive
HISTORIC DISTRICT N/A NEIGHBORHOOD Park Santiago
CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: Not for Publication Unrestricted
Prehistoric Historic Both
ARCHITECTURAL STYLE: Tudor Revival
The Tudor Revival looked to medieval England for its inspiration. Signature features of the style include steeply pitched gables; decorative half-timbering; arched openings, often Tudor or Gothic in form; asymmetrical arrangements of building features; tall brick chimneys; and picturesque windows of leaded glass or diamond patterned lights. The more ambitious examples of the Tudor Revival were executed in brick or even stone; however, stucco over wood frame is quite common in the forgiving climate of southern California. The Tudor Revival was favored primarily for residential buildings, although small scale commercial buildings in the style also occur. Originating in the late 19th century, the Tudor Revival was associated with some Craftsman era building but was most popular during the 1920s and 1930s.

SUMMARY/CONCLUSION:

The Burkett House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact and representative example of a Tudor Revival style home. The house is also of interest as it is a unusual example of Tudor Revival featuring clapboard siding. The Burkett House has been categorized as “Contributive” because it “contributes to the overall character and history” of the Park Santiago neighborhood and “is a good example of period architecture,” representing the Tudor Revival style in Santa Ana (Santa Ana Municipal Code, Section 30-2.2).

EXPLANATION OF CODES:
 California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, “How to Nominate Resources to the California Register of Historical Resources,” September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values  It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values.
5S3: Appears to be individually eligible for local listing or designation through survey evaluation Historic City Council Resources Commission 415––17109 11/4/2021 2/15/2022 State of California  The Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code_____________________________________
Other Listings_____________________________________________________________________ Review Code________ Reviewer________________________ Date_______________ Page _1_ of _3_ Resource name(s) or number (assigned by recorder) Burkett House P1. Other Identifier:
*P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad TCA 1725 Date: March 3, 2015
*c. Address 2311 North Santiago Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor’s Parcel Number 003-092-24 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in Park Santiago, the Burkett House is a one and a half-story single-family residential building constructed in the Tudor Revival style. The house is of interest as it is influenced by an unusual example of Tudor Revival featuring clapboard siding.

Asymmetrical in design, the house exhibits a front-facing gable with wing roof design of high pitch, with roof eaves of little to no overhang, clad in composition shingle roofing. The prominent front-facing gable is located along the north side and features a massive brick chimney with two chimney pots, extending past the roofline. The entryway is characterized by a non-original fulllight wood front door, accessed via a brick front porch walkway. Fenestration consists of multi-paned casement windows used on the primary elevation framed with shutters, while four-over-four double-hung windows are used along the north, south, and east elevations. Along the primary elevation, the second floor features a wide shed dormer with four multi-paned casement windows, also framed by shutters. The property is simply landscaped with a lawn, low vegetation and curved brick walkway through the front setback. The driveway is located along the south elevation and leads to the detached, one-story, two-car garage, also clad in clapboard siding. Other than the noted changes, the house appears intact and is in good condition. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-Family Residence *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date)
West elevation, view east
September 2021
*P6. Date Constructed/Age and
Sources: historic
1926/ City of Santa Ana Building
Permits
*P7. Owner and Address:

Michelle Helvig
2311 North Santiago Street
Santa Ana, CA 92706
*P8. Recorded by:

Pedro Gomez
20 Civic Center Plaza M-20
Santa Ana, CA 92702
*P9. Date Recorded:

Noveember 4, 2021
*P10. Survey Type:

Intensive Survey Update
*P11. Report Citation: (Cite survey
report and other sources, or enter “none”)
None
*Attachments: None Location Map Sketch Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record  Other (list)
DPR 523A (1/95) *Required information
P5a. Photo
Historic City Council Resources Commission 415––18110 11/4/2021 2/15/2022 State of California  The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________

BUILDING, STRUCTURE, AND OBJECT RECORD

Page 2 of 3 ends

*Resource Name or #: Burkett House
B1. Historic Name: Burkett House
B2. Common Name: Same
B3. Original Use: Single-Family Residence B4. Present Use: Single-Family Residence *B5. Architectural Style: Tudor Revival
*B6. Construction History: (Construction date, alterations, and date of alterations): January 28, 1926. Constructed. $7,000.

June 27, 1944. Fixtures for Mrs. Burkett by G. Cocking. $75.

August 11, 1972. Heater by Pacific Heating.

June 28, 1982. Water heater, backflow for M/M Wenot by Ron Riegling.

November 3, 1997. Tear off existing roofing and apply new comp shingle. $5,200.

September 29, 2021. Voluntary foundation strapping. $22,000. *B7. Moved? No Yes Unknown Date:__________ Original location:_______ _______ *B8. Related Features: Detached Garage.

B9a. Architect: Unknown b. Builder: Santora Land Co.
*B10. Significance: Theme Residential architecture Area Santa Ana Period of Significance: 1926 Property Type: Single-Family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Burkett House is architecturally significant as a unusual example of the Tudor Revival style. This house was originally constructed in 1926, and was valued at approximately $7,000 according to the original building permit. Constructed by Santora Land Company., the house remained under its original ownership for nearly three decades. The first recorded owners and occupants were Frederick A. Burkett, who went by “F.A. Burkett”, and Mabel Lillian Burkett. Mr. Burkett was involved in oil and was superintendent of various oil companies near Huntington Beach, CA. Mrs. Burkett was very active in Santa Ana women’s organizations such as Ebell and hosted “section events” in the home. The home was featured in the Santa Ana Register on Thursday June 2, 1927, “as an attractive home of Santa Ana.” The Burkett’s children, Fred Jr. Eleanor, Sarah Jane and JoAnn were socially and academically active and attended Southern California universities. The Burkett’s filed homestead on the property in 1958 and the home remained in the family for several years after the deaths of Fred Sr. and Mabel. Since then, the Burkett House has been occupied by various owners until the current homeowner purchased the home in 2021. (See Continuation Sheet 3 of 3.)
B11. Additional Resource Attributes: (List attributes and codes) *B12. References:

City of Santa Ana Building Permits
Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps
(See Continuation Sheet 3 of 3.)
B13. Remarks:
*B14. Evaluator: Sydney Andrea Landers/Chattel Inc.
*Date of Evaluation: November 4, 2021
DPR 523B (1/95) *Required information
Sketch Map
(This space reserved for official comments.)
Burkett House
2311 North Santiago Street
N
Historic City Council Resources Commission 415––19111 11/4/2021 2/15/2022 State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________

Page 3 ends

*Recorded by Pedro Gomez *Date November 4, 2021  Continuation  Update DPR 523L
*B10. Significance (continued):

The Burkett House is located in the Santiago Park neighborhood. The neighborhood is bounded by Santiago Creek and Park on the north, East Seventeenth Street on the south, North Lincoln Avenue on the east, North Main Street on the west, and the I-5 freeway on the southwest. In large part these boundaries reflect the transportation lines that were constructed towards the end of the nineteenth century and at the beginning of the twentieth century, when the Pacific Electric interurban railroad ran up Main Street; the Atchison, Topeka, and Santa Fe tracks followed Lincoln; and the Southern Pacific Railroad right-of-way mirrored the freeway route.

This area remained primarily agricultural well into the 1920s. As of 1905, the city directories listed around twenty households on East Santa Clara, Twentieth Street, “C Street” (now North Santiago Street), North Bush Street and North Main Avenue, the only streets in the area at the time. The vast majority of the residents were ranchers. By 1911, the number of households had increased to about thirty, and Edgewood Road and Valencia Street had been partially laid out, but most residents continued to list “rancher” or “fruit grower” as their occupation in the city directories. This pattern of land use was evident on the 1912 plat map of the City, which illustrated two small, Craftsman era subdivisions along Bush north of Santa Clara and on Valencia and Poinsettia south of Twentieth Street, with the remaining area divided into larger, agricultural parcels held by approximately forty landowners.

While the area east of Santiago Street was not subdivided until after the mid-1920s, most of the present day streets west of Santiago had been laid out when the City was mapped in 1923. Ranching continued to be the most prevalent occupation in the neighborhood, but increasing numbers of professionals, small business owners, merchants, and people in service professions such as painters, electricians, and carpenters made their homes in the western half of the neighborhood during the 1920s and 1930s. The area also attracted several city and county officials, including the City Attorney (Z. B. West, Jr., 321 East Santa Clara Avenue), County Supervisor, First District (C. H. Chapman, 2315 North Santiago Street), County Surveyor (E. H. Irwin, 2407 North Santiago Street), and County Auditor (William C. Jerome, 2422 Poinsettia Street). By April 1942, when the Sanborn Company first mapped the western half of the area, most of the lots had been improved with single-family homes, many in the revival styles popular during the 1920s and 1930s. Subsequent development of the eastern half of the neighborhood and infill construction in the western half displayed the simplified ranch style that emerged following World War II.

The Burkett House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact and representative example of a Tudor Revival style home. The house displays characteristics of the Tudor Revival through its high pitched multi gabled roof, shallow eaves, asymmetrical massing, multi-paned windows and prominent brick chimney. The house is also of interest as it is a unusual example of Tudor Revival featuring clapboard siding. The Burkett House has been categorized as “Contributive” because it “contributes to the overall character and history” of the Santiago Park neighborhood and “is a good example of period architecture,” representing the Tudor Revival style in Santa Ana (Santa Ana Municipal Code, Section 30-2.2). Character-defining features of the house include the one and a half-story massing, high pitched and side gabled roof; massive chimney; dormers; clapboard siding; roof eaves with little to no overhang; and multi-paned, casement windows framed with shutters.
*B12. References (continued):

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

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

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

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

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

Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969.

Santa Ana and Orange County Directories, 1905-2017.

Ancestry.com
Newspapers.com (Santa Ana Register)
Historic Maps, Santa Ana History Room, 1912, 1923, 1932, and 1955.

Historic City Council Resources Commission 415––20112 11/4/2021 2/15/2022

MILLS ACT AGREEMENT
2311 North Santiago Street
Santa Ana, CA 92706
- 1 -
Exhibit C
Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S.

Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings, as follows:

1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose.

2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.

3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.

4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment.

These changes may have acquired significance in their own right, and this significance shall be recognized and respected.

5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity.

6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures.

7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.

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

9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with Historic City Council Resources Commission 415––21113 11/4/2021 2/15/2022

MILLS ACT AGREEMENT
2311 North Santiago Street
Santa Ana, CA 92706
- 2 -
size, scale, color, material and character of the property, neighborhood, or environment.

10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired.

Historic City Council Resources Commission 415––22114 11/4/2021 2/15/2022

HRC 2021-22/ HRCA 2021-23/ HPPA 2021-22
2311 NORTH SANTIAGO STREET

BURKETT HOUSE

P L A N N I N G AND B U I L D I N G A G E N C Y
500’ RADIUS
SITE
Historic City Council Resources Commission 415––23115 11/4/2021 2/15/2022

O R A N G E C O U N T Y R E P O R T E R
OR#
~SINCE 1921~
To the right is a copy of the notice you sent to us for publication in the ORANGE COUNTY REPORTER. Thank you for using our newspaper. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are):

Daily Journal Corporation
Serving your legal advertising needs throughout California.

Mailing Address : 600 W SANTA ANA BLVD, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841
Visit us @ www.LegalAdstore.com

CITY OF SANTA ANA PLANNING

CITY OF SANTA ANA/PLANNING & BUILDING
20 CIVIC CENTER PLAZA 2ND FLR
SANTA ANA, CA 92702

GPN GOVT PUBLIC NOTICE
2311 N. Santiago
10/22/2021
Publication
Total
$117.80
$117.80
ORANGE COUNTY REPORTER, SANTA ANA (714) 543-2027
BUSINESS JOURNAL, RIVERSIDE (951) 784-0111
DAILY COMMERCE, LOS ANGELES (213) 229-5300
LOS ANGELES DAILY JOURNAL, LOS ANGELES (213) 229-5300
SAN FRANCISCO DAILY JOURNAL, SAN FRANCISCO (800) 640-4829 SAN JOSE POST-RECORD, SAN JOSE (408) 287-4866
THE DAILY RECORDER, SACRAMENTO (916) 444-2355
THE DAILY TRANSCRIPT, SAN DIEGO (619) 232-3486
THE INTER-CITY EXPRESS, OAKLAND (510) 272-4747
Notice Type:

Ad Description

COPY OF NOTICE
3523337
!A000005855664!
The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice.

NOTICE OF PUBLIC HEARING

BEFORE THE SANTA ANA HISTORIC

RESOURCES COMMISSION
The City of Santa Ana encourages the
public to participate in the decisionmaking process. We encourage you to contact us prior to the Public Hearing if
you have any questions.

Historic Resources Commission
Action: The Historic Resources
Commission will hold a Public Hearing to
receive public testimony, and will take
action on the item described below. Their
decision is final unless appealed to the
City Council within 10 days of the decision
by any interested party or group.

Project Location: 2311 North Santiago
Street (historically known as the Burkett
House) located in the Single Family
Residential (R-1) zoning district.

Project Applicant: Michelle Helvig
Project Description: The applicant is
requesting approval of Historic Resources
Commission Application No. 2021-23,
Historic Register Categorization No. 2021-
22, and Historic Property Preservation
Agreement No. 2021-22 to allow the
placement and categorization in the Santa
Ana Register of Historical Properties as
Contributive for the above mentioned
property and to execute a Historic
Property Preservation Agreement with the
City of Santa Ana.

Environmental Impact: In accordance
with the California Environmental Quality
Act, the recommended action is exempt
from further review under Section 15331,
Class 31 (Historical Resource
Restoration/Rehabilitation), as this action
is designed to preserve a historic
resource. Categorical Exemption No. ER- 2021-102 will be filed for this project. Meeting Details: This matter will be heard on Thursday, November 4, 2021, at 4:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in-person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa- ana.org/pb/meeting-particpation. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to [email protected] (reference the topic in the subject line) or mail to Sarah Bernal, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:00 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https://santa- ana.primegov.com/public/portal. Who To Contact For Questions: Should you have any questions, please contact Pedro Gomez with the Planning and Building Agency at PGomez@santa- ana.org or 714-667-2790 Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing
described in this notice, or in written
correspondence delivered to the Historic
Resources Commission or City Council of
the City of Santa Ana at, or prior to, the
public hearing.

Si tiene preguntas en español, favor de
llamar a Angelina Becerra al (714) 667-
2259.

Nu cn liên lc bng ting Vit, xin
in thoi cho Tony Lai s (714) 565-
2627.
10/22/21
OR-3523337#
Historic City Council Resources Commission 415––24116 11/4/2021 2/15/2022

CITY OF SANTA ANA
Planning and Building Agency
20 Civic Center Plaza ● P.O. Box 1988
Santa Ana, California 92702
www.santa-ana.org/pba

NOTICE OF PUBLIC HEARING

BEFORE THE SANTA ANA HISTORIC RESOURCES COMMISSION
The City of Santa Ana encourages the public to participate in the decision-making process. This notice is being sent to those who live or own property within 500 feet of the project site or who have expressed an interest in the proposed action. We encourage you to contact us prior to the Public Hearing if you have any questions.

Historic Resources Commission Action: The Historic Resources Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Their decision is final unless appealed to the City Council within 10 days of the decision by any interested party or group.

Project Location: 2311 North Santiago Street (historically known as the Burkett House) located in the Single Family Residential (R-1) zoning district.

Project Applicant: Michelle Helvig
Project Description: The applicant is requesting approval of Historic Resources Commission Application No. 2021-23, Historic Register Categorization No. 2021-22, and Historic Property Preservation Agreement No. 2021-22 to allow the placement and categorization in the Santa Ana Register of Historical Properties as Contributive for the above mentioned property and to execute a Historic Property Preservation Agreement with the City of Santa Ana.

Environmental Impact: In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under Section 15331, Class 31 (Historical Resource Restoration/Rehabilitation), as this action is designed to preserve a historic resource. Categorical Exemption No. ER-2021-102 will be filed for this project.

Meeting Details: This matter will be heard on Thursday, November 4, 2021, at 4:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in-person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa-ana.org/pb/meeting-particpation.

Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to [email protected] (reference the topic in the subject line) or mail to Sarah Bernal, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701.

Deadline to submit written comments is 3:00 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record.

Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https://santa-ana.primegov.com/public/portal.

Historic City Council Resources Commission 415––25117 11/4/2021 2/15/2022 Who To Contact For Questions: Should you have any questions, please contact Pedro Gomez with the Planning and Building Agency at [email protected] or 714-667-2790 Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Historic Resources Commission or City Council of the City of Santa Ana at, or prior to, the public hearing.

Si tiene preguntas en español, favor de llamar a Pedro Gomez al (714) 667-2790.

Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627.

Publish: OC Reporter
Date: October 22, 2021
SITE
Historic City Council Resources Commission 415––26118 11/4/2021 2/15/2022 On-Site Posting – 2311 N. Santiago Street – 10.25.21
Historic City Council Resources Commission 415––27119 11/4/2021 2/15/2022 On-Site Posting – 2311 N. Santiago Street – 10.25.21
Historic City Council Resources Commission 415––28120 11/4/2021 2/15/2022 - 1 -

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

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

HISTORIC PROPERTY PRESERVATION AGREEMENT
This Historic Property Preservation Agreement (“Agreement”) is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as “City”), and Behzad Samavati and Deanna Kashani, husband and wife as community property with right of survivorship, (hereinafter collectively referred to as “Owner”), owner of real property located at 2397 North Flower Street, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties.

RECITALS
A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the “Mills Act”) to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity.

B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2397 North Flower Street, Santa Ana, CA, 92706 and more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference, and hereinafter referred to as the “Historic Property”.

C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code.

D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner.

Exhibit 7
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E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code.

NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows:

1. Effective Date and Terms of Agreement.

This Agreement shall be effective and commence on February 16, 2022, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below.

2. Renewal.
a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein.
b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party.

Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein.
c. Within 30 days from receipt of City’s notice of nonrenewal, the Owner may file a written protest of City’s decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply.

3. Standards and Conditions for Historic Property.

During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions:
a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its characterdefining features described in the “Historical Property Description” attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City.

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b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior’s Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition.
c. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior’s Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner’s compliance with the terms and provisions of this Agreement.

4. Furnishing of Information.

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

5. Cancellation.
a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 ½) percent by Government Code Section 50286) of the current fair market value of the City Council 15 – 123 2/15/2022
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property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement.
b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288.

6. Enforcement of Agreement.
a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate.
b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City’s regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder.

7. Binding effect of Agreement.
a. Owner hereby subjects the Historic Property, located at 2397 North Flower Street, Assessor Parcel Number, 002-073-10, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement.
b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner’s successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying City Council 15 – 124 2/15/2022
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the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument.

8. No Compensation.

Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property.

9. Notice.

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

City: City of Santa Ana
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Attn: Clerk of the Council
Owners: Behzad Samavati and Deanna Kashani
2397 North Flower Street
Santa Ana, CA 92706

10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise.
b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property.

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c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney’s fees to be fixed by the court, in addition to court costs and other relief ordered by the court.
f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby.
g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County.

11. Recordation.

No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange.

12. Amendments.

This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto.

13. Effective Date
This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows}
City Council 15 – 126 2/15/2022
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ATTEST: CITY OF SANTA ANA
________________________ _________________________

DAISY GOMEZ KRISTINE RIDGE
Clerk of the Council City Manager
OWNER
Date: ___________________ By:__________________

BEHZAD SAMAVATI
Date: ___________________ By:__________________

DEANNA KASHANI
APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL:

SONIA CARVALHO
City Attorney
_____________________

MINH THAI
By: _____________________
JOHN M. FUNK
Sr. Assistant City Attorney Executive Director
Planning and Building Agency
City Council 15 – 127 2/15/2022
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EXHIBIT A

LEGAL DESCRIPTION

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

LOT 53 OF TRACT NO. 754, AS RECORDED IN BOOK 22, PAGE 37 OF

MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

Assessor’s Parcel Number: 002-073-10
City Council 15 – 128 2/15/2022

EXECUTIVE SUMMARY
H.A. Smith House
2397 N. Flower Street
Santa Ana, CA 92706
NAME H.A. Smith House REF. NO.

ADDRESS 2397 N. Flower street
CITY Santa Ana ZIP 92706 ORANGE COUNTY
YEAR BUILT 1931 LOCAL REGISTER CATEGORY: Contributive
HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park
CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: Not for Publication Unrestricted
Prehistoric Historic Both
ARCHITECTURAL STYLE: Tudor Revival
The Tudor Revival looked to medieval England for its inspiration. Signature features of the style include steeply pitched gables; decorative half-timbering; arched openings, often Tudor or Gothic in form; asymmetrical arrangements of building features; tall brick chimneys; and picturesque windows of leaded glass or diamond patterned lights. The more ambitious examples of the Tudor Revival were executed in brick or even stone; however, stucco over wood frame is quite common in the forgiving climate of southern California. The Tudor Revival was favored primarily for residential buildings, although small scale commercial buildings in the style also occur. Originating in the late 19th century, the Tudor Revival was associated with some Craftsman era building but was most popular during the 1920s and 1930s.

SUMMARY/CONCLUSION:

The H.A. Smith House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Tudor Revival home. Additionally, the house has been categorized as “Contributive” because it “contributes to the overall character and history” of the Floral Park neighborhood and “is a good example of period architecture,” representing the Tudor Revival style in Santa Ana (Santa Ana Municipal Code, Section 30-2.2).

EXPLANATION OF CODES:
• California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, “How to Nominate Resources to the California Register of Historical Resources,” September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values • It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values.
5S3: Appears to be individually eligible for local listing or designation through survey evaluation Exhibit B
City Council 15 – 129 2/15/2022
State of California  The Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code_____________________________________
Other Listings_____________________________________________________________________ Review Code________ Reviewer________________________ Date_______________ Page _1_ of _3_ Resource name(s) or number (assigned by recorder) H.A. Smith House P1. Other Identifier:
*P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad TCA 1725 Date: March 3, 2015
*c. Address 2397 North Flower Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor’s Parcel Number 002-073-10 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in Floral Park, the H.A. Smith House is a one-story single-family residential building constructed in the front facing gable variant of the Tudor Revival style. Asymmetrical in design, the house exhibits a steeply pitched roof clad in composition shingle roofing. The exterior of the building is clad in hand-troweled stucco. The three-bay façade features a central, slightly recessed, wooden entry door and brick entrance stoop, tucked beneath the extended south rake of the projecting front gable wing that rests on an attached brick pier. A tapered, slightly raised chimney bisects the front gable and is capped by a course of bricks. Single, eight-light casement windows flanking the chimney. A triple casement window is located further to the north, beneath a side-gabled portion of the roof. Recessed on the south elevation, another side gable tops a projecting wing that contains a large, square, single-light fixed window on its façade. Fenestration on the side and rear elevations consists of multipaned casement windows. The property is simply landscaped with a mature tree, lawn, low vegetation and a curved walkway lined by hedges connecting the front porch and driveway. The driveway is located along the south elevation and leads to the detached, one-story, two-car garage, also clad in stucco. Alterations to the house include the additions of canvas awnings to the front entry and side elevation windows and rebuilding of the front stairs and stoop. The house appears intact and is in good condition.
*P3b. Resource Attributes: (list attributes and codes) HP2. Single-Family Residence *P4. Resources Present: Building Structure Object Site District Element of District Other West elevation, view east
September 2021
*P6. Date Constructed/Age and
Sources: historic
1931/ City of Santa Ana Building
Permits
*P7. Owner and Address:

Deanna Kashani and Behzad
Samavati
2397 North Flower Street
Santa Ana, CA 92706
*P8. Recorded by:

Pedro Gomez
20 Civic Center Plaza M-20
Santa Ana, CA 92702
*P9. Date Recorded:

November 4, 2021
*P10. Survey Type:

Intensive Survey Update
*P11. Report Citation: (Cite survey
report and other sources, or enter “none”)
None
*Attachments: None Location Map Sketch Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record  Other (list)
DPR 523A (1/95) *Required information
P5a. Photo
City Council 15 – 130 2/15/2022
State of California  The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________

BUILDING, STRUCTURE, AND OBJECT RECORD

Page 2 of 3 ends

*Resource Name or #: H.A. Smith House
B1. Historic Name: H.A. Smith House
B2. Common Name: Same
B3. Original Use: Single-Family Residence B4. Present Use: Single-Family Residence *B5. Architectural Style: Tudor Revival
*B6. Construction History: (Construction date, alterations, and date of alterations): October 29, 1931. Constructed. $3,500.

April 23, 1956. Termite repairs for C.H. Fuller by C.C. McLaughlin. $230.

August 1, 1957. Repair fire damage for J. Stodola by Marshall Welty. $2,000.

August 8, 1957. Plastering for J. Stodola by Hart.

October 22, 1962. Extend garage by J. Stodola. $200.

July 6, 1989. Re-roof with tear-off of residence and detached garage.

March 15, 2016. Tear-off existing roof and install new comp. shingles. $16,960. *B7. Moved? No Yes Unknown Date:__________ Original location:_______ _______ *B8. Related Features: Detached Garage.

B9a. Architect: Unknown b. Builder: Roy Russell
*B10. Significance: Theme Residential architecture Area Santa Ana Period of Significance: 1931 Property Type: Single-Family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The H.A. Smith House is architecturally significant as a characteristic example of the front facing gable variant of the Tudor Revival architectural style. It was built in 1931 for $3,500 by prominent developer and builder Roy Roscoe Russell (1881-1965).

Along with developer and builder Allison Honer (1897-1981), Roy Russell was credited as a subdivider and builder of a major portion of northwest Santa Ana. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The H.A. Smith House was first sold to Mr. and Mrs. H.A. Smith in 1932 and they lived on the property until mid-1950s. The property was sold to C.H. Fuller in 1955,who briefly resided on the property before selling it to J. Stodola in 1957. Little information is available regarding occupancy of the residence from 1960-1990's. However, during the 1990s Steven and Kathleen Cooper bought the property and resided there until 2021, when the property was sold to the current homeowners.
(See Continuation Sheet 3 of 3.)
B11. Additional Resource Attributes: (List attributes and codes) *B12. References:

City of Santa Ana Building Permits
Santa Ana History Room Collection, Santa Ana Public Library (See Continuation Sheet 3 of 3.)
B13. Remarks:
*B14. Evaluator: Sydney Andrea Landers/Chattel Inc.
*Date of Evaluation: November 4, 2021
DPR 523B (1/95) *Required information
Sketch Map

(This space reserved for official comments.)
H.A. Smith House
2397 North Flower Street
N
City Council 15 – 131 2/15/2022
State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________

Page 3 ends

*Recorded by Pedro Gomez *Date November 4, 2021  Continuation  Update DPR 523L
*B10. Significance (continued):

The H.A. Smith House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of orange, avocado, and walnut trees and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). “Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana” (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. “When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each” (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the El Toro Marine Base during World War II, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue.

In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park.

An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell’s own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War II years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, homes in the neighborhood were mostly developed in the revival style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2021) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens.

The H.A. Smith House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Tudor Revival home. The steeply pitched, complex roof, asymmetrical massing, prominent chimney, and multipaned windows are characteristics of this style. Additionally, the house has been categorized as “Contributive” because it “contributes to the overall character and history” of the Floral Park neighborhood and “is a good example of period architecture,” representing the Tudor Revival style in Santa Ana (Santa Ana Municipal Code, Section 30-2.2). Character-defining features of the house include its steeply pitched complex gable roof with no overhangs; multi-paned casement windows used on all elevations with fabric awnings; recessed entry; stucco exterior walls with brick trim, and prominent chimney. *B12. References (continued):

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

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

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

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

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

Santa Ana and Orange County Directories, 1905-2017.

Ancestry.com
Newspapers.com (Santa Ana Register)
Historic Maps, Santa Ana History Room, 1912, 1923, 1932, and 1955.

City Council 15 – 132 2/15/2022

MILLS ACT AGREEMENT
2397 North Flower Street
Santa Ana, CA 92706
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Exhibit C
Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S.

Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings, as follows:

1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose.

2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.

3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.

4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment.

These changes may have acquired significance in their own right, and this significance shall be recognized and respected.

5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity.

6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures.

7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.

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

9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with City Council 15 – 133 2/15/2022

MILLS ACT AGREEMENT
2397 North Flower Street
Santa Ana, CA 92706
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size, scale, color, material and character of the property, neighborhood, or environment.

10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired.

City Council 15 – 134 2/15/2022
Planning and Building Agency
Item # 5
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Historic Resources Commission Staff Report
November 4, 2021
Topic: HRCA No. 2021-24, HRC 2021-23, HPPA No. 2021-23 – The H.A. Smith House

RECOMMENDED ACTION

1. Adopt a resolution approving Historic Resources Commission Application No. 2021- 24 and Historic Register Categorization No. 2021-23 (Exhibit 1).

2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Deanna Kashani and Behzad Samavati, subject to non-substantive changes approved by the City Manager and City Attorney (Exhibit 2).

EXECUTIVE SUMMARY
Deanna Kashani and Behzad Samavati are requesting approval to designate an existing residence located at 2397 North Flower Street to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana.

DISCUSSION
Project Location and Site Description
The subject property is located on the east side of North Flower Street in the Floral Park neighborhood. The site contains a 1,423-square-foot, Tudor Revival style residence and detached garage on a 6,000-square-foot residential lot (Exhibit 3).

Analysis of the Issues
Historical Listing
In March 1999, the City Council approved Ordinance No. NS-2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties.

The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site Historic Resources Commission 5 – 1 11/4/2021
Exhibit 8
City Council 15 – 135 2/15/2022
HRCA No. 2021-24, HRC 2021-23, HPPA No. 2021-23 – H.A. Smith House November 4, 2021

Page 2 ends

having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old.

The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code, as the structure is 90 years old and is a good example of period architecture. No known code violations exist on record for this property.

The H.A. Smith House is architecturally significant as a characteristic example of the front facing gable variant of the Tudor Revival architectural style. It was built in 1931 for $3,500 by prominent developer and builder Roy Roscoe Russell. The H.A. Smith House was first sold to Mr. and Mrs. H.A. Smith in 1932 who lived on the property until mid-1950s. The property was sold to C.H. Fuller in 1955 who briefly resided on the property before selling it to J. Stodola in 1957.

The H.A. Smith House is a one-story single-family residential building constructed in the front facing gable variant of the Tudor Revival style. Asymmetrical in design, the house exhibits a steeply pitched roof clad in composition shingle roofing. The exterior of the building is clad in hand-troweled stucco. The three-bay façade features a central, slightly recessed, wooden entry door and brick entrance stoop, tucked beneath the extended south rake of the projecting front gable wing that rests on an attached brick pier. A tapered, slightly raised chimney bisects the front gable and is capped by a course of bricks. Single, eight-light casement windows flanking the chimney. A triple casement window is located further to the north, beneath a side-gabled portion of the roof. Recessed on the south elevation, another side gable tops a projecting wing that contains a large, square, single-light fixed window on its façade. Fenestration on the side and rear elevations consists of multi-paned casement windows. The property is simply landscaped with a mature tree, lawn, low vegetation and a curved walkway lined by hedges connecting the front porch and driveway. The driveway is located along the south elevation and leads to the detached, one-story, two-car garage, also clad in stucco. Alterations to the house include the additions of canvas awnings to the front entry and side elevation windows and rebuilding of the front stairs and stoop. The house appears intact and is in good condition. Character-defining features of the house include its steeply pitched complex gable roof with no overhangs; multi-paned casement windows used on all elevations with fabric awnings; recessed entry; stucco exterior walls with brick trim, and prominent chimney.

The H.A. Smith House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Tudor Revival home. The steeply pitched, complex roof, asymmetrical massing, prominent chimney, and multi-paned Historic City Council Resources Commission 515––2136 11/4/2021 2/15/2022 HRCA No. 2021-24, HRC 2021-23, HPPA No. 2021-23 – H.A. Smith House November 4, 2021

Page 3 ends

windows are characteristics of this style. Additionally, the house has been categorized as “Contributive” because it “contributes to the overall character and history” of the Floral Park neighborhood and “is a good example of period architecture,” representing the Tudor Revival style in Santa Ana
Mills Act Agreement
Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 2). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner’s voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property’s assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include:
 Long term preservation of the property and visual improvement to the neighborhood  Allows for a mechanism to provide for property rehabilitation  Provides additional incentive for potential buyers to purchase historic structures  Discourages inappropriate alterations to the property The property has no identified unauthorized modifications. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement.

Public Notification
The subject site is located within the Floral Park Neighborhood Association. The president of this Neighborhood Association was notified by mail 10 days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, has been received from any members of the public.

ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15331 of the CEQA Guidelines (Class 31 – Historical Resource Restoration/Rehabilitation) as these actions Historic City Council Resources Commission 515––3137 11/4/2021 2/15/2022 HRCA No. 2021-24, HRC 2021-23, HPPA No. 2021-23 – H.A. Smith House November 4, 2021

Page 4 ends

are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2021-103 will be filed for this project.

FISCAL IMPACT
The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $1,085.70 annually, for a period of not less than ten years.

EXHIBIT(S)

1. Resolution

2. Mills Act Agreement

3. 500-Foot Radius Map
Submitted By:

Pedro Gomez, AICP, Associate Planner
Approved By:

Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency
Historic City Council Resources Commission 515––4138 11/4/2021 2/15/2022

FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2021-XXX

Page 1 of 4 ends

RESOLUTION NO. 2021-XXX

A RESOLUTION OF THE HISTORIC RESOURCES

COMMISSION OF THE CITY OF SANTA ANA APPROVING

HISTORIC RESOURCES COMMISSION APPLICATION
NO. 2021-24 TO PLACE THE PROPERTY LOCATED AT
2397 NORTH FLOWER STREET, SANTA ANA, ON THE

HISTORICAL REGISTER AND APPROVING HISTORIC
REGISTER CATEGORIZATION NO. 2021-23 PLACING

SAID PROPERTY WITHIN THE CONTRIBUTIVE

CATEGORY

BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS:

Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines, and declares as follows:

A. On November 4, 2021, the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2021-24) and categorization (Historic Resources Commission Categorization No. 2021-23) of the H.A. Smith located at 2397 North Flower Street, Santa Ana.

B. The H.A. Smith has distinctive architectural features of the front facing gable variant of the Tudor Revival architectural style and was built in 1931.

C. The H.A. Smith House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Tudor Revival home. The steeply pitched, complex roof, asymmetrical massing, prominent chimney, and multi-paned windows are characteristics of this style. Additionally, the house has been categorized as “Contributive” because it “contributes to the overall character and history” of the Floral Park neighborhood and “is a good example of period architecture,” representing the Tudor Revival style in Santa Ana (Santa Ana Municipal Code, Section 30-2.2). Character-defining features of the house include its steeply pitched complex gable roof with no overhangs; multi-paned casement windows used on all elevations with fabric awnings; recessed entry; stucco exterior walls with brick trim, and prominent chimney.

D. The legal owners of the property are Deanna Kashani and Behzad Samavati.

E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein.

Historic City Council Resources Commission 515––5139 11/4/2021 2/15/2022

FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2021-XXX

Page 2 of 4 ends

F. The subject property meets the standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code.

G. The subject property meets the minimal standards for placement in the Contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code.

Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under CEQA Guidelines Section 15331, Class 31, as these actions are designed to preserve historical resources.

Categorical Exemption No. ER-2021-103 will be filed for this project.

Section 3. The Historic Resources Commission of the City of Santa Ana, after conducting the public hearing, hereby approves:

A. Historic Resources Commission Application No. 2021-24 to place the H.A.

Smith located at 2397 North Flower Street, Santa Ana, 92706 on the historical register, and
B. Historic Register Categorization No. 2021-23 placing the H.A. Smith located at 2397 North Flower Street, Santa Ana, 92706 within the Contributive category.

These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto, the report entitled “Historical Property Description,” and the public testimony, all of which are incorporated herein by this reference.

Section 4. For the subject property, a report entitled “Historical Property Description” is on file with the Planning Division, and is hereby approved and adopted, and together with the staff report and this Resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this Resolution in the City of Santa Ana Register of Historical Properties.

Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder’s Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029.

ADOPTED this 4th day of November, 2021.
__________________________
Tim Rush
Chairperson

Historic City Council Resources Commission 515––6140 11/4/2021 2/15/2022

FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2021-XXX

Page 3 of 4 ends

APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By:________________________
John M. Funk
Sr. Assistant City Attorney
AYES: Commission members____________________________________ NOES: Commission members___________________________________ ABSTAIN: Commission members___________________________________ NOT PRESENT: Commission members___________________________________

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, SARAH BERNAL, Historic Resources Commission Secretary, do hereby attest to and certify the attached Resolution No. 2021-XXX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on November 4, 2021.

Date: ________________ ____________________________________ Commission Secretary
City of Santa Ana
Historic City Council Resources Commission 515––7141 11/4/2021 2/15/2022

FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2021-XXX

Page 4 of 4 ends

EXHIBIT A

LEGAL DESCRIPTION
APN Address Legal Description Owner Names
002-073-10 2397 North Flower Street REAL PROPERTY IN THE

CITY OF SANTA ANA,

COUNTY OF ORANGE,

STATE OF CALIFORNIA,
DESCRIBED AS FOLLOWS:

LOT 53 OF TRACT NO. 754,
AS RECORDED IN BOOK 22,
PAGE 37 OF

MISCELLANEOUS MAPS, IN

THE OFFICE OF THE

COUNTY RECORDER OF
SAID COUNTY.

Deanna Kashani
and Behzad
Samavati
Historic City Council Resources Commission 515––8142 11/4/2021 2/15/2022

MILLS ACT AGREEMENT
2397 North Flower Street
Santa Ana, CA 92706
- 1 -

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

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

HISTORIC PROPERTY PRESERVATION AGREEMENT
This Historic Property Preservation Agreement (“Agreement”) is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as “City”), and Behzad Samavati and Deanna Kashani, husband and wife as community property with right of survivorship, (hereinafter collectively referred to as “Owner”), owner of real property located at 2397 North Flower Street, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties.

RECITALS
A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the “Mills Act”) to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity.

B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2397 North Flower Street, Santa Ana, CA, 92706 and more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference, and hereinafter referred to as the “Historic Property”.

C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code.

D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner.

Historic City Council Resources Commission 515––9143 11/4/2021 2/15/2022

MILLS ACT AGREEMENT
2397 North Flower Street
Santa Ana, CA 92706
- 2 -
E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code.

NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows:

1. Effective Date and Terms of Agreement.

This Agreement shall be effective and commence on January 19, 2022, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below.

2. Renewal.
a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein.
b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party.

Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein.
c. Within 30 days from receipt of City’s notice of nonrenewal, the Owner may file a written protest of City’s decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply.

3. Standards and Conditions for Historic Property.

During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions:
a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its characterdefining features described in the “Historical Property Description” attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City.

Historic City Council Resources Commission 515––10144 11/4/2021 2/15/2022

MILLS ACT AGREEMENT
2397 North Flower Street
Santa Ana, CA 92706
- 3 -
b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior’s Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition.
c. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior’s Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner’s compliance with the terms and provisions of this Agreement.

4. Furnishing of Information.

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

5. Cancellation.
a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 ½) percent by Government Code Section 50286) of the current fair market value of the Historic City Council Resources Commission 515––11145 11/4/2021 2/15/2022

MILLS ACT AGREEMENT
2397 North Flower Street
Santa Ana, CA 92706
- 4 -
property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement.
b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288.

6. Enforcement of Agreement.
a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate.
b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City’s regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder.

7. Binding effect of Agreement.
a. Owner hereby subjects the Historic Property, located at 2397 North Flower Street, Assessor Parcel Number, 002-073-10, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement.
b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner’s successors and assigns in title or interest to the Historic Historic City Council Resources Commission 515––12146 11/4/2021 2/15/2022

MILLS ACT AGREEMENT
2397 North Flower Street
Santa Ana, CA 92706
- 5 -
Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument.

8. No Compensation.

Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property.

9. Notice.

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

City: City of Santa Ana
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Attn: Clerk of the Council
Owners: Behzad Samavati and Deanna Kashani
2397 North Flower Street
Santa Ana, CA 92706

10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise.
b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property.

Historic City Council Resources Commission 515––13147 11/4/2021 2/15/2022

MILLS ACT AGREEMENT
2397 North Flower Street
Santa Ana, CA 92706
- 6 -
c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney’s fees to be fixed by the court, in addition to court costs and other relief ordered by the court.
f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby.
g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County.

11. Recordation.

No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange.

12. Amendments.

This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto.

13. Effective Date
This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows}
Historic City Council Resources Commission 515––14148 11/4/2021 2/15/2022

MILLS ACT AGREEMENT
2397 North Flower Street
Santa Ana, CA 92706
- 7 -
ATTEST: CITY OF SANTA ANA
________________________ _________________________

DAISY GOMEZ KRISTINE RIDGE
Clerk of the Council City Manager
OWNER
Date: ___________________ By:__________________

BEHZAD SAMAVATI
Date: ___________________ By:__________________

DEANNA KASHANI
APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL:

SONIA CARVALHO
City Attorney
By: _____________________ _____________________
JOHN M. FUNK MINH THAI
Assistant City Attorney Executive Director
Planning and Building Agency
Historic City Council Resources Commission 515––15149 11/4/2021 2/15/2022

MILLS ACT AGREEMENT
2397 North Flower Street
Santa Ana, CA 92706
- 8 -

EXHIBIT A

LEGAL DESCRIPTION

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

LOT 53 OF TRACT NO. 754, AS RECORDED IN BOOK 22, PAGE 37 OF

MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

Assessor’s Parcel Number: 002-073-10
Historic City Council Resources Commission 515––16150 11/4/2021 2/15/2022

EXECUTIVE SUMMARY
H.A. Smith House
2397 N. Flower Street
Santa Ana, CA 92706
NAME H.A. Smith House REF. NO.

ADDRESS 2397 N. Flower street
CITY Santa Ana ZIP 92706 ORANGE COUNTY
YEAR BUILT 1931 LOCAL REGISTER CATEGORY: Contributive
HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park
CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: Not for Publication Unrestricted
Prehistoric Historic Both
ARCHITECTURAL STYLE: Tudor Revival
The Tudor Revival looked to medieval England for its inspiration. Signature features of the style include steeply pitched gables; decorative half-timbering; arched openings, often Tudor or Gothic in form; asymmetrical arrangements of building features; tall brick chimneys; and picturesque windows of leaded glass or diamond patterned lights. The more ambitious examples of the Tudor Revival were executed in brick or even stone; however, stucco over wood frame is quite common in the forgiving climate of southern California. The Tudor Revival was favored primarily for residential buildings, although small scale commercial buildings in the style also occur. Originating in the late 19th century, the Tudor Revival was associated with some Craftsman era building but was most popular during the 1920s and 1930s.

SUMMARY/CONCLUSION:

The H.A. Smith House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Tudor Revival home. Additionally, the house has been categorized as “Contributive” because it “contributes to the overall character and history” of the Floral Park neighborhood and “is a good example of period architecture,” representing the Tudor Revival style in Santa Ana (Santa Ana Municipal Code, Section 30-2.2).

EXPLANATION OF CODES:
 California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, “How to Nominate Resources to the California Register of Historical Resources,” September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values  It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values.
5S3: Appears to be individually eligible for local listing or designation through survey evaluation Historic City Council Resources Commission 515––17151 11/4/2021 2/15/2022 State of California  The Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code_____________________________________
Other Listings_____________________________________________________________________ Review Code________ Reviewer________________________ Date_______________ Page _1_ of _3_ Resource name(s) or number (assigned by recorder) H.A. Smith House P1. Other Identifier:
*P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad TCA 1725 Date: March 3, 2015
*c. Address 2397 North Flower Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor’s Parcel Number 002-073-10 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in Floral Park, the H.A. Smith House is a one-story single-family residential building constructed in the front facing gable variant of the Tudor Revival style. Asymmetrical in design, the house exhibits a steeply pitched roof clad in composition shingle roofing. The exterior of the building is clad in hand-troweled stucco. The three-bay façade features a central, slightly recessed, wooden entry door and brick entrance stoop, tucked beneath the extended south rake of the projecting front gable wing that rests on an attached brick pier. A tapered, slightly raised chimney bisects the front gable and is capped by a course of bricks. Single, eight-light casement windows flanking the chimney. A triple casement window is located further to the north, beneath a side-gabled portion of the roof. Recessed on the south elevation, another side gable tops a projecting wing that contains a large, square, single-light fixed window on its façade. Fenestration on the side and rear elevations consists of multipaned casement windows. The property is simply landscaped with a mature tree, lawn, low vegetation and a curved walkway lined by hedges connecting the front porch and driveway. The driveway is located along the south elevation and leads to the detached, one-story, two-car garage, also clad in stucco. Alterations to the house include the additions of canvas awnings to the front entry and side elevation windows and rebuilding of the front stairs and stoop. The house appears intact and is in good condition.
*P3b. Resource Attributes: (list attributes and codes) HP2. Single-Family Residence *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date)
West elevation, view east
September 2021
*P6. Date Constructed/Age and
Sources: historic
1931/ City of Santa Ana Building
Permits
*P7. Owner and Address:

Deanna Kashani and Behzad
Samavati
2397 North Flower Street
Santa Ana, CA 92706
*P8. Recorded by:

Pedro Gomez
20 Civic Center Plaza M-20
Santa Ana, CA 92702
*P9. Date Recorded:

November 4, 2021
*P10. Survey Type:

Intensive Survey Update
*P11. Report Citation: (Cite survey
report and other sources, or enter “none”)
None
*Attachments: None Location Map Sketch Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record  Other (list)
DPR 523A (1/95) *Required information
P5a. Photo
Historic City Council Resources Commission 515––18152 11/4/2021 2/15/2022 State of California  The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________

BUILDING, STRUCTURE, AND OBJECT RECORD

Page 2 of 3 ends

*Resource Name or #: H.A. Smith House
B1. Historic Name: H.A. Smith House
B2. Common Name: Same
B3. Original Use: Single-Family Residence B4. Present Use: Single-Family Residence *B5. Architectural Style: Tudor Revival
*B6. Construction History: (Construction date, alterations, and date of alterations): October 29, 1931. Constructed. $3,500.

April 23, 1956. Termite repairs for C.H. Fuller by C.C. McLaughlin. $230.

August 1, 1957. Repair fire damage for J. Stodola by Marshall Welty. $2,000.

August 8, 1957. Plastering for J. Stodola by Hart.

October 22, 1962. Extend garage by J. Stodola. $200.

July 6, 1989. Re-roof with tear-off of residence and detached garage.

March 15, 2016. Tear-off existing roof and install new comp. shingles. $16,960. *B7. Moved? No Yes Unknown Date:__________ Original location:_______ _______ *B8. Related Features: Detached Garage.

B9a. Architect: Unknown b. Builder: Roy Russell
*B10. Significance: Theme Residential architecture Area Santa Ana Period of Significance: 1931 Property Type: Single-Family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The H.A. Smith House is architecturally significant as a characteristic example of the front facing gable variant of the Tudor Revival architectural style. It was built in 1931 for $3,500 by prominent developer and builder Roy Roscoe Russell (1881-1965).

Along with developer and builder Allison Honer (1897-1981), Roy Russell was credited as a subdivider and builder of a major portion of northwest Santa Ana. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The H.A. Smith House was first sold to Mr. and Mrs. H.A. Smith in 1932 and they lived on the property until mid-1950s. The property was sold to C.H. Fuller in 1955,who briefly resided on the property before selling it to J. Stodola in 1957. Little information is available regarding occupancy of the residence from 1960-1990's. However, during the 1990s Steven and Kathleen Cooper bought the property and resided there until 2021, when the property was sold to the current homeowners.
(See Continuation Sheet 3 of 3.)
B11. Additional Resource Attributes: (List attributes and codes) *B12. References:

City of Santa Ana Building Permits
Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps
(See Continuation Sheet 3 of 3.)
B13. Remarks:
*B14. Evaluator: Sydney Andrea Landers/Chattel Inc.
*Date of Evaluation: November 4, 2021
DPR 523B (1/95) *Required information
Sketch Map
(This space reserved for official comments.)
H.A. Smith House
2397 North Flower Street
N
Historic City Council Resources Commission 515––19153 11/4/2021 2/15/2022 State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________

Page 3 ends

*Recorded by Pedro Gomez *Date November 4, 2021  Continuation  Update DPR 523L
*B10. Significance (continued):

The H.A. Smith House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of orange, avocado, and walnut trees and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). “Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana” (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. “When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each” (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the El Toro Marine Base during World War II, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue.

In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park.

An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell’s own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War II years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, homes in the neighborhood were mostly developed in the revival style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2021) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens.

The H.A. Smith House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Tudor Revival home. The steeply pitched, complex roof, asymmetrical massing, prominent chimney, and multipaned windows are characteristics of this style. Additionally, the house has been categorized as “Contributive” because it “contributes to the overall character and history” of the Floral Park neighborhood and “is a good example of period architecture,” representing the Tudor Revival style in Santa Ana (Santa Ana Municipal Code, Section 30-2.2). Character-defining features of the house include its steeply pitched complex gable roof with no overhangs; multi-paned casement windows used on all elevations with fabric awnings; recessed entry; stucco exterior walls with brick trim, and prominent chimney. *B12. References (continued):

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

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

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

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

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

Santa Ana and Orange County Directories, 1905-2017.

Ancestry.com
Newspapers.com (Santa Ana Register)
Historic Maps, Santa Ana History Room, 1912, 1923, 1932, and 1955.

Historic City Council Resources Commission 515––20154 11/4/2021 2/15/2022

MILLS ACT AGREEMENT
2397 North Flower Street
Santa Ana, CA 92706
- 1 -
Exhibit C
Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S.

Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings, as follows:

1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose.

2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.

3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.

4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment.

These changes may have acquired significance in their own right, and this significance shall be recognized and respected.

5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity.

6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures.

7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.

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

9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with Historic City Council Resources Commission 515––21155 11/4/2021 2/15/2022

MILLS ACT AGREEMENT
2397 North Flower Street
Santa Ana, CA 92706
- 2 -
size, scale, color, material and character of the property, neighborhood, or environment.

10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired.

Historic City Council Resources Commission 515––22156 11/4/2021 2/15/2022

HRC 2021-23/ HRCA 2021-24/ HPPA 2021-23
2397 NORTH FLOWER STREET
H.A. SMITH HOUSE

P L A N N I N G AND B U I L D I N G A G E N C Y
500’ RADIUS
SITE
Historic City Council Resources Commission 515––23157 11/4/2021 2/15/2022

O R A N G E C O U N T Y R E P O R T E R
OR#
~SINCE 1921~
To the right is a copy of the notice you sent to us for publication in the ORANGE COUNTY REPORTER. Thank you for using our newspaper. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are):

Daily Journal Corporation
Serving your legal advertising needs throughout California.

Mailing Address : 600 W SANTA ANA BLVD, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841
Visit us @ www.LegalAdstore.com

CITY OF SANTA ANA PLANNING

CITY OF SANTA ANA/PLANNING & BUILDING
20 CIVIC CENTER PLAZA 2ND FLR
SANTA ANA, CA 92702

GPN GOVT PUBLIC NOTICE
2397 N Flower St
10/22/2021
Publication
Total
$119.35
$119.35
ORANGE COUNTY REPORTER, SANTA ANA (714) 543-2027
BUSINESS JOURNAL, RIVERSIDE (951) 784-0111
DAILY COMMERCE, LOS ANGELES (213) 229-5300
LOS ANGELES DAILY JOURNAL, LOS ANGELES (213) 229-5300
SAN FRANCISCO DAILY JOURNAL, SAN FRANCISCO (800) 640-4829 SAN JOSE POST-RECORD, SAN JOSE (408) 287-4866
THE DAILY RECORDER, SACRAMENTO (916) 444-2355
THE DAILY TRANSCRIPT, SAN DIEGO (619) 232-3486
THE INTER-CITY EXPRESS, OAKLAND (510) 272-4747
Notice Type:

Ad Description

COPY OF NOTICE
3523346
!A000005855678!
The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice.

NOTICE OF PUBLIC HEARING

BEFORE THE SANTA ANA HISTORIC

RESOURCES COMMISSION
The City of Santa Ana encourages the
public to participate in the decisionmaking process. We encourage you to contact us prior to the Public Hearing if
you have any questions.

Historic Resources Commission
Action: The Historic Resources
Commission will hold a Public Hearing to
receive public testimony, and will take
action on the item described below. Their
decision is final unless appealed to the
City Council within 10 days of the decision
by any interested party or group.

Project Location: 2397 North Flower
Street (historically known as the H.A.

Smith House) located in the Single Family
Residential (R-1) zoning district.

Project Applicant: Deanna Kashani and
Behzad Samavati
Project Description:The applicant is
requesting approval of Historic Resources
Commission Application No. 2021-24,
Historic Register Categorization No. 2021-
23, and Historic Property Preservation
Agreement No. 2021-23 to allow the
placement and categorization in the Santa
Ana Register of Historical Properties as
Contributive for the above mentioned
property and to execute a Historic
Property Preservation Agreement with the
City of Santa Ana.

Environmental Impact: In accordance
with the California Environmental Quality
Act, the recommended action is exempt
from further review under Section 15331,
Class 31 (Historical Resource
Restoration/Rehabilitation), as this action
is designed to preserve a historic resource. Categorical Exemption No. ER- 2021-103 will be filed for this project. Meeting Details: This matter will be heard on Thursday, November 4 2021, at 4:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in-person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa- ana.org/pb/meeting-particpation. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to [email protected] (reference the topic in the subject line) or mail to Sarah Bernal, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:00 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https://santa- ana.primegov.com/public/portal. Who To Contact For Questions: Should you have any questions, please contact Pedro Gomez with the Planning and Building Agency at PGomez@santa- ana.org or 714-667-2790 Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone
else raised at the public hearing
described in this notice, or in written
correspondence delivered to the Historic
Resources Commission or City Council of
the City of Santa Ana at, or prior to, the
public hearing.

Si tiene preguntas en español, favor de
llamar a Angelina Becerra al (714) 667-
2259.

Nu cn liên lc bng ting Vit, xin
in thoi cho Tony Lai s (714) 565-
2627.
10/22/21
OR-3523346#
Historic City Council Resources Commission 515––24158 11/4/2021 2/15/2022

CITY OF SANTA ANA
Planning and Building Agency
20 Civic Center Plaza ● P.O. Box 1988
Santa Ana, California 92702
www.santa-ana.org/pba

NOTICE OF PUBLIC HEARING

BEFORE THE SANTA ANA HISTORIC RESOURCES COMMISSION
The City of Santa Ana encourages the public to participate in the decision-making process. This notice is being sent to those who live or own property within 500 feet of the project site or who have expressed an interest in the proposed action. We encourage you to contact us prior to the Public Hearing if you have any questions.

Project Location: 2397 North Flower Street (historically known as the H.A. Smith House) located in the Single Family Residential (R-1) zoning district.

Project Applicant: Deanna Kashani and Behzad Samavati
Project Description: The applicant is requesting approval of Historic Resources Commission Application No. 2021-24, Historic Register Categorization No. 2021-23, and Historic Property Preservation Agreement No. 2021-23 to allow the placement and categorization in the Santa Ana Register of Historical Properties as Contributive for the above mentioned property and to execute a Historic Property Preservation Agreement with the City of Santa Ana.

Environmental Impact: In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under Section 15331, Class 31 (Historical Resource Restoration/Rehabilitation), as this action is designed to preserve a historic resource. Categorical Exemption No. ER-2021-103 will be filed for this project.

Meeting Details: This matter will be heard on Thursday, November 4 2021, at 4:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in-person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa-ana.org/pb/meeting-particpation.

Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to [email protected] (reference the topic in the subject line) or mail to Sarah Bernal, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701.

Deadline to submit written comments is 3:00 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record.

Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https://santa-ana.primegov.com/public/portal.

Who To Contact For Questions: Should you have any questions, please contact Pedro Gomez with the Planning and Building Agency at [email protected] or 714-667-2790 Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence +iVtoric Cit\ CoXncil 5eVoXrceV CoPPiVVion 1––219 112021 212022 delivered to the Historic Resources Commission or City Council of the City of Santa Ana at, or prior to, the public hearing.

Si tiene preguntas en español, favor de llamar a Angelina Becerra al (714) 667-2259.

Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627.

Publish: OC Reporter
Date: October 22, 2021

P L A N N I N G AND B U I L D I N G A G E N C Y
SITE
Historic City Council Resources Commission 515––26160 11/4/2021 2/15/2022 On-Site Posting – 2397 N. Flower Street – 10/25/21
Historic City Council Resources Commission 515––27161 11/4/2021 2/15/2022 On-Site Posting – 2397 N. Flower Street – 10/25/21
Historic City Council Resources Commission 515––28162 11/4/2021 2/15/2022 Police Department
www.santa-ana.org/pd
Item # 16
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 15, 2022
TOPIC: Automated Parking Citation and Processing Services for the Police Department AGENDA TITLE:

Approve an Agreement with Data Ticket Inc. for Automated Parking Citation and Processing Services for the Police Department in the amount of $1,269,648 (General and Non-General Fund)

RECOMMENDED ACTION
Approve a three-year agreement with Data Ticket Inc. for Automated Parking Citation Processing Services for the Police Department, for the period of February 15, 2022 through February 14, 2025, with the option to extend the agreement for two additional one-year terms, in an amount not to exceed $1,269,648, including a five percent contingency ($60,459), subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
On November 3, 2021, the Police Department issued a Request for Proposals (RFP #21- 128) to select a vendor to provide automated parking citation processing services. On November 30, 2021 the City received proposals from the following four vendors; Data Ticket Inc., IPS Group Inc., T2 Systems, and Turbo Data Systems. An evaluation committee consisting of representatives from the Police Department’s Traffic Division and the City’s Finance Department reviewed and rated the four proposals. The proposers were ranked by the review committee based on the following criteria as established in the RFP: Responsiveness to the RFP (10%), Experience of Firm and Personnel (50%), Cost of Proposal (30%), and References (10%).

The scoring for each proposal out of a maximum of 500 points is as follows:

Vendor Score
Data Ticket 492
Turbo Data 446
T2 Systems 431
IPS Group 356
City Council 16 – 1 2/15/2022
Automated Parking Citation and Processing Services for the Police Department February 15, 2022

Page 2 ends

Based upon each respondent’s proposal score, staff recommends entering into a threeyear agreement with Data Ticket Inc. with the option to extend the agreement for two additional one-year terms. The Police Department will continue to issue parking citations through hand-held automated units to maintain the current level of efficiency and reduced cost associated with this technology. In addition, staff will work with Data Ticket to establish a dedicated telephone line for Santa Ana residents, ensure that phone call wait and hold times are mitigated, and establish a callback feature in English and Spanish.

The total not-to-exceed amount of $1,269,648 for Data Ticket Inc. comprises four separate categories spanning three years. First category covers the base annual cost of $227,688 for processing of all parking citations. The second category manages overpayments to members of the public (estimated annual amount of $24,000). The third category facilitates payments for the delinquency collections program (estimated annual amount of $151,375). Lastly, the final category provides a five percent contingency ($20,153 annual amount).

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

FISCAL IMPACT
Funds in the amount of $1,269,648 are available in the Police Department’s Traffic Division, Contractual Services account and Parking Meter Fund (account no. 02718131 62300) for the following fiscal years as follows:

Fiscal
Year
Traffic Division – Contract Services
01114405 62300
CDA – Parking Meter Fund
02718131 62300 Amount
FY 21-22 $153,416 $22,924 $ 176,340
FY 22-23 $368,198 $55,018 $ 423,216
FY 23-24 $368,198 $55,018 $ 423,216
FY 24-25 $214,782 $32,094 $ 246,876
Total $1,269,648

EXHIBIT(S)

1. Agreement with Data Ticket Inc.

Submitted By: David Valentin, Police Chief
Approved By: Kristine Ridge, City Manager
City Council 16 – 2 2/15/2022

Page 1 of 10 ends

AGREEMENT WITH DATA TICKET, INC. TO PROVIDE

AUTOMATED PARKING CITATION PROCESSING
THIS AGREEMENT is made and entered into on this 15th day of February, 2022 by and between Data Ticket, Inc., a California corporation, Contractor ity of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California

RECITALS
A. On November 3, 2021, the City issued a Request for Proposal No. 21- proposals from qualified firms and organizations to provide the Santa Ana Police Department with automated parking citation and processing services.

B. On November 30, 2021, Contractor submitted a timely proposal that was selected by the City. Contractor represents that it is able and willing to provide the services as outlined in its proposal to the RFP, incorporated by reference as though attached hereto.

C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional automated parking citation and processing service firm.

NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:

1. SCOPE OF SERVICES
Contractor shall perform automated parking citation processing services as set forth in the Scope of Services provided in the City's RFP, attached hereto as Exhibit A and incorporated by reference to this Agreement, and as provided in Citation and Processing System and Contractor's Proposal dated November 30, 2021.

2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $1,269,648.31. This amount includes a 5% contingency to compensate the Contractor for services as directed by the City.
b. City agrees to compensate Contractor for services provided from February 6, 2022 through the effective date of the Agreement, as detailed below. c. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment City Council 16 – 3 2/15/2022

Page 2 of 10 ends

need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.

3. TERM
This Agreement shall commence the date first written above and continue for a three (3) year term with the option for the City to grant up to a two (2) additional one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.

4. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor Contractor
shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement.

Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within

6. INSURANCE

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an basis, including products and completed City Council 16 – 4 2/15/2022

Page 3 of 10 ends

operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (nonowned), with limit no less than $1,000,000 per accident for bodily injury and property damage. (Not required if vendor does not require an automobile to provide services)

3. Compensation insurance as required by the State of California, with Statutory Limits, and Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if consultant provides written verification it has no employees)

4. Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.

Technology Professional Liability Errors & Omissions
not less than
$2,000,000 per occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Vendor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.
a. The Policy shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of Agency in the care,
custody, or control of the Vendor. If not covered under the liability policy, such coverage of the Agency may be
endorsed as covered property
as follows:

City Council 16 – 5 2/15/2022

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If the Vendor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Vendor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the
(at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

Please note, if there is an insured vs. insured exclusion on the policy, carefully review with the vendor and their insurance carrier on whether being added as an additional insured onto the policy removes your ability to file suit against the vendor and draw upon the policy should final adjudication in a lawsuit state that the vendor shall pay damages to your organization.

Primary Coverage
For any claims related to this contract, the
primary. Coverage for commercial liability shall be at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the insurance and shall not contribute with it.

Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation
Vendor hereby grants to City a waiver of any right to subrogation which any insurer of said Vendor may acquire against the City by virtue of the payment of any loss under such insurance. Vendor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Vendor to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by City Council 16 – 6 2/15/2022

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either the named insured or City.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. rating of no less than A-:VII, unless otherwise acceptable to the City.

Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:

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

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

3. If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a Retroactive Date prior to the contract effective date, the Vendor five (5)
years after completion of contract work.

Verification of Coverage
Vendor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to the City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Subcontractors
Vendor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Vendor shall ensure that City is an additional insured on insurance required from subcontractors.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

7. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and City Council 16 – 7 2/15/2022

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hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.

8. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend and indemnify the City, its officers, agents, representatives, and letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement.

9. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement.

10. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor City Council 16 – 8 2/15/2022

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without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City.

11. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.

12. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.

14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall Agreement performed by City personnel or by other Contractors retained by City.

15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of City Council 16 – 9 2/15/2022

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termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.

16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.

17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.

18. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.

19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:

To City:

Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
City Council 16 – 10 2/15/2022

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P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:

Chief of Police
City of Santa Ana
60 Civic Center Plaza
Santa Ana, California 92702
Fax: 714-245-8007
To Contractor:

A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Contractor is providing services not contemplated by this Agreement c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

Data Ticket, Inc.
2603 Main Street
Suite 300
Irvine, CA 92614
Fax: 949-281-3195
[email protected]
City Council 16 – 11 2/15/2022

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

ATTEST: CITY OF SANTA ANA
Daisy Gomez Kristine Ridge
Clerk of the Council City Manager
APPROVED AS TO FORM:

SONIA R. CARVALHO DATA TICKET, INC.

City Attorney
By:

Tamara Bogosian
Senior Assistant City Attorney (title)
Tax ID#
RECOMMENDED FOR APPROVAL:

David Valentin
Chief of Police
Brook Westcott
Chief Operating Officer
City Council 16 – 12 2/15/2022

EXHIBIT A

SCOPE OF SERVICES
City Council 16 – 13 2/15/2022
City Council 16 – 14 2/15/2022
City Council 16 – 15 2/15/2022
City Council 16 – 16 2/15/2022
City Council 16 – 17 2/15/2022
City Council 16 – 18 2/15/2022
City Council 16 – 19 2/15/2022
City Council 16 – 20 2/15/2022
City Council 16 – 21 2/15/2022

EXHIBIT B

COMPENSATION
Fee Proposal including hourly rates if applicable
City Council 16 – 22 2/15/2022
Data Ticket, Inc. City of Santa Ana
Irvine, CA RFP NO. 21-128
O: 949 752-6937; O: 949 428-7240 Automated Parking Citation and Processing Services Attachment A: Proposer’s Certification & Proposal Item Pricing City Council 16 – 23 2/15/2022
Data Ticket, Inc. City of Santa Ana
Irvine, CA RFP NO. 21-128
O: 949 752-6937; O: 949 428-7240 Automated Parking Citation and Processing Services Additional, optional pricing has been provided below and on the following pages.

Joint/Escrow Banking Services $85.00 per account per month Services for the above-mentioned item include:

Daily deposits of funds to the Agency’s escrow account
Online, real-time reconciliation reports that tie directly to the bank statement Processing of all credit card chargebacks and Insufficient Funds Month-end reconciliation of all funds collected
Disbursement of County / State Surcharges at month-end
Payment of Data Ticket’s invoice
Disbursement of the net remittance to the Agency
Scanning of all payments directly to joint bank account daily using remote check deposit The Agency will be responsible for the purchase of banking supplies, including checks and endorsement stamps; these fees typically run $200.00 per year Chargebacks and NSF’s $2.50 per issued instance
Data Ticket will process credit card chargebacks and NSFs when notified of each occurrence
Once processed, Data Ticket will send a custom letter to the individual detailing the returned item and the amount due on the citation
Refunds $2.50 per issued instance
Data Ticket will process refunds when notified of each need In the event the city utilizes Joint Banking, Data Ticket will verify, generate, and send each refund due
Refunds will be issued weekly
Refunds will be sent via 1st Class Mail
City Council 16 – 24 2/15/2022
Data Ticket, Inc. City of Santa Ana
Irvine, CA RFP NO. 21-128
O: 949 752-6937; O: 949 428-7240 Automated Parking Citation and Processing Services The anticipated costs for the city to issue refunds to individuals is expected to be $24,000 per year. These funds are furnished by the city to Data Ticket to replenish the city’s refund account.

Deliquency Collections Program 20% of amount collected
Delinquent collections include sending an additional three notices per citation, handling all customer service and processing all payments. The estimated cost of the program is $151,375 (20%) per year based on $756,877 in collections in the prior year.

Parking Citation Payment Plan Processing (non-indigent) $12.00 per transaction An administrative fee will be assessed to Patrons who wish to participate in a payment plan
The administrative fee will be added to the Agency’s invoice and once the 1st payment plan installment is paid by the Patron, the administrative fee will be reimbursed to the Agency
This fee will cover the cost of the payment plan initiation, and the cost of a confirmation letter that is sent to the Patron confirming the details of the payment plan The Agency will have the ability to determine whether Payment Plans are accepted and if so, what the parameters for payment will be
Payment Plan Administration (AB 503 – indigent) $6.00 per transaction Acceptance and scanning of Indigent payment plan requests Approval/Denial by Data Ticket
Inclusive of the approval/denial letter
Credit Card Chargeback Processing $30.00 per transaction If a chargeback occurs, a fee will be charged to the Patron for the processing of the chargeback
No fee will be charged to the Agency
Postal Rate Increase Offset – If postal rates increase during the term of the agreement, fees to DTI shall be raised immediately to offset the effect of the actual postal rate increase.

DETAILED ANDROID PRICING
3 Year Lease Price
Samsung Galaxy A52+ & New 3” Printer $39.00 per unit per month OR
Purchase Price
Samsung Galaxy A52+ & 3” Printer $1,277.00 per unit
The city states it would like to proceed with the existing printers utilized by the city.

If so, we have provided Lease and Purchase prices below for the handheld ticket writers only below.

City Council 16 – 25 2/15/2022
Data Ticket, Inc. City of Santa Ana
Irvine, CA RFP NO. 21-128
O: 949 752-6937; O: 949 428-7240 Automated Parking Citation and Processing Services 3 Year Lease Price
Samsung Galaxy A52+ $30.00 per unit per month
OR
Purchase Price
Samsung Galaxy A52+ $1,000.00 per unit
Handheld Software Licensing $100.00 per unit per year
This fee covers all software licensing and upgrades provided to the city.

Handheld Software Maintenance $25.00 per unit per month This fee covers complete repair and replacement of any handheld unit damaged for any reason. There is no deductible charged to the city. Upon notification of damage, we simply prepare a unit to be FedEx’d to the City for replacement.

Data Plan ~$45.00 per unit per month
This fee will be a passed through from the selected cellular provider.

Exhibi
City Council 16 – 26 2/15/2022
Public Works Agency
www.santa-ana.org/pw
Item # 17
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 15, 2022
TOPIC: On-Call Transportation and Traffic Engineering Services

AGENDA TITLE
Approve Agreements with Iteris, Inc., Fehr and Peers, and IBI Group, to Provide Transportation and Traffic Engineering Services for up to a Three-year, Four-Month Term in an Aggregate Amount not to Exceed $1,000,000 (Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute agreements with Iteris, Inc, Fehr and Peers, and IBI Group, to provide transportation and traffic engineering services for a three-year, four month term beginning February 15, 2022 and expiring June 25, 2025, with a provision for two, one-year extensions exercisable by the City Manager and the City Attorney, in a total shared aggregate amount not to exceed $1,000,000, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
On November 2, 2021, the Public Works Agency issued a Request for Proposals (RFP) for contractors to provide on-call transportation and traffic engineering services. The selected contractor(s) will supplement City staff by assisting with general transportation and traffic engineering projects. The projects may include any of the following: sidewalks, bike paths, signing, striping, neighborhood traffic studies, traffic signal modifications, grant application writing, bikeway planning, Traffic Signal Master Plan, Street Light Master Plan, SB 743 compliance, traffic study, and other related projects as required.

The RFP was advertised on the City’s online bid management and publication system, with bids due on November 30, 2021 (Exhibit 1). Fifteen consultants submitted proposals.

The proposals were reviewed by a three-member committee composed of Public Works Agency staff. RFPs were rated based on experience, qualifications, project understanding, scheduling, past performance, and the overall proposal. Staff recommends awarding agreements to the top three responding contractors listed below (Exhibit 2-4).

City Council 17 – 1 2/15/2022
Approve Agreements with Iteris, Inc., Fehr and Peers, and IBI Group February 15, 2022

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Rank Firm Average Score
1 Iteris, Inc. 95
2 Fehr & Peers 93
3 IBI Group 93

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

FISCAL IMPACT
There is no fiscal impact at this time. Prior to utilizing any of these on-call services, Public Works staff must receive Finance and Management Services Agency approval of funding and accounts to ensure that funds are available under the authorization and aggregate limit of these agreements. Upon successful completion of this fiscal review, a corresponding Notice to Proceed containing specific scope and maximum expenditure for the task order will be issued to a contractor.

EXHIBIT(S)

1. RFP No. 21-125 On-Call Transportation and Traffic Engineering Services

2. Agreement – Iteris, Inc.

3. Agreement – Fehr and Peers

4. Agreement – IBI Group
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 17 – 2 2/15/2022
EXHIBIT 1
City Council 17 – 3 2/15/2022
City of Santa Ana RFP 21-125

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NOTICE INVITING PROPOSALS
NOTICE IS HEREBY GIVEN that proposals will be received from qualified On-Call Transportation / Traffic Engineering Services Firms.

Responses to this Request for Proposals (RFP) must be submitted electronically to the PlanetBids system no later than November 30, 2021 at 2:00 p.m. Proposals received after this date/time will not be considered. It is the responsibility of the proposer to ensure that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to this proposal due date and time.

Additionally, it is a requirement that hard copy proposals also be sent by courier service, mailed, or hand delivered in an enclosed sealed envelope and marked clearly with the following “SEALED PROPOSAL FOR

ON-CALL TRANSPORTATION AND TRAFFIC ENGINEERING SERVICES RFP NO. 21-125

IN THE CITY OF SANTA ANA
DO NOT OPEN WITH REGULAR MAIL.”
City of Santa Ana
Attn.: AZADEH AZAD
Public Works Agency; M-43
20 Civic Center Plaza; Ross Annex
Santa Ana, CA 92701
For further instructions regarding hard copy submission of proposals, refer to PlanetBids.

All notifications, requests for information, updates and addenda will be posted online on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive qualification.

City Council 17 – 4 2/15/2022
City of Santa Ana RFP 21-125

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TABLE OF CONTENTS
I. INTRODUCTION / PROJECT DESCRIPTION 4
II. INSTRUCTIONS TO PROPOSERS 6
A. CITY RESPONSIBILITIES
B. PROPOSER RESPONSIBILITIES
C. REQUEST FOR INFORMATION OR CLARIFICATION
D. ADDENDA
E. LICENSES & PERMITS
F. INSURANCE
G. INFORMATION PACKET
H. PRE-PROPOSAL MEETING
I. CITY RIGHT TO REJECT
J. BID PROTESTS
III. SUBMITTAL REQUIREMENTS 8
A. GENERAL
B. PROPOSAL CONTENTS

1. STATEMENT OF QUALIFICATIONS

2. SCOPE OF SERVICES AND SCHEDULE

3. FEE PROPOSAL

4. CERTIFICATIONS
IV. PROPOSAL REVIEW (CONSULTANT SELECTION) 10
A. EVALUATION AND RATING
B. SELECTION
V. CONTRACT AWARD 10
A. REQUEST FOR COUNCIL ACTION
B. EXECUTION OF AGREEMENT
VI. IMPLEMENTATION 10
A. KICK-OFF MEETING
B. NOTICE TO PROCEED
VII. PUBLIC RECORDS 11
VIII. APPENDIX
ATTACHMENT 1: SCOPE OF WORK
ATTACHMENT 2: AGREEMENT
ATTACHMENT 3: CERTIFICATION
City Council 17 – 5 2/15/2022
City of Santa Ana RFP 21-125

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I. INTRODUCTION / PROJECT DESCRIPTION
Nature of Work:

The City of Santa Ana is seeking qualified On-Call firm(s) to provide Transportation/ Traffic Engineering as directed by the City of Santa Ana. The City reserves the right to enter into fewer, or more agreements, and to issue several or no task orders to each contractor, as determined by the City’s needs. Attachment 1 includes a detailed Scope of Work in this RFP’s Appendix.

Number of Proposals and Signature:

Five (5) hard copies are required to accompany an electronic submittal of the complete proposal package on PlanetBids. One of the hard copies shall be marked as “ORIGINAL” and be signed by a company official with the power to bind the company, and submitted to the City of Santa Ana. Please be explicit in identifying the appropriate person with legal authority to bind the company.

The Statement of Qualifications shall be limited to a maximum of (10) double-sided pages (excluding front and back covers, section dividers and attachments such as resumes, forms). Font size shall be minimum 11-point Arial. Proposal exhibits shall be maximum 11” x 17”.

Proposal Evaluation and Rating:

The criteria for evaluating the RFP submitted will take the following items into consideration:
• Firm/Team Experience 25%
• Understanding of Need 25%
• Relevant Project Experience 30%
• Schedule of Delivery 10%
• References 10%
The City has established a proposal review committee to evaluate proposers based on the response to this RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers.

City Council 17 – 6 2/15/2022
City of Santa Ana RFP 21-125

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Project Funding:

Funding sources for each project may vary and shall comply with the funding agency’s requirements. Special conditions may apply. Refer to Attachment 1 (Scope of Work) in the Appendix of this RFP.

Term of Contract Agreement:

The City desires to enter into a contract with the top scoring firm(s) for an initial three (3) year term with a City option for two (2) one (1) year extension period. This term shall be outlined in the Standard Consultant Agreement, as shown in the Appendix of this RFP as Attachment 2.

City Council 17 – 7 2/15/2022
City of Santa Ana RFP 21-125

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II. INSTRUCTIONS TO PROPOSERS
A. CITY RESPONSIBILITIES
The City will provide information in its possession relevant to preparation of required information in this RFP. The City will provide only the staff assistance and documentation specifically referred to herein.

B. PROPOSER RESPONSIBILITIES
Point of Contact: The selected proposer will assume responsibilities for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge concerning the required service operations and contractual matters, including payment of all charges resulting from the Agreement. Contact information such as email and phone number must be included into the proposal.

Evidence of Financial Capacity: Proposer may be requested to submit its most recent audited financial statement, evidencing proposer’s financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) day period. If said financial statement does not reflect full ninety (90) day operational capacity, proposer may include a letter of credit as evidence of supplemental capacity.

C. REQUEST FOR INFORMATION OR CLARIFICATION
All questions or requested clarifications shall be made only in writing to the Q&A section located in PlanetBids no fewer than five (5) calendar days prior to the date and time set for opening of proposals. No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP.

D. ADDENDA
Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137 as set forth in the Notice Inviting Proposals. Addenda shall become part of the agreement documents.

E. LICENSES & PERMITS
The selected proposer shall be required to obtain a City of Santa Ana Business license within ten (10) business days of selection and must provide a copy to the City’s project manager or designee prior to commencing any work in Santa Ana.

Additionally, Proposer will be responsible for obtaining any licenses/permits required by the Scope of Work.

F. INSURANCE
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The Selected Proposer shall provide the required evidence of insurance coverage as set forth in the Scope of Work within ten (10) business days after receipt of notice that the contract has been awarded. Failure to provide the required insurance certificates shall be cause for the annulment of the award and the forfeiture of the proposal guaranty. The City will provide the Selected Proposer with a “New Vendor Checklist”, which outlines insurance requirements.

G. PAYMENT INFORMATION PACKET
The selected proposer shall return a completed payment information packet within ten (10) business days after the successful proposer has received notice that the contract has been awarded.

H. PRE-PROPOSAL MEETING
Should a pre-proposal meeting be scheduled, the date, time, and location is identified on the cover page of this RFP. The meeting will include discussion of the project scope and a question-and-answer session. It is highly recommended that the Proposer’s key team members attend this meeting. Significant interpretations or clarifications will be addressed via addenda to this RFP, as described above in “Section D: Addenda.” I. CITY RIGHT TO REJECT
The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise.

The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal.

The City reserves the right to reject, replace, and approve any and all subcontractors. All subcontractor(s) shall be identified in response to this RFP. Subcontractors shall be the responsibility of the successful proposer and the City shall assume no liability of such subcontractors.

J. BID PROTESTS
Proposers with concerns or rebuttal of any staff determination of non-responsiveness or non- responsibility may submit, in writing within five (5) business days, to the Project Manager, any concerns regarding the RFP process or staff determination. Such writing shall be considered by the Public Works Director or her/his designated representative, and may be acted upon within five (5) business days. If no action is taken within such time, there shall be no change to the staff determination. The exercise by the Proposer of its right to submit written concerns shall be a condition precedent to seeking judicial review of any award of a contract hereunder.

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III. SUBMITTAL REQUIREMENTS
A. GENERAL

1. The number of Proposal Copies and signature is specified in:

RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION

2. Deadline:

Proposals are due to the City of Santa Ana at the date, time, and location specified in the Notice Inviting Proposals.

B. PROPOSAL CONTENTS
The proposal format and page limitation, if any, is specified in:

RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION

1. STATEMENT OF QUALIFICATIONS
a. Cover Letter: Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity.
b. Contract Agreement Statement: Proposal shall include a statement outlining your concurrence or concerns with any and all provisions contained in the Agreement attached herein as Attachment 2 in the Appendix.
c. Firm and Team Experience: Proposal shall include a profile of the firm’s experience. Include resumes of project team/sub-consultants that will be providing services which outline their technical and design experience. At a minimum, this should include the project manager/principal agent, associates in charge when project manager/principal agent is unavailable, key personnel, firm size, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual’s time devoted to this project. The project manager/principal agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited for an interview.

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d. Understanding of Need: Proposal shall include an outline which demonstrates the firm’s understanding of the work. This outline should include anticipated approach, tasks necessary for successful completion, deliverables, and suggestions or special concerns that the City should be made aware of. Identify any assumptions and/or exclusions used in preparation of the scope of work and associated fee estimate.
e. Relevant Project Experience: Proposal shall include a list of relevant projects, which your firm or personnel have completed within the last 5 years, including significant work with public agencies. Project information should include project description, project location, year completed, client name and contact information, and name of consultant project manager. City of Santa Ana staff may conduct site visits at select projects.
f. References: Proposals shall include a listing of relevant projects with references for three public entities with valid current emails for which Proposer has performed similar work within the past five (5) years.

2. SCOPE OF SERVICES AND SCHEDULE:

Proposal shall include a Scope of Services and Schedule which details the work phases to be completed, the tasks to be accomplished, the deliverables to be provided, and the schedule / timeline to complete the project, based upon the requested Scope of Work detailed in Attachment 1 of this RFP.

3. FEE PROPOSAL:

The fee proposal shall be submitted separate and concurrently with the technical proposal, both submitted electronically in PlanetBids and as a hard copy in a separately sealed envelope, clearly labeled as “Fee Proposal.” This shall include the firm’s Standard Hourly Fee Schedule.

The fee proposal will not be opened until the proposals have been evaluated by the proposal selection committee. The City will select the consultant based on qualifications, and then negotiate a contract price based on available funding.

4. CERTIFICATIONS:

The following forms shall be signed and included as part of the proposal submittal package:
• Attachment 3-1: Non-Collusion Affidavit
• Attachment 3-2: Non-Lobbying Certification
• Attachment 3-3: Non-Discrimination Certification
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IV. PROPOSAL REVIEW (CONSULTANT SELECTION)
A. EVALUATION AND RATING
The criteria for evaluating the proposals are specified in:

RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION.

B. SELECTION
The selection committee will be comprised of at least (3) City staff from multiple departments. The committee may interview the top ranking proposers. The City will recommend award of contracts to the proposers who will provide the best value to the City. The City reserves the right to begin negotiations and enter into a contract without interview or further discussions.

V. CONTRACT AWARD
A. REQUEST FOR COUNCIL ACTION
Following evaluation and rating by the proposal review committee and acceptance from Funding agency following financial audit, the Project Manager will recommend award contracts to the top-ranking proposer(s) that will provide the best value to the City.

B. EXECUTION OF AGREEMENT
The Scope of Services, Schedule, and Fees submitted in the proposal will be the basis of any negotiation of final terms, which will lead to a completed agreement ready for execution based on the standard Agreement attached herein as Attachment 2 in the Appendix.

VI. IMPLEMENTATION
A. KICK-OFF MEETING
A kick-off meeting will be held after award of contracts. Consultants and their team will meet with City of Santa Ana staff to conduct introductions, discuss scope of services, and implementation processes.

B. NOTICE TO PROCEED
Prior to issuance of a formal Notice to Proceed (NTP), Consultants shall provide all required bonds, insurance documents, and contents of the Information Packet for review and approval by the City.

For “On-Call” contracts, individual City Project Managers will request project/task specific proposals from Consultants on an as-needed basis. Proposals will then be evaluated by City staff and written NTPs will be issued accordingly per each task order.

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VII. PUBLIC RECORDS
All data, documents and other products used, developed, or produced during response preparation of this RFP will become property of the City. All responses to this RFP shall become property of the City. Proposer information identified as proprietary information be maintained confidential, to the extent allowed under the California Public Records Act.

Proposals will become public record after award of contract. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act.

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Appendix
ATTACHMENT 1

SCOPE OF WORK

CITY OF SANTA ANA

REQUEST FOR PROPOSALS
FOR

ON-CALL TRANSPORTATION AND TRAFFIC ENGINEERING SERVICES RFP NO.: 21-125
Introduction / Background
The City of Santa Ana intends to retain Transportation and Traffic Engineering Consultants on an as-needed or "on­ call" basis. A Professional Services Agreement will be entered into with one or more of the qualified firms Transportation and Traffic Engineering consultant(s) to provide professional services for a variety of projects on an on-call basis. On an on-call, asneeded basis, the selected firm(s) may later be asked to provide professional engineering services proposals on specific, project-by-project basis, based on an agreed-upon specific scope of services and fees.

In general, work consists of general Transportation and Traffic Engineering projects. Funding sources for each project may vary for each project/task order assignment shall comply with the funding agency's requirements. The projects may include; sidewalks, bike paths, signing, striping, neighborhood traffic studies, traffic signal modifications, grant application writing, Bikeway Planning, Traffic Signal Master Plan, Street Light Master Plan, SB743 compliance, Traffic Study and other related projects as required.

The consultant shall be able to assist the City through this contract to provide the necessary services. The consultant shall utilize in-house staff and/or sub-consultants to complete the assignments to meet the City standards. For specialized work for which the prime consultant shall require a sub-consultant, the prime consultant shall serve as an administrative liaison between the City and the sub-consultant.

Prime consultant mark-ups for sub-consultant work will not be allowed.

All proposals, plans, drawings, specifications, estimates, grant applications, and/or studies will be subject to the final approval and satisfaction of the City of Santa Ana.

Scope of Services
The work consists of Transportation and Traffic engineering design and cost estimating for civil works projects, and other related projects as required.

The work in general, consists of work in the following areas and not limited to:

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• Traffic Signal Design
• Striping Design
• Traffic Engineering Design
• Transportation Support
• Traffic Studies
• Vehicle Miles Travelled (VMT) Compliance
• Traffic Modeling
• Traffic Signal Master Plan
• Street Light Master plan
• Street Light Design Training
• Grant Writing- Services
If there are any exceptions to the core of requested services, proposers shall list said exceptions in their proposal (matrix form).

For specialized work for which the prime consultant shall require a sub-consultant, the prime consultant shall serve as an administrative liaison between the City and the subconsultant.

The selected consultants must have the expertise, experience, and demonstrated resources available to perform the work described in this RFP.

General Requirements and Project Deliverables
The Consultant's services for plans specifications and estimating (PS&E) for engineering project preparation and special studies/investigations shall include and in be in conformance with the latest editions of the following: Title 24 of the California Code of Regulations (California Building Standards Code). American Water Works Association, California Department of Transportation, the Americans with Disabilities Act, the City of Santa Ana Municipal Code (SAMC), professional Standards established by the City, and or federal, state and local guidelines established in the project.

As part of the preparation of the PS&E, the consultant shall prepare the special provisions pertaining to the items of work included in the plans that are not addressed on the latest editions of the applicable standards.

The Consultant shall have complete responsibility for the accuracy and completeness of all documents and plans prepared. The plans will be reviewed by the City of Santa Ana for conformity with the requirements of the Agreement. Reviews by the City of Santa Ana do NOT include detailed review or checking of design or the accuracy with which such designs are depicted in the documents and the plans. The documents and plans furnished under the Agreement shall be of a quality acceptable to the City of Santa Ana. The criteria for acceptance shall be a product of neat appearance, well organized, technically and grammatically correct, checked, and dated and having the maker and checker identified.

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The Consultant shall have project management control procedures in effect during the entire time work is being performed under the Agreement. This task shall include the following:
• Project Management Plan- the consultant shall provide a detail management plan including information and coordination with other agencies to ensure compliance and completion of the (PS&E) packages. This plan shall include all milestones and task breakdown for each of the tasks and subtasks included therein. The project management shall be submitted to the Project Manager for review and within 15 calendar days of the issued Notice to Proceed
• Deliverables
• Quality Control/Quality Assurance (QA/QC) Plan
• Project Schedule/Invoicing
• Project Correspondence
In case of conflict, ambiguities, discrepancies, errors, or omissions, the consultant shall submit the matter to the City for clarification.

The Consultant shall perform engineering design services resulting in contract documents (plans, specifications and cost estimates "PS&E") for various projects on an as-needed basis.

However, work tasks may include studies or a variety of engineering tasks. If requested by the City, the Consultant shall provide a Work Plan which includes a detailed schedule of the assigned project prior to the issuance of Notice to Proceed and/or Task Order. Specific Task Orders with Notices to Proceed ("NTPs") will be provided for project(s) at the discretion of the City. Work required per Task Order shall comply with the Scope of Services and additional provisions in each Task Order and this agreement.

The following services/items shall include, but are not be limited to:

1. Research existing records of utility companies and agencies and coordinate the proposed improvements with existing field conditions.

2. Conduct an environmental assessment for each project and prepare all documentation required to comply with California Environmental Quality Act (CEQA), and or National Environmental Protection Act (NEPA). (If required)

3. Provide all field survey and topographic work necessary to complete the design effort.

Design level survey and base mapping of the project site shall be prepared in US Customary English units by a California licensed Land Surveyor in accordance with the City guidelines and in MicroStation V8i Computer Aided Design and Drafting (CADD) format. The horizontal datum shall be NAD 83 and the vertical datum shall be NAVD 88. All survey field notes shall be on forms provided by the City, shall be neatly completed in pencil, and shall become property of the City upon completion of the project. Informal field investigations including marking of removal areas may be required for some of the sidewalk, curb and gutter, and pavement replacement projects.

4. Complete the design of projects including plans, specifications, and engineer's construction cost estimate. The Consultant shall contact manufacturers and/or contractors to verify the engineer's estimate prior to submitting to the City. Specifications shall be prepared in City Council 17 – 16 2/15/2022
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Microsoft Word and an electronic copy of the final version shall be furnished to the City.

The City will provide the specification boiler plate to the Consultant.

5. If requested, all preliminary and bid sets of plans shall be plotted on bond or velum paper using MicroStation V8i CADD software program. All drawings shall be completed per the City of Santa Ana CADD Standards and any special provisions thereof. For interim submittals, the City may opt to receive only PDF versions of the plans for reviewing purposes. If so, the Consultant team will provide plans and/or specifications accordingly.

6. All original plan sheets, the title sheet of the specifications, calculations, and reports shall be signed and stamped by the Consultant's licensed professional engineer responsible/in-charge of the project.

7. If a part of the on-call project scope, the Consultant shall provide support services during the bidding and construction phases of the project, including, but not limited to:
• Respond to bidder inquiries during the bidding process, including preparation of any addenda. Following award of the construction contract, the Consultant shall attend the pre-construction meeting.
• Review and approve all submittals and shop plan drawings required supporting the construction contract. The Consultant shall complete shop drawings reviews within two (2) weeks of receipt. Contract Change Order reviews shall be completed within two (2) working days of receipt.
• Respond to written Requests for Information (RFI) to provide clarification or resolve discrepancies in the contract documents. Responses shall be completed within three (3) working days.
• Provide periodic field reviews and bring to the attention of the City of Santa Ana any defects or deficiencies in the work by the construction contractor which the Consultant may observe. The Consultant shall have no authority to issue instruction on behalf of the City of Santa Ana, or to deputize another to do so.

8. If included in the on-call project scope, upon completion of construction, the Consultant shall prepare as-built plans and submit them to the City. The Consultant shall incorporate all changes to the plans electronically with all necessary revision notations. Once plans have been updated, a signed set of as-built plans shall be submitted to the City with an electronic copy (in MicroStation V8i CADD and pdf formats) of the final as-built drawings via CD ore­ mail.

9. The Consultant shall monitor the project progress, maintain project files, and control the quality of the work performed by in-house staff and/or sub-consultants. Incomplete (not meeting targeted completion) or poor quality work will not be accepted. The Consultant shall revise the documents within a revised schedule set by the City, which may require overtime. No additional compensation necessary for the consultant to complete this work to the satisfaction of the City shall be approved by the City for the required revisions. It is the responsibility of the Consultant to produce a professional-level quality of work product.

10. If included in the on-call project scope, attend meetings with the City staff as required.

11. If included in the on-call project scope, the Consultant shall coordinate plan check, design topics, permits and any other issues with the City, other Agencies, and all utility companies City Council 17 – 17 2/15/2022
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as required. At the direction of the City, the Consultant shall be the liaison with affected agencies.

12. If included in the on-call project scope, the Consultant shall be responsible for reviewing and approving addenda and clarifications to plans and specifications.

All information regarding the plans and specifications and or documentation related to the project and approved by the City, will then become property of the City.

A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested of a consultant. All tasks orders shall include the staff title, hours, hourly rate and totals as related to the project.

Construction Plans, Standard Specifications and Estimate (PS&E) Preliminary Design- Attend project scope meeting with City Staff to review project details.

Consultant shall field review, inspect and conduct all necessary surveys to prepare a Preliminary Design Report (PDR) or alternatives, preliminary cost estimate and preferred alternative as requested by the project manager.

A (PS&E) package shall be submitted to review at 30% design for independent City review. A (PS&E) package shall be submitted to review at 60% design for independent City review. A (PS&E) package shall be submitted to review at for FINAL independent design review.

The City will review and comment on the PS&E packages with a turnaround goal of (2) weeks.

One (I) copy of the documents with comments will be returned to the consultant. Unless, several agencies are involved in the review process multiple documents with comments will be provided to the consultant.

After the final design comments have been incorporated the consultant shall provide the City with final (PS&E) package ready for bid. See Section - General Requirements and Project Deliverables Section.

Project Schedule and Progress:

Progress review meetings shall be held at intervals deemed appropriate by the City. The Consultant shall furnish two copies of all completed work or partially completed update/status since the last progress review meeting. Progress reports shall be submitted monthly in electronic format indicating achievements and project schedule progress.

City Responsibilities:

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The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein.
• Furnish scope of work and provide general direction as needed for the assigned project • All plan check coordination within the City
• Advertise, award, and administer of construction contract • Electronic files (sample plans & specifications, City of Santa Ana's CADD Standards) • Electronic files for title sheets and sheet borders
• Facilitate meeting space and coordination and City facilities Fee Proposal:

In addition to Section IV.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured asfollows:

The fee proposal shall include the firm's standard hourly fee schedule, and/or project fee schedule where applicable and as outlined in this this documents. A list of all positions and hourly rates required to perform the services described herein. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested of a consultant.

Other Terms and Conditions:

1. The project will be implemented in compliance with the City of Santa Ana's policies, as well as Prevailing Wages and State/Federal Requirements.

2. The City regards the inclusion of California based designs, engineering, and construction professionals, facilities, and services as part of the Team to be highly desirable, but not mandatory.

3. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission.

4. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exception of the confidential Financial Capacity information and sealed fee proposals which will be returned to all proposers after award of contract to the selected Team.

5. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project.

6. The City has an affirmative action program. The purpose of the affirmative action program is to encourage certified minority business enterprises and women business enterprises.

All submitting firms must have established affirmative action programs approvable by the City. During the RFP stage, all firms will need to complete a "Certification of NonDiscrimination by Contractors" for each firm on their team.

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