Santa Ana City Council
October 18, 2022

AGREEMENT WITH SMAART POWER, LLC, TO PROVIDE ARC FLASH ANALYSIS AND

ELECTRICAL SAFETY PROGRAM DEVELOPMENT SERVICES FOR THE CITY OF

SANTA ANA
THIS AGREEMENT is made and entered into on this 18th day of October, 2022 by and between SMAART Power, LLC, a California company (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. On April 21, 2022, the City issued Request for Proposal No. 22-023, by which it sought a Contractor to provide arc flash analysis and electrical safety program development for the Public Works Agency Water Resources Division.

B. Contractor submitted a responsive proposal that was among those selected by the City.

Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 22-023.

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 consulting firm in the field.

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

1. SCOPE OF SERVICES
Contractor shall perform the services described in the scope of work that was included in RFP No. 22-023, which is attached as Exhibit A, and as more specifically delineated in Contractor’s proposal, which is attached as Exhibit B and incorporated in full.

2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. Contractor is one of two (2) contractors selected to provide arc flash analysis and electrical safety program development under RFP 22-023. The total compensation for these services provided by all such contractors selected under RFP 22-023 shall not exceed the shared aggregate amount of Five Hundred Thousand Dollars and Zero Cents ($500,000) during the term of the Agreement, including any extension periods.
b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not City Council 17 – 59 10/18/2022

be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.

3. TERM
This Agreement shall commence on the date first written above and terminate on October 17, 2025, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for one (1) two-year period upon a writing executed by the City Manager and City Attorney.

4. PREVAILING WAGES
Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws.

Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

5. 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.

6. 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 under this Agreement (“Documents & Data”). 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 the purposes intended by this Agreement shall be at City’s sole risk.

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7. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Minimum Scope and Limit of Insurance

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregatelimit 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: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and nonowned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Broader Coverage: if the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or 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. b. Other Insurance Provisions

1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

2. Primary Coverage: For any claims related to this contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its City Council 17 – 61 10/18/2022

officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiverof subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

5. Self-Insured Retentions: Self-insured retentions must be declared to and approved by the City. The City may require theContractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

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

7. Claims Made Policies:

If any of the required policies provide claims-made coverage:
i. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
iii. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

8. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby City Council 17 – 62 10/18/2022

this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins.

However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them.

TheCityreservesthe right to require complete, certified copies of allrequired insurance policies,including endorsements required by these specifications, at any time.

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

10. 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.

8. 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 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’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.

9. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement.

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10. 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.

11. 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 importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor 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.

12. 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.

13. 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.

14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor, City Council 17 – 64 10/18/2022

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.

15. 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 be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City.

16. 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 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.

17. 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.

18. 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 City Council 17 – 65 10/18/2022

connection with or by reason of this Agreement.

19. 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.

20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

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

To City:

Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:

Nabil Saba
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-647-5635
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EXHIBIT A
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EXHIBIT B
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1 POWER SYSTEM

DESIGN, STUDY & AUTOMATION

ADVANCED SOLUTION PROVIDER

UTILITY, INDUSTRIAL & COMMERCIAL
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2 Table of Contents

1. Company Overview ........................................................................................................ 3

2. Firm and Team Experience ............................................................................................ 4

2.1. Key Personnel ............................................................................................................. 4

3. SMAART POWER ORGANIZATION CHART ................................................................ 9

4. Scope of Services ......................................................................................................... 10

4.1. Data Gathering .......................................................................................................... 10

4.2. Device Evaluation Study ........................................................................................... 11

4.3. Coordination Study ................................................................................................... 11

4.4. Arc Flash Study ......................................................................................................... 12

4.5. Study Report ............................................................................................................. 13

4.6. Common Problems / Observations ........................................................................... 16

5. Relevant Project Experience ........................................................................................ 17

6. Three Relevant projects ............................................................................................... 18

7. Electrical Safety Program ............................................................................................. 19

8. Insurance Certificates ................................................................................................... 21

9. Non-Collusion Affidavit ................................................................................................. 22

10. Non-Lobbying Certification ........................................................................................ 23

11. Non-Discrimination Certification ................................................................................ 24

12. Agreement Statement ............................................................................................... 25 City Council 17 – 82 10/18/2022
300 Spectrum Center Dr. Ste 431, Irvine CA 92618
949-209-7299
June 2, 2022
To:

Armando Fernandez
City of Santa Ana Public Works Agency
220 S. Daisy Ave. Bldg A
Santa Ana, CA 92703
Subject: Arc Flash Analysis and Electrical Safety Program Development Dear Mr. Fernandez,
SMAART POWER, an engineering company at the forefront of electrical engineering, is enclosing along with this letter a bid proposal for the Arc Flash Analysis and Electrical Safety Program Development for the City of Santa Ana Public Works Agency.

Our team at SMAART POWER has a combined total of over 50 years experience with such studies and provides expertise in developing programs that address safety concerns in regard to all aspects of electrical systems. We have worked on very similar projects and programs with other cities, such as that for the Los Angeles Metropolitan Water District and understand the specific needs that are required from such a project.

We look forward to the opportunity to work with the City of Santa Ana. Please let us know if there is any questions we can answer or clarifications we can provide beyond the attached proposal.

Thank you,

Ali Halimi
SMAART POWER – President
[email protected]
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3 1. Company Overview
SMAART POWER LLC. is a full service electrical engineering and consulting firm with more than 55 year of combined experience. SMAART POWER has highly skilled professional engineers and projects managers that specialize in system planning, design, analysis, automation, testing and smart solution system integration for commercial, industrial, and utility scale systems for both the federal and private sector.

SMAART POWER is an expert in advanced power system analysis including advanced studies such as power quality & harmonics, transient stability and electromagnetic analysis, protection, coordination, arc flash and incident energy mitigation techniques for industrial, commercial or utility facilities.

SMAART POWER’s engineers have worked on power system design, planning, and advanced studies for water treatment plants, generation and power plants, pumping plants, off-short plants, heavy industrial manufacturing, hospital and health facilities, oil and gas fields, and utility distribution systems. Furthermore, SMAART POWER also provides advanced system studies which include power flow, device duty evaluation, system protection, power quality and harmonics, generator controls and transient stability, grid interconnection, ground grid study and surveying, and distribution system planning.

SMAART POWER is committed to consistently delivering high-quality, innovative engineering services and smart solutions with the highest regard for safety standards.

As such, SMAART POWER is fully ensured to perform the engineering and consulting services as outlined below:
o Professional Liability – $1M/$2M
o General Liability – $2M/$4M
o Automobile Liability – $2,000,000
o Commercial Umbrella – $3M/$3M
Certificates of Insurance available upon request.

Signatory: Ali Halimi - Principal
Date: 6/2/2022
Signature:

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4 2. Firm and Team Experience
• SMAART POWER has successfully developed and studied sizeable power system models for commercial, industrial, and nuclear plant customers.

Customers have also included very large utility transmission and distribution systems such as Seattle City Light, EPCOR Utility, Oman Grid, NOIDA Power Company Grid, Occidental Petroleum (OXY), Saudi ARAMCO, and more. • SMAART POWER has designed and conducted complex power system studies for a wide range including low voltages, medium voltages, and high voltages.

This experience makes us one of the most recognized companies to perform the complex studies.
• SMAART POWER fully complies with all the latest applicable standards for power system engineering and studies, including IEEE-1584, NEC & NFPA-70E, ANSI-C37, UL-489, IEEE-242, IEEE-446, and many related standards. • SMAART POWER has a seasoned engineering team, Ph.D. electrical engineers, and project managers experienced with complex power systems problems and solutions with backgrounds spanning across utility companies, the Department of Energy, and consulting firms for advanced studies. Studies have included protection, coordination, power quality, and transient stability studies. • SMAART POWER is dedicated to providing high-quality work and reports with practical solutions to the problems and applicable recommendations to save time and money on projects without compromising the feasibility. • SMAART POWER has a high level of customer satisfaction for all the provided services.
• SMAART POWER has provided electrical engineering services and solutions to many customers in the U.S. and across the world.
• SMAART POWER is categorized as a small local business with high-quality engineers and staff. We are always accessible and ready to provide support to our customers, which has continuously increased our customer’s satisfaction to the highest level.

2.1.Key Personnel
Ali Halimi – President
Education
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5 Ali Halimi graduated from Tehran Azad University where he obtained a degree in power systems engineering in 2002.

Experience
During Mr. Halimi’s career, he has had the opportunity to work with many organizations within the engineering industry. Mr. Halimi’s career started in 2001 as an Electrical Technician at Efrat Co where he oversaw system maintenance and troubleshooting. As his career progressed, he moved into a Lead Electrical Engineer position at Tehran University and later a Project Engineer position at ETAP Corp. In 2012, Mr. Halimi was promoted to a Project Manager position at ETAP Corp. In this role, he was responsible for leading power system automation and real-time solutions for large industrial projects.

He also directed a team of eight engineers, which grew to a team of twelve when he transitioned into the T&D Dept. Manager role within ETAP Corps in 2014.

As a Department Manager, Mr. Halimi was often charged with overseeing and conducting workshops worldwide for power system engineering courses and ensuring eLearning platforms were properly integrated into physical workshops to enhance development. In 2017, Mr. Halimi took a Senior Power Systems Engineer role at Eaton Corp. Within this role, he managed large-scale projects and performed onsite visits with customers. He also led the ETAP Committee Group consisting of 20+ members.

Following this role, in 2019, Mr. Halimi took on a Project Manager role at KSG Engineering working with power system study projects, and finally, in 2020, he became the CEO and Managing Director of SMAART POWER. He’s now responsible for leading business development and marketing functions as well as hiring and securing talented engineering teams to support both large and small-scale projects.

Matt Rahmanifard – VP of Engineering
Education
Matt Rahmanifard graduated from University Ashrafi Esfahani where he obtained a degree in civil engineering in 2005. Later in 2010, he went on to obtain an Associate of Science in Electrical Engineering at Irvine Valley College and eventually a Bachelor of Science in Electrical Engineering at Southern California Institute of Technology. In 2014.

Experience
From 2005 to 2007, Mr. Rahmanifard served as an Electrical Drafter at Accessible Consulting Engineers with responsibility for reviewing and interpreting project specifications and delivering layouts for new electrical systems. He was later promoted to Electrical Designer and Tester at Accessible Consulting Engineers in 2007 where he oversaw extensive research projects and reported findings to management and stakeholders. As Project Engineer in 2009, he began to perform more in-depth electrical acceptance testing and maintenance procedures on electrical products. He also was City Council 17 – 86 10/18/2022
6 responsible for conducting field surveys and implementing new process improvements for standardized manuals and operating procedures.

Currently, Mr. Rahamifard serves as Electrical Engineering Manager at Accessible Consulting Engineering. Within his role, he performs maintenance tests on switchgears, conducts acceptance testing per NETA requirements, and schedules and coordinates power quality studies. He also conducts thermographic surveys where he’s responsible for performing infrared inspections of electrical installations with safety and quality in mind.

Andrew Mirzakhanian – Project Lead
Education
Mr. Mirzakhanian graduated from California State University where he obtained a degree in electrical engineering in 2014.

Experience
Throughout Mr. Mirzakhanian’s career, he has worked in numerous leadership roles on high-profile projects.

In 2014, Mr. Mirzakhanian was a Systems Integration Manager at Trimark Associates overseeing project schedules. In 2015, Mr. Mirzakhanian served as the Electrical Engineer/Lead Designer at KSG Engineering. Within this role, he was responsible for performing cost-benefit analysis on electrical infrastructure options, conducting feasibility studies, and performing construction administration services with the goal of ensuring compliance.

Promoted to Project Manager at KSG Engineering in 2016, Mr. Mizakhanian’s responsibilities grew to include managing project deliverables, cost impact, clientele, and unforeseen project issues. He was also responsible for managing a team of six electrical engineers, designers, and drafters with responsibility for ensuring projects are aligned with customer requirements and expectations. Currently, Mr. Mirzakhanian works as a Design Lead/Project Manager at SMAART POWER where he ensures compliance with present codes, performs cost-benefit analysis and feasibility studies, and manages project deliverables.

Salman (Sal) Kahrobaee – Lead Consultant / Project Lead Education
Salman Kahrobaee graduated from Bachelor of Science in Electrical/Power System Engineering in 2003 from the University of Tabriz. In 2006, Mr. Kahrobaee graduated from the University of Tehran with a Master of Science in Electrical/Power System Engineering. In 2014, Mr. Kahrobee graduated with a Ph.D. in Electrical Engineering and minor in Computer Science from the University of Nebraska-Lincoln.

Experience
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7 From 2003 to 2009, Mr. Kahrobaee was a Power System Engineer and Trainer at MATN International Co. where he was responsible for training over 1000 engineers in power system software. He led more than 65 power courses and workshops and also provided support in modeling wind farms such as Iran’s first operated wind farm. He then moved into a position at the University of Nebraska-Lincoln as a Research Assistant between 2019 and 2013. In this role, he developed simulation methods, proposed new indices, developed simulation models, and proposed a hybrid analyticalsimulation approach for reliability assessment.

In 2014, Mr. Kahrobaee became a Senior Power System Engineer and Manager at ETAP. As a Senior Power System Engineer, he provided services on numerous projects related to the UBC campus, railways system, and relay coordination of industrial systems.

From 2017 to 2020, Mr. Kahrobaee served as a Senior Engineer at SCE. Within this role, he was responsible for work in the areas of Grid Technology Innovation and Advanced Technology. Since 2020, Mr. Kahrobaee has worked at Substation Asset Engineering as an Electrical Manager. Within this role, he oversees a team of engineers and is responsible for providing insights for substation equipment, developing apparatus specifications, and updating design and construction standards.

Since 2020 , Mr. Kahrobaee serves as a lead consultant in SMAART POWER overseeing ta team of engineers for grid innovation technologies, substation design, feasibility studies, system analysis and project deliverables.

Certifications & Licenses
Organizational Leadership & Communications Certificate (2019 – 2021, No expiration) Kamshad Eshghi – Lead Consultant / Project Lead
Education
Mr. Esghi is a Professional Engineer and NERC Reliability Coordinator. In 2011, he graduated from Washington State University with a Bachelor of Science in Electrical Engineering. In 2014, he went on to graduate with a Master of Science in Electrical Engineering from the University of Washington – Seattle. In May 2022, Mr. Esghi is anticipated to graduate from the University of Idaho with a Ph.D. in Electrical Engineering – Power Systems.

Experience
Mr. Esghi began his career as an Electrical Engineering Intern for Comtech EF Data.

Within this role, he learned how to effectively design small FPGA to control compression boards. He eventually moved into a Power Systems Research Assistant position at Idaho National Lab in 2014 where until 2017 he was responsible for work for two highlevel research projects.

Between 2011 and May 2017, Mr. Esghi also worked as a Substation Protection and Control Engineer at Black and Veatch on serval projects. Within this role, he also had City Council 17 – 88 10/18/2022
8 the opportunity to direct a team of drafters and junior engineers, gaining leadership experience.

In May 2017, Mr. Esghi worked as a Lead Real-Time Operation Engineer at CaISO. He was responsible for power system operation, state estimation, R&D projects, and team management/leadership. As a leader, he provided support in the development of operating requirements. On the technical side, he advised on projects, performed realtime contingency studies, and supported and interpreted real-time voltage stability application solutions.

Mr. Esghi is currently serves as a lead consultant in SMAART POWER for system automation, substation protection & control and real-time operations.

Certifications & Licenses
Harvard Business School Leadership Principles
Black & Veatch ASPIRE Leadership Development
Lean Engineer Certification – Black & Veatch and CAISO
Servant Leadership Principal Certification - CAISO
As Indicated in the following organization chart, the engineering team will be involved in this project (Arc Flash Analysis And Electrical Safety Program Development) on 70% capacity as required.

City Council 17 – 89 10/18/2022
9 3. SMAART POWER ORGANIZATION CHART
The following diagrams depicts the SMAART POWER Organizational chart:

Ali Halimi
President
Andrew Mirzakhanian
Project Lead
Design Team - 2
Sal Kahrobaee
Lead Consultant
Substation Team - 2
Kamshad Eshghi
Lead Consultant
Automation Team - 1
Matt Rahmani
VP. Engineering
Study / Field Team - 4
Sunny Sharaf - COO
/ CFO
Financial / Admin
Team - 2
City Council 17 – 90 10/18/2022
10 4. Scope of Services
NFPA-70E requires an arc flash study to identify arc flash hazards, associated arc flash boundaries and required PPE. This regulation is to protect personnel by reducing exposure to major electrical hazards. The regulation helps companies and employees avoid workplace injuries and fatalities.

A typical arc flash study requires accurate modeling of the power system and the components of the electrical distribution system including all the sources which may contribute to the fault locations.

In order to accurately models the power system, detailed data gathering effort for induvial equipment is required for all the following components:
o Power supplies which contribute to the fault including utility feed(s), generators (Standby or Co-Gens), UPSs and motors.
o Protective device information including manufacturer, model, size and settings for low voltage breakers, high voltage breakers, fuses, disconnects and relays in order to determine the proper fault clearing times. o Power distribution equipment information including size, voltage ratings, current ratings, short circuit withstand capability, number of circuits, impedances and dimensions for switchgears, switchboards, panelboards, motor control centers, breaker/fuse/disconnect enclosures, automatic transfer switches, and transformers.
o Feeder cable information including the size, type and distance.

When accurate models is in place, multiple scenarios shall be created depending on the topology and operating conditions of the electrical network to calculate and determine the worst case incident energy on each individual equipment. This considers the alternative power sources which might have lower fault contribution, motors not operating, system energized by UPS or possible reduction of the fault contribution from the utility as well as bus ties and/or automatic transfer switches positions.

It is also very important to obtain the decrement curve data for generators included in the study which accurately determines their fault contribution as well as obtaining the utility fault contribution from the utility company at the time of the study.

4.1.Data Gathering
In order to prepare an accurate model for the power system study, a thorough data gathering effort shall be performed in the field for all the electrical equipment involved in the scope of the study. All the documentations, submittals, shop drawings, existing drawings such as AutoCAD, MicroStation, etc. shall be reviewed and the obtained data shall be incorporated into the models.

While gathering the information in the field, the manufacture, model, size, ratings, and dimensions of the equipment shall be obtained in order to fulfill the arc flash City Council 17 – 91 10/18/2022
11 study and IEEE standard requirements. As necessary, the cover of the equipment such as panelboards, switchboards, motor control centers, switchgears, etc. shall be removed in order to capture the required information.

All the documentations including the existing drawings shall be reviewed before and after the field data collection to make sure the required information have been obtained and if additional information can be retrieved to be incorporated into the models.

To gather the information and properly capture the required information the help of the City of Santa Ana staff and electricians are required and shall be coordinated in advance.

4.2.Device Evaluation Study
The prepared models will be used to calculate the worst case scenario fault currents which is the maximum fault currents produced by balanced three-phase and unbalanced faults at each fault location.

All the scenarios will be presented in the report in a tabular format with notes for ease of identifying the cases.

Low voltage and medium voltage equipment will be presented in separate tables identifying the device evaluation results in a color coded format for the failed equipment against their short circuit withstand capabilities along with the practical notes to address the issues or possible summarized solution(s). Equipment with Marginal device evaluation condition also will be identified for considerations.

All the identified problems, solutions and recommendations including possible replacement of the existing equipment, upgrading the equipment to the higher SCCR rating, addition of current limiting devices or device series rating recommendations based on the approved and published manufacturer’s tested tables will be mentioned in the executive summary section of the report.

4.3.Coordination Study
The protective device coordination study determines overcurrent protective relay and circuit breaker settings in order to provide an optimal compromise between protection and selectivity where possible and/or practical.

In order to properly study the protection and coordination of the power system models, all the protective device settings including the adjustable and fixed devices shall be incorporated into the model. Subsequently, time characteristic curves (TCCs) will be created per following:
o Individual TCCs will be created for each device’s zone of protection. For example for a typical switchboard, the upstream, main and downstream protective devices will be included in a TCC to show the selectivity and coordination of the devices.

City Council 17 – 92 10/18/2022
12 o The curves will be in different colors for the ease of identifying. The devices’ labels along with their settings will be organized in a way that devices are easy to distinguish and follow in an orderly fashion from upstream to downstream.
o Fault clipping currents will be displayed in the TCC for each individual bus identifying the max level of fault current that each device can clear. o Each piece of one-line associated with the TCC will be neatly placed next to the TCC for ease of identifying and associating the curves with the devices. o Each TCC will be induvial studied for possible mis-coordination or selectivity problems and any recommended adjustment for each TCC will be presented in a separate TCC with the same TCC identifier with the “RECOMMENDED” revision so the client can easily compare the recommended changes. o A list of all the created TCCs will be included in the report with their TCC identifier tag so the client can easily find the TCCs per their page number in the report.
o Not all the devices and their settings can be adjusted to achieve desired coordination and/or selectivity therefore additional recommendations may be provided such as replacing the equipment, upgrading the trip devices or rating plugs, etc.
o The format of the TCCs can be consulted with the City of Santa Ana and accommodated as desired in advance.
o Each TCC will demonstrate the phase settings of the devices following to the next TCC with the ground settings (if applicable) and also following a TCC with the recommended settings (if applicable).

Existing and recommended settings of all the devices (adjustable) will be presented in a tabular format following the TCC section in the report in separate tables for low and medium voltage equipment. If there are other types of devices such as vacuum interrupters, differential relays, etc. those will be presented in separate tables. This format can be adjusted as desired per City of Santa Ana requirements in advance.

All the findings, recommendations and solutions will be presented in the executive summary section of the report.

4.4.Arc Flash Study
As arc flash objectives was mentioned in section 1.1, the following demonstrates the practical approach and steps to the arc flash study per the following:
o All the guidelines required by the latest IEEE-1584 and NFPA-70E will be followed in order to calculate the incident energies for each individual equipment included in the models.
o As required by IEEE-1584 2018 the enclosure dimensions (width, depth and height) will be measured during the data collection (or obtained from the shop drawings/submittals) to accurately calculate the incident energies per City Council 17 – 93 10/18/2022
13 IEEE-1584 requirements. The dimensions of the enclosures and the worst case electrode configurations will be displayed in the arc flash results table. o As mentioned previously the models will be set up with multiple scenarios for the worst case scenario incident energy for each equipment. o Decrement curve method will be used in case of calculating the incident energies from the generator sources using the dynamic characteristic impedances of the generators.
o Single phase circuits/devices will be calculated separately for the incident energies and combined to the final report.
o All the scenarios will be listed with notes in a table in the report so they can be easily identified.
o Arc flash results will be presented in the report in a tabular format displaying the incident energy with the existing device settings next to the incident energy results based on the recommended device settings. Client will be easily able to identify the differences.
o The results will be color coded in the arc flash table based on the following:
▪ Incident energy results > 40cal/cm2 – magenta color
▪ Difference between incident energies of the existing vs. recommended settings – blue color
▪ Fault clearing time capped at 2 sec – yellow color
o For each identified issue for the arc flash results, recommendations or solutions there will be an individual note at the bottom of the table. o All problems, recommendations and solutions will be presented in the executive summary section of the report.
o Adjustments or approximation will be considered upon City of Santa Ana’s approval in case the information needs to be assumed.

Labels will be generated and printed based on the City of Santa Ana formatting requirements.

4.5.Study Report
The study report is comprised of different sections which includes the following:
o Revision History: includes the information regarding the revisions made to the original report
o Table of contents
o Executive Summary: which includes the results and recommendations in a tabular format individually color coded for each study section. Each presented table displays a short memo of the finding including any code violations, equipment type/ID, location of the equipment for fast locating, description of the issue or finding and the recommendations. Depending on the finding a phot of the equipment and/or its conditions will be attached to that table. Below is a sample of the above description:

City Council 17 – 94 10/18/2022
14 o Short circuit analysis: this section presents all the information regarding the device duty calculation, a brief methodology of short circuit calculation per IEEE/ANSI standards including the tabular format of the scenarios and results along with the supportive notes.
o Protective device coordination study: this section includes the information regarding the device coordination, a brief methodology per standards, list of all the TCCs, TCC graphs, and device settings in tabular format with adjustable settings for low and medium voltage devices. o Arc flash study: this section includes the information regarding the arc flash study, a brief methodology per standards, list of all the scenarios, and a tabular format of the incident energy results.
o System data: this section reflects all the resources and documentations utilized for the study for equipment, data gathering and modeling including the assumptions.
o Utility data: fault current information obtained from the utility for the purpose of study for each model.

City Council 17 – 95 10/18/2022
15 o Short circuit input/output reports: this section presents the input/output reports and all the associated calculations. This section can be added as an attachment and not incorporated into the main report upon City of Santa Ana’s request.
o One line diagrams: this section represents the one line diagram with a very comprehensive set of the data shown for individual equipment including ratings, settings, etc. It is very easy to navigate and find associated information for any equipment in the one line which is also color coded based on the voltage levels. The format of the presented data for each equipment can be customized upon City of Santa Ana’s request. Below show a sample of the data formats shown on the one-lines:

City Council 17 – 96 10/18/2022
16 4.6.Common Problems / Observations
The following improvements to the potential issues which can be common and/or typical can be recommended in respect to the developing the arc flash models and study for the City of Santa Ana electrical systems:
o Coordinating and arrangements with the utility company and identifying the designated engineer in there ahead of time in order to obtain the available fault current(s) for the system study.
o Coordination between the client (City of Santa Ana) and the contractor in the kick off meeting(s) to allocate specific times and technicians familiar with the job-site for the data collection activity in order to avoid delays. o Providing the existing documentations and past reports to assist contactor reviewing and identifying what needs to be performed ahead of time in order to get ready for the data collection effort. This also possibly includes the type of relays that have been installed in the field for preparation purposes. o Making sure that the contractor has access to the electrical rooms and equipment in the normal hours. Coordinating with the contractor for outside of the normal hours.
o Identifying the proper tools / equipment prior to the data collection effort in order to avoid delays. For some older / newer relays proper software or tools are needed in order to read/download the settings of the relays. o Coordinate shutdowns (if required) and proper lighting in case of shutdowns for the data collection activity.

SMAART POWER is dedicated to provide a high quality service to all of its customers as it currently has with a very high rate of satisfaction. The responsiveness, being on-time and addressing the issues with the deep understanding of the power systems and problem solving capabilities, makes us one of a kind in the industry. We make sure all the details and corners are covered and nothing is left behind or unresolved.

City Council 17 – 97 10/18/2022
17 5. Relevant Project Experience
No. Client Name Address Contact name Telephone Email Project Schedule Cost Personnel's name Responsibility
1 Naval Base Facility (NAVFAC) 3455 Senn St, San Diego, CA 92136 Tom Rettenmaier 805-390-6245 [email protected] 9/20 - 6/21 $110,000.00 Ali Halimi Project Manager 2 Naval Air Weapon Station 1 Administrative Circle, Ridgecrest, CA 93555 Tom Rettenmaier 805-390-6245 [email protected] 6/20 - 11/21 $72,500.00 Ali Halimi Project Manager 3 Los Angeles Metropolitan
Transportation Authority 1 Gateway Plaza, Los Angeles, CA 90012 Teo Dominguez 818-763-9179 [email protected] 1/21 - 12/21 $45,000.00 Ali Halimi Project Manager 4 Naval Facilities Engineering
Command Southwest 311 Main Rd, NAS Point Mugu, CA 93042 Tom Rettenmaier 805-390-6245 [email protected] 7/20 - 3/21 $38,500.00 Andrew
Mirzakhanian Project Manager
5 NASA Jet Propulsion Laboratory
Buildings 4800 Oak Grove Dr, Pasadena, CA 91109 $245,000.00 Andrew
Mirzakhanian Project Manager
6 South Tempe Water Treatment Plant 6600 S Price Rd, Tempe, AZ 85283 Michelle Sora 520-471-3855 [email protected] 1/21 - 8/21 $25,500.00 Ali Halimi Project Manager 7 Arlington Generation Plant 39027 W Elliot Rd, Arlington, AZ 85322 Michelle Sora 520-471-3855 [email protected] 1/22 - Ongoing $88,500.00 Ali Halimi Project Manager 8 Leucadia Wastewater District 1960 La Costa Ave, Carlsbad, CA 92009 Barry Kimble 907-268-8127 [email protected] 11/20 - 9/21 $12,200.00 Ali Halimi Project Manager 9 Lake Michigan Water Treatment
Plant
17350 Lake Michigan Dr, Grand Rapids, MI
49503 11/18 - 5/19 $18,800.00 Ali Halimi Project Manager 10 Occidental Petroleum - Midland
Refinery 1600 Gehrig Dr, Midland, TX 79706 David Renfro 713-540-4815 [email protected] 1/14 - 10/17 $268,000.00 Ali Halimi Project Manager 11 USC Norris / Norman Hospitals 1441 Eastlake Ave, Los Angeles, CA 90033 Adrian Kyzima 818-330-7173 [email protected] 1/22 - Ongoing $44,550.00 Andrew
Mirzakhanian Project Manager
12 UTC Aerospace Systems
11120 Norwalk Blvd, Santa Fe Springs, CA
90670 Marco Vasquez (323) 353-6231 [email protected] 10/21 - 3/22 $30,800.00 Matt Rahmani Project Manager 13 Aera Energy Refinery 10000 Ming Ave, Bakersfield, CA 93311 Tom Edgar 760-223-9206 [email protected] 5/18 - 6/19 $148,600.00 Ali Halimi Project Manager 14 Tennessee Valley Authority -
Sequoyah Nuclear Plant 2440 Igou Ferry Rd, Soddy-Daisy, TN 37379 Mark Bowman 423-593-5417 [email protected] 5/21 - 9/21 $55,000.00 Ali Halimi Project Manager 15 B.Braun Medical Manufacturing
Plant 2525 McGaw Ave, Irvine, CA 92614 Nima Bayan 949-278-3945 [email protected] 6/14 - 10/15 $218,000.00 Ali Halimi Project Manager 16 Seattle City Light 700 5th Ave #3200, Seattle, WA 98104 Margaret Kirk 360-649-2429 [email protected] 6/15 - 10/17 $446,800.00 Ali Halimi Project Manager 17 ZADCO Offshore Plant UAE 8/15 - 12/16 $96,500.00 Ali Halimi Project Manager 18 Michigan Technical University 1400 Townsend Dr, Houghton, MI 49931 9/18 - 12-18 $12,100.00 Ali Halimi Project Manager 19 Disney Studios (15 Buildings) Glendale/Burbank, CA Adrian Kyzima 818-330-7173 [email protected] $110,000.00 Andrew
Mirzakhanian Project Manager
20 Enwave Wells Fargo Center
707 Wilshire Blvd Fl 1, Los Angeles, CA
90017 Michael Lahlou (714) 713-6962 [email protected] 8/21 - 11/21 $15,500.00 Matt Rahmani Project Manager 21 Future Foam Manufacturing 2451 Cypress Way, Fullerton, CA 92831 Brad Peikert (714) 862-5409 [email protected] 5/21-8/21 $36,500.00 Matt Rahmani Project Manager 22 Cedar Sinai Medical Center Davis
Building
110 N George Burns Rd, Los Angeles, CA
90048 abbas heydari (310)-877-2835 [email protected] 4/19-8/19 $88,200.00 Matt Rahmani Project Manager 23 TRM Manufacturing 375 TRM Cir, Corona, CA 92879 DON NELSON (951) 532-9572 [email protected] 6/20-9/20 $66,100.00 Matt Rahmani Project Manager 24 Childern's Hospital LA 4650 Sunset Blvd, Los Angeles, CA 90027 OSCAR
MARTINEZ (714) 882-0062 [email protected] 8/21-10/21 $19,000.00 Matt Rahmani Project Manager 25 Holy Cross Medical Center, Utility
Building #5 15031 Rinaldi St, Mission Hills, CA 91345
OSCAR
MARTINEZ (714) 882-0062 [email protected] 10/21-1/22 $15,800.00 Matt Rahmani Project Manager City Council 17 – 98 10/18/2022
18 6. Project References
Project-1: Naval base Facility (NAVFAC) – San Diego, CA Year Completed: 2021
Client Name: NAVAL BASE
Contact: Tom Rettenmaier
Phone: (805) 390-6245
The scope of this project was modeling the entirety of the new substation for Pier-8 location for multiple ship skids fed from one of the main switchyards including the existing protection and feeders.

The scope of the power system study was delineated at multiple redundant stations with transformers sized at 8MVA, 4MVA and 2.5MVA with several voltage regulators down to the 480V distribution circuits tied to renewable energy system (solar). Comprehensive power systems study was performed comprising power flow study, short circuit device evaluation, protective device coordination and arc flash hazard assessment/mitigation as well as programming SEL relays.

This was a ten-month project that required gathering existing data, cross-referencing the existing single line diagram, and updating documents to ensure accurate record documents. Additional scope included highlighting existing installation code violations and recommendations to remedy and comply with current codes and standards.

The overall power system study included a total of twenty-four scenarios of operation between utility and backup system, highlighting the worst-case incident energy at each piece of equipment. Deficiencies within the electrical system were highlighted and presented with recommendations to remedy such deficiencies, such as overdutied equipment, incident energies greater than 40cal/cm^2, and miscoordination between protection tiers.

Project-2: Naval Air Weapons Station – Ridgecrest, CA
Year Completed: 2021
Client Name: NAVAL AIR WEAPONS STATION
Contact: Tom Rettenmaier
Phone: (805) 390-6245
The scope of this project was modeling four new substations replacements and perform load flow study, short circuit device evaluation, protective device coordination and Arc flash hazard assessment/mitigation studies.

Each substation is fed from the upstream switching station with 2500kVA, 2000kVA, 1500KVA and 1000kVA transformers including voltage regulators and Tri-Phase switches/protection from 12kV to 4.16kV / 480V loads.

During the modeling and study, some deficiencies were found such as overdutied protective devices and adjustment of relay setpoints to coordinate with the upstream and downstream circuits.

This studies for those four new substations may lead to the study for the entire electrical system of the facility due to some mis-coordination problems found in the study.

City Council 17 – 99 10/18/2022
19 Each substation was successfully energized and commissioned and all tests were passed according to the power system study report for this project.

Project-3: Los Angeles Metropolitan Transportation Authority – Los Angeles, CA Year Completed: 2021
Client Name: LOS ANGELES METROPOLITAN TRANSPORTATION AUTHORITY Contact: Teo Dominguez
Phone: (818) 763-9179
The scope of this project was to model three entire stations of the “Los Angeles Metropolitan Transportation Authority” (East/West 1st Central Stations, East/West 2nd Broadway Stations and East/West 2nd Hope Stations) with a lot of upgrades to the existing equipment, new installations of breakers and relays, and extending the power distribution to the new circuits.

The analysis included coordinating with the upstream 34.5kV circuits with normal/reserved power from the utility and two feeds for each station. Each station has very large motors and a bunch of smaller motors with UPSs.

The new installations as well as replacements/upgrades/retrofits to the exiting breakers needed to be evaluated for the available fault currents from the utility. In addition, the entire stations for all three needed to be re-evaluated for the coordination study, and new and recommended settings had to be provided. Arc flash study needed to be performed for all three stations as well.

During the short circuit study, a few breakers/MCCs failed. Looking further into the study and verifying the actual operation of some of the larger motors, we found out some of them operated intermittently and not at the same time. That alleviated the problem of high fault currents contributing from those larger motors.

We also came across situations that by adjusting and recommending settings for some of the breakers to achieve proper coordination and selectivity, the incident energies on some of the equipment would go higher. We also suggested the replacement of the breakers with more advanced electronic trip devices to mitigate the incident energies.

However, due to the associated cost, the owner decided to stay with the current equipment.

The owner of the project also decided to utilize the recommended settings for some of the non-critical circuits, which could be de-energized for performing work on them. For the rest, the old settings were utilized to keep the incident energies down while compromising selectivity since those circuits could not be de-energized prior to work since they were part of the critical circuits and had to be kept energized at all times.

7. Electrical Safety Program
SMAART POWER will create and implement a Safety Program which will be in accordance with the guidelines set out by OSHA and the 70E requirements for electrical safety in the workplace, based on the specific needs of the Santa Ana Public Works Agency. The Safety Program will include, but not be limited to the following:
- Defining the requirements to meet safety standards
City Council 17 – 100 10/18/2022
20 - Identifying potential hazards and their relations to risks - Identifying and defining Limited Approach boundaries and Arc Flash boundaries
- Determining the Proper PPE needed
o Identify what face, hands, and feet equipment will be needed to protect from any hazards
o Identify proper clothing allowed and that which is not permitted when working with electrical equipment
- Creating an Electrical Work Policy which will determine guidelines when working with energized equipment
- Creating guidelines for de-energized work
- Creating a check list that can be used for all workers to minimize potential hazards
- Creating a check list for Supervisors to inspect areas of potential hazards to ensure safety
- Ensuring all hazardous and energized areas are properly identified using appropriate signage and warnings
- Develop a schedule for proper evaluation of all areas of risk - Training necessary personnel in key positions this safety program so they may implement and train others in the set standards going forward. - Create documents to be utilized for Safety compliance which will include images of the specific locations and charts in order to ensure safety and minimize hazard risks.

City Council 17 – 101 10/18/2022
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21 8. Insurance Certificates
City Council 17 – 104 10/18/2022
12/21/2021
Cornerstone Specialty Insurance Services, Inc.
14252 Culver Drive, A299
Irvine CA 92604
Aimee Guesno
(714) 731-7700 (714) 731-7750
[email protected]

SMAART POWER
24301 Rhona Drive
Laguna Niguel CA 92677
RLI Insurance Company 13056
A

ADDT'L INSURED / P & NC
BLNKT WVR OF SUBRO PSB0009703 08/31/2021 08/31/2022
2,000,000
1,000,000
10,000

INCLUDED
4,000,000
4,000,000
A PSB0009703 08/31/2021 08/31/2022
2,000,000
A PSE0004848 12/14/2021 08/31/2022
3,000,000
3,000,000
Evidence of coverage in force. Contractual insurance requirements will be addressed at the time the contract is awarded.

FOR PROPOSAL PURPOSES ONLY PLEASE CONTACT

CORNERSTONE SPECIALTY

TO VERIFY COVERAGE IN FORCE

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$

PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS

NON-OWNED

OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTHSTATUTEPER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY)

POLICY EFF

LTR TYPE OF INSURANCE POLICY NUMBER
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $
AGGREGATE $
$
OCCUR

CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG $
GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $

DAMAGE TO RENTED
PREMISES (Ea occurrence) $

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PROJECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
City Council 17 – 105 10/18/2022
0 Wellfleet Insurance Company 32280
11/17/2021
A N9WC369231 11/16/2021 11/16/2022
Clean Energy
4675 MacArthur Court Suite 800
Newport Beach, CA 92660
SANAZ SHARAFKHANIAN;
Additional Named Insured:SMAART POWER
Exclusions:

X
1,000,000
1,000,000
1,000,000
Y
0 0
0 0
0 SMAART POWER

SMAART POWER
24301 RHONA DR
Laguna Niguel, CA 92677
BIBERK
P.O. Box 113247
Stamford, CT 06911
Professional Liability (Errors &
Omissions): Claims-Made
Per Occurrence/
Aggregate
844-472-0967 203-654-3613
[email protected]
City Council 17 – 106 10/18/2022
Berkshire Hathaway Direct Insurance Company 10391
08/30/2021
Clean Energy
4675 MacArthur Court Suite 800
Newport Beach, CA 92660

SMAART POWER
24301 RHONA DR
Laguna Niguel, CA 92677
BIBERK
P.O. Box 113247
Stamford, CT 06911
A
Professional Liability (Errors &
Omissions): Claims-Made N9PL079670 Per Occurrence/
Aggregate 08/31/202108/31/2022 $1,000,000/$2,000,000
844-472-0967 203-654-3613
[email protected]
City Council 17 – 107 10/18/2022
22 9. Non-Collusion Affidavit
City Council 17 – 108 10/18/2022
City Council 17 – 109 10/18/2022
23 10. Non-Lobbying Certification
City Council 17 – 110 10/18/2022

City Council 17 – 111 10/18/2022
24 11. Non-Discrimination Certification
City Council 17 – 112 10/18/2022
City Council 17 – 113 10/18/2022
25 12. Agreement Statement
SMAART POWER has reviewed the sample agreement contract and finds no areas of concern except item #1 in the following in regards to the agreement:

1. SMAART POWER is not certain if “Arc Flash Study Development for the City of Santa Ana” falls under prevailing wage requirements as indicated in Attachment-4 Section.4 therefore SMAART POWER considers the provided “Fees and Standard Cost Schedule” is applicable to this project as indicated in the “FEE & STANDARD COST SCHEDULE” attachment.

2. Be able to perform the agreed upon work with knowledge and expertise

3. Complete the project as defined in Scope of Services

4. Accept payment as outlined and will provide applicable invoices evidencing work performed

5. Be construed as an independent contractor for the city of Santa Ana.

6. Allow non-exclusive and perpetual license for the city to use and copy programs created

7. Provide proof of insurance as required

8. Maintain confidentiality in regard to information that may be proprietary or confidential

9. Have no conflicting interests in regards to this projects and the performance of services.

City Council 17 – 114 10/18/2022

EXHIBIT C
City Council 17 – 115 10/18/2022








City Council 17 – 116 10/18/2022


















City Council 17 – 117 10/18/2022
Classification Hr Rate Indirect (%) Subtotal Profit (%) Total Registered Principal Engineer
$ 130.00 30.0 169.00 $ 15.0
$ 194.35
Registered Engineer
$ 110.00 30.0 143.00 $ 15.0
$ 164.45
Senior Engineer
$ 90.00 25.0 112.50 $ 12.5
$ 126.56
Field Engineer
$ 85.00 35.0 114.75 $ 12.5
$ 129.09
Junior/Assistant Engineer
$ 65.00 20.0
$ 78.00 10.0
$ 85.80
Project Manager
$ 85.00 20.0 102.00 $ 15.0
$ 117.30
Designer
$ 95.00 25.0 118.75 $ 12.5
$ 133.59
Draftsman
$ 65.00 25.0
$ 81.25 10.0
$ 89.38
Report Processor
/ Administration
$ 45.00 35.0
$ 60.75 10.0
$ 66.83
Other Direct Costs
Items/ExpenseTravel Cost
+ 5%
Mileage 0.3/mi
SMAART POWER LLC. STANDARD HOURLY FEE SCHEDULE
 City Council 17 – 11810/18/2022  Planning and Building Agency
www.santa-ana.org/pb
Item # 18
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 18, 2022
TOPIC: Approval of Historic Property Preservation Agreements AGENDA TITLE:

Historic Property Preservation Agreements

RECOMMENDED ACTION
Authorize the City Manager or designee to execute the attached Mills Act agreements with the below-referenced property owners for the identified structure(s), subject to nonsubstantive changes approved by the City Manager and City Attorney.

Property Owner(s)
Historic Property
Preservation
Agreement No.

Address/House Vote by HRC
Benjamin and
Catherine Mayberry 2022-03 2405 N Bonnie Brae
6:1:0:2
(Pena Sarmiento and
Shipp Absent)
Duane Rohrbacher
and Shannon Quihuiz 2022-05 419 E. Wellington Avenue
7:0:0:2
(Pena Sarmiento and
Shipp Absent)
Eriq Dominguez 2022-13 2222 N Ross Street
7:0:0:2
(Pena Sarmiento and
Shipp Absent)
Mark and Wendy
Blalock 2022-14 1720 N Olive Street
7:0:0:2
(Pena Sarmiento and
Shipp Absent)
Yi Ran and Tom
Nguyen 2022-15 1802 N Ross Street
7:0:0:2
(Pena Sarmiento and
Shipp Absent)
Marny Gae Renteria 2022-16 1128 W Riviera Drive
7:0:0:2
(Pena Sarmiento and
Shipp Absent)
Katherine Canada 2022-17 2425 N Valencia
Street
7:0:0:2
(Pena Sarmiento and
Shipp Absent)
City Council 18 – 1 10/18/2022
Approval of Historic Property Preservation Agreements
October 18, 2022

DISCUSSION
On September 8, 2022, the Historic Resources Commission (HRC) recommended that the City Council authorize the City Manager to execute the above-referenced Mills Act agreements with the identified property owners for historic structure(s) in the city, subject to non-substantive changes approved by the City Manager and City Attorney. This action allows for the approval of a Historic Property Preservation Agreement (Mills Act Contract) which provides a property tax reduction whereby property owners agree to reinvest the tax savings towards the maintenance of the historic property. Additionally, the agreement prevents inappropriate alterations to the protected historic structure(s).

ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the proposed projects are exempt from further review. The following Categorical Exemptions will be filed for this project:
• ER No. 2022-45 (2405 N Bonnie Brae)
• ER No. 2022-79 (1802 N Ross Street)
• ER No. 2022-80 (1128 W Riviera Drive)
• ER No. 2022-81 (1720 N Olive Street)
• ER No. 2022-82 (2222 N Ross Street)
• ER No. 2022-83 (2425 N Valencia Street)
• ER No. 2022-84 (419 E Wellington Avenue)

FISCAL IMPACT
The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $7,251.58 annually noted below, for a period of not less than ten years.

HPPA No. Address Estimate Exhibit No.
2022-03 2405 N Bonnie Brae $1,042.18 1-2
2022-05 419 E Wellington Avenue $908.99 3-4
2022-13 2222 N Ross Street $874.16 5-6
2022-14 1720 N Olive Street $913.89 7-8
2022-15 1802 N Ross Street $1,120.35 9-10
2022-16 1128 W Riviera Drive $1,179.26 11-12
2022-17 2425 N Valencia Street $1,212.75 13-14
Total for All Properties: $7,251.58

EXHIBIT(S)

1. Mills Act Agreement – 2405 N Bonnie Brae

2. HRC Staff Report – 2405 N Bonnie Brae

3. Mills Act Agreement – 419 E Wellington Avenue

4. HRC Staff Report – 419 E Wellington Avenue

5. Mills Act Agreement – 2222 N Ross Street

6. HRC Staff Report– 2222 N Ross Street
City Council 18 – 2 10/18/2022
Approval of Historic Property Preservation Agreements
October 18, 2022

7. Mills Act Agreement – 1720 N Olive Street

8. HRC Staff Report– 1720 N Olive Street

9. Mills Act Agreement – 1802 N Ross Street

10. HRC Staff Report– 1802 N Ross Street

11. Mills Act Agreement – 1128 W Riviera Drive

12. HRC Staff Report– 1128 W Riviera Drive

13. Mills Act Agreement – 2425 N Valencia Street

14. HRC Staff Report– 2425 N Valencia Street
Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Kristine Ridge, City Manager
City Council 18 – 3 10/18/2022

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 Benjamin K. and Catherine I. Mayberry, Husband and Wife as Joint Tenants, (hereinafter collectively referred to as “Owner”), owner of real property located at 2405 Bonnie Brae, 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 2405 Bonnie Brae, 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 1
City Council 18 – 4 10/18/2022

MILLS ACT AGREEMENT
2405 Bonnie Brae
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 October 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.

City Council 18 – 5 10/18/2022

MILLS ACT AGREEMENT
2405 Bonnie Brae
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 City Council 18 – 6 10/18/2022

MILLS ACT AGREEMENT
2405 Bonnie Brae
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 2405 Bonnie Brae, Assessor Parcel Number, 002-121-16, 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 18 – 7 10/18/2022

MILLS ACT AGREEMENT
2405 Bonnie Brae
Santa Ana, CA 92706
- 5 -
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: Benjamin and Catherine Mayberry
2405 Bonnie Brae
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 18 – 8 10/18/2022

MILLS ACT AGREEMENT
2405 Bonnie Brae
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}
City Council 18 – 9 10/18/2022

MILLS ACT AGREEMENT
2405 Bonnie Brae
Santa Ana, CA 92706
- 7 -
ATTEST: CITY OF SANTA ANA
_________________________

KRISTINE RIDGE
________________________
Clerk of the Council
City Manager
OWNER
Date: ___________________ By:__________________
BENJAMIN K. MAYBERRY
Date: ___________________ By:__________________
CATHERINE I. MAYBERRY
APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL:

SONIA CARVALHO
City Attorney
By: _____________________ _____________________
JOHN M. FUNK MINH THAI
Chief Assistant City Attorney Executive Director
Planning and Building Agency
City Council 18 – 10 10/18/2022

MILLS ACT AGREEMENT
2405 Bonnie Brae
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:

LOTS 5 AND 6 OF TRACT NO. 761, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 22, PAGES 35

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

Assessor’s Parcel Number: 002-121-16
City Council 18 – 11 10/18/2022

EXECUTIVE SUMMARY
Gibbs-Wasley House
2405 Bonnie Brae
Santa Ana, CA 92706
NAME Gibbs-Wasley House REF. NO.

ADDRESS 2405 Bonnie Brae
CITY Santa Ana ZIP 92706 ORANGE COUNTY
YEAR BUILT 1928 LOCAL REGISTER CATEGORY: Key
HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park
CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 2D 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 Gibbs-Wasley House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an example of the Tudor Revival style in Santa Ana. Additionally, the house has been categorized as “Key” because it has a distinctive architectural style and quality as an example of 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.
2D: Contributor to a district determined eligible for NR by the Keeper. Listed in the CR.

Exhibit B
City Council 18 – 12 10/18/2022
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) Gibbs-Wasley 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 2405 Bonnie Brae City Santa Ana Zip 92706
*e. Other Locational Data: Assessor’s Parcel Number 002-121-16 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in Floral Park, the Gibbs-Wasley House is a two-story single-family residential building constructed in the Tudor Revival style. Asymmetrical in design, the house exhibits a steeply pitched complex gable roof clad in composition shingle roofing. The exterior of the building is clad a combination of brick and stucco exterior walls. Notable detailing include multiple roof pitches with 12:12 pitched roofs on dominant gables, multiple overlapping gables, and varied eave heights. In addition, the home features a mixture of shed and dormer gables, a double gable at west side façade, exposed, rounded and notched rafter tails and bargeboards in the shallow eaves, and arched gable vents. The primary front elevation is defined by a dramatic bellcast to one rake of the front gable and a prominent, barrel vaulted entry vestibule and correspondingly arched, wood-paneled, front door with plaster quoins in arched entry recess. The brick wainscot along the entire south façade, and along a portion of the east façade are not original, nor is the brick cladding of the entry porch. The home features multiple tall, attached brick chimneys rising above the roofline. Multi-light casement windows clustered in pairs, triples, and larger groups can be found along the first and second floor of the primary (south) elevation while fenestration on the side and rear elevations consists of double-hung windows with plaster sills. Substantially intact, the house is currently being expanded. The additions are appropriately located on the north (rear) and northwest elevations and in the basement of the house and on the west elevation of the garage. New construction, including a swimming pool and pool pavilion will be placed in the northwest interior section of the property and will not be visible. The property is simply landscaped with a mature trees, lawn, low vegetation and brick-paved entry, stairs, and pathways. The driveway is located along the east elevation and leads to the detached, two-car garage, also clad in stucco. *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
May 2022
*P6. Date Constructed/Age and
Sources: historic
1928/ City of Santa Ana Building
Permits
*P7. Owner and Address:

Benjamin and Catherine Mayberry
2405 Bonnie Brae
Santa Ana, CA 92706
*P8. Recorded by:

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

July 7, 2022
*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 18 – 13 10/18/2022
State of California  The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________

BUILDING, STRUCTURE, AND OBJECT RECORD

*Resource Name or #: Gibbs-Wasley House
B1. Historic Name: Gibbs-Wasley 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): September 19, 1928. Constructed. $15,000.

May 21, 1946. Termite work by Geo. E. Peterson, contr. For Glen Mathis. $60.

July 15, 2003. T/o existing comp. and apply comp. to both garage and house. $5,824.

November 18, 2019. Repair/replace drywall as required. $15,000.

March 8, 2022 (permit issue date). Extend (e) basement, add bathroom and extend (e) kitchen, remodel (e) mudroom and laundr,y room. $150,000.

March 8, 2022 (permit issue date). Extend (e) garage, remove and reconfigure overhead garage doors, remove and replace mandoor. $15,000.

March 8, 2022 (permit issue date). Free standing pavillion w/storage rooms and fireplace and arbor. $35,000.

March 8, 2022 (permit issue date). Install swimming pool and spa. $60,000. *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: 1928 Property Type: Single-Family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Gibbs-Wasley House is architecturally significant as a characteristic example of the Tudor Revival architectural style in Santa Ana. It was built in 1928 for $15,000. According to City directories, the first owners were William Isbell Gibbs and his wife Jessamyne Gibbs. They lived in the home for 16 years from 1929 to 1945. Mr. Gibbs was a partner at Gibbs and Scott Auto Repair in the rear of 726 S. Main Street in Downtown Santa Ana. The Gibbs were prolific in the Santa Ana social scene in the 1930s and entertained in the home often. Mrs. Gibbs was involved in local women’s organizations. The home was sold in 1947 to rancher Glenne E. Mathis and his wife Charlotte who lived in the home for a short time. In 1954 the home was sold to Dr.

William L. Wasley and his wife Ruth. William had several advanced and post-graduate degrees and was a research chemist for the U.S. Department of Agriculture. In 1957, Bill joined the US Department of Agriculture, Western Regional Research Laboratory. His research included fiber and polymer chemistry. In 1962 the home was occupied by George and Vernelle Frazier, George was a local realtor. After 1962 the home was occupied by several owners, in recent years it was owned by Marcia Cruchley who sadly passed away and the home is now in the care of new owners. (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: Leslie Heumann/Chattel, Inc.
*Date of Evaluation: July 7, 2022
DPR 523B (1/95) *Required information
Sketch Map
(This space reserved for official comments.)
Gibbs-Wasley House
2405 Bonnie Brae
N
City Council 18 – 14 10/18/2022
State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________

*Recorded by Pedro Gomez *Date July 7, 2022  Continuation  Update DPR 523L
*B10. Significance (continued):

The Gibbs-Wasley 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 (2022) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens.

The Gibbs-Wasley House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an example of the Tudor Revival style in Santa Ana. Additionally, the house has been categorized as “Key” because it has a distinctive architectural style and quality as an example of the Tudor Revival style in Santa Ana (Santa Ana Municipal Code, Section 30-

2.2). Character-defining features of the house include, but are not limited to:asymmetrical massing and composition; a steeply pitched, complex gable roof; a combination of brick and stucco exterior walls, and multiple tall, brick attached chimneys. Notable detailing includes the dramatic bellcast to one rake of the front gable; exposed, rounded and notched rafter tails and bargeboards in the shallow eaves; brick entry surround featuring common bond with every fourth course raised; a barrel vaulted entry vestibule and correspondingly arched, wood-paneled, front door; brick dado reaching to first floor sill level; gabled dormers; multi-light casement windows clustered in pairs, triples, and larger groups; and brick-paved entry, stairs, and pathways.
*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 18 – 15 10/18/2022

MILLS ACT AGREEMENT
2405 Bonnie Brae
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 18 – 16 10/18/2022

MILLS ACT AGREEMENT
2405 Bonnie Brae
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 18 – 17 10/18/2022
Planning and Building Agency
Item # 1
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Historic Resources Commission Staff Report
September 8, 2022
Topic: HRCA No. 2022-13, HRC 2022-6, HPPA No. 2022-3 – Gibbs-Wasley House

RECOMMENDED ACTION

1. Adopt a resolution approving Historic Resources Commission Application No. 2022- 13 and Historic Register Categorization No. 2022-6 (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 Benjamin and Catherine Mayberry, subject to non-substantive changes approved by the City Manager and City Attorney (Exhibit 2).

EXECUTIVE SUMMARY
Benjamin and Catherine Mayberry are requesting approval to designate an existing residence located at 2405 Bonnie Brae to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana.

The request was originally agendized for the July 7, 2022, Historic Resources Commission (HRC) meeting. However, after opening up the public hearing and discussing the request, the HRC voted to continue the item to the next regular meeting.

The item was continued to allow the HRC time to ensure that ongoing construction on the site was in keeping with the approval of Historic Exterior Modification Application (HEMA) No. 2021-03, which was granted by the HRC on July 1, 2021, to allow exterior modifications to the residence. The exterior modifications consisted of additions to the first floor, basement, and detached garage, and the construction of a pool and spa and three detached accessory structures. For reference, staff has included site photos of the ongoing construction (Exhibit 4) and has included the HRC approved drawing exhibits (Exhibit 5), which include the approved site plan, demolition plans, floor plans, and elevations.

Historic Resources Commission City Council 18 – 1 – 181 10/18/2022 9/8/2022 HRCA No. 2022-13, HRC 2022-6, HPPA No. 2022-3 – Gibbs-Wasley House September 8, 2022

DISCUSSION
Project Location and Site Description
The subject property is located on the northwest corner Benton Way and Bonnie Brae, in the Floral Park neighborhood. The site contains a 3,784-square-foot, Tudor Revival style residence and detached garage on a 15,700-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 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 Gibbs-Wasley House is architecturally significant as a characteristic example of the Tudor Revival architectural style in Santa Ana. It was built in 1928 for $15,000.

According to City directories, the first owners were William Isbell Gibbs and his wife Jessamyne Gibbs. They lived in the home for 16 years from 1929 to 1945. Mr. Gibbs was a partner at Gibbs and Scott Auto Repair in the rear of 726 S. Main Street in downtown Santa Ana. The Gibbs were enthusiastic participants in the Santa Ana social scene in the 1930s and entertained in the home often. Mrs. Gibbs was involved in local women’s organizations. The home was sold in 1947 to rancher Glenne E. Mathis and his wife Charlotte, who lived in the home for a short time. In 1954, the home was sold to Dr. William L. Wasley and his wife Ruth. William had several advanced and postgraduate degrees and was a research chemist for the U.S. Department of Agriculture. In 1962 the home was occupied by local realtor George Frazier and his wife Vernelle Frazier.

The Gibbs-Wasley House is a two-story single-family residential building constructed in the Tudor Revival style. Asymmetrical in design, the house exhibits a steeply pitched Historic Resources Commission City Council 18 – 1 – 192 10/18/2022 9/8/2022 HRCA No. 2022-13, HRC 2022-6, HPPA No. 2022-3 – Gibbs-Wasley House September 8, 2022

complex gable roof covered in composition shingle roofing. The exterior of the building is clad a combination of brick and stucco exterior walls. Notable detailing includes multiple roof pitches with 12:12 pitched roofs on dominant gables, multiple overlapping gables, and varied eave heights. In addition, the home features a mixture of shed and dormer gables; a double gable at west side façade; exposed, rounded and notched rafter tails and bargeboards in the shallow eaves; and arched gable vents. The primary front elevation is defined by a dramatic bellcast to one rake of the front gable and a prominent, barrel vaulted entry vestibule and correspondingly arched, wood-paneled, front door with plaster quoins in arched entry recess. The brick wainscot along the entire south façade, and along a portion of the east façade are not original, nor is the brick cladding of the entry porch or the front pathway. Although not original, the brick waiscot is compatible with the Tudor Revival style. The home features multiple tall, attached brick chimneys rising above the roofline. Multi-light casement windows clustered in pairs, triples, and larger groups can be found along the first and second floor of the primary (south) elevation while fenestration on the side and rear elevations consists of double-hung windows with plaster sills. Substantially intact, the house is currently being expanded. The additions are appropriately located on the north (rear) and northwest elevations and in the basement of the house and on the west elevation of the garage.

New construction, including a swimming pool and pool pavilion, will be placed in the northwest interior section of the property and will not be visible. The property is simply landscaped with a mature trees, lawn, low vegetation and brick-paved entry, stairs, and pathways. The driveway is located along the east elevation and leads to the detached, two-car garage, also clad in stucco. Character-defining features of the house include, but are not limited to: asymmetrical massing and composition; a steeply pitched, complex gable roof; a combination of brick and stucco exterior walls; and multiple tall, brick attached chimneys.

The Gibbs-Wasley House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an example of the Tudor Revival style in Santa Ana.

Additionally, the house has been categorized as “Key” because it has a distinctive architectural style and quality as an example of 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 Historic Resources Commission City Council 18 – 1 – 203 10/18/2022 9/8/2022 HRCA No. 2022-13, HRC 2022-6, HPPA No. 2022-3 – Gibbs-Wasley House September 8, 2022

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 are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2022-45 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 $1,042.18 annually, for a period of not less than ten years.

EXHIBIT(S)

1. Resolution

2. Mills Act Agreement

3. 500-Foot Radius Map

4. Site Photos - 2405 Bonnie Brae

5. 2405 Bonnie Brae Approved Plans - HEMA No. 2021-03

6. July 1, 2022 - HRC Meeting Staff Report and Resolution of Approval Historic Resources Commission City Council 18 – 1 – 214 10/18/2022 9/8/2022 HRCA No. 2022-13, HRC 2022-6, HPPA No. 2022-3 – Gibbs-Wasley House September 8, 2022

7. July 1, 2021 HRC Meeting Action Minutes
Submitted By:

Pedro Gomez, AICP, Senior Planner
Approved By:

Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency
Historic Resources Commission City Council 18 – 1 – 225 10/18/2022 9/8/2022

FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2022-XXX

RESOLUTION NO. 2022-XXX

A RESOLUTION OF THE HISTORIC RESOURCES

COMMISSION OF THE CITY OF SANTA ANA APPROVING

HISTORIC RESOURCES COMMISSION APPLICATION
NO. 2022-13 TO PLACE THE PROPERTY LOCATED AT
2405 BONNIE BRAE, SANTA ANA, ON THE HISTORICAL

REGISTER AND APPROVING HISTORIC REGISTER
CATEGORIZATION NO. 2022-6 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 July 7, 2022, 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. 2022-13) and categorization (Historic Resources Commission Categorization No. 2022- 6) of the Gibbs-Wasley House located at 2405 Bonnie Brae, Santa Ana.

B. At the public hearing, the Historic Resources Commission discussed the applicant’s request and voted to continue the item to the next regular Historic Resources Commission meeting, to allow the HRC time to ensure that ongoing construction on the site was in keeping with the approval of Historic Exterior Modification Application (HEMA) No. 2021-03, approved by Historic Resources Commission on July 1, 2021.

C. On September 8, 2022, the Historic Resources Commission held the duly noticed continued public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2022-13) and categorization (Historic Resources Commission Categorization No. 2022-6) of the Gibbs-Wasley House located at 2405 Bonnie Brae, Santa Ana.

D. The Gibbs-Wasley House has distinctive architectural features of the Tudor Revival style and was built in 1928.

E. The Gibbs-Wasley House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an example of the Tudor Revival style in Santa Ana. Additionally, the house has been categorized as “Key” because it has a distinctive architectural style and quality as an example of the Tudor Revival style in Santa Ana. Character-defining features of the house include, but are not limited to: asymmetrical massing and composition; a steeply pitched, complex gable roof; a combination of brick and stucco exterior walls; and multiple tall, brick attached chimneys.

Historic Resources Commission City Council 18 – 1 – 236 10/18/2022 9/8/2022

FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2022-XXX

F. The legal owners of the property are Benjamin and Catherine Mayberry.

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

H. 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.

I. The subject property meets the minimal standards for placement in the Key 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-2022-45 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. 2022-13 to place the Gibbs-Wasley House located at 2405 Bonnie Brae, Santa Ana, 92706 on the historical register, and
B. Historic Register Categorization No. 2022-6 placing the Gibbs-Wasley House located at 2405 Bonnie Brae, Santa Ana, 92706 within the Key category, as conditioned in Exhibit B, attached hereto and incorporated herein.

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

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 8
th day of September, 2022.
__________________________
Tim Rush
Chairperson
Historic Resources Commission City Council 18 – 1 – 247 10/18/2022 9/8/2022

FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2022-XXX

APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By:________________________
John M. Funk
Chief 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. 2022-XXX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on September 8, 2022.

Date: ________________ ____________________________________ Commission Secretary
City of Santa Ana
Historic Resources Commission City Council 18 – 1 – 258 10/18/2022 9/8/2022

FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2022-XXX

EXHIBIT A

LEGAL DESCRIPTION
APN Address Legal Description Owner Names
002-121-16 2405 Bonnie Brae REAL PROPERTY IN THE

CITY OF SANTA ANA,

COUNTY OF ORANGE,

STATE OF CALIFORNIA,
DESCRIBED AS FOLLOWS:

LOTS 5 AND 6 OF TRACT NO.
761, IN THE CITY OF SANTA

ANA, COUNTY OF ORANGE,

STATE OF CALIFORNIA, AS

PER MAP RECORDED IN
BOOK 22, PAGES 35

MISCELLANEOUS MAPS, IN

THE OFFICE OF THE

COUNTY RECORDER OF
SAID COUNTY.

Benjamin K. and
Catherine I.

Mayberry
Historic Resources Commission City Council 18 – 1 – 269 10/18/2022 9/8/2022

FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2022-XXX

EXHIBIT B
Conditions of Approval for Historic Resources Commission Application No. 2022-13 and Historic Resources Commission Categorization No. 2022-6 The Applicant must comply with each condition listed below prior to exercising the rights conferred by the Historic Resource Commission’s approval and the City of Santa Ana Register of Historic Properties pursuant to Section 30-6 of the Santa Ana Municipal Code. The Applicant must remain in compliance with all condition(s) listed below:

The applicant shall install a bronze plaque as per a template on file with the Planning Division honoring and recognizing the structure at 2405 Bonnie Brae, historically known as the Gibbs-Wasley House. The plaque shall include the historic name, address, year built, and local historic register designation. The final dimensions, location, text and description on the plaque shall be reviewed and approved by Planning Division staff.

Historic Resources Commission City Council 18 – 1 – 2710 10/18/2022 9/8/2022

MILLS ACT AGREEMENT
2405 Bonnie Brae
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 Benjamin K. and Catherine I. Mayberry, Husband and Wife as Joint Tenants, (hereinafter collectively referred to as “Owner”), owner of real property located at 2405 Bonnie Brae, 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 2405 Bonnie Brae, Santa Ana, CA, 92706 and more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference, and hereinafter referred to as the “Historic Property”.

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

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

Historic Resources Commission City Council 18 – 1 – 2811 10/18/2022 9/8/2022

MILLS ACT AGREEMENT
2405 Bonnie Brae
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 August 17, 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 Resources Commission City Council 18 – 1 – 2912 10/18/2022 9/8/2022

MILLS ACT AGREEMENT
2405 Bonnie Brae
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 Resources Commission City Council 18 – 1 – 3013 10/18/2022 9/8/2022

MILLS ACT AGREEMENT
2405 Bonnie Brae
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 2405 Bonnie Brae, Assessor Parcel Number, 002-121-16, 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 Historic Resources Commission City Council 18 – 1 – 3114 10/18/2022 9/8/2022

MILLS ACT AGREEMENT
2405 Bonnie Brae
Santa Ana, CA 92706
- 5 -
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: Benjamin and Catherine Mayberry
2405 Bonnie Brae
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 Resources Commission City Council 18 – 1 – 3215 10/18/2022 9/8/2022

MILLS ACT AGREEMENT
2405 Bonnie Brae
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 Resources Commission City Council 18 – 1 – 3316 10/18/2022 9/8/2022

MILLS ACT AGREEMENT
2405 Bonnie Brae
Santa Ana, CA 92706
- 7 -
ATTEST: CITY OF SANTA ANA
________________________ _________________________

DAISY GOMEZ KRISTINE RIDGE
Clerk of the Council City Manager
OWNER
Date: ___________________ By:__________________
BENJAMIN K. MAYBERRY
Date: ___________________ By:__________________
CATHERINE I. MAYBERRY
APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL:

SONIA CARVALHO
City Attorney
By: _____________________ _____________________
JOHN M. FUNK MINH THAI
Chief Assistant City Attorney Executive Director
Planning and Building Agency
Historic Resources Commission City Council 18 – 1 – 3417 10/18/2022 9/8/2022

MILLS ACT AGREEMENT
2405 Bonnie Brae
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:

LOTS 5 AND 6 OF TRACT NO. 761, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 22, PAGES 35

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

Assessor’s Parcel Number: 002-121-16
Historic Resources Commission City Council 18 – 1 – 3518 10/18/2022 9/8/2022 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) Gibbs-Wasley 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 2405 Bonnie Brae City Santa Ana Zip 92706
*e. Other Locational Data: Assessor’s Parcel Number 002-121-16 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in Floral Park, the Gibbs-Wasley House is a two-story single-family residential building constructed in the Tudor Revival style. Asymmetrical in design, the house exhibits a steeply pitched complex gable roof covered in composition shingle roofing.

The exterior of the building is clad a combination of brick and stucco exterior walls. Notable detailing includes multiple roof pitches with 12:12 pitched roofs on dominant gables, multiple overlapping gables, and varied eave heights. In addition, the home features a mixture of shed and dormer gables; a double gable at west side façade; exposed, rounded and notched rafter tails and bargeboards in the shallow eaves; and arched gable vents. The primary front elevation is defined by a dramatic bellcast to one rake of the front gable and a prominent, barrel vaulted entry vestibule and correspondingly arched, woodpaneled, front door with plaster quoins in arched entry recess. The brick wainscot along the entire south façade, and along a portion of the east façade are not original, nor is the brick cladding of the entry porch or the front pathway. Although not original, the brick waiscot is compatible with the Tudor Revival style. The home features multiple tall, attached brick chimneys rising above the roofline. Multi-light casement windows clustered in pairs, triples, and larger groups can be found along the first and second floor of the primary (south) elevation while fenestration on the side and rear elevations consists of double-hung windows with plaster sills. Substantially intact, the house is currently being expanded. The additions are appropriately located on the north (rear) and northwest elevations and in the basement of the house and on the west elevation of the garage. New construction, including a swimming pool and pool pavilion, will be placed in the northwest interior section of the property and will not be visible. The property is simply landscaped with a mature trees, lawn, low vegetation and brick-paved entry, stairs, and pathways. The driveway is located along the east elevation and leads to the detached, two-car garage, also clad in stucco. *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
May 2022
*P6. Date Constructed/Age and
Sources: historic
1928/ City of Santa Ana Building
Permits
*P7. Owner and Address:

Benjamin and Catherine Mayberry
2405 Bonnie Brae
Santa Ana, CA 92706
*P8. Recorded by:

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

July 7, 2022
*P10. Survey Type:

Intensive Survey Update
*P11. Report Citation: (Cite survey
report and other sources, or enter “none”)
1980 Determination of Eligibility for
the North Broadway Park Historic
District
*Attachments: None Location Map Sketch Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record  Other (list)
DPR 523A (1/95) *Required information
P5a. Photo
Historic Resources Commission City Council 18 – 1 – 3619 10/18/2022 9/8/2022 State of California  The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________

BUILDING, STRUCTURE, AND OBJECT RECORD

*Resource Name or #: Gibbs-Wasley House
B1. Historic Name: Gibbs-Wasley 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): September 19, 1928. Constructed. $15,000.

May 21, 1946. Termite work by Geo. E. Peterson, contr. For Glen Mathis. $60.

July 15, 2003. T/o existing comp. and apply comp. to both garage and house. $5,824.

November 18, 2019. Repair/replace drywall as required. $15,000.

March 8, 2022 (permit issue date). Extend (e) basement, add bathroom and extend (e) kitchen, remodel (e) mudroom and laundry room. $150,000.

March 8, 2022 (permit issue date). Extend (e) garage, remove and reconfigure overhead garage doors, remove and replace mandoor. $15,000.

March 8, 2022 (permit issue date). Free standing pavillion w/storage rooms and fireplace and arbor. $35,000.

March 8, 2022 (permit issue date). Install swimming pool and spa. $60,000. *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: 1928 Property Type: Single-Family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Gibbs-Wasley House is architecturally significant as a characteristic example of the Tudor Revival architectural style in Santa Ana. It was built in 1928 for $15,000. According to City directories, the first owners were William Isbell Gibbs and his wife Jessamyne Gibbs. They lived in the home for 16 years from 1929 to 1945. Mr. Gibbs was a partner at Gibbs and Scott Auto Repair in the rear of 726 S. Main Street in downtown Santa Ana. The Gibbs were enthusiastic participants in the Santa Ana social scene in the 1930s and entertained in the home often. Mrs. Gibbs was involved in local women’s organizations. The home was sold in 1947 to rancher Glenne E. Mathis and his wife Charlotte, who lived in the home for a short time. In 1954 the home was sold to Dr. William L. Wasley and his wife Ruth. William had several advanced and post-graduate degrees and was a research chemist for the U.S. Department of Agriculture. He had joined the U.S. Department of Agriculture, Western Regional Research Laboratory in 1957, researching fiber and polymer chemistry. In 1962 the home was occupied by local realtor George Frazier and his wife Vernelle Frazier. After 1962 the home was occupied by several owners, in recent years it was owned by Marcia Cruchley who sadly passed away, and the home is now in the care of new owners. (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: Leslie Heumann/Chattel, Inc.
*Date of Evaluation: July 7, 2022
DPR 523B (1/95) *Required information
Sketch Map
(This space reserved for official comments.)
Gibbs-Wasley House
2405 Bonnie Brae
N
Historic Resources Commission City Council 18 – 1 – 3720 10/18/2022 9/8/2022 State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________

*Recorded by Pedro Gomez *Date July 7, 2022  Continuation  Update DPR 523L
*B10. Significance (continued):

Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses.

The Gibbs-Wasley 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 (2022) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens.

The Gibbs-Wasley House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an example of the Tudor Revival style in Santa Ana. Additionally, the house has been categorized as “Key” because it has a distinctive architectural style and quality as an example of the Tudor Revival style in Santa Ana. (Santa Ana Municipal Code, Section 30-

2.2). Character-defining features of the house include, but are not limited to: asymmetrical massing and composition; a steeply pitched, complex gable roof; a combination of brick and stucco exterior walls; and multiple tall, brick attached chimneys. Notable detailing includes the dramatic bellcast to one rake of the front gable; exposed, rounded and notched rafter tails and bargeboards in the shallow eaves; a barrel vaulted entry vestibule and correspondingly arched, wood-paneled, front door; brick dado reaching to first floor sill level; gabled dormers; multi-light casement windows clustered in pairs, triples, and larger groups; and brick-paved entry, stairs, and pathways.
*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 Resources Commission City Council 18 – 1 – 3821 10/18/2022 9/8/2022 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) Gibbs-Wasley 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 2405 Bonnie Brae City Santa Ana Zip 92706
*e. Other Locational Data: Assessor’s Parcel Number 002-121-16 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in Floral Park, the Gibbs-Wasley House is a two-story single-family residential building constructed in the Tudor Revival style. Asymmetrical in design, the house exhibits a steeply pitched complex gable roof clad in composition shingle roofing. The exterior of the building is clad a combination of brick and stucco exterior walls. Notable detailing include multiple roof pitches with 12:12 pitched roofs on dominant gables, multiple overlapping gables, and varied eave heights. In addition, the home features a mixture of shed and dormer gables, a double gable at west side façade, exposed, rounded and notched rafter tails and bargeboards in the shallow eaves, and arched gable vents. The primary front elevation is defined by a dramatic bellcast to one rake of the front gable and a prominent, barrel vaulted entry vestibule and correspondingly arched, wood-paneled, front door with plaster quoins in arched entry recess. The brick wainscot along the entire south façade, and along a portion of the east façade are not original, nor is the brick cladding of the entry porch. The home features multiple tall, attached brick chimneys rising above the roofline. Multi-light casement windows clustered in pairs, triples, and larger groups can be found along the first and second floor of the primary (south) elevation while fenestration on the side and rear elevations consists of double-hung windows with plaster sills. Substantially intact, the house is currently being expanded. The additions are appropriately located on the north (rear) and northwest elevations and in the basement of the house and on the west elevation of the garage. New construction, including a swimming pool and pool pavilion will be placed in the northwest interior section of the property and will not be visible. The property is simply landscaped with a mature trees, lawn, low vegetation and brick-paved entry, stairs, and pathways. The driveway is located along the east elevation and leads to the detached, two-car garage, also clad in stucco. *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
May 2022
*P6. Date Constructed/Age and
Sources: historic
1928/ City of Santa Ana Building
Permits
*P7. Owner and Address:

Benjamin and Catherine Mayberry
2405 Bonnie Brae
Santa Ana, CA 92706
*P8. Recorded by:

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

July 7, 2022
*P10. Survey Type:

Intensive Survey Update
*P11. Report Citation: (Cite survey
report and other sources, or enter “none”)
None
*Attachments: None Location Map Sketch Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record  Other (list)
DPR 523A (1/95) *Required information
P5a. Photo
Historic Resources Commission City Council 18 – 1 – 3922 10/18/2022 9/8/2022 State of California  The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________

BUILDING, STRUCTURE, AND OBJECT RECORD

*Resource Name or #: Gibbs-Wasley House
B1. Historic Name: Gibbs-Wasley 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): September 19, 1928. Constructed. $15,000.

May 21, 1946. Termite work by Geo. E. Peterson, contr. For Glen Mathis. $60.

July 15, 2003. T/o existing comp. and apply comp. to both garage and house. $5,824.

November 18, 2019. Repair/replace drywall as required. $15,000.

March 8, 2022 (permit issue date). Extend (e) basement, add bathroom and extend (e) kitchen, remodel (e) mudroom and laundr,y room. $150,000.

March 8, 2022 (permit issue date). Extend (e) garage, remove and reconfigure overhead garage doors, remove and replace mandoor. $15,000.

March 8, 2022 (permit issue date). Free standing pavillion w/storage rooms and fireplace and arbor. $35,000.

March 8, 2022 (permit issue date). Install swimming pool and spa. $60,000. *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: 1928 Property Type: Single-Family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Gibbs-Wasley House is architecturally significant as a characteristic example of the Tudor Revival architectural style in Santa Ana. It was built in 1928 for $15,000. According to City directories, the first owners were William Isbell Gibbs and his wife Jessamyne Gibbs. They lived in the home for 16 years from 1929 to 1945. Mr. Gibbs was a partner at Gibbs and Scott Auto Repair in the rear of 726 S. Main Street in Downtown Santa Ana. The Gibbs were prolific in the Santa Ana social scene in the 1930s and entertained in the home often. Mrs. Gibbs was involved in local women’s organizations. The home was sold in 1947 to rancher Glenne E. Mathis and his wife Charlotte who lived in the home for a short time. In 1954 the home was sold to Dr.

William L. Wasley and his wife Ruth. William had several advanced and post-graduate degrees and was a research chemist for the U.S. Department of Agriculture. In 1957, Bill joined the US Department of Agriculture, Western Regional Research Laboratory. His research included fiber and polymer chemistry. In 1962 the home was occupied by George and Vernelle Frazier, George was a local realtor. After 1962 the home was occupied by several owners, in recent years it was owned by Marcia Cruchley who sadly passed away and the home is now in the care of new owners. (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: Leslie Heumann/Chattel, Inc.
*Date of Evaluation: July 7, 2022
DPR 523B (1/95) *Required information
Sketch Map
(This space reserved for official comments.)
Gibbs-Wasley House
2405 Bonnie Brae
N
Historic Resources Commission City Council 18 – 1 – 4023 10/18/2022 9/8/2022 State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________

*Recorded by Pedro Gomez *Date July 7, 2022  Continuation  Update DPR 523L
*B10. Significance (continued):

The Gibbs-Wasley 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 (2022) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens.

The Gibbs-Wasley House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an example of the Tudor Revival style in Santa Ana. Additionally, the house has been categorized as “Key” because it has a distinctive architectural style and quality as an example of the Tudor Revival style in Santa Ana (Santa Ana Municipal Code, Section 30-

2.2). Character-defining features of the house include, but are not limited to:asymmetrical massing and composition; a steeply pitched, complex gable roof; a combination of brick and stucco exterior walls, and multiple tall, brick attached chimneys. Notable detailing includes the dramatic bellcast to one rake of the front gable; exposed, rounded and notched rafter tails and bargeboards in the shallow eaves; brick entry surround featuring common bond with every fourth course raised; a barrel vaulted entry vestibule and correspondingly arched, wood-paneled, front door; brick dado reaching to first floor sill level; gabled dormers; multi-light casement windows clustered in pairs, triples, and larger groups; and brick-paved entry, stairs, and pathways.
*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 Resources Commission City Council 18 – 1 – 4124 10/18/2022 9/8/2022

MILLS ACT AGREEMENT
2405 Bonnie Brae
Santa Ana, CA 92706
- 1 -
Exhibit C
Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S.

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

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

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

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

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

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

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

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

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

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

9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with Historic Resources Commission City Council 18 – 1 – 4225 10/18/2022 9/8/2022

MILLS ACT AGREEMENT
2405 Bonnie Brae
Santa Ana, CA 92706
- 2 -
size, scale, color, material and character of the property, neighborhood, or environment.

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

Historic Resources Commission City Council 18 – 1 – 4326 10/18/2022 9/8/2022

HRC 2022-6/ HRCA 2022-13/ HPPA 2022-3
2405 BONNIE BRAE

GIBBS-WASLEY HOUSE
500’ RADIUS

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 Resources Commission City Council 18 – 1 – 4427 10/18/2022 9/8/2022 Photos taken May 9, 2022
HRCA NO. 2022-13, HRC 2022-6, HPPA NO. 2022-3
GIBBS-WASLEY HOUSE - 2405 BONNIE BRAE
SITE PHOTOS - EXHIBIT 4
Historic Resources Commission City Council 18 – 1 – 4528 10/18/2022 9/8/2022 Photos taken May 9, 2022
HRCA NO. 2022-13, HRC 2022-6, HPPA NO. 2022-3
GIBBS-WASLEY HOUSE - 2405 BONNIE BRAE
SITE PHOTOS - EXHIBIT 4
Historic Resources Commission City Council 18 – 1 – 4629 10/18/2022 9/8/2022 Photos taken August 30, 2022
HRCA NO. 2022-13, HRC 2022-6, HPPA NO. 2022-3
GIBBS-WASLEY HOUSE - 2405 BONNIE BRAE
SITE PHOTOS - EXHIBIT 4
Historic Resources Commission City Council 18 – 1 – 4730 10/18/2022 9/8/2022 Photos taken August 30, 2022
HRCA NO. 2022-13, HRC 2022-6, HPPA NO. 2022-3
GIBBS-WASLEY HOUSE - 2405 BONNIE BRAE
SITE PHOTOS - EXHIBIT 4
Historic Resources Commission City Council 18 – 1 – 4831 10/18/2022 9/8/2022 Historic Resources Commission City Council 1 – 18 – 3249 10/18/2022 9/8/2022 Historic Resources Commission City Council 1 – 18 – 3350 10/18/2022 9/8/2022 Historic Resources Commission City Council 1 – 18 – 3451 10/18/2022 9/8/2022 Historic Resources Commission City Council 1 – 18 – 3552 10/18/2022 9/8/2022 Historic Resources Commission City Council 1 – 18 – 3653 10/18/2022 9/8/2022 Historic Resources Commission City Council 1 – 18 – 3754 10/18/2022 9/8/2022 Historic Resources Commission City Council 1 – 18 – 3855 10/18/2022 9/8/2022 Historic Resources Commission City Council 1 – 18 – 3956 10/18/2022 9/8/2022 Historic Resources Commission City Council 1 – 18 – 4057 10/18/2022 9/8/2022 Historic Resources Commission City Council 1 – 18 – 4158 10/18/2022 9/8/2022 Historic Resources Commission City Council 1 – 18 – 4259 10/18/2022 9/8/2022 Historic Resources Commission City Council 1 – 18 – 4360 10/18/2022 9/8/2022 Historic Resources Commission City Council 1 – 18 – 4461 10/18/2022 9/8/2022 Historic Resources Commission City Council 1 – 18 – 4562 10/18/2022 9/8/2022 Historic Resources Commission City Council 1 – 18 – 4663 10/18/2022 9/8/2022 Historic Resources Commission City Council 1 – 18 – 4764 10/18/2022 9/8/2022 Historic Resources Commission City Council 1 – 18 – 4865 10/18/2022 9/8/2022 Historic Resources Commission City Council 1 – 18 – 4966 10/18/2022 9/8/2022 Historic Resources Commission City Council 1 – 18 – 5067 10/18/2022 9/8/2022 Historic Resources Commission City Council 1 – 18 – 5168 10/18/2022 9/8/2022 Historic Resources Commission City Council 1 – 18 – 5269 10/18/2022 9/8/2022 Historic Resources Commission City Council 1 – 18 – 5370 10/18/2022 9/8/2022 Historic Resources Commission City Council 1 – 18 – 5471 10/18/2022 9/8/2022 Historic Resources Commission City Council 1 – 18 – 5572 10/18/2022 9/8/2022 Historic Resources Commission City Council 1 – 18 – 5673 10/18/2022 9/8/2022 Historic Resources Commission City Council 1 – 18 – 5774 10/18/2022 9/8/2022

6. Historic Exterior Modification Application No. 2021-03 – Jill Arabe, Case Planner Project Location: 2405 N. Bonnie Brae located in the Single Family Residential (R1) zoning district.

Project Applicant: Carol Fox
Project Description: The applicant is requesting approval of Historic Exterior Modification Application No. 2021-03 to allow exterior modifications on a property listed in the California Register of Historical Resources. Modifications include a 257- square-foot addition to the first floor to accommodate a new kitchen addition and new bath, a 172-square-foot basement addition, addition to the detached garage, construction of three accessory structures, and rear yard improvements.

Environmental Impact: In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No. ER-2021-53 will be filed for this project.

Recommended Action: Adopt a resolution approving a Certificate of Appropriateness for Historic Exterior Modification Application No. 2021-03.

Historic Resources Commission City Council 18 – 1 – 7558 10/18/2022 9/8/2022 Planning and Building Agency
Item # 6
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Historic Resources Commission Staff Report
July 1, 2021
Topic: HEMA No. 2021-03 – The Mayberry Residence (2405 North Bonnie Brae)

RECOMMENDED ACTION
Adopt a resolution approving a Certificate of Appropriateness for Historic Exterior Modification Application No. 2021-03.

EXECUTIVE SUMMARY
Benjamin and Catherine Mayberry are requesting approval of Historic Exterior Modification Application (HEMA) No. 2021-03 to allow exterior modifications consisting of additions to the first floor, basement, and detached garage, and the construction of a pool and spa and three detached accessory structures, for the Mayberry Residence located at 2405 North Bonnie Brae.

DISCUSSION
Project Location and Site Description
The subject property is located on the northwest corner of the Bonnie Brae and North Benton Way intersection in the Floral Park neighborhood. The General Plan land use designation for the site is Low Density Residential (LR) and the zoning district is SingleFamily Residential (R1). The property contains an existing two story Tudor style residence that is approximately 3,527 square feet in size with 333 square feet subterranean basement and a 574 square feet detached garage on a 0.36-acre residential lot.

The property is deemed a historic structure because it was determined eligible for inclusion in the National Register of Historic Places as a contributor to a potential North Broadway Park Historic District in 1980 and automatically included in the California Register of Historical Resources. The house has distinctive architectural features of the Tudor style and was built in 1928. The Tudor style house is characterized by steeply pitched roofs, multipaned narrow windows, a heavy wooden front door, prominent crossgable design, and tall chimney feature. Typical to most Tudor style homes, the two-story corner residence features steeply pitched roofs with prominent front-facing gables, rolled eaves, multipaned narrow casement and double-hung windows, and clad with a Historic Resources Commission City Council 18 – 1 – 7659 10/18/2022 9/8/2022 HEMA No. 2021-03 – Mayberry Residence (2405 North Bonnie Brae) July 1, 2021

combination of stucco and brick, and a tall brick chimney. The roof material is composition shingles and designed with exposed and shaped rafter tails and rounded shadow boards with wrapped roofing at the roof rakes with rounded end caps. The home has a detached three-car garage to the north of the property, located along North Benton Way, which provides a large concrete driveway leading to the garage. The front elevation offers a long sweeping steeped front-facing gable roof with an arched brick gable entry, and multipaned narrow casement windows. The front yard is landscaped with a brick walkway leading to the entry.

Project Description
The proposed exterior modifications will include a 446-square-foot addition for an expanded kitchen, basement, and new bathroom; a 340-square-foot rear covered porch; a 126-square-foot rear garage addition; and 630 square feet of new detached accessory structures. The site will also be improved with a new in-ground pool and spa in the rear yard and interior renovations to an existing mudroom, laundry room, den, and kitchen.

The expanded kitchen area is proposed along the west side of the house, approximately 15 feet behind the primary building facade facing Bonnie Brae, while the new bathroom is proposed along the north elevation and approximately three feet west of the building façade along Benton Way. Both areas of the residential addition incorporate a compatible, lower pitched, hipped roof design with exposed rafters that connects with the covered porch, which wraps around the northwest edge of the residence. Three new wood casement windows and two new wood french doors are proposed along the north and west elevations of the addition and remodeled mudroom, while all other windows and doors of the residence will remain the same.

The garage remodel consists of the replacement of garage doors with carriage style steel sectional garage doors, an overall six-foot rear extension, and relocated wood windows and new man door at the rear. Like the addition to the main residence, the garage addition will be lower than the existing garage height. It will contain two sweeping shed roofs on the sides of the addition with a cross-gable roof at the center. The addition will be clad with stucco finish to match the existing garage.

The rear and side yards will be improved with three new accessory structures. The approximately 314-square-foot pavillion structure located west of the new pool and spa will contain two storage rooms and a central fireplace. Two arbors, containing approximately 216 square feet and 100 square feet each, are proposed west and east of the main residence.

Analysis of the Issues
As proposed, the project will follow the Secretary of the Interior’s Standards (SOIS) for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, & Reconstructing Historic Buildings (Kay D. Weeks and Anne E. Grimmer, Historic Resources Commission City Council 18 – 1 – 7760 10/18/2022 9/8/2022 HEMA No. 2021-03 – Mayberry Residence (2405 North Bonnie Brae) July 1, 2021

revised 2017). The proposed exterior modifications would be considered a rehabilitation project and as such be evaluated against ten criteria. Staff has reviewed the proposed modifications in comparison to the SOIS. The following is a review of the findings as they pertain to the applicable criteria:

1. A property will be used as it was historically or be given a new use that requires minimal changes to its distinctive materials, features, spaces, and spatial relationships.

The project complies with Standard No. 1. The property currently maintains its historic use as a single-family residence. The use is not proposed to change. The interior configuration will remain substantially the same with the addition providing enhanced functionality.

2. The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.

The project complies with Standard No. 2. The historic character of the subject property will be retained and preserved. The proposed single story addition has been designed to remove as little historic material as possible, and will be located on secondary elevations, toward the side and rear of the structure. Although visible from the public right-of-way, the proposed addition is designed to be compatible in scale with a lower roof height, setback from the primary façade, and features the reuse of existing windows, as feasible, or similar wood windows. The proposed exterior alterations will not alter the primary south (front) and east (street side) elevation, or any important spatial relationships that characterize the property.

3. Each property will be recognized as a physical record of its time, place, and use.

Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, will not be undertaken.

The project complies with Standard No. 3. The proposed changes will not create a false sense of historical development. The proposed addition will read as contemporary in comparison to the existing single-family residence which incorporates distinctive architectural features of the Tudor style. The addition is single story and will have a lower pitch roof to the existing house to distinguish it from the historic structure, and is designed to be compatible with the existing scale, window pattern, and stucco finish of the residence. Moreover, the addition is set back more than 15 feet from the primary facade so as not to significantly impact the character defining features of the primary elevation. Therefore, the architectural treatment will read as contemporary, not conjectural.

Historic Resources Commission City Council 18 – 1 – 7861 10/18/2022 9/8/2022 HEMA No. 2021-03 – Mayberry Residence (2405 North Bonnie Brae) July 1, 2021

4. Changes to a property that have acquired historic significance in their own right will be retained and preserved.

The project complies with Standard No. 4. The existing brick wainscot and cladding of the entry porch are not original to the house, but have acquired historic significance in its own right and will be retained and preserved. The proposed addition and renovations will not affect or duplicate the existing brick cladding.

Although the detached garage’s roof-form and dormer features exemplifies character defining features of the architectural style, the existing garage doors were previously altered and the proposed replacement will not affect the historic significance of the property.

5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved.

The project complies with Standard No. 5. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize the property will be preserved. The project does not propose to remove characterdefining features or materials/finishes along the primary elevation. The project does propose to add to the rear and side of the house, which will remove windows and doors along secondary elevations. Windows will be reused, as feasible, and new wood windows and doors will be compatible with existing features.

6. Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture, and, where possible, materials.

Replacement of missing features will be substantiated by documentary and physical evidence.

Standard 6 does not apply as the proposed project does not deal with issues of deterioration of existing materials or replacement of existing features.

7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.

Standard 7 does not apply as the project will not involve chemical or physical treatments on the building and will be in full compliance with the Standards.

8. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.

Standard 8 does not apply as there are no known archeological resources onsite.

Historic Resources Commission City Council 18 – 1 – 7962 10/18/2022 9/8/2022 HEMA No. 2021-03 – Mayberry Residence (2405 North Bonnie Brae) July 1, 2021

9. New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property.

The new work shall be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment.

The project complies with Standard No. 9. The new addition will not destroy historic materials, features, or spatial relationships that characterize the property. Although the proposed addition is visible from the public right-of-way, it is subordinate to the existing house due to its lower pitched roof, smaller scale, and deep setback from the primary elevation. The proposed detached arbor, located east of the house along Benton Way, can be removed without affecting the building’s structural integrity and does not impact the visibility of character defining features of the house. Important spatial relationships characterizing the Tudor architectural style will not be disturbed, as the addition is only single-story, positioned to the rear and side of the existing house, and will not alter the existing roof line. These features allow the addition to appear subordinate to, and not overwhelm the existing massing, while also preserving the historic sense of the existing roof line. The materials of the new addition will also be compatible with the existing historic materials, through the use of similar materials.

10.New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

The project complies with Standard No. 10. The proposed project is considered generally reversible as it does not remove essential aspects of the building’s form and materials. The proposed addition will be located at the rear and side of the house, avoids the most significant and character-defining features, and is subordinate to the overall massing of the house. The essential form of the house and the vast majority of its historic materials will remain unimpaired.

In conclusion, staff has determined that the project complies with The Secretary of the Interior’s Standards for Rehabilitation. Specifically, the analysis indicates that the proposed addition would be compatible and consistent with the existing architectural elements that reflect the original Tudor style construction while being mindful not to disturb the historic materials that characterize the property. By localizing the scope of work towards the rear and side of the house and differentiating the new work from the old, the property will maintain its historic and character-defining features. Most importantly, due to the additive nature, the addition will allow for the option for it to be removed in such a way that the essential form and integrity of the historic property and its environment would be unimpaired.

The role of the Historic Resources Commission is to issue a Certificate of Appropriateness upon finding that the proposed modifications do not substantially change the character and Historic Resources Commission City Council 18 – 1 – 8063 10/18/2022 9/8/2022 HEMA No. 2021-03 – Mayberry Residence (2405 North Bonnie Brae) July 1, 2021

integrity of the historic properties per Santa Ana Municipal Code Section 30-6, meet the Secretary of Interior’s Standards per CEQA and the City’s Certified Local Government agreement with the State of California. Staff finds that the historic exterior modification application meets the necessary criteria to be awarded a Certificate of Appropriateness and should be approved. It is also recommended that staff approve the exact materials and finishes to be used prior to installation to ensure quality and compatibility.

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, had been received from any members of the public.

ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under Section 15331, Class 31, as this action is designed in a manner consistent with the Secretary of Interior’s Standards. Based on this analysis, a Notice of Exemption, Environmental Review No. 2021-53 will be filed for this project.

FISCAL IMPACT
There is no fiscal impact associated with this action.

EXHIBIT(S)

1. Resolution

2. 500-Foot Radius Map – 2405 North Bonnie Brae

3. Site Photos

4. Drawing Exhibits
Submitted By:

Jill Arabe, AICP, Senior Planner
Approved By:

Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency
Historic Resources Commission City Council 18 – 1 – 8164 10/18/2022 9/8/2022 Historic Resources Commission City Council 18 – 1 – 8265 10/18/2022 9/8/2022 Historic Resources Commission City Council 18 – 1 – 8366 10/18/2022 9/8/2022 Historic Resources Commission City Council 18 – 1 – 8467 10/18/2022 9/8/2022 Historic Resources Commission City Council 18 – 1 – 8568 10/18/2022 9/8/2022 Historic Resources Commission City Council 18 – 1 – 8669 10/18/2022 9/8/2022 Historic Resources Commission City Council 18 – 1 – 8770 10/18/2022 9/8/2022 Historic Resources Commission
Regular Meeting Agenda Minutes
July 1, 2021
IN­PERSON MEETING
4:30 P.M.
*For viewing only: www.youtube.com/cityofsantaanavideos/live.

For detailed participation and commenting options, please review the instructions provided at the end of this agenda.

ALBERTA CHRISTY
Chair, Ward 4 Representative
GINELLE HARDY
Citywide Representative
KEITH CARPENTER
Ward 1 Representative
TIM RUSH, Vice Chair
Ward 2 Representative
EDWARD MURASHIE
Ward 3 Representative
DWAYNE SHIPP
Ward 5 Representative
SANDRA PENA SARMIENTO
Ward 6 Representative
MARK MCLOUGHLIN
Planning Commission Rep.

VINCE FRAZIER
Comm. Redev. & Housing
Commission Rep.

MINH THAI
Executive Director
JOHN FUNK
Legal Counsel
ALI PEZESHKPOUR
Principal Planner
SARAH BERNAL
Recording Secretary
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 647­5624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found onthe City’s website – www.santaana.org/citymeetings.

CALL TO ORDER
Historic Historic Resources Commission City Council Resources Commission 18 – 1 1 – 8871 10/18/2022 9/8/2022 7/1/2021 For detailed participation and commenting options, please review the instructions provided at the end of this agenda.

ALBERTA CHRISTY
Chair, Ward 4 Representative
GINELLE HARDY
Citywide Representative
KEITH CARPENTER
Ward 1 Representative
TIM RUSH, Vice Chair
Ward 2 Representative
EDWARD MURASHIE
Ward 3 Representative
DWAYNE SHIPP
Ward 5 Representative
SANDRA PENA SARMIENTO
Ward 6 Representative
MARK MCLOUGHLIN
Planning Commission Rep.

VINCE FRAZIER
Comm. Redev. & Housing
Commission Rep.

MINH THAI
Executive Director
JOHN FUNK
Legal Counsel
ALI PEZESHKPOUR
Principal Planner
SARAH BERNAL
Recording Secretary
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 647­5624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found onthe City’s website – www.santaana.org/citymeetings.

CALL TO ORDER
ATTENDANCE Commissioners: Alberta Christy, Chairperson
Tim Rush, Vice Chairperson
Keith Carpenter
VInce Frazier
Ginelle Hardy
Mark McLoughlin
Edward Murashie
Sandra Peña Sarmiento
Dwayne Shipp
Staff: Minh Thai, Executive Director
John Funk, Senior Asst. City Attorney
Ali Pezeshkpour, Principal Planner
Sarah Bernal, Recording Secretary
ROLL CALL
Historic Historic Resources Commission City Council Resources Commission 18 – 2 1 – 8972 10/18/2022 9/8/2022 7/1/2021 In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 647­5624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found onthe City’s website – www.santaana.org/citymeetings.

CALL TO ORDER
ATTENDANCE Commissioners: Alberta Christy, Chairperson
Tim Rush, Vice Chairperson
Keith Carpenter
VInce Frazier
Ginelle Hardy
Mark McLoughlin
Edward Murashie
Sandra Peña Sarmiento
Dwayne Shipp
Staff: Minh Thai, Executive Director
John Funk, Senior Asst. City Attorney
Ali Pezeshkpour, Principal Planner
Sarah Bernal, Recording Secretary
ROLL CALL
PLEDGE OF ALLEGIANCE
PUBLIC COMMENTS (non­agenda items)
CONSENT CALENDAR ITEMS
a. Minutes
Recommended Action: Approve the Minutes from May 13, 2021 meeting. b. Excused absences
Recommended Action: Excuse absent commissioners.

Minutes:  Commissioner Shipp was excused for his absence. Commissioner Frazier was not excused for his absence.

Moved by Commissioner McLoughlin, seconded by Commissioner Carpenter to Approve Consent Calendar items.

YES: 6 – Alberta Christy, Sandra Pena Sarmiento, Edward Murashie, Keith Carpenter, Mark McLoughlin, Ginelle Hardy
NO: 0 –  ABSTAIN: 0 –  ABSENT: 3 – Tim Rush, Dwayne Shipp, Vince Frazier Status: 6 – 0 – 0 – 3 – Pass
BUSINESS CALENDAR – PUBLIC HEARING

1. Historic Resources Commission Application No. 2021­11, Historic Register Categorization No. 2021­11 and Historic Property Preservation Agreement No. 2021­10 – Pedro Gomez, Case Planner
Project Location: 935 W. Twentieth Street (historically known as the Russell­Irving House) located in the Single Family Residential (R­1) zoning district.

Historic Historic Resources Commission City Council Resources Commission 18 – 3 1 – 9073 10/18/2022 9/8/2022 7/1/2021 BUSINESS CALENDAR – PUBLIC HEARING

1. Historic Resources Commission Application No. 2021­11, Historic Register Categorization No. 2021­11 and Historic Property Preservation Agreement No. 2021­10 – Pedro Gomez, Case Planner
Project Location: 935 W. Twentieth Street (historically known as the Russell­Irving House) located in the Single Family Residential (R­1) zoning district.

Project Applicant: Frank Filipponio
Project Description: The applicant is requesting approval of Historic Resources Commission Application No. 2021­11, Historic Register Categorization No. 2021­11, and Historic Property Preservation Agreement No. 2021­10 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, as this action is designed to preserve a historic resource. Categorical Exemption No.

ER­2021­58 will be filed for this project.

Recommended Action:

1. Adopt a resolution approving Historic Resources Commission Application No. 2021­ 11 and Historic Register Categorization No. 2021­11.

2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute a Mills Act agreement with Frank Filipponio and Kristen Marcucci, subject to non­substantive changes approved by the City Manager and City Attorney.

Minutes: Commissioners Carpenter, Christy, Murashie and Rush disclosed they visited the property.

Commission expressed concern with the front door, siding, and hand railing as they are not original to the home.

Chair Christy opened the Public Hearing. The applicant spoke in support of the matter and expressed willingness to address Commission concerns regarding the front door, siding, and railing.

Moved by Commissioner Rush, seconded by Commissioner Hardy to Approve as amended with the added conditions: The applicant shall (1) replace the wood board siding along the front of the elevation, (2) replace the front entry hand rails, and (3) replace the front entry door screen .

YES: 7 – Alberta Christy, Sandra Pena Sarmiento, Tim Rush, Edward Murashie, Keith Carpenter, Mark McLoughlin, Ginelle Hardy
NO: 0 –  ABSTAIN: 0 –  ABSENT: 2 – Dwayne Shipp, Vince Frazier Status: 7 – 0 – 0 – 2 – Pass

2. Historic Resources Commission Application No. 2021­06, Historic Register Categorization No. 2021­06, and Historic Property Preservation Agreement No. 2021­06 – Pedro Gomez, Case Planner.

Project Location: 2307 N. Benton Way (historically known as the Martha Ann Brooks House) located in the Single Family Residential (R­1) zoning district.

Historic Historic Resources Commission City Council Resources Commission 18 – 4 1 – 9174 10/18/2022 9/8/2022 7/1/2021 NO: 0 –  ABSTAIN: 0 –  ABSENT: 2 – Dwayne Shipp, Vince Frazier Status: 7 – 0 – 0 – 2 – Pass

2. Historic Resources Commission Application No. 2021­06, Historic Register Categorization No. 2021­06, and Historic Property Preservation Agreement No. 2021­06 – Pedro Gomez, Case Planner.

Project Location: 2307 N. Benton Way (historically known as the Martha Ann Brooks House) located in the Single Family Residential (R­1) zoning district.

Project Applicant: Nicolette Ramirez
Project Description: The applicant is requesting approval of Historic Resources Commission Application No. 2021­06, Historic Register Categorization No. 2021­06, and Historic Property Preservation Agreement No. 2021­06 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, as this action is designed to preserve a historic resource. Categorical Exemption No.

ER­2021­60 will be filed for this project.

Recommended Action:

1. Adopt a resolution approving Historic Resources Commission Application No. 2021­ 06 and Historic Register Categorization No. 2021­06

2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute a Mills Act agreement with Benjamin and Nicolette Ellen­Valdez Ramirez subject to non­substantive changes approved by the City Manager and City Attorney.

Minutes: Chair McLoughlin recused himself from consideration of the item as he lives within 500 feet of the property.

Commissioners Carpenter, Murashie, Christy, and Rush disclosed they visited the property.

Chair Christy opened the Public Hearing. The applicant spoke in support of the matter.

The following individual spoke on the matter.

Dylan Almendral spoke in support
There were no other speakers and the Public Hearing was closed.

Moved by Commissioner Murashie, seconded by Commissioner Rush to Approve.

YES: 6 – Alberta Christy, Sandra Pena Sarmiento, Tim Rush, Edward Murashie, Keith Carpenter, Ginelle Hardy
NO: 0 –  ABSTAIN: 1 – Mark McLoughlin
ABSENT: 2 – Dwayne Shipp, Vince Frazier
Status: 6 – 0 – 1 – 2 – Pass
Historic Historic Resources Commission City Council Resources Commission 18 – 5 1 – 9275 10/18/2022 9/8/2022 7/1/2021 Moved by Commissioner Murashie, seconded by Commissioner Rush to Approve.

YES: 6 – Alberta Christy, Sandra Pena Sarmiento, Tim Rush, Edward Murashie, Keith Carpenter, Ginelle Hardy
NO: 0 –  ABSTAIN: 1 – Mark McLoughlin
ABSENT: 2 – Dwayne Shipp, Vince Frazier
Status: 6 – 0 – 1 – 2 – Pass

3. Historic Resources Commission Application No. 2021­13, Historic Register Categorization No. 2021­13, and Historic Property Preservation Agreement No. 2021­12 – Pedro Gomez, Case Planner.

Project Location: 2311 N. Heliotrope Drive (historically known as the Ida C.

Wiesseman House) located in the Single Family Residential (R­1) zoning district.

Project Applicant: Lauren Hartshorne
Project Description: The applicant is requesting approval of Historic Resources Commission Application No. 2021­13, Historic Register Categorization No. 2021­13, and Historic Property Preservation Agreement No. 2021­12 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, as this action is designed to preserve a historic resource. Categorical Exemption No.

ER­2021­61 will be filed for this project.

Recommended Action:

1. Adopt a resolution approving Historic Resources Commission Application No. 2021­ 13 and Historic Register Categorization No. 2021­13

2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute a Mills Act agreement with Lauren and Jenny Hartshorne, subject to non­substantive changes approved by the City Manager and City Attorney.

Minutes: Commissioners Carpenter, Christy, Murashie, and Rush disclosed they visited the property.

The Chair opened the Public Hearing. The applicant spoke in support of the matter and addressed Commission’s concern regarding a tree located in the front yard that blocks a portion of the view corridor.

The following individual spoke on the matter.

Dylan Almendral spoke in support of the matter.

Moved by Commissioner Rush, seconded by Commissioner McLoughlin to Approve.

YES: 6 – Sandra Pena Sarmiento, Tim Rush, Edward Murashie, Keith Carpenter, Mark McLoughlin, Ginelle Hardy
NO: 1 – Alberta Christy
ABSTAIN: 0 –  ABSENT: 2 – Dwayne Shipp, Vince Frazier
Status:6–1–0–2–Pass
Historic Historic Resources Commission City Council Resources Commission 18 – 6 1 – 9376 10/18/2022 9/8/2022 7/1/2021 Moved by Commissioner Rush, seconded by Commissioner McLoughlin to Approve.

YES: 6 – Sandra Pena Sarmiento, Tim Rush, Edward Murashie, Keith Carpenter, Mark McLoughlin, Ginelle Hardy
NO: 1 – Alberta Christy
ABSTAIN: 0 –  ABSENT: 2 – Dwayne Shipp, Vince Frazier
Status: 6 – 1 – 0 – 2 – Pass

4. Historic Resources Commission Application No. 2021­04, Historic Register Categorization No. 2021­04, and Historic Property Preservation Agreement No. 2021­04 – Pedro Gomez, Case Planner.

Project Location: 2424 N. Bonnie Brae (historically known as the Clarence Bond House) located in the Single Family Residential (R­1) zoning district.

Project Applicant: Brooke Weitzman
Project Description: The applicant is requesting approval of Historic Resources Commission Application No. 2021­04, Historic Register Categorization No. 2021­04, and Historic Property Preservation Agreement No. 2021­04 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, as this action is designed to preserve a historic resource. Categorical Exemption No.

ER­2021­08 will be filed for this project.

Recommended Action:

1. Adopt a resolution approving Historic Resources Commission Application No. 2021­ 04 and Historic Register Categorization No. 2021­04

2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute a Mills Act agreement with Alfred Frank Weitzman, Maura Zwerling Weitzman, David A. Weitzman, and Brooke Weitzman, subject to non­substantive changes approved by the City Manager and City Attorney.

Minutes: Commissioners Carpenter, Christy, Rush, and Murashie disclosed they visited the property.

Chair Christy opened the Public Hearing. The applicant spoke in support of the item.

The following individual spoke on the matter.

Dylan Almendral spoke in support.

Moved by Commissioner Murashie, seconded by Commissioner Hardy to Approve.

YES: 7 – Alberta Christy, Sandra Pena Sarmiento, Tim Rush, Edward Murashie, Keith Carpenter, Mark McLoughlin, Ginelle Hardy
NO: 0 –  ABSTAIN: 0 –  ABSENT: 2 – Dwayne Shipp, Vince Frazier Status: 7 – 0 – 0 – 2 – Pass
Historic Historic Resources Commission City Council Resources Commission 18 – 7 1 – 9477 10/18/2022 9/8/2022 7/1/2021 Moved by Commissioner Murashie, seconded by Commissioner Hardy to Approve.

YES: 7 – Alberta Christy, Sandra Pena Sarmiento, Tim Rush, Edward Murashie, Keith Carpenter, Mark McLoughlin, Ginelle Hardy
NO: 0 –  ABSTAIN: 0 –  ABSENT: 2 – Dwayne Shipp, Vince Frazier Status: 7 – 0 – 0 – 2 – Pass

5. Historic Resources Commission Application No. 2021­12, Historic Register Categorization No. 2021­12 and Historic Property Preservation Agreement No. 2021­11 – Jill Arabe, Case Planner.

Project Location: 2206 N. Freeman Street (historically known as the Eisen­Glasser House) located in the Single Family Residential (R­1) zoning district.

Project Applicant: Jacob and Vanessa Collins
Project Description: The applicant is requesting approval of Historic Resources Commission Application No. 2021­12, Historic Register Categorization No. 2021­12, and Historic Property Preservation Agreement No. 2021­11 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, as this action is designed to preserve a historic resource. Categorical Exemption No.

ER­2021­59 will be filed for this project.

Recommended Action:

1. Adopt a resolution approving Historic Resources Commission Application No. 2021­ 12 and Historic Register Categorization No. 2021­12.

2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute a Mills Act agreement with Jacob and Vanessa Collins subject to non­substantive changes approved by the City Manager and City Attorney.

Minutes: Commissioners Carpenter, Christy, Murashie, and Rush disclosed they visited the property.

Chair Christy opened the Public Hearing. The applicant spoke in support of the matter.

The following individual spoke on the matter.

Dylan Almendral spoke in suppory
There were no other speakers and the Public Hearing was closed.

Moved by Commissioner Rush, seconded by Commissioner McLoughlin to Approve.

YES: 7 – Alberta Christy, Sandra Pena Sarmiento, Tim Rush, Edward Murashie, Keith Carpenter, Mark McLoughlin, Ginelle Hardy
NO: 0 –  ABSTAIN: 0 –  ABSENT: 2 – Dwayne Shipp, Vince Frazier Status: 7 – 0 – 0 – 2 – Pass
Historic Historic Resources Commission City Council Resources Commission 18 – 8 1 – 9578 10/18/2022 9/8/2022 7/1/2021 pg
Moved by Commissioner Rush, seconded by Commissioner McLoughlin to Approve.

YES: 7 – Alberta Christy, Sandra Pena Sarmiento, Tim Rush, Edward Murashie, Keith Carpenter, Mark McLoughlin, Ginelle Hardy
NO: 0 –  ABSTAIN: 0 –  ABSENT: 2 – Dwayne Shipp, Vince Frazier Status: 7 – 0 – 0 – 2 – Pass

6. Historic Exterior Modification Application No. 2021­03 – Jill Arabe, Case Planner Project Location: 2405 N. Bonnie Brae located in the Single Family Residential (R­1) zoning district.

Project Applicant: Carol Fox
Project Description: The applicant is requesting approval of Historic Exterior Modification Application No. 2021­03 to allow exterior modifications on a property listed in the California Register of Historical Resources. Modifications include a 257­ square­foot addition to the first floor to accommodate a new kitchen addition and new bath, a 172­square­foot basement addition, addition to the detached garage, construction of three accessory structures, and rear yard improvements.

Environmental Impact: In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No.

ER­2021­53 will be filed for this project.

Recommended Action: Adopt a resolution approving a Certificate of Appropriateness for Historic Exterior Modification Application No. 2021­03.

Minutes: Commissioners Carpenter, Murashie, Christy, and Rush disclosed they visited the property.

Chair McLoughlin recused himself from consideration of the matter as he lives within 500 feet of the property.

Recording Secretary reported that written communication was received.

Chair Christy opened the Public Hearing. The applicant spoke in support of the matter.

The following individual spoke on the matter.

Carol Tink­Fox, Architect, spoke in support. and answered commission questions regarding square footage and the accessory units.

Moved by Commissioner Hardy, seconded by Commissioner Rush to Approve.

YES: 5 – Alberta Christy, Sandra Pena Sarmiento, Tim Rush, Keith Carpenter, Ginelle Hardy
NO: 1 – Edward Murashie
ABSTAIN: 1 – Mark McLoughlin
ABSENT: 2 – Dwayne Shipp, Vince Frazier
Status:5–1–1–2–Pass
Historic Historic Resources Commission City Council Resources Commission 18 – 9 1 – 9679 10/18/2022 9/8/2022 7/1/2021 Moved by Commissioner Hardy, seconded by Commissioner Rush to Approve.

YES: 5 – Alberta Christy, Sandra Pena Sarmiento, Tim Rush, Keith Carpenter, Ginelle Hardy
NO: 1 – Edward Murashie
ABSTAIN: 1 – Mark McLoughlin
ABSENT: 2 – Dwayne Shipp, Vince Frazier
Status: 5 – 1 – 1 – 2 – Pass

7. Historic Exterior Modification Application No. 2021­05 ­ Pedro Gomez, Case Planner
Project Location:        804 N. Baker Street (historically known as the Duhart House) located in the Single Family Residential (R­1) zoning district.

Project Applicant:      Jeff Marquez
Project Description: The applicant is requesting approval of Historic Exterior Modification Application No. 2021­05 to allow exterior modifications on a property that is listed as “Key” on the Santa Ana historic register. Modifications include a 406­ square­foot addition to an existing 2,458­square­foot single­family residence to include rebuilding an existing front porch, new rear bedroom and pantry addition, rear porch cover, new windows, new paint, and rehabilitation of existing detached garage.

Environmental Impact: There is no environmental impact associated with this action.

Recommended Action: Adopt a resolution denying a Certificate of Appropriateness for Historic Exterior Modification Application No. 2021­05.

Minutes: Commissioners Christy, Murashie, and Rush disclosed they visited the property.

Recording Secretary reported written communication was received.

Chair Christy opened the Public Hearing. Representative of the applicant, Thomas Morrissey, spoke in support.

The following individuals spoke on the matter.

David Mayo spoke in support.

There were no other speakers and the Public Hearing was closed.

Commission expressed concern regarding modifications to the front porch.

Moved by Commissioner Murashie, seconded by Commissioner Rush to Approve with the following added conditions:  (1) The front porch  shall remain in like for like condition and (2) CEQA findings shall be added to the Resolution .

YES: 7 – Alberta Christy, Sandra Pena Sarmiento, Tim Rush, Edward Murashie, Keith Carpenter, Mark McLoughlin, Ginelle Hardy
NO: 0 –  ABSTAIN: 0 –  ABSENT: 2 – Dwayne Shipp, Vince Frazier Status: 7 – 0 – 0 – 2 – Pass
Historic Historic Resources Commission City Council Resources Commission 18 – 10 1 – 9780 10/18/2022 9/8/2022 7/1/2021 Approve with the following added conditions:  (1) The front porch  shall remain in like for like condition and (2) CEQA findings shall be added to the Resolution .

YES: 7 – Alberta Christy, Sandra Pena Sarmiento, Tim Rush, Edward Murashie, Keith Carpenter, Mark McLoughlin, Ginelle Hardy
NO: 0 –  ABSTAIN: 0 –  ABSENT: 2 – Dwayne Shipp, Vince Frazier Status: 7 – 0 – 0 – 2 – Pass
BUSINESS CALENDAR – ADMINISTRATIVE MATTERS

8. Election of Officers
Recommended Action:

1. Elect a Chairperson for the 2021­2022 term

2. Elect a Vice­Chairperson for the 2021­2022 term
Moved by Commissioner Murashie, seconded by Commissioner Carpenter to Appoint Commissioner Rush as Chairperson.

YES: 7 – Alberta Christy, Sandra Pena Sarmiento, Tim Rush, Edward Murashie, Keith Carpenter, Mark McLoughlin, Ginelle Hardy
NO: 0 –  ABSTAIN: 0 –  ABSENT: 2 – Dwayne Shipp, Vince Frazier Status: 7 – 0 – 0 – 2 – Pass
Moved by Commissioner Rush, seconded by Commissioner Christy to Appoint Commissioner Murashie as Vice Chair .

YES: 7 – Alberta Christy, Sandra Pena Sarmiento, Tim Rush, Edward Murashie, Keith Carpenter, Mark McLoughlin, Ginelle Hardy
NO: 0 –  ABSTAIN: 0 –  ABSENT: 2 – Dwayne Shipp, Vince Frazier Status: 7 – 0 – 0 – 2 – Pass

9. South Main Historic Art Walk Project
Recommended Action: Appoint an adhoc committee
Moved by Commissioner Christy, seconded by Commissioner Murashie to Appoint Commissioners Sarmiento, Hardy, and Carpenter to the adhoc committee .

YES: 7 – Alberta Christy, Sandra Pena Sarmiento, Tim Rush, Edward Murashie, Keith Carpenter, Mark McLoughlin, Ginelle Hardy
NO: 0 –  ABSTAIN: 0 –  ABSENT: 2 – Dwayne Shipp, Vince Frazier Status: 7 – 0 – 0 – 2 – Pass
STAFF COMMENTS
Update on the First American Project
COMMISSIONER COMMENTS
Historic Historic Resources Commission City Council Resources Commission 18 – 11 1 – 9881 10/18/2022 9/8/2022 7/1/2021 STAFF COMMENTS
Update on the First American Project
COMMISSIONER COMMENTS

ADJOURNMENT
The next meeting of the Historic Resources Commission is scheduled for September 2, 2021 at 4:30 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, CA.

MEETING INFORMATION:

If you would like to learn how to use Zoom before the meeting, visit Zoom Video Tutorials.

1. Connecting directly from your computer:

Click on the link on top of this agenda OR
Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID. The Meeting ID is listed at the top of this agenda.

To speak during the meeting:  When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes.

2. Connecting via the Zoom App:

Download the free Zoom Cloud Meetings app from your favorite app store.

Launch the app and click on the blue Join a Meeting button. Enter the Meeting ID, your name, and the blue Join button. The Meeting ID is listed at the top of this agenda.

To speak during the meeting:  When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes.

3. Dialing in from a mobile phone or landline:

Dial (669) 900­9128. When prompted, enter the meeting ID. The Meeting ID is listed at the top of this agenda.

To speak during the meeting:  When you wish to comment on an item that is being is discussed, press *9 on your phone to virtually raise your hand. You will have 3 minutes.

Submit a written comment: If you are unable to attend this in­person meeting, you are invited to submit a written comment in one of the following ways:

1.  Visit the City’s Public Portal
Scroll down to the list of meetings and locate the meeting you are interested in.

Select the COMMENT icon to the right of “Meeting Title” (under the Options tab) and follow the prom

2.  E­mail PBAecomments@santa­ana.org and reference the topic in the subject line.

3.  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 4:00 p.m. on the day of the Historic Historic Resources Commission City Council Resources Commission 18 – 12 1 – 9982 10/18/2022 9/8/2022 7/1/2021 y
Scroll down to the list of meetings and locate the meeting you are interested in.

Select the COMMENT icon to the right of “Meeting Title” (under the Options tab) and follow the prom

2.  E­mail PBAecomments@santa­ana.org and reference the topic in the subject line.

3.  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 4:00 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.

APPEAL INFORMATION: The formal action by the Commission shall become effective after the ten­day appeal period. An appeal from the decision or requirement of the Commission may be made by any interested party, individual, or group. The appeal must be filed with the Clerk of the Council, accompanied by the required filing fee, and a copy sent to the Planning Department, within ten days of the date of the Commission's action, by 5:00 p.m. If the final day to appeal falls on a City Hall observed holiday or a day when City hall is closed, the final day to appeal shall be extended to the next day City Hall is open for public business. Please note: Under California Government Code Sec. 65009, if you challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the Commission or City Council at or before the hearing.

Historic Historic Resources Commission City Council Resources Commission 18 – 13 1 – 100 83 10/18/2022 9/8/2022 7/1/2021 This space for filing stamp only
OR#:

O R A N G E C O U N T Y R E P O R T E R
~ SINCE 1921 ~
600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841

PROOF OF PUBLICATION
(2015.5 C.C.P.)
State of California )
County of Orange ) ss
Notice Type:

Ad Description:

I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:

Executed on: 10/10/2004
At Los Angeles, California
I certify (or declare) under penalty of perjury that the foregoing is true and correct.

Signature

O R A N G E C O U N T Y R E P O R T E R
~ SINCE 1921 ~
600 W SANTA ANA BLVD, SANTA ANA, CA 92701
(714) 543-2027 (714) 542-6841
OR 3599250
Sarah Bernal

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

GPN - GOVT PUBLIC NOTICE
2405 N BONNIE BRAE
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the city of SANTA ANA, county of ORANGE, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of ORANGE, State of California, under date 06/20/1922, Case No. 13421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:
06/24/2022
06/24/2022
ORANGE
!A000006053487!
Email

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: 2405 North Bonnie
Brae
Project Applicant: Benjamin and
Catherine Mayberry
Project Description: The property
owners, Benjamin and Catherine
Mayberry, are applying for the property to
be designated on the Santa Ana Register
of Historical Properties, to categorize the
property as Key, and for a Mills Act
Contract with the City.

Environmental Impact: In accordance
with the California Environmental Quality
Act, the recommended action is exempt
from further review under Section 15331,
Class 31, as this action is designed to
preserve a historic resource. Categorical
Exemption No. 2022-45 will be filed for
this project.

Meeting Details: This matter will be
heard on Thursday, July 7, 2022, at 4:30
p.m. at City Hall, Ross Annex, 20 Civic
Center Plaza, Conf. Room 1600, 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 this in-person meeting, you may send written comments by e-mail to [email protected] (reference the Agenda Item # 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 Narcedalia Perez al (714) 667- 2260 .

N
u cn liên lc bng ti
ng Vit, xin
in thoi cho Tony Lai s (714) 565-
2627.
6/24/22
OR-3599250#
Historic Resources Commission City Council 18 – 1 – 101 84 10/18/2022 9/8/2022

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: 2405 North Bonnie Brae
Project Applicant: Benjamin and Catherine Mayberry
Project Description: The property owners, Benjamin and Catherine Mayberry, are applying for the property to be designated on the Santa Ana Register of Historical Properties, to categorize the property as Key, and for a Mills Act Contract with the City.

Environmental Impact: In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No. 2022-45 will be filed for this project.

Meeting Details: This matter will be heard on Thursday, July 7, 2022, at 4:30 p.m. at City Hall, Ross Annex, 20 Civic Center Plaza, Conf. Room 1600, 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 this in-person meeting, you may send written comments by e-mail to [email protected] (reference the Agenda Item # 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 Historic Resources Commission City Council 18 – 1 – 102 85 10/18/2022 9/8/2022 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 Narcedalia Perez al (714) 667-2260.

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

Publish: OC Reporter
Date: June 24, 2022 Historic Resources Commission City Council 18 – 1 – 103 86 10/18/2022 9/8/2022

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 Duane Paul Rohrbacher, Jr., a Single Man and Shannon Dominique Quihuiz, a Single woman as joint tenants, (hereinafter collectively referred to as “Owner”), owner of real property located at 419 E. Wellington Avenue, 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 419 E.

Wellington Avenue, Santa Ana, CA, 92701 and more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference, and hereinafter referred to as the “Historic Property”.

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

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

Exhibit 3
City Council 18 – 104 10/18/2022

MILLS ACT AGREEMENT
419 E. Wellington Avenue
Santa Ana, CA 92703
- 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 October 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.

City Council 18 – 105 10/18/2022

MILLS ACT AGREEMENT
419 E. Wellington Avenue
Santa Ana, CA 92703
- 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 City Council 18 – 106 10/18/2022

MILLS ACT AGREEMENT
419 E. Wellington Avenue
Santa Ana, CA 92703
- 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 419 E. Wellington Avenue, Assessor Parcel Number, 398-028-11, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement.
b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner’s successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying City Council 18 – 107 10/18/2022

MILLS ACT AGREEMENT
419 E. Wellington Avenue
Santa Ana, CA 92703
- 5 -
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: Duane Rohrbacher and Shannon Quihuiz
419 E. Wellington Avenue
Santa Ana, CA 92701

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 18 – 108 10/18/2022

MILLS ACT AGREEMENT
419 E. Wellington Avenue
Santa Ana, CA 92703
- 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}
City Council 18 – 109 10/18/2022

MILLS ACT AGREEMENT
419 E. Wellington Avenue
Santa Ana, CA 92703
- 7 -
ATTEST: CITY OF SANTA ANA
________________________ _________________________

KRISTINE RIDGE
Clerk of the Council City Manager
OWNER
Date: ______________________ By:_________________________

DUANE PAUL ROHRBACHER, JR
Date: ______________________ By:_________________________

SHANNON DOMINIQUE QUIHUIZ
APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL:

SONIA CARVALHO
City Attorney
By: _____________________ _____________________
JOHN M. FUNK MINH THAI
Chief Assistant City Attorney Executive Director
Planning and Building Agency
City Council 18 – 110 10/18/2022

MILLS ACT AGREEMENT
419 E. Wellington Avenue
Santa Ana, CA 92703
- 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 5 OF TITCHENAL’S ADDITION TO SANTA ANA, IN THE CITY OF SANTA ANA,

COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 6, PAGE 49 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

Assessor’s Parcel Number: 398-028-11
City Council 18 – 111 10/18/2022

LL\HRC\category Titchenel-catland
5-12-00
NAME Titchenel-Catland House REF. NO. 138
ADDRESS 419 East Wellington Street
CITY Santa Ana ZIP 92701 ORANGE COUNTY
YEAR
BUILT
1887 LOCAL REGISTER CATEGORY: Key
HISTORIC DISTRICT French Park NEIGHBORHOOD French Park
NATIONAL REGISTER CRITERIA FOR EVALUATION C NATIONAL REGISTER STATUS CODE 1D Location: Not for Publication Unrestricted
USGS 7.5” Quad Date: T R ¼ of ¼ of Sec : B.M.

Prehistoric Historic Both
ARCHITECTURAL STYLE: 1887 Victorian Italianate/ 1925 remodel added Craftsman Bungalow elements Exhibit B
City Council 18 – 112 10/18/2022

LL\HRC\category Titchenel-catland
5-12-00
DESCRIPTION/BACKGROUND RELATED TO PERIOD ARCHITECTURE:

The architectural style terminology is adapted from the National Register Bulletin 16A.

The Victorian Italianate style was one of the Late Victorian styles that flourished between 1860 –1890. The style emphasizes the vertical lines in volumes and elongated doors and windows. Wide overhanging eaves often with decorative brackets and hipped roofs, usually cap these buildings. Other significant features include balustrade balconies, corner quoins and rectangular windows with hood mouldings.

The Craftsman Bungalow architectural style is an early 20th century American movement, developed by Charles and Henry Greene of Pasadena, California. The height of the movement is between 1900 and 1920’s. The Craftsman Bungalow is characterized by the use of natural wood for exposed massive beams and rafters and exterior siding. Some of the most prominent features are: low pitched gabled roof with wide overhangs and projecting brackets; the emphasis on horizontal shapes informally arranged; the use of shingles as exterior finish; broad, gabled entry porches; no applied ornament; creek rock foundations and porches. Many house include Japanese and Swiss influences in their exterior detailing.

CONSTRUCTION HISTORY: (Construction data, alterations, and date of alterations) Year Built:

Add sleeping porch:

Alterations:

Alterations:

Reroof:
1887
January 18, 1919
September 1921-1925
August 1, 1951
February 29, 1988
RELATED FEATURES: (Other important features such as barns, sheds, fences, prominent or unusual trees, or landscape) Original garage, located at rear
DESCRIPTION: (Describe resource and its major elements. Include design, materials, condition, alterations, size, settings, and boundaries.)
The unusual architectural character of this 1887 Victorian house can be explained by the 1925(1921?) remodel that added Craftsman elements. At that time, the roof was raised, adding more rooms on the second floor and the porch was redesigned. The ell-shaped gabled roof, accented with single exposed beam ends, rafter tails, and louvered vents, features a prominent front bay on the east side.

Casement windows with muntins in the top third are used throughout the second story. A railing of plain balusters, placed between square piers, borders the flat roof of the single-storied porch. Square wood posts, resting on paneled piers, support the 1925 front porch. From the Victorian era are the cut corners, tear drops, paired double hung windows with hood mouldings, and wide shiplap siding trimmed with corner boards.

City Council 18 – 113 10/18/2022

LL\HRC\category Titchenel-catland
5-12-00
HISTORIC HIGHLIGHTS:

Originally built by a Mr. Carden, the house was shortly after owned by the Titchenel’s, a town constable. One of Santa Ana’s most prominent pioneer families, the Titchenels came to the new village on November 9, 1869, one month after William Spurgeon bought the property that was to become Santa Ana. The Titchenels bought two lots. Tradition says that he built the town’s first house, on Fourth and Main Streets. This was the second house, built in 1887. Originally, the property covered the whole block from Wellington to Washington and French to Lacy Streets. The block was later subdivided and is known as the Titchenel addition. From 1881 to 1886 he also built and operated the Titchenel Block in downtown Santa Ana. Serving as an early peace officer, he also was a farmer, a builder, and a teamster. Osgood and Aurelia Catland, along with their daughter Irene, a teacher in nearby Tustin, moved into this house in 1906, purchasing it four years later. In 1910, Osgood is listed as an engineer. The Catland family lived in the house until the 1980’s.

RESOURCE ATTRIBUTES: (List attributes and codes from Appendix 4 of Instructions for Recording Historical Resources, Office of Historic Preservation)
(HP 2) Single Family Property
RESOURCES PRESENT:

Building Structure Object Site District Element of District Other MOVED? No Yes Unknown Date: Original Location:

STATEMENT OF SIGNIFICANCE: (Discuss importance in terms of historical or architectural context as defined by theme, period, geographic scope, and integrity.)
This example of residential architecture during the City of Santa Ana’s early formation years is located in French Park Historic District. This two story farm house was built during the early years of the development of French Park, a residential district advertised as the “Nob Hill” of Orange County. French Park was home to many prominent businessman, doctors, bankers, attorneys and civil servants from 1880 to the early 1940’s. This house is in excellent condition, and on its original site.

SUMMARY/CONCLUSION:

This building is characteristic of a significant period in the history of the City of Santa Ana. The house was built during the early formation and development of the City and French Park. While this building is associated with a significant person in the City, the Titchenel family, the subsequent owner extensively modified the house and it no longer reflects the architecture that existed when the Titchenel family lived here.

OWNER AND ADDRESS: Bruce C., Viola and Wayne L. Small

1115 N. French Street

Santa Ana, CA 92701

City Council 18 – 114 10/18/2022

LL\HRC\category Titchenel-catland
5-12-00
RECORDED BY: (Name, affiliation, and address)
Lucy Linnaus
City of Santa Ana, Planning Division
20 Civic Center Plaza M-20, Santa Ana, CA 92702
DATE RECORDED: May 4, 2000
SURVEY TYPE: (Intensive, reconnaissance, or other)
Reconnaissance
REPORT CITATION: (Cite survey report and other sources) National Register of Historic Places Application for French Park Historic District Santa Ana Historic Register Application Form
REFERENCES: (List documents, date of publication, and page numbers. May also include oral interviews.) City of Santa Ana Building Division Records
Orange County Recorders Office
EVALUATOR: DATE OF EVALUATION:

EXPLANATION OF CODES:
• National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation)
C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction
• National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation)
1D: Contributor to a listed district.

City Council 18 – 115 10/18/2022

MILLS ACT AGREEMENT
419 E. Wellington Avenue
Santa Ana, CA 92701
- 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 18 – 116 10/18/2022

MILLS ACT AGREEMENT
419 E. Wellington Avenue
Santa Ana, CA 92701
- 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 18 – 117 10/18/2022
Planning and Building Agency
Item # c
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Historic Resources Commission Staff Report
September 8, 2022
Topic: HPPA No. 2022-5 – Titchenel-Catland House

RECOMMENDED ACTION
Recommend that the City Council authorize the City Manager and Clerk of the Council to execute a Historic Property Preservation Agreement (Mills Act) with Duane Rohrbacher and Shannon Quihuiz for the property located at 419 E. Wellington Avenue, subject to non-substantive changes approved by the City Manager and City Attorney (Exhibit 1).

EXECUTIVE SUMMARY
Duane Rohrbacher and Shannon Quihuiz are requesting approval to execute a Mills Act Agreement with the City of Santa Ana at an existing residence located at 419 E.

Wellington Avenue, in the French Park neighborhood, that is currently listed on the Santa Ana Register of Historical Properties.

DISCUSSION
Project Location and Site Description
The subject property, known as the Titchenel-Catland House, consists of an existing twostory residence originally designed in a Victorian Italianate. The property was remodeled to add Craftsman Bungalow elements in the early to mid-1920s. The residence is approximately 2,146 square feet in size on a 12,600-square-foot residential lot (Exhibit 2).

The Titchenel-Catland House was added to the Santa Ana Register of Historical Properties (“Register”) in 1997 and categorized as “Key.”
Analysis of the Issues
Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties. The property is listed on the Register and categorized as Contributive, making it eligible for a Mills Act Agreement. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner’s voluntary commitment to maintain the property in a good state Historic Resources Commission City Council 18 – c – 118 1 10/18/2022 9/8/2022 HPPA No. 2022-5 – Titchenel-Catland House
September 8, 2022

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 In 1997, the City Council of Santa Ana by placed the property on the Santa Ana Register of Historic Properties (“Register”). In 2000, the Historic Resources Commission categorized the Titchenel-Catland House within the “Key” category for having a distinctive architectural style and quality in the unusual stylistic blending of the Victorian and Craftsman Bungalow styles. In addition, the Titchenel-Catland House was deemed characteristic of a significant period in the history of Santa Ana, as it was the home to the Tichenel Family, one of Santa Ana’s most prominent pioneer families. They occupied the house on the property that covered the whole block and later sold it to William Spurgeon for subdivision. Character-defining exterior features of the Titchenel-Catland House include, but may not be limited to, the Victorian elements (elongated windows and doors, prominent bay window, wide shiplap siding trimmed with corner boards), the gable roof, single exposed beam-ends, rater tails, and louvered vents, representative of the Craftsman Bungalow style.

Since its listing on the Register in 1997 to 2020, the property had minimal improvements.

More recently, the property owner has improved the site with irrigation, front yard fencing, and replacement of exterior of door on rear. These improvements were noted as part of the site visit to the property. In addition to these improvements, the property owner has expressed a desire to improve the site with additional landscaping, an accessory arbor, and restoration of the front porch. These additional changes, as well as other site improvements, will be included as part of the rehabilitation and restoration requirements during the duration of the Mills Act Agreement. Moreover, these improvements will be subject to review and approval by staff, and would be subject to compliance with the City’s Neighborhood Review process, Historic Exterior Modification Application (if applicable), and the Secretary of the Interior’s Standards (“Standards”) for rehabilitation. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement.

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 Resources Commission City Council 18 – c – 119 2 10/18/2022 9/8/2022 HPPA No. 2022-5 – Titchenel-Catland House
September 8, 2022

are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2022-84 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 $196.85 annually, for a period of not less than ten years.

EXHIBIT(S)
1 - Mills Act Agreement
2 - 500’ Radius Map
3 - Site Photos – 419 E. Wellington Avenue
4 - March 1, 2007 HRC Meeting Staff Report, Historic Summary, and Resolution of Approval
5 - March 1, 2007 HRC Meeting Action Minutes
Submitted By:

Pedro Gomez, AICP, Senior Planner
Approved By:

Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency
Historic Resources Commission City Council 18 – c – 120 3 10/18/2022 9/8/2022

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 Duane Paul Rohrbacher, Jr., a Single Man and Shannon Dominique Quihuiz, a Single woman as joint tenants, (hereinafter collectively referred to as “Owner”), owner of real property located at 419 E. Wellington Avenue, 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 419 E.

Wellington Avenue, Santa Ana, CA, 92701 and more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference, and hereinafter referred to as the “Historic Property”.

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

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

Historic Resources Commission City Council 18 – c – 121 4 10/18/2022 9/8/2022

MILLS ACT AGREEMENT
419 E. Wellington Avenue
Santa Ana, CA 92703
- 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 October 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 Resources Commission City Council 18 – c – 122 5 10/18/2022 9/8/2022

MILLS ACT AGREEMENT
419 E. Wellington Avenue
Santa Ana, CA 92703
- 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 Resources Commission City Council 18 – c – 123 6 10/18/2022 9/8/2022

MILLS ACT AGREEMENT
419 E. Wellington Avenue
Santa Ana, CA 92703
- 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 419 E. Wellington Avenue, Assessor Parcel Number, 398-028-11, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement.
b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner’s successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying Historic Resources Commission City Council 18 – c – 124 7 10/18/2022 9/8/2022

MILLS ACT AGREEMENT
419 E. Wellington Avenue
Santa Ana, CA 92703
- 5 -
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: Duane Rohrbacher and Shannon Quihuiz
419 E. Wellington Avenue
Santa Ana, CA 92701

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 Resources Commission City Council 18 – c – 125 8 10/18/2022 9/8/2022

MILLS ACT AGREEMENT
419 E. Wellington Avenue
Santa Ana, CA 92703
- 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 Resources Commission City Council 18 – c – 126 9 10/18/2022 9/8/2022

MILLS ACT AGREEMENT
419 E. Wellington Avenue
Santa Ana, CA 92703
- 7 -
ATTEST: CITY OF SANTA ANA
________________________ _________________________

KRISTINE RIDGE
Clerk of the Council City Manager
OWNER
Date: ______________________ By:_________________________

DUANE PAUL ROHRBACHER, JR
Date: ______________________ By:_________________________

SHANNON DOMINIQUE QUIHUIZ
APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL:

SONIA CARVALHO
City Attorney
By: _____________________ _____________________
JOHN M. FUNK MINH THAI
Chief Assistant City Attorney Executive Director
Planning and Building Agency
Historic Resources Commission City Council 18 – c – 127 10 10/18/2022 9/8/2022

MILLS ACT AGREEMENT
419 E. Wellington Avenue
Santa Ana, CA 92703
- 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 5 OF TITCHENAL’S ADDITION TO SANTA ANA, IN THE CITY OF SANTA ANA,

COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 6, PAGE 49 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

Assessor’s Parcel Number: 398-028-11
Historic Resources Commission City Council 18 – c – 128 11 10/18/2022 9/8/2022