(ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; (iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties;
(iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement.
(vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR.
Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee.
11. FEDERAL PROVISIONS.
Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds (“CSLFRF”) program, will be used to fund all or a portion of this Construction Contract. CONTRACTOR shall comply with all applicable federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference:
a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the “Act”);
b. U.S. Department of the Treasury (“Treasury”) Final Rule for the Act; c. Treasury Compliance and Reporting Guidance for the Act; d. 2 C.F.R Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury; e. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and f. Federal contract provisions attached hereto as Exhibit “B” and incorporated herein by reference.
Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in tis Construction Contract. With respect to any conflict between such federal requirements and the terms of this Construction Contract and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control.
IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written.
City Council 21 – 14 10/1/2024
ATTEST: CITY OF SANTA ANA
JENNIFER L. HALL
City Clerk
ALVARO NUÑEZ
City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO CONTRACTOR:
City Attorney Diamond Construction & Design
By:
NAME:
Assistant City Attorney TITLE:
RECOMMENDED FOR APPROVAL:
NABIL SABA, PE
Executive Director
Public Works Agency
STELIAN ONUFREI
general partner
Jonathan T. Martinez
Nabil Saba Digitally signed by Nabil Saba
Date: 2024.09.17 14:57:12
-07'00'
City Council 21 – 15 10/1/2024
DIAMOND CONSTRUCTION & DESIGN
19,000 19,000
6,500 6,500
185 58,275
4,500 4,500
75 2,550
60 11,400
325 6,175
22,500 22,500
1038.50 27,001
36,000 36,000
29 17,864
25 4,250
14 34,888
17.8 16,037.80
EXHIBIT A
City Council 21 – 16 10/1/2024
167,900
7 $167,900
$2,065
5,000 $5,000
20 $14,000
1,200 $4,800
800 $4,800
38,000 $38,000
19,225 $38,450
2,700 $16,200
2,750 $27,500
400 $1,600
5,000 $10,000
$7,000 $7,000
3,500 $28,000
30,000 $30,000
250 $6,500
500 $1,500
2,000 $2,000
1.25 $5,681.25
1.25 $5,806.25
4,000 $12,000
City Council 21 – 17 10/1/2024
DIAMOND CONSTRUCTION & DESIGN
STELIAN ONUFREI - GEN ADRIAN O'BRIAN - qualify partner
250 $5,750
45 $37,665
30 $1,770
4,000 $4,000
2,000 $2,000
746,928.30
City Council 21 – 18 10/1/2024
DIAMOND CONSTRUCTION & DESIGN
STELIAN ONUFREI - GENERAL PARTNER ADRIAN O'BRIAN - qualify partner City Council 21 – 19 10/1/2024
EXHIBIT B
FEDERAL CONTRACT PROVISIONS
During the performance of this Construction Contract, CONTRACTOR shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit "B."
1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327)
(a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience.
(b) Appendix II to Part 200 (C) Equal Employment Opportunity: During the performance of this Construction Contract, CONTRACTOR agrees as follows:
(i) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(ii) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(iii) The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant.
This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the CONTRACTOR's legal duty to furnish information.
City Council 21 – 20 10/1/2024
(iv) The CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the CONTRACTOR's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(v) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (vi) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(vii) In the event of the CONTRACTOR's noncompliance with the nondiscrimination clauses of this Construction Contract or with any of the said rules, regulations, or orders, this Construction Contract may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (viii) The CONTRACTOR will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The CONTRACTOR will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event the CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States.
The CITY further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the CITY so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Construction Contract.
The CITY agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the CONTRACTOR and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the City Council 21 – 21 10/1/2024
supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.
The CITY further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the CITY agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
(c) Appendix II to Part 200 (D) Davis-Bacon Act: Not applicable to this Construction Contract since it is funded by CSLFRF.
(d) Appendix II to Part 200 (D) ti-Kickba Not applicable to this Construction Contract since it is funded by CSLFRF.
(e) Appendix II to Part 200 (E) Contract Work Hours and Safety Standards Act:
(i) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(ii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section.
(iii) Withholding for unpaid wages and liquidated damages. The CITY shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CONTRACTOR or subcontractor under any such contract or any other Federal contract with the CONTRACTOR, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is City Council 21 – 22 10/1/2024
held by the CONTRACTOR, such sums as may be determined to be necessary to satisfy any liabilities of CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section.
(iv) Subcontracts. The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The CONTRACTOR shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section.
(f) Appendix II to Part 200 (F) Rights to Inventions Made Under a Contract or Agreement:
Not applicable to this Construction Contract.
(g) Appendix II to Part 200 (G) Clean Air Act and Federal Water Pollution Control Act:
(i) Pursuant to the Clean Air Act, (1) CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) CONTRACTOR agrees to report each violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) CONTRACTOR agrees to include these requirements in each subcontract exceeding $150,000. (ii) Pursuant to the Federal Water Pollution Control Act, (1) CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) CONTRACTOR agrees to report each violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) CONTRACTOR agrees to include these requirements in each subcontract exceeding $150,000.
(h) Appendix II to Part 200 (H) Debarment and Suspension:
(i) This Construction Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such CONTRACTOR is required to verify that none of the CONTRACTOR, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) CONTRACTOR must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(iii) This certification is a material representation of fact relied upon by CITY. If it is later determined that CONTRACTOR did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the CITY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) CONTRACTOR warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. CONTRACTOR also agrees to verify that all City Council 21 – 23 10/1/2024
subcontractors performing work under this Construction Contract are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. CONTRACTOR further agrees to notify the CITY in writing immediately if CONTRACTOR or its subcontractors are not in compliance during the term of this Construction Contract. (i) Appendix II to Part 200 (I) Byrd Anti-Lobbying Act: CONTRACTORS that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.
Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. CONTRACTOR must sign and submit to the CITY the certification regarding lobbying attached hereto as Attachm reference.
(j) Appendix II to Part 200 (J) §200.323 Procurement of Recovered Materials:
(i) CONTRACTOR shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement.
(ii) In the performance of this Construction Contract, the CONTRACTOR shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price. (iii) Information about this requirement, along with the list of EPA-designate items, is https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) The CONTRACTOR also agrees to comply with all other applicable requirements (k) Appendix II to Part 200 (K) §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment:
(i) CONTRACTOR shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Construction Contract. As described in Public Law 115 232, section 889, covered City Council 21 – 24 10/1/2024
telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
(2) Telecommunications or video surveillance services provided by such entities or using such equipment.
(3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (ii) See Public Law 115-232, section 889 for additional information. (l) Appendix II to Part 200 (L) §200.322 Domestic Preferences for Procurement:
(i) CONTRACTOR shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts.
(ii) For purposes of this section:
(1)
manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
(2)
composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
2. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS
LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS
(a) Maintenance of and Access to Records. CONTRACTOR shall maintain records and regulations implementing that section, and guidance issued by Treasury regarding the foregoing.
CONTRACTOR agrees to provide the CITY, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the CONTRACTOR which are directly pertinent to this Construction Contract for the purposes of conducting audits or other investigations. Records shall be maintained by CONTRACTOR for a period of five (5) years after completion of the project.
City Council 21 – 25 10/1/2024
(b) Compliance with Federal Regulations. CONTRACTOR agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. CONTRACTOR also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation, the following:
(i) Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.
(ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference.
(iii) OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subj
(iv) Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. (v) Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20. (vi) New Restrictions on Lobbying, 31 C.F.R. Part 21.
(vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.
(c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination.
CONTRACTOR agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation, the following:
(i) Title VI o
implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance. (ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability.
(iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance.
(iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and age in programs or activities receiving federal financial assistance.
City Council 21 – 26 10/1/2024
(v) Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.
(d) False Statements. CONTRACTOR understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. (e) Protections for Whistleblowers.
(i) In accordance with 41 U.S.C. § 4712, CONTRACTOR may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant.
(ii) The list of persons and entities referenced in the paragraph above includes the following:
(1) A member of Congress or a representative of a committee of Congress; (2) An Inspector General;
(3) The Government Accountability Office;
(4) A Treasury employee responsible for contract or grant oversight or management;
(5) An authorized official of the Department of Justice or other law enforcement agency;
(6) A court or grand jury; or
(7) A management official or other employee of CONTRACTOR, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. (f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), CONTRACTOR is encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles, and encourage its subcontractors to do the same
(g) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), CONTRACTOR should encourage its employees and subcontractors to adopt and City Council 21 – 27 10/1/2024
enforce policies that ban text messaging while driving, and CONTRACTOR should establish workplace safety policies to decrease accidents caused by distracted drivers. (h) Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not limited to, the following:
(i) CONTRACTOR ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents.
(ii) CONTRACTOR
assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. CONTRACTOR understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly, CONTRACTOR shall initiate services and activities to LEP persons. CONTRACTOR understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project. (iii) CONTRACTOR agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov.
(iv) CONTRACTOR acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon CONTRACTOR and CONTRACTOR
such assistance is provided.
(v) CONTRACTOR agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the CONTRACTOR and the CONTRACTOR subcontractors, successors, transferees and assignees:
The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as City Council 21 – 28 10/1/2024
implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). (vi) CONTRACTOR understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the CONTRACTOR, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the CONTRACTOR for the period during which it retains ownership or possession of the property.
(vii) CONTRACTOR shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. CONTRACTOR shall comply with information requests, on-site compliance reviews, and reporting requirements.
(viii) CONTRACTOR shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. CONTRACTOR must also inform the Department of the Treasury if CONTRACTOR has received no complaints under Title VI.
(ix) CONTRACTOR
-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the CONTRACTOR and the administrative agency that made the finding. If the CONTRACTOR settles a case or matter alleging such discrimination, CONTRACTOR must provide documentation of the settlement. If CONTRACTOR has not been the subject of any court or administrative agency finding of discrimination, please so state. (x) If CONTRACTOR makes sub-awards to other agencies or other entities, CONTRACTOR is responsible for assuring that sub-recipients also comply with Title VI and all of the applicable authorities covered in this assurance.
City Council 21 – 29 10/1/2024
EXHIBIT 4
Construction Contract 746,929.00 $
Contract Administration, Inspection and Testing 62,038.00 $ Contingencies 74,693.00 $
TOTAL ESTIMATED CONSTRUCTION COSTS $ 883,660.00
CONSTRUCTION OF PROJECT NO. 22-1358: Santa Ana Wellness Plaza
COST ANALYSIS
City Council 21 – 30 10/1/2024
MAYOR
Valerie Amezcua
MAYOR PRO TEM
Thai Viet Phan
COUNCILMEMBERS
Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Benjamin Vazquez PUBLIC WORKS AGENCY
20 Civic Center Plaza (M-36)
P.O. BOX 1988 • Santa Ana, California 92702
(714) 647-5690 • Fax (714) 647-5823
www.santa-ana.org
NOTICE OF EXEMPTION
INTERIM CITY MANAGER
Alvaro Nu'\ez
CITY ATTORNEY
Sonia R. Carvalho
CLERK OF THE COUNCIL
Jennifer L. Hall
From the Requirements of the California Environmental Quality Act (CEQA) Fee Exemption per California Government Code Section 6103 To: COUNTY CLERK
County of Orange
P.O. Box 238
Santa Ana, CA 92702
Project Title:
Project Number(s):
Civic Center Wellness Plaza
2425
Project Location:
City: Santa Ana
Civic Center
County: Orange ER Number: ER-2024-66
From: City of Santa Ana
Public Works Agency
20 Civic Center Plaza (M-36)
Santa Ana, CA 92702
Date of Approval: 09/17/2024
Project Description: Project involves renovation of an existing courtyard area which will include upgrades to existing hardscape, landscape, irrigation, lighting and site furnishings.
Applicant Name:
Applicant Address:
City of Santa Ana, Public Works Agency
20 Civic Center Plaza M-36
Santa Ana, CA 92702
Name of Public Agency Approving Project
Name of Agency Carrying Out Project:
Exempt Status:
□ Ministerial (Sec. 15268)
□ Declared Emergency (Sec. 15269 (a))
City Council
Public Works Agency
D Emergency Project (Sec. 15269 (b through e))
□ General Rule (Sec. 15061 (b )(3)/(5))
□ Statutory Exemption:
0 Categorical Exemption: 15301 a
Reason(s) Why Project is Exempt From CEQA:
15301a involves minor alteration to existing public facility City Contact: Suzi Furjanic
Signature: 3/='� �
Title: Acting Park Planning Mgr
SANTA ANA CITY COUNCIL
Telephone: (714) 571-4241
Date: ro-i-r
Valerie Amezcua
Mayor
[email protected]
Thai Viet Phan Jessie Lopez ! Benjamin Vazquez Phil Bacerra : Johnathan Ryan Hernandez David Penaloza Mayor Pro Tern, Ward 1 Ward 3
tohan@santa•ana ora iessielooez@santa--aoa om
: Ward2 Ward4 : Wards , Ward6
�vazauez@santa-ana orq [email protected]:[email protected]:dPenaloza@santa-ana org City Council 21 – 31 10/1/2024
CITY OF SANTA ANA FY 24/25CIP
CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:
Transform the City of Santa Ana Courtyard outside of City Hall into an ADA compliant Public Health Plaza. The project will include ADA enhancements including new pavement and ADA compliant public restrooms.
PROJECT NEED:
The outdoor Public Health Plaza will be utilized for a variety of purposes, including but not limited to the following: host COVID-19 vaccination clinics; staging area for COVID testing; space for health, wellness programming and training; public communication efforts; community gatherings and meeting space. The Public Health Plaza is located in a HUD designated Qualified Census Tract and is Walking distance to several disadvantaged communities.
PROJECT TITLE:
Civic Center Public Health Plaza
PROJECT CATEGORY:
City & Park Facility Improvements
Facility
LOCATION MAP
AGENCY: DIVISION: DATE:
Public Works CIP Engineering
CONTACT:
Sean Thomas, Principal Civil Engineer 17-Sep-2024
PROJECT COSTS FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 Construction 746,928 - - - - - -
Contingency 74,693 - - - - - -
Engineering 62,039 - - - - - -
TOTAL 883,660 - - - - - -
SOURCE OF FUNDS FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 ARPA Funds 883,660 - - - - - -
TOTAL 883,660 - - - - - -
EXHIBIT 6
City Council 21 – 32 10/1/2024
Public Works Agency
www.santa-ana.org/public-works
Item # 22
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 1, 2024
TOPIC: Traffic Signal Installation at Segerstrom Avenue and Spruce Street
AGENDA TITLE
Construction Contract with Elecnor Belco Electric, Inc. for the Traffic Signal Installation at Segerstrom Avenue and Spruce Street Project (Project No. 24-6045) (General and Non-General Fund)
RECOMMENDED ACTION
1. Approve an appropriation adjustment recognizing $132,134 in the New Transportation System Improvements Area E, Prior Year Carry Forward revenue account (No. 03417002-50001) and appropriate the same amount into the New Transportation System Improvements Area E, Improvements Other Than Buildings expenditure account (No. 03417660-66220). (Requires five affirmative votes)
2. Approve an amendment to the FY 2024-25 Capital Improvement Program to include $132,134 in construction funding from the Transportation System Improvement Area E account for the Traffic Signal Installation at Segerstrom Avenue and Spruce Street Project (No. 24-6045).
3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $803,348, which includes $642,628 for the construction contract; $96,395 for contract administration, inspection, and testing; and a $64,325 project contingency for unanticipated or unforeseen work.
4. Award a construction contract to Elecnor Belco Electric, Inc., the lowest responsible bidder, in accordance with the base bid and bid alternates in the amount of $642,628, subject to change orders, for construction of the Traffic Signal Installation at Segerstrom Avenue and Spruce Street Project (No. 24- 6045), for a term beginning October 1, 2024 and ending upon project completion, and authorize the City Manager to execute the contract.
5. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2024-64 was filled for Project No. 24-6045.
City Council 22 – 1 10/1/2024
Traffic Signal Installation at Segerstrom Avenue and Spruce Street October 1, 2024
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
The Public Works Agency (PWA)’s Engineering Services is responsible for the administration and oversight of all Capital Improvement Projects. PWA received $675,000 in General Fund dollars for traffic safety improvements at the intersection of Segerstrom Avenue and Spruce Street.
This traffic safety project will install a new traffic signal at the intersection of Segerstrom Avenue and Spruce Street (Exhibit 1) to enhance safety and increase mobility for those crossing at the intersection. The improvements will provide protected vehicular and pedestrian movements to help eliminate conflicting movements and improve traffic flow for motorists and pedestrians when traversing the intersection. Additionally, high visibility crosswalks with audible pedestrian signals will be installed to enhance visibility of crossing pedestrians and bicyclists at the intersection. The scope of work includes installation of the new traffic signal poles, conduit, wiring, fiber optic cable, video detection system, and signage and striping.
Staff requests City Council approval for the reallocation of $132,134 in unspent Transportation System Improvement Area E funds needed to complete the total project funding requirement. Upon approval of the requested reallocation of funds, the total funds available for construction will be $803,348, which is composed of $671,214 in General Fund and $132,134 in Transportation System Improvement Area E funds.
A copy of construction plans, contracts, specifications and all related reference materials (such as The Greenbook) are available for public review at the City’s Public Works Agency, Central Files office located in City Hall.
Public Outreach and Contractor Participation
To provide an opportunity for local vendors to submit bids, the City notified a total of 35 regional vendors via PlanetBids, many of which are Santa Ana based. A total of four bids were received. No bids were received from any Santa Ana contractors.
As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on June 26, 2024 and June 28, 2024. The project was also advertised in PlanetBids on June 25, 2024. Bids were received electronically via PlanetBids and opened on July 17, 2024. Bids are valid until November 6, 2024. No bid protest was submitted by any of the bidders during the bid protest period.
City Council 22 – 2 10/1/2024
Traffic Signal Installation at Segerstrom Avenue and Spruce Street October 1, 2024
Bid Results Summary
Rank Bidder’s Name Location Base Bid
Base Bid +
Add
Alternate
Bid
1 Elecnor Belco Electric, Inc. Chino, CA $607,552 $642,628 2 Select Electric, Inc Vista, CA $641,627 $675,775
3 International Line Builders
Inc. Corona, CA $669,796 $688,509
4 Crosstown Electrical &
Data, Inc. Irwindale, CA $700,989 $732,589
A total of four bids were received and all were deemed responsive. Elecnor Belco Electric, Inc. submitted the lowest responsive bid in the amount of $562,868 (Exhibit 2).
As specified in the bid documents, the lowest bid shall be determined on the basis of the base bid. Based on the bid analysis and a contractor’s reference check, staff recommends awarding the construction contract to Elecnor Belco Electric, Inc. in the amount of the base bid and alternate bid totaling $642,628. (Exhibit 3).
Elecnor Belco Electric, Inc. has previously performed work as a prime contractor in the City of Santa Ana within the last five years, most recently completing Bristol Street and Santa Clara Avenue Traffic Signal Installation. A reference check was made with staff and good reviews were received regarding the quality of work performed by the contractor on previous projects.
Project Delivery
To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes a budget allocation for construction administration, inspection, and testing. Construction administration and inspection may be performed by either Staff or consultants and includes construction management, inspection of the Contractor’s work to ensure contract compliance, workmanship and quality, materials testing, and implementation of the labor requirements.
Any of the allocated construction administration funds not spent are considered project savings and are returned to the respective fund balance upon close out of the project.
In addition to the Construction Contract Bid Amount, Staff requests that City Council allocate and authorize a project contingency budget equal to 10% of the Contract Bid Amount. The recommended contingency budget will allow Staff to execute contract change orders in the event unexpected conditions arise or if additional work is required to effectively deliver the project.
City Council 22 – 3 10/1/2024
Traffic Signal Installation at Segerstrom Avenue and Spruce Street October 1, 2024
As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $803,348.
Project Item Total
Construction Contract Bid Amount $642,628
Construction Administration $51,088
Inspection $31,810
Testing $13,497
Project Contingencies $64,325
TOTAL ESTIMATED CONSTRUCTION DELIVERY COST $803,348
ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (CEQA), the recommended actions are exempt from further review pursuant to Section 15301(b) of the CEQA Guidelines for projects consisting of repair/maintenance of existing public facilities. The proposed project continues to meet these parameters of the CEQA Guidelines, and Categorical Exemption Environmental Review No. ER-2024-64 was filed for Project 24-6045 (Exhibit 5).
FISCAL IMPACT
As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $803,348. All funds are available for expenditure in Fiscal Year 2024-25. Any remaining balances not expended at the end of the fiscal year will be carried forward into Fiscal Year 2025-26.
The proposed contract authorizes staff a maximum of 10% in contingencies for construction contract change orders. Staff will return to the City Council for authorization and appropriation of additional contingency if necessary.
With the approval of the requested appropriation adjustment, a portion of the accumulated fund balance will be appropriated for spending in the New Transportation System Improvements Area E, Improvements Other Than Buildings Account (No. 03417660-66220). The spendable portion of the fund balance is estimated to be $1,331,631 as of June 30, 2025, which is sufficient to allow for the recommended appropriation of $132,134. The funds will be budgeted and available for this item in the accounts below (Exhibit 6).
The following table summarizes the funds budgeted for expenditure to deliver construction of this project:
City Council 22 – 4 10/1/2024
Traffic Signal Installation at Segerstrom Avenue and Spruce Street October 1, 2024
Fiscal
Year
Accounting
Unit - Account
No.
(Project No.)
Fund
Description
Accounting Unit,
Account No.
Description
Amount
EXISTING BUDGET
2024-25
01117620-
66220
(24-6045)
General Fund
PW-Traffic/Trans –
Service Enhancement,
Improvements Other
Than Buildings
$671,214
APPROPRIATION ADJUSTMENT
2024-25
03417660-
66220
(24-6045)
New
Transportation
System
Improvements
Area E
New Transpo Sys Impr
Area E, Improvements
Other Than Buildings
$132,134
Total $803,348
EXHIBIT(S)
1. Location Map
2. Bid Proposal
3. Construction Contract
4. Cost Analysis
5. Environmental Determination
6. CIP Project Sheet
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager
City Council 22 – 5 10/1/2024
PWA
SANTA ANA
PUBLIC WORKS AGENCY
Project No. 24-6045:
Traffic Signal Installation at Segerstrom Avenue
and Spruce Street
Exhibit 1
LEGEND:
- PROJECT LIMITS
STANDARD AVE
2ND ST
EXHIBIT 1
City Council 22 – 6 10/1/2024
EXHIBIT 2
City Council 22 – 7 10/1/2024
City Council 22 – 8 10/1/2024
City Council 22 – 9 10/1/2024
City Council 22 – 10 10/1/2024
CITY OF SANTA ANA
CONSTRUCTION CONTRACT
rev. 09/01/2017 Page 1 of 3
PROJECT NO. 24-6045 – TRAFFIC SIGNAL INSTALLATION AT SEGERSTROM AVENUE AND SPRUCE STREET This CONSTRUCTION CONTRACT is made and entered into this 1st day of October, 2024 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter “CITY”), and Elecnor Belco Electric, Inc. (hereinafter “CONTRACTOR”).
WITNESSETH:
The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows:
1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Traffic Signal Installation at Segerstrom Avenue and Spruce Street Project (hereinafter referred to as the “WORK OF IMPROVEMENT”) identified in and in accordance with the Contract Documents prepared by the City’s Public Works Agency and approved by the City Council.
2. The complete Construction Contract consists of the “Contract Documents” as defined by the Standard Specifications for Public Works Construction and which include the following:
Notice Inviting Bids
Information to Bidders
Bid Proposal
Bid Bond
Contract Form
Contract Bonds
General Provisions
Special Provisions
Technical Provisions and Project Plans
Community Workforce Agreement
Appendices
In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction.
3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Six Hundred Forty Two Thousand Six Hundred Twenty Eight Dollars and Zero Cents ($642,628.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit “A,” and in accordance with Section 2-7.1 of the Greenbook: Standard Specifications for Public Works Construction.
The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable.
EXHIBIT 3
City Council 22 – 11 10/1/2024
4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit “A”) including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed.
5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law.
6. If applicable, the CONTRACTOR shall adhere to the CITY’S Community Workforce Agreement (CWA), a pre-hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City’s website at: http://www.santa-ana.org/pwa/documents/CWA.pdf
7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY.
8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price.
9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker’s Compensation Insurance as outlined in the General Provisions, to be approved by the CITY.
10. INDEMNIFICATION.
To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney’s fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following:
(i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier;
(ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; City Council 22 – 12 10/1/2024
(iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties;
(iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement.
(vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR.
Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee.
IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written.
ATTEST: CITY OF SANTA ANA
ALVARO NUÑEZ
City Manager
CONTRACTOR:
Elecnor Belco Electric, Inc.
NAME:
TITLE:
JENNIFER L. HALL
City Clerk
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
-oQatKaQ 7 0artLQe]
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
NABIL SABA, PE
Executive Director
Public Works Agency
Alberto Garcia
President/CEO
Nabil Saba Digitally signed by Nabil Saba
Date: 2024.09.23 16:34:30
-07'00'
City Council 22 – 13 10/1/2024
Exhibit A
City Council 22 – 14 10/1/2024
City Council 22 – 15 10/1/2024
City Council 22 – 16 10/1/2024
City Council 22 – 17 10/1/2024
Construction Contract $ 642,628.00
Contract Administration 51,088.00 $
Inspection 31,810.00 $
Testing 13,49 $ 7.00
Contingencies $ 64,325.00
TOTAL ESTIMATED CONSTRUCTION COSTS $ 803,348.00
CONSTRUCTION OF PROJECT NO. 24-6045: TRAFFIC SIGNAL INSTALLAITON
AT SEGERSTROM AVENUE AND SPRUCE STREET
COST ANALYSIS
City Council 22 – 18 10/1/2024
EXHIBIT 5
City Council 22 – 19 10/1/2024
City Council 22 – 20 10/1/2024
City Council 22 – 21 10/1/2024
EXHIBIT 6
City Council 22 – 22 10/1/2024
Planning and Building Agency
www.santa-ana.org/planning-and-building
Item # 23
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 1, 2024
TOPIC: Historic Property Preservation Agreements
AGENDA TITLE
Historic Property Preservation Agreements for the Properties Located at 2620 N Flower Street, 2369 N Flower Street, 424 S Broadway, and 825 N Lacy Street
RECOMMENDED ACTION
Authorize the City Manager to execute the attached Mills Act agreements with the below-referenced property owners for the identified structure(s) (Agreement Nos. A2024-XXX, A-2024-XXX, A-2024-XXX and A-2024-XXX). [Includes determination that the proposed projects are exempt from further review in accordance with the California Environmental Quality Act as the following Categorical Exemptions will be filed: ER No. 2024-16, ER No. 2024-18, ER No. 2024-39, and ER No. 2024-40] Table 1: Mills Act Agreements Approved by the Historic Resources Commission (HRC) Property Owner(s)
Historic Property
Preservation
Agreement No.
Address/House Vote by HRC
Thomas M. Harris 2024-02 2620 N Flower Street 8:0:0:1 (Commissioner Escamilla absent)
Paul Gulino and Julie
Bidmead 2024-05 2369 N Flower Street 9:0:0:0
Kevin Kajikawa and
Jonathan Melendez 2024-06 424 S Broadway 8:0:0:1 (Commissioner Escamilla absent) David Bush Smith 2024-08 825 N Lacy Street 9:0:0:0
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
On July 15, 2024, the Historic Resources Commission (HRC) recommended that the City Council authorize the City Manager to execute the Mills Act agreements listed in Table 1, above, with the identified property owners for historic structure(s) in the City, subject to non-substantive changes approved by the City Manager and City Attorney.
City Council 23 – 1 10/1/2024
Historic Property Preservation Agreements
October 1, 2024
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. 2024-16 (2369 N Flower Street)
• ER No. 2024-18 (424 S Broadway)
• ER No. 2024-39 (2620 N Flower Street)
• ER No. 2024-40 (825 N Lacy Street)
FISCAL IMPACT
The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $4,162.95 annually noted below, for a period of not less than ten years.
HPPA No. Address Estimate Exhibit No.
2024-02 2620 N. Flower Street $1,269.35 1-2
2024-05 2369 N. Flower Street $675.77 3-4
2024-06 424 S. Broadway $1,005.08 5-6
2024-08 825 N. Lacy Street $1,212.75 7-8
Total for all Properties: $4,162.95
EXHIBIT(S)
1. Mills Act Agreement – 2620 N Flower Street
2. HRC Staff Report – 2620 N Flower Street
3. Mills Act Agreement – 2369 N Flower Street
4. HRC Staff Report – 2369 N Flower Street
5. Mills Act Agreement – 424 S Broadway
6. HRC Staff Report – 424 S Broadway
7. Mills Act Agreement – 825 N Lacy Street
8. HRC Staff Report – 825 N Lacy Street
Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Alvaro Nuñez, City Manager
City Council 23 – 2 10/1/2024
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Santa Ana
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Attn: City Clerk’s Office
FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383
_________________________________________________________________________
HISTORIC PROPERTY PRESERVATION AGREEMENT
This Historic Property Preservation Agreement (“Agreement”) is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as “City”), and Thomas M. Harris, an Unmarried Man, (hereinafter collectively referred to as “Owner”), owner of real property located at 2620 North Flower Street, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties.
RECITALS
A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the “Mills Act”) to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity.
B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2620 North Flower Street, Santa Ana, CA, 92706 and more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference, and hereinafter referred to as the “Historic Property.”
C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code.
D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner.
City Council 23 – 3 10/1/2024
MILLS ACT AGREEMENT
2620 North Flower Street
Santa Ana, CA 92706
- 2 -
E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code.
NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows:
1. Effective Date and Terms of Agreement.
This Agreement shall be effective and commence on October 2, 2024, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below.
2. Renewal.
a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein.
b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party.
Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein.
c. Within 30 days from receipt of City’s notice of nonrenewal, the Owner may file a written protest of City’s decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply.
3. Standards and Conditions for Historic Property.
During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions:
a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its characterdefining features described in the “Historical Property Description” attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City.
City Council 23 – 4 10/1/2024
MILLS ACT AGREEMENT
2620 North Flower Street
Santa Ana, CA 92706
- 3 -
b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior’s Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition.
c. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior’s Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner’s compliance with the terms and provisions of this Agreement. f. Owner shall implement the rehabilitation and restoration work items as discussed in detail in Exhibit D, “Proposed Structure Improvements” and the City Council Historic Property Preservation Agreement (HPPA No. 2024-02) staff report dated July 15, 2024. All work items shall be completed within the first ten years of the Mills Act Agreement. Proof of completion, as requested by the City of Santa Ana, will be required in order to satisfy and maintain the Mills Act Agreement. Staff approval is required before items are amended or removed/replaced from the improvements list.
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 City Council 23 – 5 10/1/2024
MILLS ACT AGREEMENT
2620 North Flower Street
Santa Ana, CA 92706
- 4 -
Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 ½) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement.
b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288.
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.
City Council 23 – 6 10/1/2024
MILLS ACT AGREEMENT
2620 North Flower Street
Santa Ana, CA 92706
- 5 -
7. Binding effect of Agreement.
a. Owner hereby subjects the Historic Property, located at 2620 N Flower Street, Assessor Parcel Number, 001-244-19, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner’s successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument.
c. This property is listed in the Santa Ana Register of Historical Properties (Register). In any real property transaction, the owner of this property or the owner’s representative shall provide the buyer of this property with notice that the property is listed on the City’s historic Register.
8. No Compensation.
Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property.
9. Notice.
Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto.
City: City of Santa Ana
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Attn: City Clerk’s Office
Owners: Thomas M. Harris
2620 North Flower Street
Santa Ana, CA 92706
City Council 23 – 7 10/1/2024
MILLS ACT AGREEMENT
2620 North Flower Street
Santa Ana, CA 92706
- 6 -
10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise.
b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney’s fees to be fixed by the court, in addition to court costs and other relief ordered by the court.
f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby.
g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County.
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.
City Council 23 – 8 10/1/2024
MILLS ACT AGREEMENT
2620 North Flower Street
Santa Ana, CA 92706
- 7 -
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 23 – 9 10/1/2024
MILLS ACT AGREEMENT
2620 North Flower Street
Santa Ana, CA 92706
- 8 -
ATTEST: CITY OF SANTA ANA
________________________ _________________________
JENNIFER L. HALL ALVARO NUÑEZ
City Clerk City Manager
OWNER
Date: ______________________ By:_________________________ THOMAS M. HARRIS
APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL:
SONIA CARVALHO
City Attorney
By: _____________________ _____________________
BRANDON SALVATIERRA MINH THAI
Deputy City Attorney Executive Director
Planning and Building Agency
City Council 23 – 10 10/1/2024
MILLS ACT AGREEMENT
2620 North Flower Street
Santa Ana, CA 92706
- 9 -
EXHIBIT A
LEGAL DESCRIPTION
REAL PROPERTY IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 10 OF THE POTTS, BORDEN AND SIDWELL TRACT, IN THE
CITY OF SANTA ANA COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4, PAGE 624 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EAST LINE OF SAID LOT 10, BEING THE CENTER LINE OF FLOWER STREET AS SHOWN ON THE MAP OF TRACT NO. 1824, RECORDED IN BOOK 53, PAGES 10 AND 11 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA, WITH THE EASTERLY PROLONGATION OF THE SOUTH LINE OF LOT 63 OF SAID TRACT NO. 1824; THENCE WEST 165.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 63; THENCE SOUTH 1° 02' 00" WEST ALONG THE EASTERLY LINE OF SAID TRACT NO. 1824 TO THE
NORTHWEST CORNER OF LAND DESCRIBED IN DEED TO PARK LANE ESTATES, A CALIFORNIA CORPORATION, RECORDED OCTOBER 23, 1953 IN BOOK 2600, PAGE 283 OF OFFICIAL RECORDS; THENCE SOUTH 89° 53' 26" EAST 165.00 FEET ALONG
THE NORTH LINE OF SAID LAND OF PARK LANE ESTATES TO THE EAST LINE OF SAID LOT 10; THENCE NORTH 1° 02' 00" EAST TO THE POINT OF BEGINNING.
EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE OF SAID
PROPERTY, BUT WITH NO RIGHT OF SURFACE ENTRY, AS PROVIDED IN DEEDS OF RECORD.
Assessor’s Parcel Number: 001-244-19
City Council 23 – 11 10/1/2024
EXECUTIVE SUMMARY
MILLER-TAYLOR HOUSE
2620 North Flower Street
Santa Ana, CA 92706
NAME Miller-Taylor House REF. NO.
ADDRESS 2620 North Flower Street
CITY Santa Ana ZIP 92706 ORANGE COUNTY
YEAR BUILT 1917 LOCAL REGISTER CATEGORY: Key
HISTORIC DISTRICT N/A NEIGHBORHOOD Morrison/Eldridge Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 5S1 Location: Not for Publication Unrestricted
Prehistoric Historic Both
ARCHITECTURAL STYLE: Craftsman Bungalow
Closely related to the English Arts and Crafts Movement, American Bungalow/Craftsman architecture was popularized by The Craftsman magazine and architects such as Charles and Henry Greene of Pasadena. It drew from the wood building traditions of Japan and Switzerland as well as the medieval themes favored by the Arts and Crafts philosophers. Craftsman architecture stressed honesty of form, materials, and workmanship, eschewing applied decoration in favor of the straightforward expression of structure. A new appreciation of nature was evident in horizontal lines that reached out to embrace the landscape and the incorporation of capacious porches into building plans. Primarily a residential style, Craftsman architecture can be identified by low pitched gable and hipped roofs with exposed rafters and beams in deep overhangs; wood lap or shingle siding and an occasional use of stucco; extensive use of stone or brick as a secondary material; horizontal emphasis apparent in roof lines, headers, and battered porch supports; and broadly proportioned wood framed windows, often clustered in bands. Craftsman homes were built from circa 1902 until the early 1920s (McAlester, 453-463).
SUMMARY/CONCLUSION:
The Miller-Taylor House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Craftsman style. Additionally, the house has been categorized as “Key” because it “has a distinctive architectural style and quality” as an examp le of the Craftsman aesthetic (Municipal Code, Section 30-
2.2).
EXPLANATION OF CODES:
x 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.
x California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 5S1: Individual property that is listed or designated locally.
Exhibit B
City Council 23 – 12 10/1/2024
State of California ⎯ The Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code_____________________________________
Other Listings_____________________________________________________________________ Review Code________ Reviewer________________________ Date_______________ Page _1_ of _3_ Resource name(s) or number (assigned by recorder) Miller-Taylor House P1. Other Identifier:
*P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad TCA0067 Date:
*c. Address 2620 North Flower Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor’s Parcel Number 001-244-19 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Set slightly above street level on a property rimmed by a low concrete retaining wall, this one-story Craftsman bungalow is screened from view by dense shrubbery. A cross-gabled roof of medium pitch caps the building. Rafters with shaped tails are exposed in the eaves. Carved braces and extended bargeboards trim the gable ends. An extremely shallow, shed-roofed dormer projects from the north half of the roof. Shingles face the gable ends, while narrow clapboard covers the b ody of the house above a sill line. Tucked into the peaks of the gables, triangular vents are pierced by narrow slits accented by jigsawn arrows. Nearly obscured by vegetation, the porch is sheltered beneath the front gable, which is supported by paired, battered posts set on a brick porch railing. The front door features narrow vertical channels of beveled glass. Windows on the side elevations appear to be a combination of one-over-one double-hung sash and casements; openings on the façade are hidden by foliage. A shed-roofed projection on the north elevation may mark the location of a secondary entry. The building permit record indicates that the house is substantially intact; the property is in fair condition. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date)
East and north elevations
November 2006
*P6. Date Constructed/Age and
Sources: historic
1917/City of Santa Ana Database
*P7. Owner and Address:
Barbara M. Taylor
2620 North Flower Street
Santa Ana, CA 92706
*P8. Recorded by:
L. Heumann and D. Howell-Ardila
Sapphos Environmental, Inc.
133 Martin Alley
Pasadena, California 91105
*P9. Date Recorded:
December 1, 2006
*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 23 – 13 10/1/2024
State of California ⎯ The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________
BUILDING, STRUCTURE, AND OBJECT RECORD
*Resource Name or #: Miller-Taylor House
B1. Historic Name: Miller-Taylor House
B2. Common Name: Same
B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Craftsman Bungalow
*B6. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1917 April 29, 1933. Rebuild brick flue.
June 23, 1944. Reroof.
*B7. Moved? No Yes Unknown Date:_ Original Location: ______ *B8. Related Features:
None.
B9a. Architect: Unknown b. Builder: Unknown
*B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: Circa 1917-1956 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Miller-Taylor House is architecturally significant as an intact and representative example of a Craftsman residence and is historically notable as one of a handful of pre World War II homes in the area. It was built in 1917, according to City of Santa Ana records, making it the oldest known house in the immediate vicinity. City directories appear to confirm this date of construction. Initially listed in 1918 as located on the west side of North Flower Street, three [houses] north of Santa Clara, this was the home of Fred J. Miller, a baggageman with the Santa Fe railroad, and his wife Annie. In 1925, Fred Miller’s occupation was listed as “rancher” and his address was 2610 North Flower. This number apparently changed in 1930 to 2620, probably to accommodate the numbering of the houses built immediately to the south in the 1920s. After 1928, Mrs. Anna D.
Miller was the sole occupant listed in the directories. (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 J. Heumann
*Date of Evaluation: December 1, 2006
DPR 523B (1/95) *Required information
Sketch Map
(This space reserved for official comments.)
2620 N. Flower Street
001-244-19
City Council 23 – 14 10/1/2024
State of California ⎯ The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________
*Recorded by Leslie J. Heumann and Deborah Howell-Ardila *Date December 1, 2006 _ 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 around the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses.
The Miller-Taylor House is located in north Santa Ana, in the Morrison/Eldridge Park neighborhood. An irregularly shaped area straddling North Flower Street, Morrison/Eldridge Park is bounded by the Garden Grove (22) and the Santa Ana (5) freeways on the north and east, Sharon Road and Memory Lane on the south, and North Bristol Street on the west. With the primary exception of the 2600 block of North Flower Street, this area remained unsubdivided and presumably agricultural through World War II. According to the city directories and early maps, North Flower ended at Seventeenth Street until around 1915, when six homes were noted north of Seventeenth, including three north of Santiago Creek. By 1920, there were nine homes, including one (2610, later numbered 2620), in what would become the Morrison/Eldridge Park neighborhood. Construction of three additional homes on the 2600 block occurred between 1925 and 1930. Beginning with a handful of homes constructed on newly laid out streets in the first few years of the 1950s, the area exploded in the mid 1950s with the building of tracts of homes in the California Ranch style. Home building in the neighborhood tapered off in the 1960s and ended around 1972.
The Miller-Taylor House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Craftsman style. Typical Craftsman features illustrated by the house include its cross-gabled roof configuration; decorative use of exposed structural and functional elements such as beams, rafters, and vents; and incorporation of a deep front porch and a dormer into the design. Additionally, the house has been categorized as “Key” because it “has a distinctive architectural style and quality” as an example of the Craftsman bungalow. Character-defining exterior features of the Miller-Taylor House that should be preserved include, but may not be limited to, materials and finishes (clapboard, shingles); roof configuration and detailing; massing; original windows and doors and their surrounds where extant; porch configuration and detailing, entry; and architectural details such as beams, rafters and bargeboards with shaped tails, porch posts, and vents. *B12. References (continued):
Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998.
Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994.
McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984.
National Register Bulletin 16A. “How to Complete the National Register Registration Form.” Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991.
Office of Historic Preservation. “Instructions for Recording Historical Resources.” Sacramento: March 1995.
Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969.
Orange County Plat Maps, 1912.
Thomas Brothers Maps of Orange County, 1957, 1964, and 1969.
Santa Ana and Orange County Directories, 1905-1962.
City Council 23 – 15 10/1/2024
MILLS ACT AGREEMENT
2620 North Flower Street
Santa Ana, CA 92706
- 1 -
Exhibit C
Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S.
Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings, as follows:
1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose.
2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.
3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.
4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment.
These changes may have acquired significance in their own right, and this significance shall be recognized and respected.
5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity.
6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures.
7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.
8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project.
9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with City Council 23 – 16 10/1/2024
MILLS ACT AGREEMENT
2620 North Flower Street
Santa Ana, CA 92706
- 2 -
size, scale, color, material and character of the property, neighborhood, or environment.
10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired.
City Council 23 – 17 10/1/2024
Exhibit D: Proposed Structure Improvements (“Work Plan”) 2620 North Flower Street
Item Year Improvement
1 2024 Driveway resurfacing
2 2025 Construct era-appropriate two-car detached garage 3 2025 Restore the porch’s front (east) and south (side) porch elevation to original based on historic photos
4 2026 Remove non-original stained glass window at south façade and replace with compatible window
5 2027 Inspect all original windows and framing. Ensure windows are in proper working order and in good condition. Repair as needed. Replace only if necessary if repair is not feasible.
City Council 23 – 18 10/1/2024
Planning and Building Agency
Item # d
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Historic Resources Commission Staff Report
July 15, 2024 – Special Meeting
Topic: HPPA No. 2024-02 – The Miller-Taylor House (2620 N. Flower Street)
RECOMMENDED ACTION
Recommend that the City Council authorize the City Manager and City Clerk to execute a Historic Property Preservation Agreement (Mills Act) with Thomas M. Harris for the property located at 2620 North Flower Street, subject to non-substantive changes approved by the City Manager and City Attorney (Exhibit 1).
EXECUTIVE SUMMARY
Thomas M. Harris is requesting approval to execute a Mills Act Agreement with the City of Santa Ana at an existing residence located at 2620 North Flower Street that is currently listed on the Santa Ana Register of Historical Properties.
DISCUSSION
Project Location and Site Description
The subject property, known as the Miller-Taylor House, consists of an existing one-story residence that reflects the Craftsman style, and is approximately 1,414 square feet in size on a 9,750-square-foot residential lot (Exhibit 2). The Miller-Taylor House was added to the Santa Ana Register of Historical Properties (“Register”) in 2007, 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 Key, making it eligible for a Mills Act Agreement. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner’s voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property’s assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include:
City Council 23 – 19 10/1/2024
HPPA No. 2024-08 – The Miller-Taylor House (2620 North Flower Street) July 15, 2024
• 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 2007, the Historic Resources Commission placed the Miller-Taylor House on the Register and within the “Key” category for its distinguishing characteristics of the Craftsman style. Character-defining exterior features of the Miller-Taylor House that should be preserved include, but may not be limited to: materials and finishes (clapboard, shingles); roof configuration and detailing; massing; original windows and doors and their surrounds where extant; [original] porch configuration and detailing, entry; and architectural details such as beams, rafters and bargeboards with shaped tails, porch posts, and vents.
Additional future improvements proposed by the homeowner during the initial ten years of the Mills Act Agreement include repaving the driveway, constructing a period-correct two-car detached garage, and restoring the porch’s front (east) and south (side) facades to original condition based on historic photographs. During staff’s site visit, the following were noted and added to the Mills Act Agreement work plan: remove the south (side) façade’s non-original stained glass window and replace with a period-correct window, and inspect all original windows and framing to ensure they are in proper working condition and repair/replace as needed. Staff will ensure that the proposed work will be done sensitively and will maintain the property’s character-defining features as part of the Mills Act Agreement for this property.
As part of the Mills Act approval process, staff will work with the applicant to ensure that a bronze plaque is installed honoring and recognizing the structure. The plaque will include the historic name, address, year built, and local historic register designation.
Lastly, the site will be subject to general maintenance and upkeep requirements including, but not limited to, replacement or restoration of damaged character-defining features, landscaping upkeep, painting, etc. These improvements will be subject to review and approval by staff. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement.
ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15331 of the CEQA Guidelines (Class 31 – Historical Resource Restoration/Rehabilitation) as these actions are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2024-39, will be filed for this project.
City Council 23 – 20 10/1/2024
HPPA No. 2024-08 – The Miller-Taylor House (2620 North Flower Street) July 15, 2024
FISCAL IMPACT
The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $1,269.35 annually, for a period of not less than ten years.
EXHIBIT(S)
1 - Mills Act Agreement
2 - 500’ Radius Map
3 - Site Photos – 2620 North Flower Street
4 – Action Minutes HRC January 4 2007 (2620 North Flower Street) 5 – Action Minutes HRC March 1 2007 (2620 North Flower Street) Submitted By:
Andrea Heywood, Associate Planner
Approved By:
Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency
City Council 23 – 21 10/1/2024
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Santa Ana
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Attn: City Clerk’s Office
FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383
_________________________________________________________________________
HISTORIC PROPERTY PRESERVATION AGREEMENT
This Historic Property Preservation Agreement (“Agreement”) is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as “City”), and Thomas M. Harris, an Unmarried Man, (hereinafter collectively referred to as “Owner”), owner of real property located at 2620 North Flower Street, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties.
RECITALS
A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the “Mills Act”) to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity.
B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2620 North Flower Street, Santa Ana, CA, 92706 and more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference, and hereinafter referred to as the “Historic Property.”
C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code.
D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner.
City Council 23 – 22 10/1/2024
MILLS ACT AGREEMENT
2620 North Flower Street
Santa Ana, CA 92706
- 2 -
E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code.
NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows:
1. Effective Date and Terms of Agreement.
This Agreement shall be effective and commence on September 18, 2024, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below.
2. Renewal.
a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein.
b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party.
Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein.
c. Within 30 days from receipt of City’s notice of nonrenewal, the Owner may file a written protest of City’s decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply.
3. Standards and Conditions for Historic Property.
During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions:
a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its characterdefining features described in the “Historical Property Description” attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City.
City Council 23 – 23 10/1/2024
MILLS ACT AGREEMENT
2620 North Flower Street
Santa Ana, CA 92706
- 3 -
b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior’s Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition.
c. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior’s Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner’s compliance with the terms and provisions of this Agreement. f. Owner shall implement the rehabilitation and restoration work items as discussed in detail in Exhibit D, “Proposed Structure Improvements” and the City Council Historic Property Preservation Agreement (HPPA No. 2024-02) staff report dated July 15, 2024. All work items shall be completed within the first ten years of the Mills Act Agreement. Proof of completion, as requested by the City of Santa Ana, will be required in order to satisfy and maintain the Mills Act Agreement. Staff approval is required before items are amended or removed/replaced from the improvements list.
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 City Council 23 – 24 10/1/2024
MILLS ACT AGREEMENT
2620 North Flower Street
Santa Ana, CA 92706
- 4 -
Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 ½) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement.
b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288.
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.
City Council 23 – 25 10/1/2024
MILLS ACT AGREEMENT
2620 North Flower Street
Santa Ana, CA 92706
- 5 -
7. Binding effect of Agreement.
a. Owner hereby subjects the Historic Property, located at 2620 N Flower Street, Assessor Parcel Number, 001-244-19, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner’s successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument.
c. This property is listed in the Santa Ana Register of Historical Properties (Register). In any real property transaction, the owner of this property or the owner’s representative shall provide the buyer of this property with notice that the property is listed on the City’s historic Register.
8. No Compensation.
Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property.
9. Notice.
Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto.
City: City of Santa Ana
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Attn: City Clerk’s Office
Owners: Thomas M. Harris
2620 North Flower Street
Santa Ana, CA 92706
City Council 23 – 26 10/1/2024
MILLS ACT AGREEMENT
2620 North Flower Street
Santa Ana, CA 92706
- 6 -
10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise.
b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney’s fees to be fixed by the court, in addition to court costs and other relief ordered by the court.
f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby.
g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County.
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.
City Council 23 – 27 10/1/2024
MILLS ACT AGREEMENT
2620 North Flower Street
Santa Ana, CA 92706
- 7 -
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 23 – 28 10/1/2024
MILLS ACT AGREEMENT
2620 North Flower Street
Santa Ana, CA 92706
- 8 -
ATTEST: CITY OF SANTA ANA
________________________ _________________________
JENNIFER L. HALL ALVARO NUÑEZ
City Clerk Acting City Manager
OWNER
Date: ______________________ By:_________________________ THOMAS M. HARRIS
APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL:
SONIA CARVALHO
City Attorney
By: _____________________ _____________________
BRANDON SALVATIERRA MINH THAI
Deputy City Attorney Executive Director
Planning and Building Agency
City Council 23 – 29 10/1/2024
MILLS ACT AGREEMENT
2620 North Flower Street
Santa Ana, CA 92706
- 9 -
EXHIBIT A
LEGAL DESCRIPTION
REAL PROPERTY IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 10 OF THE POTTS, BORDEN AND SIDWELL TRACT, IN THE
CITY OF SANTA ANA COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4, PAGE 624 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EAST LINE OF SAID LOT 10, BEING THE CENTER LINE OF FLOWER STREET AS SHOWN ON THE MAP OF TRACT NO. 1824, RECORDED IN BOOK 53, PAGES 10 AND 11 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA, WITH THE EASTERLY PROLONGATION OF THE SOUTH LINE OF LOT 63 OF SAID TRACT NO. 1824; THENCE WEST 165.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 63; THENCE SOUTH 1° 02' 00" WEST ALONG THE EASTERLY LINE OF SAID TRACT NO. 1824 TO THE
NORTHWEST CORNER OF LAND DESCRIBED IN DEED TO PARK LANE ESTATES, A CALIFORNIA CORPORATION, RECORDED OCTOBER 23, 1953 IN BOOK 2600, PAGE 283 OF OFFICIAL RECORDS; THENCE SOUTH 89° 53' 26" EAST 165.00 FEET ALONG
THE NORTH LINE OF SAID LAND OF PARK LANE ESTATES TO THE EAST LINE OF SAID LOT 10; THENCE NORTH 1° 02' 00" EAST TO THE POINT OF BEGINNING.
EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE OF SAID
PROPERTY, BUT WITH NO RIGHT OF SURFACE ENTRY, AS PROVIDED IN DEEDS OF RECORD.
Assessor’s Parcel Number: 001-244-19
City Council 23 – 30 10/1/2024
P L A N N I N G AND B U I L D I N G A G E N C Y
HPPA-2024-02
2620 NORTH FLOWER STREET
MILLER-TAYLOR HOUSE
SITE
500’ RADIUS
City Council 23 – 31 10/1/2024
HPPA-2024-02
The Miller-Taylor House
2620 North Flower Street
SITE PHOTOS
EXHIBIT 3
City Council 23 – 32 10/1/2024
ACTION MINUTES OF THE
ACTION MINUTES OF THE
HISTORIC RESOURCES COMMISSION
OF THE CITY OF SANTA ANA
CITY HALL COUNCIL CHAMBERS
22 CIVIC CENTER PLAZA
JANUARY 4, 2007
CALLED TO ORDER 4:33 P.M.
ATTENDANCE: COMMISSIONERS PRESENT:
Alfonso Bustamante
Philip Chinn
Paul Cook-Giles, Chairman
Rita Corpin
Tom Lutz
Michael Macres
Phillip Schaefer, Vice Chiair
Michael Seeley
COMMISSIONERS ABSENT:
BlairO'Callaghan
STAFF PRESENT: Kylee Otto, Assistant City Attorney
Sergio Klotz, Senior Planner
Martha Ramirez, Recording Secretary
PLEDGE OF ALLEGIANCE TO THE FLAG -CHAIR COOK-GILES
CONSENT CALENDAR
MOTION: Approve the staff recommendations on the following Consent Calendar.
MOTION: Macres SECOND: Lutz
VOTE: AYES: Bustamante, Chinn, Cook-Giles, Corpin, Lutz, Macres, Schaefer, Seeley (8)
NOES: None (0)
ABSENT: O'Callaghan (1)
ABSTAIN: None (0)
A. Minutes
RECOMMENDATION:
Approve minutes of the regular meeting of December 7, 2006.
B. Commission Secretary Resort
RECOMMENDATION:
Instruct the Commission Secretary to enter into the minutes that pursuant to the Brown Act, the December 7, 2006 Agenda for the Regular Meeting was posted on the door of the City Hall Council Chambers at 22 Civic Center Plaza on November 30, 2006 at 3:38 p.m.
END OF CONSENT CALENDAR**
BUSINESS CALENDAR
C.
No disclosures were made.
Historic Resources Commission Minutes 1 January 4, 2007 City Council 23 – 33 10/1/2024
ennroni io w i o~ a oe
PROCEDURAL RULES
1. ii
G
PUBLIC HEARINGS
Filed by the City of Santa Ana to place and categorize the structures on the Santa Ana Register of Historical Properties.
e, w? n Tt ~s
a d 5 M
2909 North Fallbrook Drive Burns House Key
06-25/
2620 North Flower Street Miller House Contributive
06-26/
2612 North Flower Street Roehm House Contributive
06-27/
2606 North Flower Street M. W. Peterson House Contributive 06-28/
2602 North Flower Street W.F. Peterson House Contributive 06-29/
PUBLISHED IN THE ORANGE COUNTY REPORTER: December 22, 2006 PUBLICLY NOTICED: December 21, 2006
RECOMMENDATION:
1. Adopt a resolution approving Historic Resources Commission Application No. 2006-25 and Historic Register Categorization No. 2006-25.
2. Adopt a resolution approving Historic Resources Commission Application No. 2006-26 and Historic Register Categorization No. 2006-26.
3. Adopt a resolution approving Historic Resources Commission Application No. 2006-27 and Historic Register Categorization No. 2006-27.
4. Adopt a resolution approving Historic Resources Commission Application No. 2006-28 and Historic Register Categorization No. 2006-28.
5. Adopt a resolution approving Historic Resources Commission Application No. 2006-29 and Historic Register Categorization No. 2006-29.
Associate Planner Nally Soboleske provided the staff report and recommendation. She stated that the applicant for the property at 2909 Fallbrook requested atwo-month continuance (March 1, 2007).
Commissioner Seeley commented on the front windows at the M. W. Peterson House (2606 North Flower Street). Architectural Historian Leslie Neumann stated that although one of the windows was not original to the house, it had been in place for more than 50 years.
The public hearing was opened.
Barbara Taylor requested a continuance for 2620 North Flower Street. She also provided some historical information on the original owners. Chairman CookGiles recommended changing the name of the structure to Miller-Taylor House.
Ms. Neumann provided research information reg rding the built date and the address number change for 2620 North FlowerStr~et.
Vice Chair Schaefer commented on earthquake damage sustained at 2612 North Flower Street.
The public hearing was closed.
Historic Resources Commission Minutes 2 January 4, 2007 City Council 23 – 34 10/1/2024
City Council 23 – 35 10/1/2024
4. Historic Resources Commission Comments
Commissioner Macres
Requested an update on the Twist-Basler House, specifically the door replacement and relocation of the McNeil-Basler House. Ms. Soboleske provided information.
Commissioner Lutz
Requested an update at the March 1, 2007 rrneeting regarding the Maharajah House (styrofoam cornice) located at 2221 North Heliotrope.
Provided copies for distribution of the Spurgeon Building restoration and dedication document dated May 16, 1996.
Vice Chair Schaefer
Commented on the increase of graffiti citywide; encouraged staff to follow up with the Public Works Agency.
Commissioner Seeley
No comments
Commissioner Corpin
Commented on the efforts of the Public Works Agency to remove graffiti within her area.
Commissioner Chinn
Suggested obtaining funds to assist with rest ration efforts, specifically paint. Praised city staff for their good workon~the porch for the house or Spurgeon Street in French Park.
Inquired about the educational requirement for Historic Commissioner qualifications to meet the Certified Local Government designation under the National Historic Preservation Act of 1966. Ms. Soboleske provided information.
Requested an update on the McNeil-Basler House relocation. Ms.
Soboleske provided information.
Commissioner Bustamante
No comments.
Chair Cook-Giles
Commented on Planning Commission/CityC¢ suncil' upcoming request on variance to expand square footage of a house in French Park; indicated property already exceeds city's standards. Encouraged everyone to express their concerns regarding "mansionization".
5. Excuse of Absences
Commissioner Schaefer made a motion to excuse the absence of Commissioner O'Callaghan. Motion was seconded by Commissioner Macres and unanimously approved by the Commission.
6. Adjournment 5:13 p.m.
Martha Ramirez, Recor i g Secre
Historic Resources Commission Minutes 4 January 4, 2007 City Council 23 – 36 10/1/2024
ACTION MINUTES OF THE
un~~e~.~ ~~ n.. ~e~~w~uuunn~~
ACTION MINUTES OF THE
HISTORIC RESOURCES COMMISSION
OF THE CITY OF SANTA ANA
CITY HALL COUNCIL CHAMBERS
22 CIVIC CENTER PLAZA
MARCH 1, 2007
1 CALLED TO ORDER 4:30 P.M.
ATTENDANCE: COMMISSIONERS PRESENT:
Alfonso Bustamante
Jeff Dickman
BlairO'Callaghan
Donald Rogers
Phillip Schaefer, Vice Chair
Michael Seeley
COMMISSIONERS ABSENT:
Philip Chinn
Michael Macres
STAFF PRESENT: Jay Trevino, Ex. Dir. Plan. & Bldg. Agency Karen Haluza, Planning Manager
Kylee Otto, Assistant City Attorney
Sergio Klotz, Associate Planner
Martha Ramirez, Recording Secretary
PLEDGE OF ALLEGIANCE TO THE FLAG -VICE CHAll2 SCHAEFER
CONSENT CALENDAR
MOTION: Approve the staff recommendations on the following Consent Calendar.
MOTION: Schaeffer
VOTE: AYES:
NOES:
ABSENT:
ABSTAIN
A. Minutes
RECOMMENDATION:
SECOND: Seeley
Bustamante, Dickman, Rogers, Schaefer, Seeley (5)
None (0)
Chinn, Macres (2)
O'Callaghan (1)
Approve minutes of the regular meeting of January 4, 2007.
CommissionerO'Callaghan abstained from the Minutes of January 4, 2007.
B. Commission Secretary Report
RECOMMENDATION:
Instruct the Commission Secretary to enter into the minutes that pursuant to the Brown Act, the February 1, 2007 Cancellation Notice for the Regular Meeting was posted on the door of the City Hall Council Chambers at 22 Civic Center Plaza on January 25, 2007 at 1:23 p.m.
Instruct the Commission Secretary to enter into the minutes that pursuant to the Brown Act, the January 4, 2007 Agenda for the Regular Meeting was posted on the door of the City Hall Council Chambers at 22 Civic Center Plaza on December 28, 2006 at 1:52 p.m.
END OF CONSENT CALENDAR**
Historic Resources Commission Minutes 1 March 1, 2007
City Council 23 – 37 10/1/2024
BUSINESS CALENDAR
D.
CommissionerO'Callaghan abstained from Item 2 regarding the property located at 2126 North Ross.
E.
Historic Resources Commissioners Donald Rogers, Alfonso Bustamante, and BlairO'Callaghan were appointed to the Ad Hoc Committee for the 2007 Historic Preservation Awards.
PROCEDURAL RULES
PUBLIC HEARINGS
1. 2006-21i
Continued by the Historic Resources Commission: January 4, 2007 to March 1, 2007) PUBLISHED IN THE ORANGE COUNTY REPORTER: February 16, 2007 PUBLICLY NOTICED: February 16, 2007
Categorization changed from Contributive to Key for 2620 North Flower Street; item was renoticed.
RECOMMENDATION
1. Adopt a resolution approving Historic Resources Commission Application No. 2006-25 and Historic Register Categorization No. 2006-25.
2. Adopt a resolution approving Historic Resources Commission Application No. 2006-26 and Historic Register Categorization No. 2006-26.
Associate Planner Hally Soboleske
recommendation.
The public hearing was opened.
No one spoke during the public hearing.
1 The public hearing was closed.
provided the staff report and
MOTION:
1. Adopt a resolution approving Historic Resources Commission Application No. 2006-25 and Historic Register Categorization No. 2006-25.
2. Adopt a resolution approving Historic Resources Commission Application No. 2006-26 and Historic Register Categorization No. 2006-26.
Commission Minutes 2 March 1, 2007
Filed by the City of Santa Ana to place and categorize the structures on the Santa Ana Register of Historical Properties.
City Council 23 – 38 10/1/2024
MOTION:
VOTE:
Seeley SECOND: Bustamante
AYES: Bustamante, Dickman, O'Callaghan, Rogers, Schaefer, Seeley (6)
NOES: None (0)
ABSENT: Chinn, Macres (2)
ABSTAIN: None (0)
2. IrkLJI
2007-01 THROUGH 2007-05
Filed by the City of Santa Ana to place and categorize the structures on the Santa Ana Register of Historical Properties.
STRUCTUR RECOMMENDED
ADDRESS NAME. CATEGORY
2126 North Ross Street MacKay House Contributive
07-101107-
2309 North Flower Street Clyde A. Martin House Contributive 07-02/
2415 North Poinsettia Street Dixon House Contributive
07-303107-
919 West Camile Street Brooks House Contributive
07-04/)
1015 West Camile Street Evans House Contributive
07-05/)
PUBLISHED IN THE ORANGE COUNTY REPORTER:
PUBLICLY NOTICED:
RECOMMENDATION:
February 16, 2007
February 16, 2007
1. Adopt a resolution approving Historic Resources Commission No. 2007-01 and Historic Register Categorization No. 2007-01.
2. Adopt a resolution approving Historic Resources Commission No. 2007-02 and Historic Register Categorization No. 2007-02.
3. Adopt a resolution approving Historic Resources Commission No. 2007-03 and Historic Register Categorization No. 2007-03.
4. Adopt a resolution approving Historic Resources Commission No. 2007-04 and Historic Register Categorization No. 2007-04.
5. Adopt a resolution approving Historic Resources Commission No. 2007-05 and Historic Register Categorization No. 2007-05.
Associate Planner Hally Soboleske
recommendation.
The public hearing was opened.
No one spoke during the public hearing.
The public hearing was closed.
fl MOTION:
Application
Application
Application
Application
Application
provided the staff report and
1. Adopt a resolution approving Historic Resources Commission Application No. 2007-01 and Historic Register Categorization No. 2007-01. CommissionerO'Callaghan abstained from voting.
2. Adopt a resolution approving Historic Resources Commission Application No. 2007-02 and Historic Register Categorization No. 2007-02.
Historic Resources Commission Minutes 3 March 1, 2007
City Council 23 – 39 10/1/2024
3. Adopt a resolution approving Historic Resources Commission
3. Adopt a resolution approving Historic Resources Commission Application No. 2007-03 and Historic Register Categorization No. 2007-03.
4. Adopt a resolution approving Historio Resources Commission Application No. 2007-04 and Historic Register Categorization No. 2007-04.
5. Adopt a resolution approving Historic Resources Commission Application No. 2007-05 and Historic Register Categorization No. 2007-05.
MOTION: Seeley SECOND: Bustamante
VOTE: AYES: Bustamante, Dickman, O'Callaghan', Rogers, Schaefer, Seeley (6)
NOES: None (0)
ABSENT: Chinn, Macres (2)
ABSTAIN: O'Callaghan' for 2126 North Ross (07-01/)
ITEM TAKEN OUT OF ORDER
C. SERVICE RECOGNITIONS FOR PAUL COOK-GIIrES AND RITA CORPIN Vice Chairman Schaefer issued proclamations to recognize the contributions of Paul Cook-Giles and Rita Corpin to the Historic Resources Commission.
3. HISTORIC EXTERIOR MODIFICATION APPLICATION NO. 2007-01 Filed by Citigroup, to allow an exterior modification to a historic landmark structure (Smith Tuthill Funeral Parlor) that includes the addition of an Automated Teller Machine in the rear of the building at 518 North Broadway Street.
PUBLISHED IN THE ORANGE COUNTY REPORTER: February 16, 2007 PUBLICLY NOTICED: February 16, 2007
RECOMMENDATION:
Adopt a resolution approving a Certificate of Appropriateness for Historic Exterior Modification Application No. 2007-01.
Associate Planner Hally Soboleske provided the staff report and recommendation.
The public hearing was opened. No one spoke during the public hearing. The public hearing was closed.
MOTION: Adopt a resolution approving a Certificate of Appropriateness for Historic Exterior Modification Application No. 2007-01.
MOTION: O'Callaghan SECOND: Bustamante
VOTE: AYES: Bustamante, Dickman, O'Callaghan, Rogers, Schaefer, Seeley (6)
NOES: None (0)
ABSENT: Chinn, Macres (2)
ABSTAIN: None (0)
4. Public Comments items not on the apendal
Historic Resources Commission Minutes 4 March 1, 2D07
City Council 23 – 40 10/1/2024
c~rw rr wan n~c~~ uwuc~n~wwu tore
STAFF AND COMMISSION COMMENTS
5. Staff Comments
Assistant City Attorney Kylee Otto reminded Commissioners of the April 2, 2007 deadline to submit the FPPC Form 700 to the Clerk of the Council and announced that training would be available on March 12, 2007 at the Planning Commission meeting.
Associate Planner Hally Soboleske encouraged' Commissioners to submit nominations or applications for the Historic Preservation Awards.
6. Historic Resources Commission Comments
Vice Chair Schaefer will defer the continuation of the Template Review Committee until April after the Election of Officers.
7. Excuse of Absences
Vice Chair Schaefer motioned to excuse the absences of Commissioners Chinn and Macres. The motion was seconded by CommissionerO'Callaghan and unanimously approved by the Commission.
8. Adjournment 5:33 p.m.
Martha Ramirez
Recording Secretary
fl
Historic Resources Commission Minutes 5 March 1, 2007
City Council 23 – 41 10/1/2024
EXECUTIVE SUMMARY
MILLER-TAYLOR HOUSE
2620 North Flower Street
Santa Ana, CA 92706
NAME Miller-Taylor House REF. NO.
ADDRESS 2620 North Flower Street
CITY Santa Ana ZIP 92706 ORANGE COUNTY
YEAR BUILT 1917 LOCAL REGISTER CATEGORY: Key
HISTORIC DISTRICT N/A NEIGHBORHOOD Morrison/Eldridge Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 5S1 Location: Not for Publication Unrestricted
Prehistoric Historic Both
ARCHITECTURAL STYLE: Craftsman Bungalow
Closely related to the English Arts and Crafts Movement, American Bungalow/Craftsman architecture was popularized by The Craftsman magazine and architects such as Charles and Henry Greene of Pasadena. It drew from the wood building traditions of Japan and Switzerland as well as the medieval themes favored by the Arts and Crafts philosophers. Craftsman architecture stressed honesty of form, materials, and workmanship, eschewing applied decoration in favor of the straightforward expression of structure. A new appreciation of nature was evident in horizontal lines that reached out to embrace the landscape and the incorporation of capacious porches into building plans. Primarily a residential style, Craftsman architecture can be identified by low pitched gable and hipped roofs with exposed rafters and beams in deep overhangs; wood lap or shingle siding and an occasional use of stucco; extensive use of stone or brick as a secondary material; horizontal emphasis apparent in roof lines, headers, and battered porch supports; and broadly proportioned wood framed windows, often clustered in bands. Craftsman homes were built from circa 1902 until the early 1920s (McAlester, 453-463).
SUMMARY/CONCLUSION:
The Miller-Taylor House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Craftsman style. Additionally, the house has been categorized as “Key” because it “has a distinctive architectural style and quality” as an examp le of the Craftsman aesthetic (Municipal Code, Section 30-
2.2).
EXPLANATION OF CODES:
x 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.
x California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 5S1: Individual property that is listed or designated locally.
City Council 23 – 42 10/1/2024
State of California ⎯ The Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code_____________________________________
Other Listings_____________________________________________________________________ Review Code________ Reviewer________________________ Date_______________ Page _1_ of _3_ Resource name(s) or number (assigned by recorder) Miller-Taylor House P1. Other Identifier:
*P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad TCA0067 Date:
*c. Address 2620 North Flower Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor’s Parcel Number 001-244-19 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Set slightly above street level on a property rimmed by a low concrete retaining wall, this one-story Craftsman bungalow is screened from view by dense shrubbery. A cross-gabled roof of medium pitch caps the building. Rafters with shaped tails are exposed in the eaves. Carved braces and extended bargeboards trim the gable ends. An extremely shallow, shed-roofed dormer projects from the north half of the roof. Shingles face the gable ends, while narrow clapboard covers the b ody of the house above a sill line. Tucked into the peaks of the gables, triangular vents are pierced by narrow slits accented by jigsawn arrows. Nearly obscured by vegetation, the porch is sheltered beneath the front gable, which is supported by paired, battered posts set on a brick porch railing. The front door features narrow vertical channels of beveled glass. Windows on the side elevations appear to be a combination of one-over-one double-hung sash and casements; openings on the façade are hidden by foliage. A shed-roofed projection on the north elevation may mark the location of a secondary entry. The building permit record indicates that the house is substantially intact; the property is in fair condition. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date)
East and north elevations
November 2006
*P6. Date Constructed/Age and
Sources: historic
1917/City of Santa Ana Database
*P7. Owner and Address:
Barbara M. Taylor
2620 North Flower Street
Santa Ana, CA 92706
*P8. Recorded by:
L. Heumann and D. Howell-Ardila
Sapphos Environmental, Inc.
133 Martin Alley
Pasadena, California 91105
*P9. Date Recorded:
December 1, 2006
*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 23 – 43 10/1/2024
State of California ⎯ The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________
BUILDING, STRUCTURE, AND OBJECT RECORD
*Resource Name or #: Miller-Taylor House
B1. Historic Name: Miller-Taylor House
B2. Common Name: Same
B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Craftsman Bungalow
*B6. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1917 April 29, 1933. Rebuild brick flue.
June 23, 1944. Reroof.
*B7. Moved? No Yes Unknown Date:_ Original Location: ______ *B8. Related Features:
None.
B9a. Architect: Unknown b. Builder: Unknown
*B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: Circa 1917-1956 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Miller-Taylor House is architecturally significant as an intact and representative example of a Craftsman residence and is historically notable as one of a handful of pre World War II homes in the area. It was built in 1917, according to City of Santa Ana records, making it the oldest known house in the immediate vicinity. City directories appear to confirm this date of construction. Initially listed in 1918 as located on the west side of North Flower Street, three [houses] north of Santa Clara, this was the home of Fred J. Miller, a baggageman with the Santa Fe railroad, and his wife Annie. In 1925, Fred Miller’s occupation was listed as “rancher” and his address was 2610 North Flower. This number apparently changed in 1930 to 2620, probably to accommodate the numbering of the houses built immediately to the south in the 1920s. After 1928, Mrs. Anna D.
Miller was the sole occupant listed in the directories. (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 J. Heumann
*Date of Evaluation: December 1, 2006
DPR 523B (1/95) *Required information
Sketch Map
(This space reserved for official comments.)
2620 N. Flower Street
001-244-19
City Council 23 – 44 10/1/2024
State of California ⎯ The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________
*Recorded by Leslie J. Heumann and Deborah Howell-Ardila *Date December 1, 2006 _ 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 around the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses.
The Miller-Taylor House is located in north Santa Ana, in the Morrison/Eldridge Park neighborhood. An irregularly shaped area straddling North Flower Street, Morrison/Eldridge Park is bounded by the Garden Grove (22) and the Santa Ana (5) freeways on the north and east, Sharon Road and Memory Lane on the south, and North Bristol Street on the west. With the primary exception of the 2600 block of North Flower Street, this area remained unsubdivided and presumably agricultural through World War II. According to the city directories and early maps, North Flower ended at Seventeenth Street until around 1915, when six homes were noted north of Seventeenth, including three north of Santiago Creek. By 1920, there were nine homes, including one (2610, later numbered 2620), in what would become the Morrison/Eldridge Park neighborhood. Construction of three additional homes on the 2600 block occurred between 1925 and 1930. Beginning with a handful of homes constructed on newly laid out streets in the first few years of the 1950s, the area exploded in the mid 1950s with the building of tracts of homes in the California Ranch style. Home building in the neighborhood tapered off in the 1960s and ended around 1972.
The Miller-Taylor House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Craftsman style. Typical Craftsman features illustrated by the house include its cross-gabled roof configuration; decorative use of exposed structural and functional elements such as beams, rafters, and vents; and incorporation of a deep front porch and a dormer into the design. Additionally, the house has been categorized as “Key” because it “has a distinctive architectural style and quality” as an example of the Craftsman bungalow. Character-defining exterior features of the Miller-Taylor House that should be preserved include, but may not be limited to, materials and finishes (clapboard, shingles); roof configuration and detailing; massing; original windows and doors and their surrounds where extant; porch configuration and detailing, entry; and architectural details such as beams, rafters and bargeboards with shaped tails, porch posts, and vents. *B12. References (continued):
Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998.
Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994.
McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984.
National Register Bulletin 16A. “How to Complete the National Register Registration Form.” Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991.
Office of Historic Preservation. “Instructions for Recording Historical Resources.” Sacramento: March 1995.
Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969.
Orange County Plat Maps, 1912.
Thomas Brothers Maps of Orange County, 1957, 1964, and 1969.
Santa Ana and Orange County Directories, 1905-1962.
City Council 23 – 45 10/1/2024
MILLS ACT AGREEMENT
2620 North Flower Street
Santa Ana, CA 92706
- 1 -
Exhibit C
Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S.
Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings, as follows:
1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose.
2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.
3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.
4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment.
These changes may have acquired significance in their own right, and this significance shall be recognized and respected.
5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity.
6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures.
7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.
8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project.
9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with City Council 23 – 46 10/1/2024
MILLS ACT AGREEMENT
2620 North Flower Street
Santa Ana, CA 92706
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size, scale, color, material and character of the property, neighborhood, or environment.
10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired.
City Council 23 – 47 10/1/2024
Exhibit D: Proposed Structure Improvements (“Work Plan”) 2620 North Flower Street
Item Year Improvement
1 2024 Driveway resurfacing
2 2025 Construct era-appropriate two-car detached garage 3 2025 Restore the porch’s front (east) and south (side) porch elevation to original based on historic photos
4 2026 Remove non-original stained glass window at south façade and replace with compatible window
5 2027 Inspect all original windows and framing. Ensure windows are in proper working order and in good condition. Repair as needed. Replace only if necessary if repair is not feasible.
City Council 23 – 48 10/1/2024
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Santa Ana
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Attn: Clerk of the Council
FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383
_________________________________________________________________________
HISTORIC PROPERTY PRESERVATION AGREEMENT
This Historic Property Preservation Agreement (“Agreement”) is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as “City”), and Paul J. Gulino and Julie M. Bidmead, as Co-trustees of the Gulino / Bidmead Family Trust, U/A Dated April 30, 2019 (hereinafter collectively referred to as “Owner”), owner of real property located at 2369 North Flower Street, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties.
RECITALS
A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the “Mills Act”) to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity.
B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2369 North Flower Street, Santa Ana, CA, 92706 and more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference, and hereinafter referred to as the “Historic Property.”
C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code.
D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner.
City Council 23 – 49 10/1/2024
MILLS ACT AGREEMENT
2369 North Flower Street
Santa Ana, CA 92706
- 2 -
E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code.
NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows:
1. Effective Date and Terms of Agreement.
This Agreement shall be effective and commence on October 2, 2024, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below.
2. Renewal.
a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein.
b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party.
Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein.
c. Within 30 days from receipt of City’s notice of nonrenewal, the Owner may file a written protest of City’s decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply.
3. Standards and Conditions for Historic Property.
During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions:
a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its characterdefining features described in the “Executive Summary” and “Historical Property Description” attached hereto, marked collectively as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, City Council 23 – 50 10/1/2024
MILLS ACT AGREEMENT
2369 North Flower Street
Santa Ana, CA 92706
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textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City.
b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior’s Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition.
c. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior’s Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner’s compliance with the terms and provisions of this Agreement. As part of the periodic inspection, Owner shall supply information in a format determined acceptable by the representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization information required to determine compliance with the terms of this Agreement.
f. Owner shall implement the rehabilitation and restoration work items as discussed in detail in Exhibit D, “Proposed Structure Improvements.” Repainting exterior trim; removing non-compatible gutters; replacing rear yard side door with period-appropriate door; inspecting and repairing all original wood and steel-frame windows, window panes, and window trim as needed; and replacing the main entrance doorknob and exterior light with period-appropriate pieces, with all other work items completed within the first ten years of the Mills Act Agreement.
Proof of status and completion, as requested from time to time by the City of Santa Ana, will be required in order to satisfy and maintain the Mills Act Agreement. Staff approval is required before items shall be amended or removed/replaced from the improvements list.
City Council 23 – 51 10/1/2024
MILLS ACT AGREEMENT
2369 North Flower Street
Santa Ana, CA 92706
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4. Furnishing of Information.
The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement.
5. Cancellation.
a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 ½) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement.
b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288.
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.
City Council 23 – 52 10/1/2024
MILLS ACT AGREEMENT
2369 North Flower Street
Santa Ana, CA 92706
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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 2369 North Flower Street, Assessor Parcel Number, 002-072-13, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement.
b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner’s successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument.
c. This property is listed in the Santa Ana Register of Historical Properties (Register). In any real property transaction, the owner of this property or the owner’s representative shall provide the buyer of this property with notice that the property is listed on the City’s historic Register.
8. No Compensation.
Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property.
9. Notice.
Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto.
City: City of Santa Ana
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Attn: City Clerk
City Council 23 – 53 10/1/2024
MILLS ACT AGREEMENT
2369 North Flower Street
Santa Ana, CA 92706
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Owners: Paul Gulino and Julie Bidmead
2369 North Flower Street
Santa Ana, CA 92706
10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise.
b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney’s fees to be fixed by the court, in addition to court costs and other relief ordered by the court.
f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby.
g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County.
City Council 23 – 54 10/1/2024
MILLS ACT AGREEMENT
2369 North Flower Street
Santa Ana, CA 92706
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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 23 – 55 10/1/2024
MILLS ACT AGREEMENT
2369 North Flower Street
Santa Ana, CA 92706
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ATTEST: CITY OF SANTA ANA
________________________ _________________________
JENNIFER L. HALL ALVARO NUÑEZ
City Clerk City Manager
OWNERS
Date: ___________________ By:__________________
PAUL GULINO
Date: ___________________ By:__________________
JULIE BIDMEAD
APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL:
SONIA CARVALHO
City Attorney
By: _____________________ _____________________
BRANDON SALVATIERRA MINH THAI
Deputy City Attorney Executive Director
Planning and Building Agency
City Council 23 – 56 10/1/2024
MILLS ACT AGREEMENT
2369 North Flower Street
Santa Ana, CA 92706
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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:
THAT PORTION OF THE SOUTH 10 ACRES OF LOT 4 OF POTTS, BORDEN AND
SIDEWELL TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4 PAGE 624 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTH 10 ACRES, THENCE SOUTH 179.80 FEET ALONG THE WEST LINE OF SAID LOT 4 TO THE TRUE POINT OF
BEGINNING, SAID TRUE POINT OF BEGINNING BEING THE SOUTHWEST CORNER OF THE LAND CONVEYED TO ALFRED F. MOULTON AND EDITH W. MOULTON, BY DEED RECORDED AUGUST 5, 1938 IN BOOK 945 PAGE 582, OF OFFICIAL RECORDS,
IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, THENCE SOUTH 58.00 FEET ALONG SAID WEST LINE; THENCE EAST 160.00 FEET PARALLEL WITH THE NORTH LINE OF SAID SOUTH 10 ACRES; THENCE NORTH
58.00 FEET PARALLEL WITH THE SAID WEST LINE TO THE SOUTHEAST CORNER OF SAID LAND CONVEYED TO MOULTON AND WIFE; THENCE WEST 160.00 FEET TO THE TRUE POINT OF BEGINNING.
Assessor’s Parcel Number: 002-072-13
City Council 23 – 57 10/1/2024
EXECUTIVE SUMMARY
R.S. McGuire House
2369 North Flower Street
Santa Ana, CA 92706
NAME R.S. McGuire House REF. NO.
ADDRESS 2369 North Flower Street
CITY Santa Ana ZIP 92706 ORANGE COUNTY
YEAR BUILT 1938 LOCAL REGISTER CATEGORY: Key
HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park
CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: Not for Publication Unrestricted
Prehistoric Historic Both
ARCHITECTURAL STYLE: Art Moderne
The Moderne style encompassed the Modernistic, Streamline Moderne, and Art Moderne variants. An evolution of the Art Deco style, the Streamline Moderne flourished during the 1930s and lingered through the decade following World War II in a simplified version. In contrast to the verticality of earlier Art Deco designs, the Streamline Moderne and Art Moderne substyles emphasized the horizontal, through bands of windows, use of decorative raised or incised horizontal lines, railings, flat canopies with banded fascia, and narrow coping at the roofline. Other characteristics include smooth wall surfaces, usually of stucco; metal detailing; glass block or metal multi-light casement windows; rounded corners, porthole windows, and asymmetry. Incorporation of aerodynamic, transportation related imagery, especially nautical, is a signature of the style. In common with the Streamline Moderne, Art Moderne buildings also tended to be horizontal in emphasis, but tended to be more clean-lined and rectilinear in their massing and detailing than their streamlined counterparts. Art Moderne designs can be recognized by their flat roofs, smooth stucco exteriors, and use of metal casement windows that often meet at the corners of the building.
SUMMARY/CONCLUSION:
The R.S. McGuire House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of an Art Moderne style home in Santa Ana. The recommended categorization is “Key” because it has a distinctive architectural style and quality reflective of the Art Moderne style. (Santa Ana Municipal Code, Section 30-2.2).
EXPLANATION OF CODES:
California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, “How to Nominate Resources to the California Register of Historical Resources,” September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values.
5S3: Appears to be individually eligible for local listing or designation through survey evaluation.
Exhibit B
City Council 23 – 58 10/1/2024
State of California The Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code_____________________________________
Other Listings_____________________________________________________________________ Review Code________ Reviewer________________________ Date_______________ Page _1_ of _5_ Resource name(s) or number (assigned by recorder) R.S. McGuire House P1. Other Identifier:
*P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad: Orange Quadrangle California-Orange County 7.5-Minute Series Date: 2022 *c. Address 2369 North Flower Street City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor’s Parcel Number 002-072-13 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The R.S. McGuire House is a one story, single-family, Art Moderne style residence and detached garage located on a small parcel in the Floral Park neighborhood (Figure 1). The asymmetrical residence exhibits a T-shaped plan with two primary facades facing west and south respectively. Its low-pitch hipped and gabled roof is clad in asphalt shingles with minimal overhanging eaves and exposed rafter tails. A rear addition that was added to the east façade in 1991 has curved walls and is capped with a curved roofline in asphalt shingles to match existing. The exterior of the house is clad in smooth stucco with minimal texture throughout. The primary (west) façade features a stucco-clad chimney with the upper portion clad in exposed brick. The chimney is flanked by two steel-frame, multi-pane, combination fixed-and-casement corner windows that wrap around both the north and south building corners (Figure 2). The primary façades feature two building projections that are stepped back from the front of the building. Both projections contain similar steel-frame windows that wrap around the corners (Figure 3). The main entrance, located on the primary (south) façade, is accessible by two curved concrete steps.
The entrance features a single, solid door below a curved roof awning (Figure 4). (See Continuation Sheet 3 of 5.)
*P3b. Resource Attributes: (list attributes and codes) HP2. Single-Family Residence and HP4. Ancillary building *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date)
(Figure 1) Primary (west) facade,
view east, November 2023
*P6. Date Constructed/Age and
Sources: historic
1938/ Original Building Permit
*P7. Owner and Address:
Paul Gulino and Julie Bidmead
2369 North Flower Street
Santa Ana, CA 92706
*P8. Recorded by:
Andrea Dumovich Heywood
City of Santa Ana
20 Civic Center Plaza M-20
Santa Ana, CA 92702
*P9. Date Recorded:
July 15, 2024
*P10. Survey Type:
Intensive Survey Update
*P11. Report Citation: (Cite survey
report and other sources, or enter “none”)
None
*Attachments: None Location Map Sketch Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record Other (list)
DPR 523A (1/95) *Required information
P5a. Photo
City Council 23 – 59 10/1/2024
State of California The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________
BUILDING, STRUCTURE, AND OBJECT RECORD
*Resource Name or #: R.S. McGuire House
B1. Historic Name: R.S. McGuire House
B2. Common Name: Same
B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Art Moderne
*B6. Construction History: (Construction date, alterations, and date of alterations):
August 22, 1938. Permit to construct a 6-room stucco residence and garage. $5,500.
April 3, 1941. Extend garage by owner. $200.
August 8, 1991. Remove workshop addition to garage. $200.
August 30, 1991. Add bathroom, closet, laundry, and window in master bedroom french door in tv room, reroof. $20,200.
September 13, 2019. Reroof with comp shingles. $8,500.
January 10, 2024. Install solar panels. $10,000.
*B7. Moved? No Yes Unknown Date:__________ Original location:_______ _______ *B8. Related Features: Detached garage
B9a. Architect: Unknown b. Builder: Allison Honer (contractor) *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1938 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 R.S. McGuire House is architecturally significant as an intact example of an Art Moderne style house in Santa Ana. The original building permit is dated August 22, 1938, and indicates it was built as a single-family residence and garage for ownercontractor Allison Honer for $5,500, who appears to have been affiliated with the property only during the time of the intial building permit. The original architect is unknown. City directories note that R.S. McGuire owned the property for at least 23 years, from 1939-1962. R.S. (Mac) McGuire worked for heating equipment company O'Keefe and Merritt and later was employed at Coffmans furniture-appliance store at 714 West 17th Street in Santa Ana (Santa Ana Register, March 7, 1946; Santa Ana Register, March 30, 1950). From circa 1965-1979, Douglas Geraldine occupied the building. In 1980, J Darlingfriz and Doug Friz are noted as building occupants. The 1985 Criss-Cross directories do not list the property owner. From circa 1986 to 2021, David Aeppli owned the subject property. City directories were not available from 1963-1964, 1966-1978, and 1984; directories from 1981-1983 and 1985 do not list the property owner or occupant. The present owners, Paul Gulino and Julie Bidmead, purchased the property in 2021.
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 Sheets 3 and 4)
B13. Remarks: None
*B14. Evaluator: Andrea Dumovich Heywood, City of Santa Ana. *Date of Evaluation: July 15, 2024
DPR 523B (1/95) *Required information
Sketch Map
(This space reserved for official comments.)
R.S. McGuire House
2369 N Flower Street
City Council 23 – 60 10/1/2024
State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________
*Recorded by Andrea Dumovich Heywood *Date July 15, 2024 Continuation Update DPR 523L
*P3a. Description (continued):
Additional fenestration on the south (primary) façade includes a single two-over-two double-hung wood window. The side (north) façade contains one-over-one double-hung wood windows. The rear (east) façade has single and double partially glazed pedestrian doors with horizontal muntins dividing the doors into five lights. Additional fenestration at the rear façade includes a single double-hung wood window, as well as a glass block window with two steel-frame, multi-light fixed-andcasement windows located on the curved building projection (east addition) (Figures 5 and 6).
The detached garage, located southeast of the primary residence, contains a side-gabled roof clad in asphalt shingles to match the residence (Figure 7). The paneled garage door at its primary (west) façade faces a long, paved driveway leading to North Flower Street. A single, solid pedestrian door is situated at the rear (east) façade.
Additional architectural features include a vent at the gable end of the primary (south) façade, pronounced window sill trim throughout, smooth or curved building corners, and an Art Modern style metal door knocker on the main entrance door. The property is landscaped with a front lawn, small shrubs, and medium-sized trees. *B10. Significance (continued):
The R.S. McGuire 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 1937, Roy Rodney Russell, joined his father’s firm and by 1945 it was renamed as Roy Russell and Son. 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, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2023) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens.
The R.S. McGuire House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of an Art Moderne style home in Santa Ana. Located in Floral Park, the house cost $5,500 to build in 1938. The recommended categorization is “Key” because it has a distinctive architectural style and quality reflective of the Art Moderne style (Santa Ana Municipal Code, Section 30-2.2). Character-defining features of the R.S. McGuire House include, but may not be limited to: T-shaped plan; asymmetrical primary façades at the west and south; low-pitch hipped and gabled roof; minimal roof overhang and exposed rafter tails; smooth stucco siding with minimal texture throughout; stucco-clad chimney with exposed brick near the top; steel-frame multi-pane combination fixed-and-casement corner windows that wrap around building corners; building projections that are stepped back from the front (west) portion of the building; main entrance accessible by two curved concrete steps with a single, solid door and Art Moderne style metal door knocker that is situated below a curved roof awning; double-hung wood windows; pronounced window sill trim throughout; vent at the gable end; smooth or curved building corners; detached garage; and front yard lawn with landscaping including mature trees and shrubs. *B12. References (continued):
Ancestry.com. California, Death Index, 1938-1997 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2000.
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
City Council 23 – 61 10/1/2024
State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________
*Recorded by Andrea Dumovich Heywood *Date July 15, 2024 Continuation Update DPR 523L
Newspapers.com (Santa Ana Register, The Register)
Branch, National Park Service, US Dept. of the Interior, 1991.
Office of Historic Preservation. “Instructions for Recording Historical Resources.” Sacramento: March 1995.
Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969.
Santa Ana and Orange County Directories, 1938-2008.
City Council 23 – 62 10/1/2024
State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________
*Recorded by Andrea Dumovich Heywood *Date July 15, 2024 Continuation Update DPR 523L
Additional Figures:
Figure 2. At the primary (west) façade, a steel-frame,
multi-pane, combination fixed-and-casement corner
window that wrap around the north building corner,
facing southeast.
Figure 3. The primary (south) façade showing two
stepped back building projections with steel-frame
windows, facing north.
Figure 4. The main entrance, located on the primary
(south) façade, is accessible by two curved concrete
steps and features a solid door below a curved roof
awning, facing north.
Figure 5. A glass block window at the rear (east) façade is located on the rear addition, facing north.
Figure 6. A steel-frame, multi-light fixed-and-casement window located on the curved building projection (east
addition), facing northwest.
Figure 7. The detached garage, located southeast of the primary residence, contains a side-gabled roof clad in
asphalt shingles to match the residence, facing east.
City Council 23 – 63 10/1/2024
MILLS ACT AGREEMENT
2369 North Flower Street
Santa Ana, CA 92706
- 1 -
Exhibit C
Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S.
Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings, as follows:
1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose.
2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.
3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.
4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment.
These changes may have acquired significance in their own right, and this significance shall be recognized and respected.
5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity.
6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures.
7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.
8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project.
9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with City Council 23 – 64 10/1/2024
MILLS ACT AGREEMENT
2369 North Flower Street
Santa Ana, CA 92706
- 2 -
size, scale, color, material and character of the property, neighborhood, or environment.
10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired.
City Council 23 – 65 10/1/2024
Exhibit D: Proposed Structure Improvements (“Work Plan”) 2369 North Flower Street
Item Year Improvement
1 2025 Repaint trim as needed.
2 2026 Remove non-compatible gutters. If replacing, install historically-compatible gutters.
3 2027 Replace rear yard side door with period-appropriate door . 4 2028 Inspect and repair all original wood and steel-frame windows, window panes, and window trim as needed.
5 2029 Replace main entrance doorknob and exterior light with period-appropriate doorknob and light. Note: The doorknocker shall not be removed as it is a character defining feature.
City Council 23 – 66 10/1/2024
Planning and Building Agency
Item # 1
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Historic Resources Commission Staff Report
July 15, 2024 – Special Meeting
Topic: HRCA No. 2023-29, HRC No. 2024-03, HPPA No. 2024-05 – R.S. McGuire House (2369 North Flower Street)
RECOMMENDED ACTION
1. Adopt a resolution approving Historic Resources Commission Application No. 2023-29 and Historic Register Categorization No. 2024-03 (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 Paul Gulino and Julie Bidmead, subject to non-substantive changes approved by the City Manager and City Attorney (Exhibit 2).
EXECUTIVE SUMMARY
Paul Gulino and Julie Bidmead are requesting approval to designate an existing Art Moderne style residence located at 2369 North Flower Street to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. The property qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of an Art Moderne Style house. It is worthy of “Key” categorization because it has a distinctive architectural style and quality reflective of the Art Moderne style, including its smooth stucco wall surface, asymmetrical façade, and windows located on building corners, among other features.
DISCUSSION
Project Location and Site Description
The subject property is located on the east side of North Flower Street in the Floral Park neighborhood in Santa Ana. The site contains a 1,805-square-foot, Art Moderne style residence and detached garage, on a 6,960-square-foot residential lot (Exhibit 3).
Analysis of the Issues
Historical Listing
City Council 23 – 67 10/1/2024
HRCA No. 2023-29, HRC No. 2024-03, HPPA No. 2024-05 – R.S. McGuire House (2369 North Flower Street)
July 15, 2024
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 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 86 years old and is a sound example of period architecture. No known code violations exist on record for this property.
The R.S. McGuire House is architecturally significant as an intact example of an Art Moderne style house in Santa Ana. The original building permit is dated August 22, 1938, and indicates it was built as a single-family residence and garage for owner-contractor Allison Honer for $5,500, who appears to have been affiliated with the property only during the time of the initial building permit. The original architect is unknown. City directories note that R.S. McGuire owned the property for at least 23 years, from 1939-1962. R.S. (Mac) McGuire worked for heating equipment company O'Keefe and Merritt and later was employed at Coffmans furniture-appliance store at 714 West 17th Street in Santa Ana (Santa Ana Register, March 7, 1946; Santa Ana Register, March 30, 1950). From circa 1965-1979, Douglas Geraldine occupied the building. In 1980, J Darlingfriz and Doug Friz are noted as building occupants. The 1985 Criss-Cross directories do not list the property owner. From circa 1986 to 2021, David Aeppli owned the subject property. City directories were not available from 1963-1964, 1966-1978, and 1984; directories from 1981-1983 and 1985 do not list the property owner or occupant. The present owners, Paul Gulino and Julie Bidmead, purchased the property in 2021.
The R.S. McGuire House is a one story, single-family, Art Moderne style residence and detached garage located on a small parcel in the Floral Park neighborhood. The asymmetrical residence exhibits a T-shaped plan with two primary facades facing west and south respectively. Its low-pitch hipped and gabled roof is clad in asphalt shingles with minimal overhanging eaves and exposed rafter tails. A rear addition that was added to the east façade in 1991 has curved walls and is capped with a curved roofline in asphalt shingles to match existing. The exterior of the house is clad in smooth stucco with minimal texture throughout. The primary (west) façade features a stucco-clad chimney with the upper portion clad in exposed brick. The chimney is flanked by two steel-frame, multipane, combination fixed-and-casement corner windows that wrap around both the north and south building corners. The primary façades feature two building projections that are City Council 23 – 68 10/1/2024
HRCA No. 2023-29, HRC No. 2024-03, HPPA No. 2024-05 – R.S. McGuire House (2369 North Flower Street)
July 15, 2024
stepped back from the front of the building. Both projections contain similar steel-frame windows that wrap around the corners. The main entrance, located on the primary (south) façade, is accessible by two curved concrete steps. The entrance features a single, solid door below a curved roof awning.
Additional fenestration on the south (primary) façade includes a single two-over-two double-hung wood window. The side (north) façade contains one-over-one double-hung wood windows. The rear (east) façade has single and double partially glazed pedestrian doors with horizontal muntins dividing the doors into five lights. Additional fenestration at the rear façade includes a single double-hung wood window, as well as a glass block window with two steel-frame, multi-light fixed-and-casement windows located on the curved building projection (east addition).
The detached garage, located southeast of the primary residence, contains a side-gabled roof clad in asphalt shingles to match the residence. The paneled garage door at its primary (west) façade faces a long, paved driveway leading to North Flower Street. A single, solid pedestrian door is situated at the rear (east) façade.
Additional architectural features include a vent at the gable end of the primary (south) façade, pronounced window sill trim throughout, smooth or curved building corners, and an Art Modern style metal door knocker on the main entrance door. The property is landscaped with a front lawn, small shrubs, and medium-sized trees.
Character-defining features of the R.S. McGuire House include, but may not be limited to: T-shaped plan; asymmetrical primary façades at the west and south; low-pitch hipped and gabled roof; minimal roof overhang and exposed rafter tails; smooth stucco siding with minimal texture throughout; stucco-clad chimney with exposed brick near the top; steel-frame multi-pane combination fixed-and-casement corner windows that wrap around building corners; building projections that are stepped back from the front (west) portion of the building; main entrance accessible by two curved concrete steps with a single, solid door and Art Moderne style metal door knocker that is situated below a curved roof awning; double-hung wood windows; pronounced window sill trim throughout; vent at the gable end; smooth or curved building corners; detached garage; and front yard lawn with landscaping including mature trees and shrubs. The R.S. McGuire House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of an Art Moderne style home in Santa Ana. The recommended categorization is “Key” because it has a distinctive architectural style and quality reflective of the Art Moderne style.
Mills Act Agreement
Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act City Council 23 – 69 10/1/2024
HRCA No. 2023-29, HRC No. 2024-03, HPPA No. 2024-05 – R.S. McGuire House (2369 North Flower Street)
July 15, 2024
agreements for eligible properties (Exhibit 2). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner’s voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property’s assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include:
• Long term preservation of the property and visual improvement to the neighborhood • A mechanism to provide for property rehabilitation
• Incentives for potential buyers to purchase historic structures • Discouraging 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 subject to a completion of future improvements as described in an attached Work Plan.
Overall, future improvements (Work Plan) proposed by the homeowner during the initial ten years of the Mills Act Agreement include the following: repair trim as needed. Staff also proposes the following improvements: remove non-compatible gutters; replace rear yard side door with period-appropriate door; inspect and repair all original wood and steelframe windows, window panes, and window trim as needed; and replace main entrance doorknob and exterior light with period-appropriate doorknob and light. Staff will ensure that the proposed work will be done sensitively and will maintain the property’s characterdefining features as part of the Mills Act Agreement for this property.
As part of the Mills Act approval process, staff will work with the applicant to ensure that a bronze plaque is installed honoring and recognizing the structure. The plaque will include the historic name, address, year built, and local historic register designation.
Lastly, the site will be subject to general maintenance and upkeep requirements including, but not limited to, replacement or restoration of damaged character-defining features, landscaping upkeep, painting, etc. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement to enable the Mills Act.
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.
City Council 23 – 70 10/1/2024
HRCA No. 2023-29, HRC No. 2024-03, HPPA No. 2024-05 – R.S. McGuire House (2369 North Flower Street)
July 15, 2024
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. 2024-16 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 $675.77 annually, for a period of not less than ten years.
EXHIBIT(S)
1. Resolution
2. Mills Act Agreement
3. 500-Foot Radius Map
Submitted By: Andrea Heywood, Associate Planner
Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency
City Council 23 – 71 10/1/2024
FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2024-XX
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE HISTORIC RESOURCES
COMMISSION OF THE CITY OF SANTA ANA APPROVING
HISTORIC RESOURCES COMMISSION APPLICATION NO.
2023-29 TO PLACE THE PROPERTY LOCATED AT 2369
NORTH FLOWER STREET, SANTA ANA, ON THE
HISTORICAL REGISTER AND APPROVING HISTORIC
REGISTER CATEGORIZATION NO. 2024-03 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 15, 2024, 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. 2023-29) and categorization (Historic Resources Commission Categorization No. 2024- 03) of the R.S. McGuire House located at 2369 North Flower Street, Santa Ana.
B. The R.S. McGuire House has distinctive architectural features of the Art Moderne style and was built in 1938.
C. The R.S. McGuire House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of an Art Moderne style home in Santa Ana. The house displays characteristics of the Art Moderne style through its use of smooth stucco wall surface, asymmetrical façade, and windows located on building corners; among other original features. The recommended categorization is “Key” because it has a distinctive architectural style and quality reflective of the Art Moderne style (Santa Ana Municipal Code, Section 30-2.2). Characterdefining features of the R.S. McGuire House include, but may not be limited to: T-shaped plan; asymmetrical primary façades at the west and south; low-pitch hipped and gabled roof; minimal roof overhang and exposed rafter tails; smooth stucco siding with minimal texture throughout; stucco-clad chimney with exposed brick near the top; steel-frame multi-pane combination fixed-and-casement corner windows that wrap around building corners; building projections that are stepped back from the front (west) portion of the building; main entrance accessible by two curved concrete steps with a single, solid door and Art Moderne style metal door knocker that is situated below a curved roof awning; double-hung wood windows; pronounced window sill trim throughout; vent at the gable end; smooth or City Council 23 – 72 10/1/2024
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Resolution No. 2024-XX
curved building corners; detached garage; and front yard lawn with landscaping including mature trees and shrubs.
D. The legal owners of the property are Paul J. Gulino and Julie M. Bidmead, as Co-trustees of the Gulino / Bidmead Family Trust, U/A Dated April 30, 2019.
E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein.
F. The subject property meets the standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code.
G. The subject property meets the minimum standards for placement in the Contributive category pursuant to Section 30-2.2(2) of the Santa Ana Municipal Code.
H. In addition to meeting the standards for placement in the Key category pursuant to Section 30-2.2(2) of the Santa Ana Municipal Code, the applicant has agreed, as part of the requested Mills Act agreement Work Plan, to restoration of select elements described therein within the first five years of the Agreement’s term, including removing the non-compatible gutters, replacing the rear side yard door with a period-appropriate door, and replacing the main entrance doorknob and exterior light with periodappropriate materials.
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-2024-16 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. 2023-29 to place the R.S.
McGuire House located at 2369 North Flower Street, Santa Ana, 92706 on the historical register, and
B. Historic Register Categorization No. 2024-03 placing the R.S. McGuire House located at 2369 North Flower Street, 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 City Council 23 – 73 10/1/2024
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Resolution No. 2024-XX
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 15
th day of July, 2024.
__________________________
Tim Rush
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:________________________
Brandon Salvatierra
Deputy City Attorney
AYES: Commission members____________________________________ NOES: Commission members___________________________________ ABSTAIN: Commission members___________________________________ NOT PRESENT: Commission members___________________________________ City Council 23 – 74 10/1/2024
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Resolution No. 2024-XX
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, NUVIA OCAMPO, Historic Resources Commission Secretary, do hereby attest to and certify the attached Resolution No. 2024-XX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on July 15, 2024.
Date: ________________ ____________________________________ Nuvia Ocampo
Commission Secretary
City of Santa Ana
City Council 23 – 75 10/1/2024
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Resolution No. 2024-XX
EXHIBIT A
LEGAL DESCRIPTION
APN Address Legal Description Owner Names
002-072-13 2369 North Flower Street THE LAND REFERRED TO
HEREIN BELOW IS SITUATED
IN THE CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE
OF CALIFORNIA AND IS
DESCRIBED AS FOLLOWS:
THAT PORTION OF THE
SOUTH 10 ACRES OF LOT 4
OF POTTS, BORDEN AND
SIDEWELL TRACT, IN THE
CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 4 PAGE
624 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF
SAID COUNTY.
BEGINNING AT THE
NORTHWEST CORNER OF
SAID SOUTH 10 ACRES,
THENCE SOUTH 179.80
FEET ALONG THE WEST LINE
OF SAID LOT 4 TO THE TRUE
POINT OF BEGINNING, SAID
TRUE POINT OF BEGINNING
BEING THE SOUTHWEST
CORNER OF THE LAND
CONVEYED TO ALFRED
F. MOULTON AND EDITH W.
MOULTON, BY DEED
RECORDED AUGUST 5, 1938
IN BOOK 945 PAGE 582, OF
OFFICIAL RECORDS, IN THE
OFFICE OF THE COUNTY
RECORDER OF ORANGE
COUNTY, CALIFORNIA,
THENCE SOUTH 58.00 FEET
ALONG SAID WEST LINE;
Paul J. Gulino
and Julie M.
Bidmead
City Council 23 – 76 10/1/2024
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THENCE EAST 160.00 FEET
PARALLEL WITH THE NORTH
LINE OF SAID SOUTH 10
ACRES; THENCE NORTH
58.00 FEET PARALLEL WITH
THE SAID WEST LINE TO THE
SOUTHEAST CORNER OF
SAID LAND CONVEYED TO
MOULTON AND WIFE;
THENCE WEST 160.00 FEET
TO THE TRUE POINT OF
BEGINNING.
City Council 23 – 77 10/1/2024
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EXHIBIT B
Conditions of Approval for Historic Resources Commission Application No. 2023-29 and Historic Resources Commission Categorization No. 2024-03 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:
1. Within 180-days of execution of this resolution, the applicant shall install a bronze plaque as per a template on file with the Planning Division honoring and recognizing the structure at 2369 North Flower Street, historically known as the R.S. McGuire 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.
City Council 23 – 78 10/1/2024
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Santa Ana
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Attn: Clerk of the Council
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_________________________________________________________________________
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 Paul J. Gulino and Julie M. Bidmead, as Co-trustees of the Gulino / Bidmead Family Trust, U/A Dated April 30, 2019 (hereinafter collectively referred to as “Owner”), owner of real property located at 2369 North Flower Street, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties.
RECITALS
A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the “Mills Act”) to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity.
B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2369 North Flower Street, Santa Ana, CA, 92706 and more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference, and hereinafter referred to as the “Historic Property.”
C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code.
D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner.
City Council 23 – 79 10/1/2024
MILLS ACT AGREEMENT
2369 North Flower Street
Santa Ana, CA 92706
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E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code.
NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows:
1. Effective Date and Terms of Agreement.
This Agreement shall be effective and commence on September 18, 2024, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below.
2. Renewal.
a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein.
b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party.
Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein.
c. Within 30 days from receipt of City’s notice of nonrenewal, the Owner may file a written protest of City’s decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply.
3. Standards and Conditions for Historic Property.
During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions:
a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its characterdefining features described in the “Executive Summary” and “Historical Property Description” attached hereto, marked collectively as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, City Council 23 – 80 10/1/2024
MILLS ACT AGREEMENT
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Santa Ana, CA 92706
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textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City.
b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior’s Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition.
c. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior’s Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner’s compliance with the terms and provisions of this Agreement. As part of the periodic inspection, Owner shall supply information in a format determined acceptable by the representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization information required to determine compliance with the terms of this Agreement.
f. Owner shall implement the rehabilitation and restoration work items as discussed in detail in Exhibit D, “Proposed Structure Improvements.” Repainting exterior trim; removing non-compatible gutters; replacing rear yard side door with period-appropriate door; inspecting and repairing all original wood and steel-frame windows, window panes, and window trim as needed; and replacing the main entrance doorknob and exterior light with period-appropriate pieces, with all other work items completed within the first ten years of the Mills Act Agreement.
Proof of status and completion, as requested from time to time by the City of Santa Ana, will be required in order to satisfy and maintain the Mills Act Agreement. Staff approval is required before items shall be amended or removed/replaced from the improvements list.
City Council 23 – 81 10/1/2024
MILLS ACT AGREEMENT
2369 North Flower Street
Santa Ana, CA 92706
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4. Furnishing of Information.
The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement.
5. Cancellation.
a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 ½) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement.
b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288.
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.
City Council 23 – 82 10/1/2024
MILLS ACT AGREEMENT
2369 North Flower Street
Santa Ana, CA 92706
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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 2369 North Flower Street, Assessor Parcel Number, 002-072-13, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement.
b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner’s successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument.
c. This property is listed in the Santa Ana Register of Historical Properties (Register). In any real property transaction, the owner of this property or the owner’s representative shall provide the buyer of this property with notice that the property is listed on the City’s historic Register.
8. No Compensation.
Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property.
9. Notice.
Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto.
City: City of Santa Ana
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Attn: City Clerk
City Council 23 – 83 10/1/2024
MILLS ACT AGREEMENT
2369 North Flower Street
Santa Ana, CA 92706
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Owners: Paul Gulino and Julie Bidmead
2369 North Flower Street
Santa Ana, CA 92706
10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise.
b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney’s fees to be fixed by the court, in addition to court costs and other relief ordered by the court.
f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby.
g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County.
City Council 23 – 84 10/1/2024
MILLS ACT AGREEMENT
2369 North Flower Street
Santa Ana, CA 92706
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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 23 – 85 10/1/2024
MILLS ACT AGREEMENT
2369 North Flower Street
Santa Ana, CA 92706
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ATTEST: CITY OF SANTA ANA
________________________ _________________________
JENNIFER L. HALL ALVARO NUÑEZ
City Clerk Acting City Manager
OWNERS
Date: ___________________ By:__________________
PAUL GULINO
Date: ___________________ By:__________________
JULIE BIDMEAD
APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL:
SONIA CARVALHO
City Attorney
By: _____________________ _____________________
BRANDON SALVATIERRA MINH THAI
Deputy City Attorney Executive Director
Planning and Building Agency
City Council 23 – 86 10/1/2024
MILLS ACT AGREEMENT
2369 North Flower Street
Santa Ana, CA 92706
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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:
THAT PORTION OF THE SOUTH 10 ACRES OF LOT 4 OF POTTS, BORDEN AND
SIDEWELL TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4 PAGE 624 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTH 10 ACRES, THENCE SOUTH 179.80 FEET ALONG THE WEST LINE OF SAID LOT 4 TO THE TRUE POINT OF
BEGINNING, SAID TRUE POINT OF BEGINNING BEING THE SOUTHWEST CORNER OF THE LAND CONVEYED TO ALFRED F. MOULTON AND EDITH W. MOULTON, BY DEED RECORDED AUGUST 5, 1938 IN BOOK 945 PAGE 582, OF OFFICIAL RECORDS,
IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, THENCE SOUTH 58.00 FEET ALONG SAID WEST LINE; THENCE EAST 160.00 FEET PARALLEL WITH THE NORTH LINE OF SAID SOUTH 10 ACRES; THENCE NORTH
58.00 FEET PARALLEL WITH THE SAID WEST LINE TO THE SOUTHEAST CORNER OF SAID LAND CONVEYED TO MOULTON AND WIFE; THENCE WEST 160.00 FEET TO THE TRUE POINT OF BEGINNING.
Assessor’s Parcel Number: 002-072-13
City Council 23 – 87 10/1/2024
EXECUTIVE SUMMARY
R.S. McGuire House
2369 North Flower Street
Santa Ana, CA 92706
NAME R.S. McGuire House REF. NO.
ADDRESS 2369 North Flower Street
CITY Santa Ana ZIP 92706 ORANGE COUNTY
YEAR BUILT 1938 LOCAL REGISTER CATEGORY: Key
HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park
CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: Not for Publication Unrestricted
Prehistoric Historic Both
ARCHITECTURAL STYLE: Art Moderne
The Moderne style encompassed the Modernistic, Streamline Moderne, and Art Moderne variants. An evolution of the Art Deco style, the Streamline Moderne flourished during the 1930s and lingered through the decade following World War II in a simplified version. In contrast to the verticality of earlier Art Deco designs, the Streamline Moderne and Art Moderne substyles emphasized the horizontal, through bands of windows, use of decorative raised or incised horizontal lines, railings, flat canopies with banded fascia, and narrow coping at the roofline. Other characteristics include smooth wall surfaces, usually of stucco; metal detailing; glass block or metal multi-light casement windows; rounded corners, porthole windows, and asymmetry. Incorporation of aerodynamic, transportation related imagery, especially nautical, is a signature of the style. In common with the Streamline Moderne, Art Moderne buildings also tended to be horizontal in emphasis, but tended to be more clean-lined and rectilinear in their massing and detailing than their streamlined counterparts. Art Moderne designs can be recognized by their flat roofs, smooth stucco exteriors, and use of metal casement windows that often meet at the corners of the building.
SUMMARY/CONCLUSION:
The R.S. McGuire House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of an Art Moderne style home in Santa Ana. The recommended categorization is “Key” because it has a distinctive architectural style and quality reflective of the Art Moderne style. (Santa Ana Municipal Code, Section 30-2.2).
EXPLANATION OF CODES:
California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, “How to Nominate Resources to the California Register of Historical Resources,” September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values.
5S3: Appears to be individually eligible for local listing or designation through survey evaluation.
City Council 23 – 88 10/1/2024
State of California The Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code_____________________________________
Other Listings_____________________________________________________________________ Review Code________ Reviewer________________________ Date_______________ Page _1_ of _5_ Resource name(s) or number (assigned by recorder) R.S. McGuire House P1. Other Identifier:
*P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad: Orange Quadrangle California-Orange County 7.5-Minute Series Date: 2022 *c. Address 2369 North Flower Street City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor’s Parcel Number 002-072-13 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The R.S. McGuire House is a one story, single-family, Art Moderne style residence and detached garage located on a small parcel in the Floral Park neighborhood (Figure 1). The asymmetrical residence exhibits a T-shaped plan with two primary facades facing west and south respectively. Its low-pitch hipped and gabled roof is clad in asphalt shingles with minimal overhanging eaves and exposed rafter tails. A rear addition that was added to the east façade in 1991 has curved walls and is capped with a curved roofline in asphalt shingles to match existing. The exterior of the house is clad in smooth stucco with minimal texture throughout. The primary (west) façade features a stucco-clad chimney with the upper portion clad in exposed brick. The chimney is flanked by two steel-frame, multi-pane, combination fixed-and-casement corner windows that wrap around both the north and south building corners (Figure 2). The primary façades feature two building projections that are stepped back from the front of the building. Both projections contain similar steel-frame windows that wrap around the corners (Figure 3). The main entrance, located on the primary (south) façade, is accessible by two curved concrete steps.
The entrance features a single, solid door below a curved roof awning (Figure 4). (See Continuation Sheet 3 of 5.)
*P3b. Resource Attributes: (list attributes and codes) HP2. Single-Family Residence and HP4. Ancillary building *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date)
(Figure 1) Primary (west) facade,
view east, November 2023
*P6. Date Constructed/Age and
Sources: historic
1938/ Original Building Permit
*P7. Owner and Address:
Paul Gulino and Julie Bidmead
2369 North Flower Street
Santa Ana, CA 92706
*P8. Recorded by:
Andrea Dumovich Heywood
City of Santa Ana
20 Civic Center Plaza M-20
Santa Ana, CA 92702
*P9. Date Recorded:
July 15, 2024
*P10. Survey Type:
Intensive Survey Update
*P11. Report Citation: (Cite survey
report and other sources, or enter “none”)
None
*Attachments: None Location Map Sketch Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record Other (list)
DPR 523A (1/95) *Required information
P5a. Photo
City Council 23 – 89 10/1/2024
State of California The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________
BUILDING, STRUCTURE, AND OBJECT RECORD
*Resource Name or #: R.S. McGuire House
B1. Historic Name: R.S. McGuire House
B2. Common Name: Same
B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Art Moderne
*B6. Construction History: (Construction date, alterations, and date of alterations):
August 22, 1938. Permit to construct a 6-room stucco residence and garage. $5,500.
April 3, 1941. Extend garage by owner. $200.
August 8, 1991. Remove workshop addition to garage. $200.
August 30, 1991. Add bathroom, closet, laundry, and window in master bedroom french door in tv room, reroof. $20,200.
September 13, 2019. Reroof with comp shingles. $8,500.
January 10, 2024. Install solar panels. $10,000.
*B7. Moved? No Yes Unknown Date:__________ Original location:_______ _______ *B8. Related Features: Detached garage
B9a. Architect: Unknown b. Builder: Allison Honer (contractor) *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1938 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 R.S. McGuire House is architecturally significant as an intact example of an Art Moderne style house in Santa Ana. The original building permit is dated August 22, 1938, and indicates it was built as a single-family residence and garage for ownercontractor Allison Honer for $5,500, who appears to have been affiliated with the property only during the time of the intial building permit. The original architect is unknown. City directories note that R.S. McGuire owned the property for at least 23 years, from 1939-1962. R.S. (Mac) McGuire worked for heating equipment company O'Keefe and Merritt and later was employed at Coffmans furniture-appliance store at 714 West 17th Street in Santa Ana (Santa Ana Register, March 7, 1946; Santa Ana Register, March 30, 1950). From circa 1965-1979, Douglas Geraldine occupied the building. In 1980, J Darlingfriz and Doug Friz are noted as building occupants. The 1985 Criss-Cross directories do not list the property owner. From circa 1986 to 2021, David Aeppli owned the subject property. City directories were not available from 1963-1964, 1966-1978, and 1984; directories from 1981-1983 and 1985 do not list the property owner or occupant. The present owners, Paul Gulino and Julie Bidmead, purchased the property in 2021.
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 Sheets 3 and 4)
B13. Remarks: None
*B14. Evaluator: Andrea Dumovich Heywood, City of Santa Ana. *Date of Evaluation: July 15, 2024
DPR 523B (1/95) *Required information
Sketch Map
(This space reserved for official comments.)
R.S. McGuire House
2369 N Flower Street
City Council 23 – 90 10/1/2024
State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________
*Recorded by Andrea Dumovich Heywood *Date July 15, 2024 Continuation Update DPR 523L
*P3a. Description (continued):
Additional fenestration on the south (primary) façade includes a single two-over-two double-hung wood window. The side (north) façade contains one-over-one double-hung wood windows. The rear (east) façade has single and double partially glazed pedestrian doors with horizontal muntins dividing the doors into five lights. Additional fenestration at the rear façade includes a single double-hung wood window, as well as a glass block window with two steel-frame, multi-light fixed-andcasement windows located on the curved building projection (east addition) (Figures 5 and 6).
The detached garage, located southeast of the primary residence, contains a side-gabled roof clad in asphalt shingles to match the residence (Figure 7). The paneled garage door at its primary (west) façade faces a long, paved driveway leading to North Flower Street. A single, solid pedestrian door is situated at the rear (east) façade.
Additional architectural features include a vent at the gable end of the primary (south) façade, pronounced window sill trim throughout, smooth or curved building corners, and an Art Modern style metal door knocker on the main entrance door. The property is landscaped with a front lawn, small shrubs, and medium-sized trees. *B10. Significance (continued):
The R.S. McGuire 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 1937, Roy Rodney Russell, joined his father’s firm and by 1945 it was renamed as Roy Russell and Son. 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, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2023) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens.
The R.S. McGuire House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of an Art Moderne style home in Santa Ana. Located in Floral Park, the house cost $5,500 to build in 1938. The recommended categorization is “Key” because it has a distinctive architectural style and quality reflective of the Art Moderne style (Santa Ana Municipal Code, Section 30-2.2). Character-defining features of the R.S. McGuire House include, but may not be limited to: T-shaped plan; asymmetrical primary façades at the west and south; low-pitch hipped and gabled roof; minimal roof overhang and exposed rafter tails; smooth stucco siding with minimal texture throughout; stucco-clad chimney with exposed brick near the top; steel-frame multi-pane combination fixed-and-casement corner windows that wrap around building corners; building projections that are stepped back from the front (west) portion of the building; main entrance accessible by two curved concrete steps with a single, solid door and Art Moderne style metal door knocker that is situated below a curved roof awning; double-hung wood windows; pronounced window sill trim throughout; vent at the gable end; smooth or curved building corners; detached garage; and front yard lawn with landscaping including mature trees and shrubs. *B12. References (continued):
Ancestry.com. California, Death Index, 1938-1997 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2000.
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
City Council 23 – 91 10/1/2024
State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________
*Recorded by Andrea Dumovich Heywood *Date July 15, 2024 Continuation Update DPR 523L
Newspapers.com (Santa Ana Register, The Register)
Branch, National Park Service, US Dept. of the Interior, 1991.
Office of Historic Preservation. “Instructions for Recording Historical Resources.” Sacramento: March 1995.
Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969.
Santa Ana and Orange County Directories, 1938-2008.
City Council 23 – 92 10/1/2024
State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________
*Recorded by Andrea Dumovich Heywood *Date July 15, 2024 Continuation Update DPR 523L
Additional Figures:
Figure 2. At the primary (west) façade, a steel-frame,
multi-pane, combination fixed-and-casement corner
window that wrap around the north building corner,
facing southeast.
Figure 3. The primary (south) façade showing two
stepped back building projections with steel-frame
windows, facing north.
Figure 4. The main entrance, located on the primary
(south) façade, is accessible by two curved concrete
steps and features a solid door below a curved roof
awning, facing north.
Figure 5. A glass block window at the rear (east) façade is located on the rear addition, facing north.
Figure 6. A steel-frame, multi-light fixed-and-casement window located on the curved building projection (east
addition), facing northwest.
Figure 7. The detached garage, located southeast of the primary residence, contains a side-gabled roof clad in
asphalt shingles to match the residence, facing east.
City Council 23 – 93 10/1/2024
MILLS ACT AGREEMENT
2369 North Flower Street
Santa Ana, CA 92706
- 1 -
Exhibit C
Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S.
Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings, as follows:
1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose.
2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.
3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.
4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment.
These changes may have acquired significance in their own right, and this significance shall be recognized and respected.
5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity.
6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures.
7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.
8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project.
9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with City Council 23 – 94 10/1/2024
MILLS ACT AGREEMENT
2369 North Flower Street
Santa Ana, CA 92706
- 2 -
size, scale, color, material and character of the property, neighborhood, or environment.
10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired.
City Council 23 – 95 10/1/2024
Exhibit D: Proposed Structure Improvements (“Work Plan”) 2369 North Flower Street
Item Year Improvement
1 2025 Repaint trim as needed.
2 2026 Remove non-compatible gutters. If replacing, install historically-compatible gutters.
3 2027 Replace rear yard side door with period-appropriate door . 4 2028 Inspect and repair all original wood and steel-frame windows, window panes, and window trim as needed.
5 2029 Replace main entrance doorknob and exterior light with period-appropriate doorknob and light. Note: The doorknocker shall not be removed as it is a character defining feature.
City Council 23 – 96 10/1/2024
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 STE 812, SANTA ANA, CA 92701
(714) 543-2027 (714) 542-6841
OR 3828758
NUVIA OCAMPO
CITY OF SANTA ANA/PLANNING & BUILDING AGEN
20 CIVIC CENTER PLAZA 2ND FLR
SANTA ANA, CA - 92702
GPN - GOVT PUBLIC NOTICE
2369 N Flower St
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:
07/05/2024
07/05/2024
ORANGE
!A000006810481!
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: 2369 North Flower
Street located within the Single Family
Residential (R1) zoning district
Project Applicant: Paul J. Gulino & Julie
M. Bidmead (Property Owners)
Project Description: Applicants are
requesting approval of Historic
Resources Commission Application
No. 2023-29, Historic Register
Categorization No. 2024-03, and
Historic Property Preservation
Agreement No. 2024-05 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: Pursuant to the
California Environmental Quality Act
(CEQA) and the CEQA Guidelines, the
project is exempt from further review
under Section 15331, Class 31, as this
action is designed to preserve a historic
resource. Categorical Exemption No. ER2024-16 will be filed for this project.
Meeting Details: This matter will be heard on Monday, July 15, 2024, at 4:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701.
Members of the public may attend this
meeting in-person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please
visit www.santa-ana.org/pb/meetingparticipation.
Written Comments: If you are unable to
participate in the meeting, you may send
written comments by e-mail to
[email protected]
(reference the topic in the subject line) or
mail to Nuvia Ocampo, Recording
Secretary, City of Santa Ana, 20 Civic
Center Plaza – M20, Santa Ana, CA
92701. Deadline to submit written comments is 3:30 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://santaana.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@santaana.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 Nuvia Ocampo al (714) 667-
2732.
Nu cn liên lc bng ting Vit, xin
in thoi cho Tony Lai s (714) 565-
2627.
7/5/24
OR-3828758#
City Council 23 – 97 10/1/2024
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
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: 2369 North Flower Street located within the Single Family Residential (R1) zoning district
Project Applicant: Paul J. Gulino & Julie M. Bidmead (Property Owners) Project Description: Applicants are requesting approval of Historic Resources Commission Application No. 2023-29, Historic Register Categorization No. 2024-03, and Historic Property Preservation Agreement No. 2024-05 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: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No. ER-2024-16 will be filed for this project.
Meeting Details: This matter will be heard on Monday, July 15, 2024, at 4:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in-person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa-ana.org/pb/meeting-participation.
Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to [email protected] (reference the topic in the subject line) or mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701.
Deadline to submit written comments is 3:30 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record.
Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https://santa-ana.primegov.com/public/portal.
Who To Contact For Questions: Should you have any questions, please contact Pedro Gomez with the Planning and Building Agency at [email protected] or 714-667-2790.
Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Historic Resources Commission or City Council of the City of Santa Ana at, or prior to, the public hearing.
City Council 23 – 98 10/1/2024
Si tiene preguntas en español, favor de llamar a Nuvia Ocampo al (714) 667-2732.
Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627.
City Council 23 – 99 10/1/2024
City Council 23 – 100 10/1/2024
City Council 23 – 101 10/1/2024
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Santa Ana
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Attn: City Clerk’s Office
FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383
_________________________________________________________________________
HISTORIC PROPERTY PRESERVATION AGREEMENT
This Historic Property Preservation Agreement (“Agreement”) is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as “City”), and Kevin Kajikawa, a single man and Jonathan Melendez, a married man as his sole and separate property, as joint tenants, (hereinafter collectively referred to as “Owner”), owner of real property located at 424 South Broadway, 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 424 South Broadway, 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.
City Council 23 – 102 10/1/2024
MILLS ACT AGREEMENT
424 South Broadway
Santa Ana, CA 92701
- 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 2, 2024, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below.
2. Renewal.
a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein.
b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party.
Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein.
c. Within 30 days from receipt of City’s notice of nonrenewal, the Owner may file a written protest of City’s decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply.
3. Standards and Conditions for Historic Property.
During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions:
a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its characterdefining features described in the “Historical Property Description” attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City.
City Council 23 – 103 10/1/2024
MILLS ACT AGREEMENT
424 South Broadway
Santa Ana, CA 92701
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b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior’s Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition.
c. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior’s Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner’s compliance with the terms and provisions of this Agreement. f. Owner shall implement the rehabilitation and restoration work items as discussed in detail in Exhibit D, “Proposed Structure Improvements” and the City Council Historic Property Preservation Agreement (HPPA No. 2024-06) staff report dated July 15, 2024. All work items shall be completed within the first ten years of the Mills Act Agreement. Proof of completion, as requested by the City of Santa Ana, will be required in order to satisfy and maintain the Mills Act Agreement. Staff approval is required before items are amended or removed/replaced from the improvements list.
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 City Council 23 – 104 10/1/2024
MILLS ACT AGREEMENT
424 South Broadway
Santa Ana, CA 92701
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Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 ½) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement.
b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288.
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.
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MILLS ACT AGREEMENT
424 South Broadway
Santa Ana, CA 92701
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7. Binding effect of Agreement.
a. Owner hereby subjects the Historic Property, located at 424 South Broadway, Assessor Parcel Number, 398-292-17, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner’s successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument.
c. This property is listed in the Santa Ana Register of Historical Properties (Register). In any real property transaction, the owner of this property or the owner’s representative shall provide the buyer of this property with notice that the property is listed on the City’s historic Register.
8. No Compensation.
Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property.
9. Notice.
Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto.
City: City of Santa Ana
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Attn: City Clerk’s Office
Owners: Kevin Kajikawa and Jonathan Melendez
424 South Broadway
Santa Ana, CA 92701
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MILLS ACT AGREEMENT
424 South Broadway
Santa Ana, CA 92701
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10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise.
b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney’s fees to be fixed by the court, in addition to court costs and other relief ordered by the court.
f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby.
g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County.
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.
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MILLS ACT AGREEMENT
424 South Broadway
Santa Ana, CA 92701
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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}
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MILLS ACT AGREEMENT
424 South Broadway
Santa Ana, CA 92701
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ATTEST: CITY OF SANTA ANA
________________________ _________________________
JENNIFER L. HALL ALVARO NUÑEZ
City Clerk City Manager
OWNERS
Date: ______________________ By:_________________________
KEVIN KAJIKAWA
Date: ______________________ By:_________________________
JONATHAN MELENDEZ
APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL:
SONIA CARVALHO
City Attorney
By: _____________________ _____________________
BRANDON SALVATIERRA MINH THAI
Deputy City Attorney Executive Director
Planning and Building Agency
City Council 23 – 109 10/1/2024
MILLS ACT AGREEMENT
424 South Broadway
Santa Ana, CA 92701
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EXHIBIT A
LEGAL DESCRIPTION
REAL PROPERTY IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
LOT FOUR (4) IN BLOCK “A”, OF HENINGER’S ADDITION TO THE CITY OF SANTA ANA, AS PER MAP RECORDED IN BOOK 5, PAGES 5 AND 6, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
Assessor’s Parcel Number: 398-282-17
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EXECUTIVE SUMMARY
COSELMAN-MOTLEY HOUSE
424 South Broadway
Santa Ana, CA 92701
NAME Coselman-Motley House REF. NO.
ADDRESS 424 South Broadway
CITY Santa Ana ZIP 92701 ORANGE COUNTY
YEAR BUILT 1911 LOCAL REGISTER CATEGORY: Key
HISTORIC DISTRICT N/A NEIGHBORHOOD Heninger Park
CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 5S1 Location: Not for Publication Unrestricted
Prehistoric Historic Both
ARCHITECTURAL STYLE: Bungalow/Craftsman
Closely related to the English Arts and Crafts Movement, American Craftsman architecture was popularized by The Craftsman magazine and architects such as Charles and Henry Greene of Pasadena. It drew from the wood building traditions of Japan and Switzerland as well as the medieval themes favored by the Arts and Crafts philosophers. Craftsman architecture stressed honesty of form, materials, and workmanship, eschewing applied decoration in favor of the straightforward expression of structure. A new appreciation of nature was evident in horizontal lines that reached out to embrace the landscape and the incorporation of capacious porches into building plans. Primarily a residential style, Craftsman architecture can be identified by low pitched gable and hipped roofs with exposed rafters and beams in deep overhangs; wood lap or shingle siding and an occasional use of stucco; extensive use of stone or brick as a secondary material; horizontal emphasis apparent in roof lines, headers, and battered porch supports; and broadly proportioned wood framed windows, often clustered in bands. Craftsman homes were built from circa 1902 until the early 1920s.
SUMMARY/CONCLUSION:
The Coselman-Motley House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a beautifully detailed and highly intact bungalow with the distinguishing characteristics of the Craftsman style. Additionally, the house has been categorized as “Key” because it “has a distinctive architectural style and quality” as an example of Craftsman styling (Municipal Code, Section 30-2.2).
EXPLANATION OF CODES:
x 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.
California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 5S1: Individual property that is listed or designated locally.
Exhibit B
City Council 23 – 111 10/1/2024
State of California The Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code_____________________________________
Other Listings_____________________________________________________________________ Review Code________ Reviewer________________________ Date_______________ Page _1_ of _3_ Resource name(s) or number (assigned by recorder) Coselman-Motley House P1. Other Identifier:
*P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad Tustin TCA 2555 Date:
*c. Address 424 South Broadway City Santa Ana Zip 92701 *e. Other Locational Data: Assessor’s Parcel Number: 398-292-17; HENINGERS ADD BLOCK: A LOT: 4 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This one and a half story Craftsman bungalow presents a symmetrical façade to the street. A side gable roof, whose front (east) rake is longer than the rear, caps the dwelling and is accented by a centered, front-gabled dormer. Arrow-tipped bargeboards, exposed rafters, carved beams, and pendants topped by finials constitute the roof and dormer detailing. The dormer contains a large, tripartite window with a diamond-paned central transom, set below a lattice-work vent and a band of purlins. Narrow clapboard sheathes the house. Spanning the lower story façade, the recessed porch is divided into three bays by tapered posts resting on art stone pedestals. A jig-sawn railing connects the pedestals and encloses the porch space. The entry, flanked by sidelights, occupies the narrower central bay, while large tripartite windows with elaborate leaded glass transoms are located in the side bays. A one-story, shed-roofed projection is recessed on the south elevation and contains a secondary entry. With the exception of a non-original but compatible picket fence that surrounds the property, the house appears unaltered from the street.
*P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date)
East elevation
March 2004
*P6. Date Constructed/Age and
Sources: historic
1911/Source: Les, 1979.
*P7. Owner and Address:
Ruth L. Motley
424 South Broadway
Santa Ana, CA 92701
*P8. Recorded by:
Leslie J. Heumann
SAIC
35 S. Raymond Ave. # 204
Pasadena, CA 91105
*P9. Date Recorded:
March 22, 2004
*P10. Survey Type:
Intensive Survey Update
*P11. Report Citation: (Cite survey report and other sources, or enter “none”) Les, Kathleen. “200, 300, 400, 500 South Broadway.” Historic Resources Inventory, September 1979. *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 23 – 112 10/1/2024
State of California The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________
BUILDING, STRUCTURE, AND OBJECT RECORD