Cities Index.
Agenda packet

Santa Ana City Council
October 20, 2026

Document
Agenda packet
Meeting
October 20, 2026
Body
Santa Ana City Council
Pages
85
Original file
236.9 MB
Text extracted from the city's file for reading and search. Open the original on santa-ana.primegov.com. That file is the official record.

AGREEMENT TO PROVIDE ON-CALL AFFORDABLE HOUSING

FINANCIAL, ANALYTICAL, AND ADVISORY SERVICES
THIS AGREEMENT is made and entered into this 20th day of October, 2026, by and between RSG, Inc., a California corporation sultant jointly the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State , and the Housing Authority of the City of Santa Ana, a public body, . City and Authority shall jointly or interchangeably, as

RECITALS
A. On August 20, 2026, the City issued Request for Proposals No. 26-034A P , by which it sought one or more consultants to provide affordable housing financial, analytical and advisory services for the City. The scope of work may include any and all comprehensive financial, real estate, land use, compliance monitoring, and advisory services related to housing and community and economic development activities.

B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the Scope of Work that was included in the RFP. The RFP is referenced herein as if incorporated in full.

D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field.

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

1. SCOPE OF SERVICES
On an as-needed basis, and at the sole discretion of City, Consultant shall perform the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services that are described in Scope of Work - Exhibit A, as well as Consultant proposed work plan attached hereto as Exhibit B.

IV), also attached hereto as Exhibit C.

2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit D.

Consultant is one of three (3) Consultants selected to provide affordable housing EXHIBIT 2
City Council 12 – 32 10/20/2026

Page 2 of 8 ends

financial, analytical, and advisory services on an as needed basis under the RFP.

The total compensation for services provided by all Consultants selected under the RFP is a collective amount not to exceed Three Hundred Thousand Dollars ($300,000.00) during the term of the Agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures.

City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant provide required documentation. Upon verification of the data provided, the City financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City.

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

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

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

Consultant represents and warrants that Consultant has the legal right to license any and all EXHIBIT 2
City Council 12 – 33 10/20/2026

Page 3 of 8 ends

Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within

6. INSURANCE
Insurance requirements are attached hereto as Exhibit E.

7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant s are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend, indemnify and hold harmless the City, its officers, agents, for infringem
product or documents provided by Consultant to the City pursuant to this Agreement.

9. RECORDS

Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and EXHIBIT 2
City Council 12 – 34 10/20/2026

Page 4 of 8 ends

invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.

10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.

11. CONFLICT OF INTEREST CLAUSE
a. Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Consultant or have any other direct or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution
d. The Consultant must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement.

The Consultant warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Consultant hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make EXHIBIT 2
City Council 12 – 35 10/20/2026

Page 5 of 8 ends

full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement.
e. Consultant covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and (c) above.

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

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

14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without Agreement performed by City personnel or by other consultants retained by City.

15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of EXHIBIT 2
City Council 12 – 36 10/20/2026

Page 6 of 8 ends

termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals and Scope of Work of this Agreement.

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

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

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

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

EXHIBIT 2
City Council 12 – 37 10/20/2026

Page 7 of 8 ends

To City: City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Executive Director
Community Development Agency
City of Santa Ana
20 Civic Center Plaza (M-27)
P.O. Box 1988
Santa Ana, CA 92702
To Consultant: RSG, Inc.

Attn: Tara Broughton, Principal
170 Eucalyptus Avenue, Suite 200
Vista, CA 92084
Tel: 714-541-4585
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
{Signatures on following page}
EXHIBIT 2
City Council 12 – 38 10/20/2026

Page 8 of 8 ends

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

ATTEST: CITY OF SANTA ANA
________________________ _________________________
JENNIFER HALL ALVARO NUÑEZ
City Clerk/Recording Secretary City Manager

APPROVED AS TO FORM HOUSING AUTHORITY OF THE
SONIA R. CARVALHO CITY OF SANTA ANA
City Attorney/General Counsel
By: _____________________ ____________________________
ANDREA N. GARCIA SYLVIA VAZQUEZ
Sr. Assistant City Attorney/ Secretary/Deputy City Manager Sr. Assistant Counsel Acting Executive Director
Community Development Agency

CONSULTANT
____________________________
By:

Title:

EXHIBIT 2
City Council 12 – 39 10/20/2026

EXHIBIT A

SCOPE OF SERVICES
EXHIBIT 2
City Council 12 – 40 10/20/2026

CITY OF SANTA ANA
Consultant shall perform services as set forth below.

The City of Santa Ana and the Santa Ana Housing Authority (City) intend to contract with one or more consultants to serve in a full-service capacity for purposes of advising the City, as needed, on all financial, real estate, and land use matters and programs of work involving housing. Work will be provided based on availability and specialization with priority given to the highest-ranked firm. The selected consultant may be asked to provide the following scope of services:
i. Market and Financial Analysis of Projects with an Affordable Housing Component a. Complete subsidy layering and leveraging analyses to quantify the appropriate level of financial assistance for a project.
b. Perform financial analysis and/or subsidy layering analysis for the structuring of the City’s financial assistance for a project. Analysis should be completed to satisfy funding requirements, including but not limited to the HOME Program.
c. Prepare developer solicitation documentation, analyze development proposals, participate in negotiations and assist with transaction structuring.
d. Perform analyses in relation to the City’s inclusionary housing ordinance and inclusionary housing fund, from the calculation and setting of in-lieu fees to the full design of the inclusionary housing ordinance with all of its provisions. e. Perform financial, real estate and land use analyses in connection with affordable, mixedincome and private market projects including affordable and market-rate rental and ownership housing.
f. Prepare policies and procedures manuals that are used to implement the City’s inclusionary housing ordinance, HOME Program, down payment assistance program, and/or any other affordable housing program and grant, including manuals for developers, tenants and home buyers.
g. Provide affordable housing transaction structuring services. h. Provide bond advisory services.
ii. Proforma and Project Analysis
a. Review the proposed scope of development, conceptual development plans, the developer' s pro forma analysis, and any additional available information that describes the proposed project. Clarify any questions regarding the project and identify any major financial issues with the proposed development plan.
b. Prepare an initial pro forma analysis to estimate the financial gap associated with the proposed project.
c. Review and analyze construction and operating budgets. iii. Compliance Monitoring: Affordability Covenants and Operating Budgets a. Structure housing projects funded with multiple assistance sources and monitor the completed projects to ensure continuing compliance with the income and affordability covenants. b. Review operating budgets, quarterly financial reports and annual audited financial statements to ensure that projects are operating appropriately. Identify any operational issues or concerns, and work with the City to address these issues with project owners.

EXHIBIT 1 –

SCOPE OF SERVICES
City of Santa Ana RFP No. 26-034A Page 14 of 39
EXHIBIT 2
City Council 12 – 41 10/20/2026

CITY OF SANTA ANA
iv. Compliance Monitoring: Residual Receipts Calculations and Loan Repayment Compliance a. Evaluate and monitor affordable housing operations and ensure compliance with residual receipts loan repayment terms. Review the annual audited financial statements and operating statements to determine any residual receipts payments due. v. For any project that includes Housing Asset Funds, quantify the allocation of Housing Asset Funds per the expenditure requirements imposed by California Health and Safety Code Section 34176.1. vi. Provide evaluation services related to density bonus applications submitted under State Density Bonus Law. Prepare financial analyses that can be used to evaluate density bonus applications including: the required number of affordable units; the requested density bonus; the value of any requested incentives and concessions; and the impact created by any requested development standards waivers. vii. Review loan documents, ground leases, regulatory agreements, and any other legal or administrative document required for housing projects.
viii. Ensure the City meets all of the legal and administrative requirements of the Surplus Lands Act (SLA).

Prepare any and all documents as needed to comply with the SLA. ix. Compile and analyze general economic, real estate and land use data regarding housing. x. Review Capital Needs Assessments.
xi. General real estate advisory services.
xii. Attend City Council, Housing Authority, Community Development Commission, and any other meetings, as needed.

The services listed above are not meant to be exhaustive or exclusive to affordable housing, and may include any form of general land use and real estate development services for housing, community and economic development purposes.

Responding firms are encouraged to review this Scope of Services, and to recommend any additions they might see as appropriate.

City of Santa Ana RFP No. 26-034A Page 15 of 39
EXHIBIT 2
City Council 12 – 42 10/20/2026

EXHIBIT B

CONSULTANT WORK PLAN
EXHIBIT 2
City Council 12 – 43 10/20/2026
EXHIBIT 2
City Council 12 – 44 10/20/2026
EXHIBIT 2
City Council 12 – 45 10/20/2026
EXHIBIT 2
City Council 12 – 46 10/20/2026
EXHIBIT 2
City Council 12 – 47 10/20/2026
EXHIBIT 2
City Council 12 – 48 10/20/2026
EXHIBIT 2
City Council 12 – 49 10/20/2026

EXHIBIT C

FEDERAL REGULATIONS
EXHIBIT 2
City Council 12 – 50 10/20/2026

CITY OF SANTA ANA
FOR PROPOSER’S REFERENCE ONLY
a. Federal Regulations – Recipient must comply with the government cost principles, uniform administrative requirements and audit requirements for federal grant program housed within Title 2, Part 200 of the Code of Federal Regulations.
b. Debarment and Suspension – As required by Executive Orders 12549 and 12689, and 2 CFR §200.214 and codified in 2 CFR Part 180, Recipient must provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. c. Audit Records – With respect to all matters covered by this agreement all records shall be made available for audit and inspection by CITY, the grant agency and/or their duly authorized representatives for a period of three (3) years from the date of submission of the final expenditure report by the City of Santa Ana.

For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Recipient shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Recipient shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Recipient, upon request during usual working hours. d. Reports – Recipient shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. e. Section 504 of the Rehabilitation Act of 1973 (Handicapped) – All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Recipient agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors. f. Americans with Disabilities Act of 1990 – (ADA) Recipient must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. g. Political Activity – None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act". h. No Lobbying – Recipient will comply with all applicable lobbying prohibitions and laws, including those found in the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352, et seq.), and agrees that none of the funds provided under this award may be expended by the Recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement.

EXHIBIT 4 –

FEDERAL REGULATIONS
City of Santa Ana RFP No. 26-034A Page 24 of 39
EXHIBIT 2
City Council 12 – 51 10/20/2026

CITY OF SANTA ANA
FOR PROPOSER’S REFERENCE ONLY
i. Non-Discrimination and Equal Opportunity – Recipient will comply, and all its contractors (or subrecipients) will comply, with Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment Act of 1972, as amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of 1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Recipient makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Recipient will forward a copy of the findings to CITY which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice.

If applicable, recipient will comply with the equal opportunity clause in 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375. j. Equal Employment Opportunity – Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable. k. Public Contracts Code – Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the California Public Contract Code Section 10295.3, as applicable. l. Copeland “Anti-Kickback” Act – Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Copeland “Anti-Kickback” Act (40 U.S.C. 3145) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable. m. Davis-Bacon Act – Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Davis-Bacon Act (40 U.S.C. 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. n. Work Hours and Safety – Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3702 and 3704) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. o. Clean Air Act –
(1) The 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) The contractor agrees to report each violation to CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. p. Energy and Conservation – Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (42 U.S.C. 6201), as applicable.

City of Santa Ana RFP No. 26-034A Page 25 of 39
EXHIBIT 2
City Council 12 – 52 10/20/2026

CITY OF SANTA ANA
FOR PROPOSER’S REFERENCE ONLY
q. Waste Disposal – Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as applicable.
r. Patent Rights – Recipient agrees that the Department of Homeland Security shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement based on the requirements of 37 CFR§ 401 and any other implementing regulations, as applicable.
s. Copyright – Recipient may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency (SAA) and City reserve a royalty-free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA and/or City purpose:
(1) the copyright in any work developed through this Agreement; and (2) any rights of copyright to which the subcontractor purchases ownership with support through this grant. The Federal government’s, SAA’s and City’s rights identified above must be conveyed to the publisher and the language of the publisher’s release form must ensure the preservation of these rights.
t. Equal Employment in Construction Contracts – Pursuant to Equal Employment Opportunity requirements of 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375, as to any construction contract thereunder, if applicable, during the performance of this contract, the contractor agrees as follows:
(1) 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.
(2) 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. (3) 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 City of Santa Ana RFP No. 26-034A Page 26 of 39
EXHIBIT 2
City Council 12 – 53 10/20/2026

CITY OF SANTA ANA
FOR PROPOSER’S REFERENCE ONLY
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.
(4) 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.
(5) 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. (6) 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.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this 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. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) 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.
u. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment – Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements under Uniform Guidance 2 CFR §200.216. Recipient will comply with FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds on Covered Telecommunications Equipment or Services (Interim), which prohibits grant recipients and subrecipients from obligating or expending loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or to enter into a 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.

As described in Public Law 115-232, section 889, covered telecommunications equipment:
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

City of Santa Ana RFP No. 26-034A Page 27 of 39
EXHIBIT 2
City Council 12 – 54 10/20/2026

CITY OF SANTA ANA
FOR PROPOSER’S REFERENCE ONLY
(2) 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).
(3) Telecommunications or video surveillance services produced by such entities or using such equipment.
(4) 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. v. Domestic Preferences for Procurements/Subcontracts – Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements under Uniform Guidance 2 CFR §200.322.

Recipient shall comply with the federal and recipient standards in the award of any subcontracts. For purposes of this Agreement, subcontracts shall include but not be limited to purchase agreements, rental or lease agreements, third party agreements, consultant service contracts and construction subcontracts.

Recipient shall ensure that the terms of this Agreement with the CITY are incorporated into all Subcontractor Agreements. The recipient shall submit all Subcontractor Agreements to the CITY for review prior to the release of any funds to the subcontractor. The recipient shall withhold funds to any subcontractor agency that fails to comply with the terms and conditions of this Agreement and their respective Subcontractor Agreement.
(1) Recovered Materials
Recipient 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.

Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines webpage: https://www.epa.gov/smm/comprehensive-procurementguideline-cpg-program.

The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.
(2) Domestic Preference for Procurements
Recipient should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products.

For purposes of this clause:

Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

City of Santa Ana RFP No. 26-034A Page 28 of 39
EXHIBIT 2
City Council 12 – 55 10/20/2026

CITY OF SANTA ANA
FOR PROPOSER’S REFERENCE ONLY
Manufactured products mean items and construction materials 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. w. Termination for Cause and Convenience – Should recipient fail for any reason to comply with the contractual obligations of this agreement within the time specified by this Agreement, the CITY reserves the right to terminate the Agreement, reserving all rights under state and federal law. x. Contractual/Legal Remedies for Breach of Contract – Should recipient fail for any reason to comply with the contractual obligations of this Agreement and/or willfully, knowingly or negligently breach any term, condition or requirement of the agreement, City may impose sanctions including but not limited to damages (liquidated damages and or penalties) and /or any other remedy available pursuant to the Agreement of the laws then in effect.
y. Conflict of Interest - In the event a conflict of interest is identified, disciplinary action shall be determined and imposed based on the severity of the violation and may include, but is not limited to, written warnings, suspension, mandatory ethics training, reassignment of duties, or termination of employment. All disciplinary action taken/imposed, will be documented and handled in accordance with applicable federal, state and local employment laws.

City of Santa Ana RFP No. 26-034A Page 29 of 39
EXHIBIT 2
City Council 12 – 56 10/20/2026

EXHIBIT D

COSTS/FEES
EXHIBIT 2
City Council 12 – 57 10/20/2026
EXHIBIT 2
City Council 12 – 58 10/20/2026

EXHIBIT E

INSURANCE REQUIREMENTS
EXHIBIT 2
City Council 12 – 59 10/20/2026

CITY OF SANTA ANA
FOR PROPOSER’S REFERENCE ONLY
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant.

MINIMUM SCOPE AND LIMIT OF INSURANCE

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies.

2. Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance, provided that such policy is endorsed for business use and provides coverage with a minimum limit of $1,000,000. Required policy limits can be met with primary and umbrella/excess insurance policies.

3. Workers’ Compensation (WC): as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance.

4. Professional Liability (PL): with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate.

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

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

1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant’s CGL and AL policies, with respect to any liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, equipment, and personnel furnished in connection with such work or operations.

2. Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of Consultant’s CGL, AL, and WC policies which arise from work performed by Consultant under this Agreement.

3. For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.

4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability.

5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium.

6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: (Name of Department Staff Responsible for Agreement), Address of Department Responsible for Agreement, MEXHIBIT 3 –

INSURANCE REQUIREMENTS
City of Santa Ana RFP No. 26-034A Page 22 of 39
EXHIBIT 2
City Council 12 – 60 10/20/2026

CITY OF SANTA ANA
FOR PROPOSER’S REFERENCE ONLY
XX, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

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

Verification of Coverage
Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins.

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

City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

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

City of Santa Ana RFP No. 26-034A Page 23 of 39
EXHIBIT 2
City Council 12 – 61 10/20/2026

Page 1 of 8 ends

AGREEMENT TO PROVIDE ON-CALL AFFORDABLE HOUSING

FINANCIAL, ANALYTICAL, AND ADVISORY SERVICES
THIS AGREEMENT is made and entered into this 20th day of October, 2026, by and between Harris & Associates, Inc., a California corporation sultant and jointly the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and ority of the City of Santa Ana, a

RECITALS
A. On August 20, 2026, the City issued Request for Proposals No. 26-034A P , by which it sought one or more consultants to provide affordable housing financial, analytical and advisory services for the City. The scope of work may include any and all comprehensive financial, real estate, land use, compliance monitoring, and advisory services related to housing and community and economic development activities. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the Scope of Work that was included in the RFP. The RFP is referenced herein as if incorporated in full. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field.

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

1. SCOPE OF SERVICES
On an as-needed basis, and at the sole discretion of City, Consultant shall perform the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services that are described in Scope of Work - Exhibit A, as well as Consultant proposed work plan attached hereto as Exhibit B. IV), also attached hereto as Exhibit C.

2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit D. Consultant is one of three (3) Consultants selected to provide affordable housing EXHIBIT 3
City Council 12 – 62 10/20/2026

Page 2 of 8 ends

financial, analytical, and advisory services on an as needed basis under the RFP.

The total compensation for services provided by all Consultants selected under the RFP is a collective amount not to exceed Three Hundred Thousand Dollars ($300,000.00) during the term of the Agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures.

City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant provide required documentation. Upon verification of the data provided, the City financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City.

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

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

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

Consultant represents and warrants that Consultant has the legal right to license any and all EXHIBIT 3
City Council 12 – 63 10/20/2026

Page 3 of 8 ends

Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within

6. INSURANCE
Insurance requirements are attached hereto as Exhibit E. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the negligence, recklessness, or willful misconduct of Consultant, its subcontractors, agents, or employees referred to in this Section. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding.

Notwithstanding the foregoing, to the extent Consultant Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend, indemnify and hold harmless the City, its officers, agents, represe
product or documents provided by Consultant to the City pursuant to this Agreement.

9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by EXHIBIT 3
City Council 12 – 64 10/20/2026

Page 4 of 8 ends

law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.

10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.

11. CONFLICT OF INTEREST CLAUSE
a. Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Consultant or have any other direct or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution
d. The Consultant must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement.

The Consultant warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Consultant hereafter becomes aware of any facts that EXHIBIT 3
City Council 12 – 65 10/20/2026

Page 5 of 8 ends

might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement.
e. Consultant covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and (c) above.

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

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

14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without Agreement performed by City personnel or by other consultants retained by City.

15. TERMINATION
EXHIBIT 3
City Council 12 – 66 10/20/2026

Page 6 of 8 ends

This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals and Scope of Work of this Agreement.

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

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

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

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

EXHIBIT 3
City Council 12 – 67 10/20/2026

Page 7 of 8 ends

To City: City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Executive Director
Community Development Agency
City of Santa Ana
20 Civic Center Plaza (M-27)
P.O. Box 1988
Santa Ana, CA 92702
To Consultant: Harris & Associates, Inc.

Attn: Dima Galkin
101 Progress, Suite 250
Irvine, CA 92618
Tel: 925-969-8001
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
{Signatures on following page}
EXHIBIT 3
City Council 12 – 68 10/20/2026

Page 8 of 8 ends

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

ATTEST: CITY OF SANTA ANA
________________________ _________________________
JENNIFER HALL ALVARO NUÑEZ
City Clerk/Recording Secretary City Manager

APPROVED AS TO FORM HOUSING AUTHORITY OF THE
SONIA R. CARVALHO CITY OF SANTA ANA
City Attorney/General Counsel
By: _____________________ ____________________________ ANDREA N. GARCIA SYLVIA VAZQUEZ Sr. Assistant City Attorney/ Deputy City Manager
Sr. Assistant Counsel Secretary/Acting Executive Director Community Development Agency
CONSULTANT ____________________________ By:

Title:

EXHIBIT 3
City Council 12 – 69 10/20/2026

EXHIBIT A

SCOPE OF SERVICES
EXHIBIT 3
City Council 12 – 70 10/20/2026

CITY OF SANTA ANA
Consultant shall perform services as set forth below.

The City of Santa Ana and the Santa Ana Housing Authority (City) intend to contract with one or more consultants to serve in a full-service capacity for purposes of advising the City, as needed, on all financial, real estate, and land use matters and programs of work involving housing. Work will be provided based on availability and specialization with priority given to the highest-ranked firm. The selected consultant may be asked to provide the following scope of services:
i. Market and Financial Analysis of Projects with an Affordable Housing Component a. Complete subsidy layering and leveraging analyses to quantify the appropriate level of financial assistance for a project.
b. Perform financial analysis and/or subsidy layering analysis for the structuring of the City’s financial assistance for a project. Analysis should be completed to satisfy funding requirements, including but not limited to the HOME Program.
c. Prepare developer solicitation documentation, analyze development proposals, participate in negotiations and assist with transaction structuring.
d. Perform analyses in relation to the City’s inclusionary housing ordinance and inclusionary housing fund, from the calculation and setting of in-lieu fees to the full design of the inclusionary housing ordinance with all of its provisions. e. Perform financial, real estate and land use analyses in connection with affordable, mixedincome and private market projects including affordable and market-rate rental and ownership housing.
f. Prepare policies and procedures manuals that are used to implement the City’s inclusionary housing ordinance, HOME Program, down payment assistance program, and/or any other affordable housing program and grant, including manuals for developers, tenants and home buyers.
g. Provide affordable housing transaction structuring services. h. Provide bond advisory services.
ii. Proforma and Project Analysis
a. Review the proposed scope of development, conceptual development plans, the developer' s pro forma analysis, and any additional available information that describes the proposed project. Clarify any questions regarding the project and identify any major financial issues with the proposed development plan.
b. Prepare an initial pro forma analysis to estimate the financial gap associated with the proposed project.
c. Review and analyze construction and operating budgets. iii. Compliance Monitoring: Affordability Covenants and Operating Budgets a. Structure housing projects funded with multiple assistance sources and monitor the completed projects to ensure continuing compliance with the income and affordability covenants. b. Review operating budgets, quarterly financial reports and annual audited financial statements to ensure that projects are operating appropriately. Identify any operational issues or concerns, and work with the City to address these issues with project owners.

EXHIBIT 1 –

SCOPE OF SERVICES
City of Santa Ana RFP No. 26-034A Page 14 of 39
EXHIBIT 3
City Council 12 – 71 10/20/2026

CITY OF SANTA ANA
iv. Compliance Monitoring: Residual Receipts Calculations and Loan Repayment Compliance a. Evaluate and monitor affordable housing operations and ensure compliance with residual receipts loan repayment terms. Review the annual audited financial statements and operating statements to determine any residual receipts payments due. v. For any project that includes Housing Asset Funds, quantify the allocation of Housing Asset Funds per the expenditure requirements imposed by California Health and Safety Code Section 34176.1. vi. Provide evaluation services related to density bonus applications submitted under State Density Bonus Law. Prepare financial analyses that can be used to evaluate density bonus applications including: the required number of affordable units; the requested density bonus; the value of any requested incentives and concessions; and the impact created by any requested development standards waivers. vii. Review loan documents, ground leases, regulatory agreements, and any other legal or administrative document required for housing projects.
viii. Ensure the City meets all of the legal and administrative requirements of the Surplus Lands Act (SLA).

Prepare any and all documents as needed to comply with the SLA. ix. Compile and analyze general economic, real estate and land use data regarding housing. x. Review Capital Needs Assessments.
xi. General real estate advisory services.
xii. Attend City Council, Housing Authority, Community Development Commission, and any other meetings, as needed.

The services listed above are not meant to be exhaustive or exclusive to affordable housing, and may include any form of general land use and real estate development services for housing, community and economic development purposes.

Responding firms are encouraged to review this Scope of Services, and to recommend any additions they might see as appropriate.

City of Santa Ana RFP No. 26-034A Page 15 of 39
EXHIBIT 3
City Council 12 – 72 10/20/2026

EXHIBIT B

CONSULTANT WORK PLAN
EXHIBIT 3
City Council 12 – 73 10/20/2026
EXHIBIT 3
City Council 12 – 74 10/20/2026
EXHIBIT 3
City Council 12 – 75 10/20/2026
EXHIBIT 3
City Council 12 – 76 10/20/2026
EXHIBIT 3
City Council 12 – 77 10/20/2026
EXHIBIT 3
City Council 12 – 78 10/20/2026
EXHIBIT 3
City Council 12 – 79 10/20/2026
EXHIBIT 3
City Council 12 – 80 10/20/2026

EXHIBIT C

FEDERAL REGULATIONS
EXHIBIT 3
City Council 12 – 81 10/20/2026

CITY OF SANTA ANA
FOR PROPOSER’S REFERENCE ONLY
a. Federal Regulations – Recipient must comply with the government cost principles, uniform administrative requirements and audit requirements for federal grant program housed within Title 2, Part 200 of the Code of Federal Regulations.
b. Debarment and Suspension – As required by Executive Orders 12549 and 12689, and 2 CFR §200.214 and codified in 2 CFR Part 180, Recipient must provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. c. Audit Records – With respect to all matters covered by this agreement all records shall be made available for audit and inspection by CITY, the grant agency and/or their duly authorized representatives for a period of three (3) years from the date of submission of the final expenditure report by the City of Santa Ana. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Recipient shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Recipient shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Recipient, upon request during usual working hours. d. Reports – Recipient shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. e. Section 504 of the Rehabilitation Act of 1973 (Handicapped) – All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Recipient agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors. f. Americans with Disabilities Act of 1990 – (ADA) Recipient must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. g. Political Activity – None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act". h. No Lobbying – Recipient will comply with all applicable lobbying prohibitions and laws, including those found in the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352, et seq.), and agrees that none of the funds provided under this award may be expended by the Recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement.

EXHIBIT 4 –

FEDERAL REGULATIONS
City of Santa Ana RFP No. 26-034A Page 24 of 39
EXHIBIT 3
City Council 12 – 82 10/20/2026

CITY OF SANTA ANA
FOR PROPOSER’S REFERENCE ONLY
i. Non-Discrimination and Equal Opportunity – Recipient will comply, and all its contractors (or subrecipients) will comply, with Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment Act of 1972, as amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of 1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Recipient makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Recipient will forward a copy of the findings to CITY which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice.

If applicable, recipient will comply with the equal opportunity clause in 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375. j. Equal Employment Opportunity – Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable. k. Public Contracts Code – Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the California Public Contract Code Section 10295.3, as applicable. l. Copeland “Anti-Kickback” Act – Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Copeland “Anti-Kickback” Act (40 U.S.C. 3145) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable. m. Davis-Bacon Act – Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Davis-Bacon Act (40 U.S.C. 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. n. Work Hours and Safety – Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3702 and 3704) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. o. Clean Air Act –
(1) The 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) The contractor agrees to report each violation to CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. p. Energy and Conservation – Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (42 U.S.C. 6201), as applicable.

City of Santa Ana RFP No. 26-034A Page 25 of 39
EXHIBIT 3
City Council 12 – 83 10/20/2026

CITY OF SANTA ANA
FOR PROPOSER’S REFERENCE ONLY
q. Waste Disposal – Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as applicable.
r. Patent Rights – Recipient agrees that the Department of Homeland Security shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement based on the requirements of 37 CFR§ 401 and any other implementing regulations, as applicable.
s. Copyright – Recipient may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency (SAA) and City reserve a royalty-free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA and/or City purpose:
(1) the copyright in any work developed through this Agreement; and (2) any rights of copyright to which the subcontractor purchases ownership with support through this grant. The Federal government’s, SAA’s and City’s rights identified above must be conveyed to the publisher and the language of the publisher’s release form must ensure the preservation of these rights.
t. Equal Employment in Construction Contracts – Pursuant to Equal Employment Opportunity requirements of 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375, as to any construction contract thereunder, if applicable, during the performance of this contract, the contractor agrees as follows:
(1) 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.
(2) 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. (3) 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 City of Santa Ana RFP No. 26-034A Page 26 of 39
EXHIBIT 3
City Council 12 – 84 10/20/2026

CITY OF SANTA ANA
FOR PROPOSER’S REFERENCE ONLY
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.
(4) 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.
(5) 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. (6) 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.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this 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. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) 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.
u. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment – Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements under Uniform Guidance 2 CFR §200.216. Recipient will comply with FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds on Covered Telecommunications Equipment or Services (Interim), which prohibits grant recipients and subrecipients from obligating or expending loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or to enter into a 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.

As described in Public Law 115-232, section 889, covered telecommunications equipment:
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

City of Santa Ana RFP No. 26-034A Page 27 of 39
EXHIBIT 3
City Council 12 – 85 10/20/2026

CITY OF SANTA ANA
FOR PROPOSER’S REFERENCE ONLY
(2) 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).
(3) Telecommunications or video surveillance services produced by such entities or using such equipment.
(4) 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. v. Domestic Preferences for Procurements/Subcontracts – Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements under Uniform Guidance 2 CFR §200.322.

Recipient shall comply with the federal and recipient standards in the award of any subcontracts. For purposes of this Agreement, subcontracts shall include but not be limited to purchase agreements, rental or lease agreements, third party agreements, consultant service contracts and construction subcontracts.

Recipient shall ensure that the terms of this Agreement with the CITY are incorporated into all Subcontractor Agreements. The recipient shall submit all Subcontractor Agreements to the CITY for review prior to the release of any funds to the subcontractor. The recipient shall withhold funds to any subcontractor agency that fails to comply with the terms and conditions of this Agreement and their respective Subcontractor Agreement.
(1) Recovered Materials
Recipient 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.

Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines webpage: https://www.epa.gov/smm/comprehensive-procurementguideline-cpg-program.

The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.
(2) Domestic Preference for Procurements
Recipient should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products.

For purposes of this clause:

Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

City of Santa Ana RFP No. 26-034A Page 28 of 39
EXHIBIT 3
City Council 12 – 86 10/20/2026

CITY OF SANTA ANA
FOR PROPOSER’S REFERENCE ONLY
Manufactured products mean items and construction materials 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. w. Termination for Cause and Convenience – Should recipient fail for any reason to comply with the contractual obligations of this agreement within the time specified by this Agreement, the CITY reserves the right to terminate the Agreement, reserving all rights under state and federal law. x. Contractual/Legal Remedies for Breach of Contract – Should recipient fail for any reason to comply with the contractual obligations of this Agreement and/or willfully, knowingly or negligently breach any term, condition or requirement of the agreement, City may impose sanctions including but not limited to damages (liquidated damages and or penalties) and /or any other remedy available pursuant to the Agreement of the laws then in effect.
y. Conflict of Interest - In the event a conflict of interest is identified, disciplinary action shall be determined and imposed based on the severity of the violation and may include, but is not limited to, written warnings, suspension, mandatory ethics training, reassignment of duties, or termination of employment. All disciplinary action taken/imposed, will be documented and handled in accordance with applicable federal, state and local employment laws.

City of Santa Ana RFP No. 26-034A Page 29 of 39
EXHIBIT 3
City Council 12 – 87 10/20/2026

EXHIBIT D

COSTS/FEES
EXHIBIT 3
City Council 12 – 88 10/20/2026
EXHIBIT 3
City Council 12 – 89 10/20/2026

EXHIBIT E

INSURANCE REQUIREMENTS
EXHIBIT 3
City Council 12 – 90 10/20/2026

CITY OF SANTA ANA
FOR PROPOSER’S REFERENCE ONLY
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant.

MINIMUM SCOPE AND LIMIT OF INSURANCE

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies.

2. Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance, provided that such policy is endorsed for business use and provides coverage with a minimum limit of $1,000,000. Required policy limits can be met with primary and umbrella/excess insurance policies.

3. Workers’ Compensation (WC): as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance.

4. Professional Liability (PL): with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate.

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

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

1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant’s CGL and AL policies, with respect to any liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, equipment, and personnel furnished in connection with such work or operations.

2. Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of Consultant’s CGL, AL, and WC policies which arise from work performed by Consultant under this Agreement.

3. For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.

4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability.

5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium.

6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: (Name of Department Staff Responsible for Agreement), Address of Department Responsible for Agreement, MEXHIBIT 3 –

INSURANCE REQUIREMENTS
City of Santa Ana RFP No. 26-034A Page 22 of 39
EXHIBIT 3
City Council 12 – 91 10/20/2026

CITY OF SANTA ANA
FOR PROPOSER’S REFERENCE ONLY
XX, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

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

Verification of Coverage
Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins.

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

City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

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

City of Santa Ana RFP No. 26-034A Page 23 of 39
EXHIBIT 3
City Council 12 – 92 10/20/2026
Planning and Building Agency
www.santa-ana.gov/pb
Item # 13
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 20, 2026
TOPIC: Approval of Historic Property Preservation Agreements

AGENDA TITLE
Historic Property Preservation Agreements for the Properties Located at 1123 N. Lowell Street, 2339 N. Valencia Street, and 915 W. Riviera Drive

RECOMMENDED ACTION

1. Authorize the City Manager or designee to execute Mills Act agreements with the following property owners:
a. William Grant and Emily Ann Bettencourt, Co-Trustees of The WGB and EAB Family Trust, U/A dated December 19, 2024, for the property located 1123 N. Lowell Street (Agreement No. A-2026-XXX);
b. Carlos Bustamante, Trustee of The Bustamante Family Revocable Living Trust Dated 9-23-2020, for the property located at 2339 N. Valencia Street (Agreement No. A-2026-XXX); and
c. Claire Jackson, Trustee of The Claire Jackson Trust, Dated 8/16/2025, for the property located at 915 W. Riviera Drive (Agreement No. A-2026-XXX).

2. Determine that the proposed projects are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption/Environmental Review Nos. 2026-057, 2026-059, and 2026-060 will be filed for the projects.

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
On September 28, 2026, the Planning Commission (PC) recommended that the City Council authorize the City Manager to execute the Mills Act agreements listed in Table 1 on the following page with the identified property owners for historic structures in the City, subject to non-substantive changes approved by the City Manager and City Attorney. This action allows for the approval of Historic Property Preservation Agreements (HPPA/Mills Act Contract) which provide a property tax reduction whereby property owners agree to City Council 13 – 1 10/20/2026
Approval of Historic Property Preservation Agreement
October 20, 2026

Page 2 ends

reinvest the tax savings towards the maintenance of the historic property. Additionally, the agreements prevent inappropriate alterations to the protected historic structures.

Table 1: Mills Act Agreements Approved by the Planning Commission (PC) Property Owner
Historic Property
Preservation
Agreement No.

Address/House Vote by PC
William Grant and Emily
Ann Bettencourt, CoTrustees of The WGB
and EAB Family Trust,
U/A dated December 19,
2024
2026-3 1123 N. Lowell Street
5:0:0:2 (Chair Ramos
and Commissioner
Oliva absent)
Carlos Bustamante,
Trustee of The
Bustamante Family
Revocable Living Trust
Dated 9-23-2020
2026-4 2339 N. Valencia Street
5:0:0:2 (Chair Ramos
and Commissioner
Oliva absent)
Claire Jackson, Trustee
of The Claire Jackson
Trust, Dated 8/16/2025
2026-5 915 W. Riviera Drive
5:0:0:2 (Chair Ramos
and Commissioner
Oliva absent)

ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the proposed action is exempt from further review. Categorical Exemptions, Environmental Review Nos. 2026- 057, 2026-059 and 2026-060, will be filed for this project.

FISCAL IMPACT
The Historic Property Preservation Agreements will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $3,019 annually, as noted below, for a period of not less than ten years.

HPPA No. Address Estimate Exhibit No.
2026-3 1123 N. Lowell Street $670.89 1-2
2026-4 2339 N. Valencia Street $1,270.50 3-4
2026-5 915 W. Riviera Drive $1,077.70 5-6
Total: $3,019.09

EXHIBITS

1. Mills Act Agreement – 1123 N. Lowell Street

2. PC Staff Report – 1123 N. Lowell Street

3. Mills Act Agreement – 2339 N. Valencia Street

4. PC Staff Report – 2339 N. Valencia Street

5. Mills Act Agreement – 915 W. Riviera Drive

6. PC Staff Report – 915 W. Riviera Drive
City Council 13 – 2 10/20/2026
Approval of Historic Property Preservation Agreement
October 20, 2026

Page 3 ends

Submitted By: Ali Pezeshkpour, AICP, Executive Director of the Planning and Building Agency
Approved By: Alvaro Nuñez, City Manager
City Council 13 – 3 10/20/2026

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 The WGB and EAB Family Trust, U/A dated December 19, 2024 (hereinafter collectively referred to as “Owner”), owner of real property located at 1123 N. Lowell 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 1123 N. Lowell Street, Santa Ana, CA, 92703 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 13 – 4 10/20/2026

MILLS ACT AGREEMENT
1123 N. Lowell Street
Santa Ana, CA 92703
- 2 -
E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code.

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

1. Effective Date and Terms of Agreement.

This Agreement shall be effective and commence on October 21, 2026, 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, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City.

City Council 13 – 5 10/20/2026

MILLS ACT AGREEMENT
1123 N. Lowell Street
Santa Ana, CA 92703
- 3 -
b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior’s Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition.
c. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public.
d. The following are prohibited: demolition of the Historic Property or destruction of character-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Planning Commission; paving of yard surface; exterior alterations or additions unless approved by the Planning 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” or “Work Plan” and the City Council Historic Property Preservation Agreement (HPPA No. 2026-3) staff report dated October 20, 2026.

All work items shall be completed within the first ten years of the Mills Act Agreement, with specific items completed within the first five years including: assess all siding (lap wood and brick) for cracking and other damage and replace or repair in-kind with Planning Division staff approval; assess condition of windows and replace in-kind, as necessary with Planning Division staff approval; assess condition of roofing (composition shingles) and fascia and repair or replace inkind, as necessary with Planning Division staff approval; Assess condition of exterior brick chimney and repair or replace in-kind, as necessary with Planning Division staff approval; and assess hardscaping, including driveway, walkways, and porch/patio steps and flooring, throughout the residence and repair or replace in-kind, as necessary and with Planning Division staff approval.

Proof of completion, as requested by the City of Santa Ana, will be required in order to satisfy and City Council 13 – 6 10/20/2026

MILLS ACT AGREEMENT
1123 N. Lowell Street
Santa Ana, CA 92703
- 4 -
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 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 13 – 7 10/20/2026

MILLS ACT AGREEMENT
1123 N. Lowell Street
Santa Ana, CA 92703
- 5 -
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 1123 N. Lowell Street, Assessor Parcel Number, 405-283-02, 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 13 – 8 10/20/2026

MILLS ACT AGREEMENT
1123 N. Lowell Street
Santa Ana, CA 92703
- 6 -
Owner: William Grant Bettencourt and Emily Ann Bettencourt, co-Trustees of The WGB and EAB Family Trust, U/A dated December 19, 2024
1123 N. Lowell Street
Santa Ana, CA 92703

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.

City Council 13 – 9 10/20/2026

MILLS ACT AGREEMENT
1123 N. Lowell Street
Santa Ana, CA 92703
- 7 -
g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County.

11. Recordation.

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

12. Amendments.

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

13. Effective Date
This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows}
City Council 13 – 10 10/20/2026

MILLS ACT AGREEMENT
1123 N. Lowell Street
Santa Ana, CA 92703
- 8 -
ATTEST: CITY OF SANTA ANA
________________________ _________________________
JENNIFER L. HALL ALVARO NUÑEZ
City Clerk City Manager
OWNER
Date: ___________________ By:__________________

WILLIAM GRANT BETTENCOURT
Co-Trustee of the WGB and EAB Family
Trust, U/A dated December 19, 2024
Date: ___________________ By:__________________

EMILY ANN BETTENCOURT
Co-Trustee of the WGB and EAB Family
Trust, U/A dated December 19, 2024
APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL:

SONIA CARVALHO
City Attorney
By: _____________________ _____________________
MELISSA M. CROSTHWAITE ALI PEZESHKPOUR
Senior Assistant City Attorney Executive Director
Planning and Building Agency
City Council 13 – 11 10/20/2026

MILLS ACT AGREEMENT
1123 N. Lowell Street
Santa Ana, CA 92703
- 8 -
ATTEST: CITY OF SANTA ANA
________________________ _________________________
JENNIFER L. HALL ALVARO NUÑEZ
City Clerk City Manager
OWNER
Date: ___________________ By:__________________

WILLIAM GRANT BETTENCOURT
Co-Trustee of the WGB and EAB Family
Trust, U/A dated December 19, 2024
Date: ___________________ By:__________________

EMILY ANN BETTENCOURT
Co-Trustee of the WGB and EAB Family
Trust, U/A dated December 19, 2024
APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL:

SONIA CARVALHO
City Attorney
By: _____________________ _____________________
MELISSA M. CROSTHWAITE ALI PEZESHKPOUR
Senior Assistant City Attorney Executive Director
Planning and Building Agency
09/30/2026
09/30/2026
City Council 13 – 12 10/20/2026

MILLS ACT AGREEMENT
1123 N. Lowell Street
Santa Ana, CA 92703
- 9 -

EXHIBIT A

LEGAL DESCRIPTION

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

LOT 44 OF TRACT NUMBER 354, HUNTINGTON SQUARE, IN THE CITY OF SANTA

ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 15, PAGE 26 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

Assessor’s Parcel Number: 405-283-02
City Council 13 – 13 10/20/2026
Exhibit B

EXECUTIVE SUMMARY
F.B. Rogers-Dickson House
1123 N. Lowell Street
Santa Ana, CA 92703
NAME F.B. Rogers-Dickson House REF. NO.

ADDRESS 1123 N. Lowell Street
CITY Santa Ana ZIP 92706 ORANGE COUNTY
YEAR BUILT 1933 LOCAL REGISTER CATEGORY: Contributive
HISTORIC DISTRICT N/A NEIGHBORHOOD Washington Square
CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: Not for Publication Unrestricted
Prehistoric Historic Both
ARCHITECTURAL STYLE: Tudor Revival
The Tudor Revival looked to medieval England for its inspiration. Signature features of the style include steeply pitched gables; decorative half-timbering; arched openings, often Tudor or Gothic in form; asymmetrical arrangements of building features; tall brick chimneys; and picturesque windows of leaded glass or diamond patterned lights. The more ambitious examples of the Tudor Revival were executed in brick or even stone; however, stucco over wood frame is quite common in the forgiving climate of southern California. The Tudor Revival was favored primarily for residential buildings, although small scale commercial buildings in the style also occur. Originating in the late 19th century, the Tudor Revival was associated with some Craftsman era building but was most popular during the 1920s and 1930s.

SUMMARY/CONCLUSION:

The F.B. Rogers-Dickson House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Tudor Revival-style home in Santa Ana. The recommended categorization is “Contributive” because it is a good example of the style and contributes to the historical and architectural character of its neighborhood. (Santa Ana Municipal Code, Section 30-2.3).

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 13 – 14 10/20/2026
State of California  The Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code____5S3____________________________
Other Listings_____________________________________________________________________ Review Code________ Reviewer________________________ Date_______________ Page _1_ of _5_ Resource name(s) or number (assigned by recorder) F.B. Rogers-Dickson House P1. Other Identifier:
*P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad: Anaheim, CA 7.5-Minute Series Date: 2022 *c. Address 1123 North Lowell Street City: Santa Ana Zip: 92703 *e. Other Locational Data: Assessor’s Parcel Number 405-283-02 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located on a mid-block parcel in the Washington Square neighborhood, the F.B. Rogers-Dickson House consists of a onestory, single-family residence and detached garage constructed in the Tudor Revival style (Figure 1). The parcel is bounded on the west by North Lowell Street and on the north, south, and west by private properties. The one story residence has an irregular shaped plan and a concrete foundation. Its steeply pitched cross-gabled roof clad is in composition shingles, and the exterior walls are sheathed in horizontal plywood planks. Facing North Lowell Street to the west, the asymmetrical main façade is characterized by a wood paneled front door with a fan lite sited within a front-gabled extension with a sloped roof and accessible by concrete steps. The primary façade is also characterized by wood frame double hung sash windows with original wood louvered shutters (Figure 2).

The north elevation features an exterior brick chimney, triangular-shaped wood louvered vent in the gable, and three wood frame double hung sash windows, two that are one-over-one and the third that is six-over-six (Figure 3). (See Continuation Sheet 3 of 6.)
*P3b. Resource Attributes: (list attributes and codes) HP2. Single-Family Residence *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date)
(Figure 1) Primary (west) facade, view
northeast, April 2026
*P6. Date Constructed/Age and
Sources: Historic
1933, Assessor data
*P7. Owner and Address:

Grant and Emily Bettencourt
1123 N. Lowell Street
Santa Ana, CA 92703
*P8. Recorded by:

Ashley Losco
City of Santa Ana
20 Civic Center Plaza M-20
Santa Ana, CA 92702
*P9. Date Recorded:

September 28, 2026
*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 13 – 15 10/20/2026
State of California  The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________

BUILDING, STRUCTURE, AND OBJECT RECORD

Page 2 of 5 ends

*Resource Name or #: F.B. Rogers-Dickson House
B1. Historic Name: F.B. Rogers-Dickson House
B2. Common Name: Same
B3. Original Use: Single-family residence B4. Present Use: Single-family residence *B5. Architectural Style: Tudor Revival
*B6. Construction History: (Construction date, alterations, and date of alterations):
1933: Residence and detached garage constructed by F.B. Rogers. Valuation of $2500. 1991: Re-roof residence and garage. Valuation of $1955 and $300. 2020: Residence re-roofed. Valuation unknown.

The original front door was reeplaced at an unidentified time. No other alterations were noted. *B7. Moved? No Yes Unknown Date:__________ Original location:_______ _______ *B8. Related Features: N/A
B9a. Architect: Not Identified b. Builder: F.B. Rogers
*B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1933 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 F.B. Rogers-Dickson House is architecturally significant as an intact example of a Tudor Revival-style house in Santa Ana. The original building permit indicates the property was constructed in 1933 as a single-family residence and detached garage at a cost of $2500 for and by F.B. Rogers. Mr. George H. and Mrs. Winona M. J. Dickson likely purchased the property from Rogers in 1934 and occupied the residence from 1934 to circa 1968 (The Register 1934, 1968; Santa Ana City Directory 1934). Mrs. Dickson's mother, Martha Jessen, lived with them for five years before she passed away in 1957 (The Register 1957). Mrs. Jessen and her husband were early settlers of Santa Ana, moving to the area in circa 1881. City directories don't list George's nor Winona's occupations, and though George passed away in 1947, Winona continued to live at the property until her death in 1968. Research did not identify any residents in the 1970s and identified one owner from 1981, Daniel A. Smith (City of Santa Ana Building Permits). (See Continuation Sheet 3).

B11. Additional Resource Attributes: (List attributes and codes) *B12. References:
(See Continuation Sheet 4 of 5.)
B13. Remarks: None
*B14. Evaluator: Ashley Losco, City of Santa Ana.
*Date of Evaluation: September 28, 2026
DPR 523B (1/95) *Required information
Sketch Map
(This space reserved for official comments.)
N
F.B. Rogers-Dickson House
1123 N. Lowell Street OLIVE
LOWELL
City Council 13 – 16 10/20/2026
State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________

Page 3 ends

*Recorded by Ashley Losco *Date September 28, 2026  Continuation  Update DPR 523L
*P3a. Description (continued):

The rear, east façade faces an enclosed grassy backyard and concrete patio (Figures 4). There are two front gable extensions on the north and south side of the east elevation with the concrete patio inbetween. Each extension has original one-over-one wood frame sash windows, and the north extension features a secondary entrance with a non-original glazed door and concrete steps (Figure 5). A portion of the patio sits under the primary roofline with another secondary entrance with an original divided lite wood frame door, wood frame screen, and wood frame side lites (Figure 6). The south facade features four original one-over-one wood frame double-hung sash window and two small wood frame fixed pane windows (Figure 7).

An original concrete Hollywood driveway runs along the north elevation from North Lowell Street to the detached garage (Figure 8). Rectangular in plan, the garage sits on a concrete foundation and capped with a front-gabled roof clad in composition shingles with overhanging eaves on the north and south elevations. The exterior is clad in horizontal wood board siding, and with vehicle access by way of a non-original roll-up garage door located on the west elevation (Figure 9). The south elevation of the garage has an entrance with a non-original paneled and glazed door.

The front of the property is set back from North Lowell Street with a grassy lawn and ornamental plantings. A paved walkway leads to the front door, and concrete pavers run from the Hollywood drive way to the front door. The rear yard has a concrete patio, grassy lawn, and mature trees.
*B10. Significance (continued):

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

The F.B. Rogers-Dickson House is located in Washington Square, a neighborhood located northwest of the city center bounded by West Seventeenth Street on the north, West Civic Center Drive on the south, North Flower Street on the east, and North Bristol Street on the west. Most of this area was owned by the family of Jacob Ross, who had purchased portions of the Rancho Santiago de Santa Ana in 1868 and 1869. Walnuts and other crops were grown in the area during the late nineteenth and early twentieth centuries, with a few farmhouses, most notably the Ross-McNeal House at 1020 North Baker Street, dotting the landscape. By 1905, Baker and Towner were the only streets in the neighborhood, which extended from Hickey (now Civic Center) only as far as Washington and which contained only about a dozen homes. The status quo had not changed much by 1915, when a brick yard was located at the northern terminus of Olive Street at Hickey. In 1925, the beginning of the development that would convert this largely agricultural area into a middle class neighborhood of singlefamily homes over the next 25 years had begun. In the late 1920s and early 1930s, the Tudor Revival and Spanish Colonial Revival homes were the standard, with American Colonial Revival saltboxes and ranch style homes favored in the years before and after World War II. During the 1930s, many of the homes were built by local contractor Emmett Rogers, who sold lots and built homes according to standard plans, which individual property owners could customize to their tastes ("Washington Square: A Neighborhood of Pride," Washington Square Neighborhood Association). With the return of servicemen following the war and the accompanying demand for homes in southern California, the development of Washington Square was all but completed.

The F.B. Rogers-Dickson House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Tudor Revival-style home in Santa Ana. Located in Washington Square, the house was constructed in 1933. The recommended categorization is “Contributive” because it contributes to the overall character and history of its neighborhood, is a good example of period architecture (Santa Ana Municipal Code, Section 30-2.3). Character-defining features of the house’s original Tudor Revival-style construction include, but are not necessarily limited to, moderately pitched side gable roof with sloped front gabled entrance, wood sash windows throughout, wood louvered shutters, exterior brick chimney, central rear patio entrance wood and glazed door and side lites, and the ribbon/Hollywood driveway. *B12. References (continued):

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

The Register. “Council Thanked for Liquor Law”. October 16, 1934. Accessed through Newspapers.com. _____. “Mrs. Jessen is Honored on 85th Anniversary”. October 7, 1944. Accessed through Newspapers.com. _____. “97-Year-Old Orange County Pioneer Dies”. April 23, 1957. Accessed through Newspapers.com. _____. “Winona M.J. Dickson”. July 16, 1968. Accessed through Newspapers.com.

Santa Ana, City of. Building Permits for 1123 North Lowell Street from 1933 to 2020.

City Council 13 – 17 10/20/2026
State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________

Page 4 ends

*Recorded by Ashley Losco *Date September 28, 2026  Continuation  Update DPR 523L
Additional Figures:

Figure 2. The primary, west façade features a wood paneled door within a front-gabled entrance and wood windows and shutters. Facing east. Figure 3. The north façade features an exterior brick chimney and three double-hung wood frame sash windows. Facing
southeast.

Figure 4. The rear, east elevation has two front gable
extensions and a central secondary entrance. Facing
northwest.

Figure 5. The north and east elevations have double-hung wood windows and a secondary entrance. Facing southwest.

Figure 6. Agjacent to the recessed patio, the rear, east façade has a secondary entrance with an original divided lite wood frame door and side lites.Facing west.

Figure 7. The south elevation has two large and two small sash windows and two fixed pane windows. Facing southwest.

City Council 13 – 18 10/20/2026
State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________

Page 5 ends

*Recorded by Ashley Losco *Date September 28, 2026  Continuation  Update DPR 523L
Figure 8. An original Hollywood driveway runs along the north façade of the residence to the detached garage. Facing east.

Figure 9. The detached garage is located northeast of the residence. Facing east.

City Council 13 – 19 10/20/2026

MILLS ACT AGREEMENT
1123 North Lowell Street
Santa Ana, CA 92703
- 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, and such design is compatible with City Council 13 – 20 10/20/2026

MILLS ACT AGREEMENT
1123 North Lowell Street
Santa Ana, CA 92703
- 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 13 – 21 10/20/2026
Exhibit D: Proposed Structure Improvements (“Work Plan”) 1123 N. Lowell Street
Item Year Improvement
1 2029 Assess all siding (lap wood and brick) for cracking and other damage; replace or repair in-kind with staff approval.
2 2031 Assess condition of windows; replace in-kind, as necessary with staff approval. 3 2033 Assess condition of roofing (composition shingles) and fascia and repair or replace in-kind, as necessary with staff approval.
4 2035 Assess condition of exterior brick chimney and repair or replace in-kind, as necessary with staff approval.
5 2036 Assess hardscaping, including driveway, walkways, and porch/patio steps and flooring, throughout the residence and repair or replace in-kind, as necessary and with staff approval.

City Council 13 – 22 10/20/2026
Planning and Building Agency
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Planning Commission Staff Report
September 28, 2026
Topic: HRCA No. 2026-8, HRC No. 2026-3, HPPA No. 2026-3 – The F.B. RogersDickson House (1123 N. Lowell Street)

RECOMMENDED ACTIONS

1. Adopt a resolution approving Historic Resources Commission Application No. 2026-8 and Historic Register Categorization No. 2026-3; and

2. Recommend that the City Council authorize the City Manager and City Clerk to execute the attached Mills Act agreement with Grant and Emily Bettencourt, for the property located at 1123 N. Lowell Street, subject to non-substantive changes approved by the City Manager and City Attorney.

EXECUTIVE SUMMARY
William Grant and Emily Ann Bettencourt, Co-Trustees of The WGB and EAB Family Trust, U/A dated December 19, 2024, are requesting approval to designate an existing Tudor Revival-style residence located at 1123 N. Lowell Street on the Santa Ana Register of Historical Properties (“Register”), 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 a Tudor Revival-style house. It is worthy of “Contributive” categorization as it contributes to the overall character and history of its neighborhood, is a good example of period architecture, Tudor Revival, including moderately pitched side gable roof with sloped front gabled entrance, wood sash windows throughout, wood louvered shutters, exterior brick chimney, central rear patio entrance, wood and glazed door and side lites, and the ribbon/Hollywood driveway.

DISCUSSION
Project Location and Site Description
Located on a mid-block parcel in the Washington Square neighborhood, the F.B. RogersDickson House consists of a one-story, single-family residence and detached garage constructed in the Tudor Revival style. The parcel is bounded on the west by Lowell Street and on the north, south, and west by private properties. The one-story residence has an irregular shaped plan and a concrete foundation. Its steeply pitched cross-gabled roof is City Council 13 – 23 10/20/2026
HRCA No. 2026-8, HRC No. 2026-3, HPPA No. 2026-2 – The F.B. Rogers-Dickson House (1123 N. Lowell Street)
September 28, 2026

Page 2 ends

clad in composition shingles, and the exterior walls are sheathed in horizontal plywood planks. Facing Lowell Street to the west, the asymmetrical main façade is characterized by a wood paneled front door with a fan lite sited within a front-gabled extension with a sloped roof and accessible by concrete steps. The primary façade is also characterized by wood frame double hung sash windows with original wood louvered shutters.

The north elevation features an exterior brick chimney, triangular-shaped wood louvered vent in the gable, and three wood frame double hung sash windows, two that are oneover-one and the third that is six-over-six.

The rear, east façade faces an enclosed grassy backyard and concrete patio. There are two front gable extensions on the north and south side of the east elevation with the concrete patio in-between. Each extension has original one-over-one wood frame sash windows, and the north extension features a secondary entrance with a non-original glazed door and concrete steps. A portion of the patio sits under the primary roofline with another secondary entrance with an original divided lite wood frame door, wood frame screen, and wood frame side lites. The south facade features four original one-over-one wood frame double-hung sash window and two small wood frame fixed pane windows.

An original concrete Hollywood driveway runs along the north elevation from Lowell Street to the detached garage. Rectangular in plan, the garage sits on a concrete foundation and capped with a front-gabled roof clad in composition shingles with overhanging eaves on the north and south elevations. The exterior is clad in horizontal wood board siding, and with vehicle access by way of a non-original roll-up garage door located on the west elevation. The south elevation of the garage has an entrance with a non-original paneled and glazed door.

The front of the property is set back from Lowell Street with a grassy lawn and ornamental plantings. A paved walkway leads to the front door, and concrete pavers run from the Hollywood driveway to the front door. The rear yard has a concrete patio, grassy lawn, and mature trees.

Analysis of the Issues
Historical Listing
In March 1999, the City Council adopted Ordinance No. NS-2363, establishing the Historic Resources Commission (HRC) and the Santa Ana Register of Historical Properties (“Register”). For more than 25 years, the HRC served as the City’s review authority for matters involving the designation and categorization of historic properties and other historic preservation applications pursuant to Chapter 30 of the Santa Ana Municipal Code (SAMC).

City Council 13 – 24 10/20/2026
HRCA No. 2026-8, HRC No. 2026-3, HPPA No. 2026-2 – The F.B. Rogers-Dickson House (1123 N. Lowell Street)
September 28, 2026

Page 3 ends

On July 7, 2026, the City Council adopted Ordinance No. NS-3097, which dissolved the HRC and transferred its historic preservation powers and duties to the Planning Commission. Ordinance No. NS-3097 became effective on August 6, 2026. As a result, the Planning Commission now serves as the City’s review authority for historic preservation matters previously considered by the HRC, including applications to designate and categorize properties for inclusion on the Register.

Accordingly, the Planning Commission is considering Historic Resources Commission Application No. 2026-8 and Historic Register Categorization No. 2026-3 pursuant to the applicable provisions of Chapter 30 of the SAMC. The applications require the Planning Commission to apply the selection and categorization criteria established in Chapter 30 to determine whether the F.B. Rogers-Dickson House is eligible for designation and listing on the Santa Ana Register of Historical Properties and, if eligible, the appropriate historic categorization. The first criterion for selection requires that a structure 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 SAMC, as the structure is 93 years old and is a sound example of period architecture. No known code violations exist on record for this property.

The F.B. Rogers-Dickson House is architecturally significant as an intact example of a Tudor Revival-style house in Santa Ana. The original building permit indicates the property was constructed in 1933 as a single-family residence and detached garage at a cost of $2500 for and by F.B. Rogers. Mr. George H. and Mrs. Winona M. J. Dickson likely purchased the property from Rogers in 1934 and occupied the residence from 1934 to circa 1968 (The Register 1934, 1968; Santa Ana City Directory 1934). Mrs. Dickson's mother, Martha Jessen, lived with them for five years before she passed away in 1957 (The Register 1957). Mrs. Jessen and her husband were early settlers of Santa Ana, moving to the area in circa 1881. City directories list neither George's nor Winona's occupations, and while George passed away in 1947, Winona continued to live at the property until her death in 1968. Research did not identify any residents in the 1970s and identified one owner from 1981, Daniel A. Smith (City of Santa Ana Building Permits).

The F.B. Rogers-Dickson House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Tudor Revival-style home in Santa Ana. Located in Washington Square, the house was constructed in 1933. The recommended categorization is “Contributive” because it contributes to the overall character and history of its neighborhood, is a good example of period architecture (Santa Ana Municipal Code, Section 30-2.3). Character-defining features of the house’s original Tudor Revival-style construction include, but are not necessarily limited to, moderately pitched side gable roof with sloped front gabled entrance, wood sash windows City Council 13 – 25 10/20/2026
HRCA No. 2026-8, HRC No. 2026-3, HPPA No. 2026-2 – The F.B. Rogers-Dickson House (1123 N. Lowell Street)
September 28, 2026

Page 4 ends

throughout, wood louvered shutters, exterior brick chimney, central rear patio entrance wood and glazed door and side lites, and the ribbon/Hollywood driveway.

Mills Act Agreement
Ordinance No. NS-2382 established the City’s Historic Property Preservation Agreement (HPPA) program, commonly known as the Mills Act program, for eligible historic properties. Historically, the Historic Resources Commission served as the review authority for Mills Act agreements. However, on July 7, 2026, the City Council adopted Ordinance No. NS-3097, which dissolved the Historic Resources Commission and transferred its historic preservation powers and duties to the Planning Commission.

Accordingly, the Planning Commission now reviews Mills Act applications and makes a recommendation to the City Council regarding approval of the agreement.

To be eligible for a Mills Act agreement, a 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 would designate and categorize the property for inclusion on the local register, thereby establishing its eligibility 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 and preserve the property in a good state of repair and in a manner that maintains its historic character and appearance.

Once recorded, the agreement provides for an alternative method of determining the property’s assessed value, which may result in property tax savings for the owner. In addition to potential tax savings, the benefits of a Mills Act agreement 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 and Planning Division staff during the initial ten years of the Mills Act Agreement include the following:
1) assess all siding (lap wood and brick) for cracking and other damage; replace or repair in-kind with staff approval; 2) assess condition of windows; replace in-kind, as necessary with staff approval; 3) assess condition of roofing (composition shingles) and fascia and repair or replace in-kind, as necessary with staff approval; 4) assess condition of exterior City Council 13 – 26 10/20/2026
HRCA No. 2026-8, HRC No. 2026-3, HPPA No. 2026-2 – The F.B. Rogers-Dickson House (1123 N. Lowell Street)
September 28, 2026

Page 5 ends

brick chimney and repair or replace in-kind, as necessary with staff approval; and 5) assess hardscaping, including driveway, walkways, and porch/patio steps and flooring, throughout the residence and repair or replace in-kind, as necessary and with staff approval.

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

ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15331 of the CEQA Guidelines (Class 31 – Historical Resource Restoration/Rehabilitation) as these actions are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2026-059, 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 $670.89 annually, for a period of not less than ten years.

EXHIBITS

1. Resolution

2. Mills Act Agreement – 1123 N. Lowell Street

3. 500-Foot Radius Map – 1123 N. Lowell Street
City Council 13 – 27 10/20/2026
HRCA No. 2026-8, HRC No. 2026-3, HPPA No. 2026-2 – The F.B. Rogers-Dickson House (1123 N. Lowell Street)
September 28, 2026

Page 6 ends

4. Copy of Public Notice – 1123 N. Lowell Street
Submitted By: Pedro Gomez, AICP, Principal Planner
Approved By: Ali Pezeshkpour, AICP, Executive Director, Planning and Building Agency City Council 13 – 28 10/20/2026

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 Carlos Bustamante, Trustee of The Bustamante Family Revocable Living Trust Dated 9-23-2020 (hereinafter collectively referred to as “Owner”), owner of real property located at 2339 North Valencia 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 2339 North Valencia 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 13 – 29 10/20/2026

MILLS ACT AGREEMENT
2339 North Valencia 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 21, 2026, 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, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City.

City Council 13 – 30 10/20/2026

MILLS ACT AGREEMENT
2339 North Valencia 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 Planning Commission; paving of yard surface; exterior alterations or additions unless approved by the Planning 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” or “Work Plan” and the City Council Historic Property Preservation Agreement (HPPA No. 2026-4) staff report dated October 20, 2026.

All work items shall be completed within the first ten years of the Mills Act Agreement, with specific items completed within the first five years including: assess all siding (wood shingle, wood shiplap, and brick) for cracking and other damage; replace or repair in-kind with staff approval; assess condition of windows and shutters; replace in-kind, as necessary with staff approval; assess condition of roofing (composition shingles) and overhanging eaves and repair or replace in-kind, as necessary with staff approval; assess condition of exterior brick chimney and repair or replace in-kind, as necessary with staff approval; and assess hardscaping, including driveway, walkways, and porch/patio steps and flooring, throughout the residence and repair or replace in-kind, as necessary and with Planning Division staff approval. 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.

City Council 13 – 31 10/20/2026

MILLS ACT AGREEMENT
2339 North Valencia Street
Santa Ana, CA 92706
- 4 -

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. 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 City Council 13 – 32 10/20/2026

MILLS ACT AGREEMENT
2339 North Valencia Street
Santa Ana, CA 92706
- 5 -
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 2339 North Valencia Street, Assessor Parcel Number, 003-082-21, 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 13 – 33 10/20/2026

MILLS ACT AGREEMENT
2339 North Valencia Street
Santa Ana, CA 92706
- 6 -
Owner: Carlos Bustamante
Trustee of The Bustamante Family
Revocable Living Trust Dated 9-23-2020
2339 North Valencia 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.

City Council 13 – 34 10/20/2026

MILLS ACT AGREEMENT
2339 North Valencia Street
Santa Ana, CA 92706
- 7 -
g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County.

11. Recordation.

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

12. Amendments.

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

13. Effective Date
This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows}
City Council 13 – 35 10/20/2026

MILLS ACT AGREEMENT
2339 North Valencia Street
Santa Ana, CA 92706
- 8 -
ATTEST: CITY OF SANTA ANA
________________________ _________________________
JENNIFER L. HALL ALVARO NUÑEZ
City Clerk City Manager
OWNER
Date: ___________________ By:__________________

CARLOS BUSTAMANTE

TRUSTEE OF THE BUSTAMANTE

FAMILY REVOCABLE LIVING TRUST
DATED 9-23-2020
APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL:

SONIA CARVALHO
City Attorney
By: _____________________ _____________________
MELISSA M. CROSTHWAITE ALI PEZESHKPOUR
Senior Assistant City Attorney Executive Director
Planning and Building Agency
City Council 13 – 36 10/20/2026
ATTEST:

JENNIFER L. HALL
City Clerk
OWNER
Date: 2
APPROVED AS TO FORM:

SONIA CARVALHO
City Attorney
MELISSA M. CROSTHWAITE
Senior Assistant City Attorney

MILLS ACT AGREEMENT
2339 North Valencia Street
Santa Ana, CA 92706

CITY OF SANTA ANA

ALVARO NUNEZ
City Manager
By.

CARL SB

TRUSTEE OF THE BUSTAMANTE

FAMILY REVOCABLE LIVING TRUST
DATED 9-23-2020
RECOMMENDED FOR APPROVAL:

ALI PEZESHKPOUR
Executive Director
Planning and Building Agency
-8-
City Council 13 – 37 10/20/2026

MILLS ACT AGREEMENT
2339 North Valencia 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:

LOT 16 OF TRACT NO. 1258, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 39, PAGE(S) 19 OF

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

EXCEPT THAT PORTION LYING NORTH OF A LINE BEGINNING AT A POINT IN THE EAST LINE OF SAID LOT 16, 3 FEET SOUTH OF THE NORTHEAST CORNER OF SAID LOT 16, RUNNING THENCE WEST TO THE NORTHWEST CORNER OF SAID LOT 16.

Assessor’s Parcel Number: 003-082-21
City Council 13 – 38 10/20/2026
Exhibit B

EXECUTIVE SUMMARY
Sugden House
2339 North Valencia Street
Santa Ana, CA 92706
NAME Sugden House REF. NO.

ADDRESS 2339 North Valencia Street
CITY Santa Ana ZIP 92706 ORANGE COUNTY
YEAR BUILT 1949 LOCAL REGISTER CATEGORY: Key
HISTORIC DISTRICT N/A NEIGHBORHOOD Park Santiago
CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: Not for Publication Unrestricted
Prehistoric Historic Both
ARCHITECTURAL STYLE: American Colonial Revival
The most universal of all American domestic building styles, the Colonial Revival has been popular since the 1876 Centennial celebration in Philadelphia stimulated a patriotic interest in the American architectural past. Beginning in the second half of the 1930s, and continuing in the two decades following World War II, the late Colonial Revival departed from the more literal historicism of the previous half-century and was often reduced to a few signature elements. These features include stylized door surrounds; pseudo-quoined corners; multi-paned casement or double-hung sash windows, often framed by decorative shutters; circular, oval, or octagonal accent windows; and eaves nearly flush with the exterior walls. A hipped roof subtype sometimes contained Regency references such as bow and bay windows. Another popular subtype was split-level, ranch, or Cape Cod in appearance and plan, and normally topped by gabled roofs. The materials used in the late Colonial Revival were similar to those of the earlier period—wood, brick, stone, and stucco—although stucco came to be used more frequently than before.

SUMMARY/CONCLUSION:

The Sugden House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a American Colonial-style home in Santa Ana. Located in Park Santiago, the house was constructed in 1949.

The recommended categorization is “Key” because it has a distinctive architectural style and quality seen in its American Colonial Revival style (Santa Ana Municipal Code, Section 30-2.3).

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 13 – 39 10/20/2026
State of California  the Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code____5S3_____________________________
Other Listings_____________________________________________________________________ Review Code________ Reviewer________________________ Date_______________ Page _1_ of _6_ Resource name(s) or number (assigned by recorder) Sugden House P1. Other Identifier:
*P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad: Anaheim, CA 7.5-Minute Series Date: 2022 *c. Address 2339 North Valencia Street City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor’s Parcel Number 003-082-21 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located on a mid-block parcel in the Park Santiago neighborhood, the Sugden House consists of a one-story, single-family residence and detached garage constructed in the American Colonial Revival style with elements of the Minimal Traditional style (Figure 1). The parcel is bounded on the west by North Valencia Street and on the north, south, and east by private properties. The one story residence has an irregular shaped plan and a concrete foundation and is capped with a moderately pitched cross-gabled roof clad in composition shingles and wood louver vents in the side gables. The exterior walls are sheathed in wood shingle, shiplap, and brick siding. Facing North Valencia Street to the west, the asymmetrical main façade is characterized by a wood paneled and glazed front door, recessed under the primary roofline, within a small front porch enclosed by wood banisters and a square post and arched openings (Figure 2). The west, primary façade is also characterized by a tripartite window with a central wood frame fixed pane window with eight panes and flanked by two-overtwo wood sash windows, and the tripartite window is covered by an awning. Additionally, the west elevation has two fixed pane windows with six panes each and original wood louvered shutters (Figure 3). The north elevation features an exterior brick chimney, four-over-four and one-over-one double-hung wood sash windows, and a bay window with two four-over-four wood sash windows (Figure 4 and Figure 5). (See Continuation Sheet 3 of 6.) *P3b. Resource Attributes: (list attributes and codes) HP2. Single-Family Residence *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date)
(Figure 1) Primary (west) façade and south
facade, view northeast, April 2026
*P6. Date Constructed/Age and Sources:
Historic
1949, Assessor data
*P7. Owner and Address:

Carlos Bustamante
2339 North Valencia Street
Santa Ana, CA 92706
*P8. Recorded by:

Ashley Losco
City of Santa Ana
20 Civic Center Plaza M-20
Santa Ana, CA 92702
*P9. Date Recorded:

September 28, 2026
*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 13 – 40 10/20/2026
State of California  The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________

BUILDING, STRUCTURE, AND OBJECT RECORD

Page 2 of 6 ends

*Resource Name or #: Sugden House
B1. Historic Name: Sugden House
B2. Common Name: Same
B3. Original Use: Single-family residence B4. Present Use: Single-family residence *B5. Architectural Style: American Colonial Revival with Minimal Traditional Characteristics *B6. Construction History: (Construction date, alterations, and date of alterations):
1949: Property constructed as a single-family residence and detached garage by John M. Gold. $1,000. 1968: Construction of storage room at the rear of the garage by Overby & Sons. $2,000.

Awnings added and screen door at the entrance removed at an unidentified time. *B7. Moved? No Yes Unknown Date:__________ Original location:_______ _______ *B8. Related Features: N/A
B9a. Architect: Not Identified b. Builder: John M. Gold *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1949 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 Sugden House is architecturally significant as an intact example of a house designed in the American Colonial Revival with Minimal Traditional characteristics in Santa Ana. The original building permit indicates the property was constructed in 1949 as a single-family residence and detached garage at a cost of $1,000.00 for Floyd B. Rogers. Rogers constructed the property on speculation and advertised the sale of the home in a 1950 newspaper article (The Register 1950a). Rogers was a residential developer in Santa Ana from the 1920s to the 1940s and was one of the builders of the residences within the Floral Park Historic District, among other areas of the city (Almendral et al. 2019).

In 1950, Lt. Anderson E. Sugden and his wife Mary Sugden occupied the property before Lt. Sugden reported to the Army chemical corps in Hawaii then serving in Korea (The Register 1950b). They occupied the residence until circa 1956 (The Register 1954; Santa Ana City Directory 1952, 1954, 1956). From circa 1959 to 1960, Mrs. G.F. Taplin occupied the residence (The Register 1959, Santa Ana City Directory 1960). Between circa 1962 and 1994, R.V. Righter occupied the residence (Santa Ana City Directories 1962 and 1979; Ancestry.com 2005). No additional information was identified on Mrs.

G.F. Taplin or R.V. Righter.
(See Continuation Sheet 3).

B11. Additional Resource Attributes: (List attributes and codes) *B12. References:
(See Continuation Sheet 4 of 6.)
B13. Remarks: None
*B14. Evaluator: Ashley Losco, City of Santa Ana.
*Date of Evaluation: September 28, 2026
DPR 523B (1/95) *Required information
Sketch Map
(This space reserved for official comments.) Sugden House 2339 N. Valencia Street
AVENUE
City Council 13 – 41 10/20/2026
State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________

Page 3 ends

*Recorded by Ashley Losco *Date September 28, 2026  Continuation  Update DPR 523L
*P3a. Description (continued):

The asymmetrical rear, east façade faces an enclosed backyard. The façade has three secondary entrances: two are located within the enclosed back yard and recessed under the primary roofline each with wood paneled doors with operable sashes.

Between the two entrances are a large wood frame fixed pane window with eight panes of glass and a two-over-two doublehung wood sash window (Figure 6). The third secondary entrance is outside the enclosed backyard adjacent to the driveway and garage. The entrance has a wood paneled and glazed door (Figure 7). The east elevation additionally features a small wood frame hopper window along the roofline, a glass block window with eight small glass blocks, and a four-over-four wood sash window. The east-elevation roofline has three small arched louvered vent openings (Figure 8).

The south façade faces the paved concrete driveway, which leads from North Valencia Drive to the detached garage. There are two two-over-two wood frame double-hung sash windows and a square bay with a wood frame casement window and window planter box; all of the windows are shaded by non-original canvas awnings (Figure 9 and Figure 10). Throughout the residence, there are decorative vent openings along the crawl space.

Just southeast of the residence is an original detached garage, which has an irregular footprint and is situated on a concrete foundation. The garage is capped with a front-gabled roof clad in composition shingles, and the exterior is sheathed in wood shingle and stucco siding. The primary, west façade has a garage opening with an aluminum roll-up garage door (Figure 11).

The garage has a rear, east elevation addition comparable in size to the garage; the addition’s north elevation extends north from the original garage’s elevation and has an entrance with a paneled and glazed door (Figure 12). The north elevation has three louvered windows with wood louvered shutters. *B10. Significance (continued):

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

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

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

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

City Council 13 – 42 10/20/2026
State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________

Page 4 ends

*Recorded by Ashley Losco *Date September 28, 2026  Continuation  Update DPR 523L
The Sugden House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a American Colonial-style home in Santa Ana. Located in Park Santiago, the house was constructed in 1949. The recommended categorization is “Key” because it has a distinctive architectural style and quality seen in its American Colonial Revival style (Santa Ana Municipal Code, Section 30-2.3). Character-defining features of the house’s original American Colonial Revival-style construction include, but are not necessarily limited to, wood shingle siding, wood shiplap siding, brick siding, brick planter, wood sash windows throughout property including wood louvered shutters on the primary facade, recessed front porch with wood post, banisters, and arched beams, original wood paneled and glazed door, square bay window on the south elevation including wood casement window, louvered vent in the gables, and decorative vent openings at the crawl space.
*B12. References (continued):

Almendral, Dylan, Angie Velazquez, Cindy Gonzalez, and Grant Kobayashi. National Reigster Nomination Form for Floral Park Historic District. Almendral Research and Preservation Services. October 25, 2019.

Ancestry.com. U.S., Phone and Address Directories, 1993-2002 [database on-line]. Lehi, UT, USA: Ancestry.com Operations Inc. 2005.

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

The Register. 1950a. Advertisement. March 17, 1950. Newspapers.com. _____. 1950b. “Off to Wars”. August 11, 1950. Newspapers.com. _____. 1954. “E. Wright Captures Sweepstake”. December 24, 1954. Newspapers.com.

Santa Ana, City of. Building Permits for 2339 North Valencia Street from 1949 to 1987.

Santa Ana City Directories. 1952, 1954, 1956 and 1960. Ancestry.com.

City Council 13 – 43 10/20/2026
State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________

Page 5 ends

*Recorded by Ashley Losco *Date September 28, 2026  Continuation  Update DPR 523L
Additional Figures:

Figure 2. The primary, west façade features wood sash
windows, lourvered shutters, and a front porch with wood banisters. Facing north. Figure 3. The front door is recessed within the front porch with wood paneling and glazing. Detail.

Figure 4. The north elevation has an exterior brick chimney and bay windows. Facing southeast.

Figure 5. The north elevaion has wood sash windows and a bay window. Facing west.

Figure 6. The rear, east elevation has two secondary
entrances and wood frame windows. Facing northwest.

Figure 7. A third secondary entrance on the east elevation with a wood paneled and glazed door. Facing hwest.

City Council 13 – 44 10/20/2026
State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________

Page 6 ends

*Recorded by Ashley Losco *Date September 28, 2026  Continuation  Update DPR 523L
Figure 8. The rear, east façade showing wood sash windows and secondary entrances. Facing west.

Figure 9. The south elevation wood frame sash windows and a square bay window with awnings. Facing northwest.

Figure 10. A square bay window is located on the south
elevation with a casement window. Detail.

Figure 11. The detached garage is located southeast of the residence. Facing east.

Figure 12. The north façade of the detached garage has an entrance to the rear addition. Facing southeast.

City Council 13 – 45 10/20/2026

MILLS ACT AGREEMENT
2339 North Valencia 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, and such design is compatible with City Council 13 – 46 10/20/2026

MILLS ACT AGREEMENT
2339 North Valencia 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 13 – 47 10/20/2026
Exhibit D: Proposed Structure Improvements (“Work Plan”) 2339 North Valencia Street
Item Year Improvement
1 2029 Assess all siding (wood shingle, wood shiplap, and brick) for cracking and other damage; replace or repair in-kind with staff approval.
2 2031 Assess condition of windows and shutters; replace in-kind, as necessary with staff approval.
3 2033 Assess condition of roofing (composition shingles) and overhanging eaves and repair or replace in-kind, as necessary with staff approval. 4 2035 Assess condition of exterior brick chimney and repair or replace in-kind, as necessary with staff approval.
5 2036 Assess hardscaping, including driveway, walkways, and porch/patio steps and flooring, throughout the residence and repair or replace in-kind, as necessary and with staff approval.

City Council 13 – 48 10/20/2026
Planning and Building Agency
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Planning Commission Staff Report
September 28, 2026
Topic: HRCA No. 2026-3, HRC No. 2026-4, HPPA No. 2026-4 – The Sugden House (2339 N. Valencia Street)

RECOMMENDED ACTIONS

1. Adopt a resolution approving Historic Resources Commission Application No. 2026-3 and Historic Register Categorization No. 2026-4; and

2. Recommend that the City Council authorize the City Manager and City Clerk to execute the attached Mills Act agreement with Carlos Bustamante, for the property located at 2339 N. Valencia Street, subject to non-substantive changes approved by the City Manager and City Attorney.

EXECUTIVE SUMMARY
Carlos Bustamante, Trustee of The Bustamante Family Revocable Living Trust Dated 9- 23-2020, is requesting approval to designate an existing American Colonial Revival-style residence located at 2339 N. Valencia Street on the Santa Ana Register of Historical Properties (“Register”), 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 American Colonial Revival-style house. It is worthy of “Key” categorization as it has a distinctive architectural style and quality reflective of the American Colonial Revival style, including its wood shingle siding, wood shiplap siding, brick siding, brick planter, wood sash windows throughout property including wood louvered shutters on the primary facade, recessed front porch with wood post, banisters, and arched beams, original wood paneled and glazed door, square bay window on the south elevation including wood casement window, louvered vent in the gables, and decorative vent openings at the crawl space.

DISCUSSION
Project Location and Site Description
The subject property is located mid-block bounded on the west by North Valencia Street and on the north, south, and east by private properties. The site contains a 1,576-squarefoot, American Colonial Revival-style residence and detached garage on an City Council 13 – 49 10/20/2026
HRCA No. 2026-3, HRC No. 2026-4, HPPA No. 2026-4 – The Sugden House (2339 N.

Valencia Street)
September 28, 2026

Page 2 ends

approximately 8,580-square-foot residential lot. The one-story residence has an irregular shaped plan and a concrete foundation and is capped with a moderately pitched crossgabled roof clad in composition shingles and wood louver vents in the side gables. The exterior walls are sheathed in wood shingle, shiplap, and brick siding. Facing North Valencia Street to the west, the asymmetrical main façade is characterized by a wood paneled and glazed front door, recessed under the primary roofline, within a small front porch enclosed by wood banisters and a square post and arched openings. The west, primary façade is also characterized by a tripartite window with a central wood frame fixed pane window with eight panes and flanked by two-over-two wood sash windows, and the tripartite window is covered by an awning. Additionally, the west elevation has two fixed pane windows with six panes each and original wood louvered shutters. The north elevation features an exterior brick chimney, four-over-four and one-over-one doublehung wood sash windows, and a bay window with two four-over-four wood sash windows.

The asymmetrical rear, east façade faces an enclosed backyard. The façade has three secondary entrances: two are located within the enclosed back yard and recessed under the primary roofline each with wood paneled doors with operable sashes. Between the two entrances are a large wood frame fixed pane window with eight panes of glass and a two-over-two double-hung wood sash window. The third secondary entrance is outside the enclosed backyard adjacent to the driveway and garage. The entrance has a wood paneled and glazed door. The east elevation additionally features a small wood frame hopper window along the roofline, a glass block window with eight small glass blocks, and a four-over-four wood sash window. The east-elevation roofline has three small arched louvered vent openings.

The south façade faces the paved concrete driveway, which leads from North Valencia Street to the detached garage. There are two two-over-two wood frame double-hung sash windows and a square bay with a wood frame casement window and window planter box; all of the windows are shaded by non-original canvas awnings. Throughout the residence, there are decorative vent openings along the crawl space.

Just southeast of the residence is an original detached garage, which has an irregular footprint and is situated on a concrete foundation. The garage is capped with a frontgabled roof clad in composition shingles, and the exterior is sheathed in wood shingle and stucco siding. The primary, west façade has a garage opening with an aluminum rollup garage door. The garage has a rear, east elevation addition comparable in size to the garage; the addition’s north elevation extends north from the original garage’s elevation and has an entrance with a paneled and glazed door. The north elevation has three louvered windows with wood louvered shutters.

City Council 13 – 50 10/20/2026
HRCA No. 2026-3, HRC No. 2026-4, HPPA No. 2026-4 – The Sugden House (2339 N.

Valencia Street)
September 28, 2026

Page 3 ends

Analysis of the Issues
Historical Listing
In March 1999, the City Council adopted Ordinance No. NS-2363, establishing the Historic Resources Commission (HRC) and the Santa Ana Register of Historical Properties (“Register”). For more than 25 years, the HRC served as the City’s review authority for matters involving the designation and categorization of historic properties and other historic preservation applications pursuant to Chapter 30 of the Santa Ana Municipal Code (SAMC).

On July 7, 2026, the City Council adopted Ordinance No. NS-3097, which dissolved the HRC and transferred its historic preservation powers and duties to the Planning Commission. Ordinance No. NS-3097 became effective on August 6, 2026. As a result, the Planning Commission now serves as the City’s review authority for historic preservation matters previously considered by the HRC, including applications to designate and categorize properties for inclusion on the Register.

Accordingly, the Planning Commission is considering Historic Resources Commission Application No. 2026-3 and Historic Register Categorization No. 2026-4 pursuant to the applicable provisions of Chapter 30 of the SAMC. The applications require the Planning Commission to apply the selection and categorization criteria established in Chapter 30 to determine whether the Sugden House is eligible for designation and listing on the Santa Ana Register of Historical Properties and, if eligible, the appropriate historic categorization. The first criterion for selection requires that a structure 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 SAMC, as the structure is 77 years old and is a sound example of period architecture. No known code violations exist on record for this property.

The Sugden House is architecturally significant as an intact example of a house designed in the American Colonial Revival with Minimal Traditional characteristics in Santa Ana.

The original building permit indicates the property was constructed in 1949 as a singlefamily residence and detached garage at a cost of $1,000.00 for Floyd B. Rogers. Rogers constructed the property on speculation and advertised the sale of the home in a 1950 newspaper article (The Register 1950a). Rogers was a residential developer in Santa Ana from the 1920s to the 1940s and was one of the builders of the residences within the Floral Park Historic District, among other areas of the city (Almendral et al. 2019).

In 1950, Lt. Anderson E. Sugden and his wife Mary Sugden occupied the property before Lt. Sugden reported to the Army chemical corps in Hawaii then serving in Korea (The City Council 13 – 51 10/20/2026
HRCA No. 2026-3, HRC No. 2026-4, HPPA No. 2026-4 – The Sugden House (2339 N.

Valencia Street)
September 28, 2026

Page 4 ends

Register 1950b). They occupied the residence until circa 1956 (The Register 1954; Santa Ana City Directory 1952, 1954, 1956). From circa 1959 to 1960, Mrs. G.F. Taplin occupied the residence (The Register 1959, Santa Ana City Directory 1960). Between circa 1962 and 1994, R.V. Righter occupied the residence (Santa Ana City Directories 1962 and 1979; Ancestry.com 2005). No additional information was identified on Mrs. G.F. Taplin or R.V. Righter.

The Sugden House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of an American Colonial-style home in Santa Ana.

Located in Park Santiago, the house was constructed in 1949. The recommended categorization is “Key” because it has a distinctive architectural style and quality seen in its American Colonial Revival style (Santa Ana Municipal Code, Section 30-2.3).

Character-defining features of the house’s original American Colonial Revival-style construction include, but are not necessarily limited to, wood shingle siding, wood shiplap siding, brick siding, brick planter, wood sash windows throughout property including wood louvered shutters on the primary facade, recessed front porch with wood post, banisters, and arched beams, original wood paneled and glazed door, square bay window on the south elevation including wood casement window, louvered vent in the gables, and decorative vent openings at the crawl space.

Mills Act Agreement
Ordinance No. NS-2382 established the City’s Historic Property Preservation Agreement (HPPA) program, commonly known as the Mills Act program, for eligible historic properties. Historically, the Historic Resources Commission served as the review authority for Mills Act agreements. However, on July 7, 2026, the City Council adopted Ordinance No. NS-3097, which dissolved the Historic Resources Commission and transferred its historic preservation powers and duties to the Planning Commission.

Accordingly, the Planning Commission now reviews Mills Act applications and makes a recommendation to the City Council regarding approval of the agreement.

To be eligible for a Mills Act agreement, a 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 would designate and categorize the property for inclusion on the local register, thereby establishing its eligibility 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 and preserve the property in a good state of repair and in a manner that maintains its historic character and appearance.

Once recorded, the agreement provides for an alternative method of determining the property’s assessed value, which may result in property tax savings for the owner. In addition to potential tax savings, the benefits of a Mills Act agreement include:

City Council 13 – 52 10/20/2026
HRCA No. 2026-3, HRC No. 2026-4, HPPA No. 2026-4 – The Sugden House (2339 N.

Valencia Street)
September 28, 2026

Page 5 ends

• 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 and Planning Division staff during the initial ten years of the Mills Act Agreement include the following:
1) assess all siding (wood shingle, wood shiplap, and brick) for cracking and other damage; replace or repair in-kind with staff approval; 2) assess condition of windows and shutters; replace in-kind, as necessary with staff approval; 3) assess condition of roofing (composition shingles) and overhanging eaves and repair or replace in-kind, as necessary with staff approval; 4) assess condition of exterior brick chimney and repair or replace in-kind, as necessary with staff approval; and 5) assess hardscaping, including driveway, walkways, and porch/patio steps and flooring, throughout the residence and repair or replace in-kind, as necessary and with staff approval.

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

City Council 13 – 53 10/20/2026
HRCA No. 2026-3, HRC No. 2026-4, HPPA No. 2026-4 – The Sugden House (2339 N.

Valencia Street)
September 28, 2026

Page 6 ends

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. 2026-060, will be filed for this project.

FISCAL IMPACT
The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $1,270.50 annually, for a period of not less than ten years.

EXHIBITS

1. Resolution

2. Mills Act Agreement – 2339 N. Valencia Street

3. 500-Foot Radius Map – 2339 N. Valencia Street

4. Copy of Public Notice – 2339 N. Valencia Street
Submitted By: Pedro Gomez, AICP, Principal Planner
Approved By: Ali Pezeshkpour, AICP, Executive Director of the Planning and Building Agency
City Council 13 – 54 10/20/2026

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
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 The Claire Jackson Trust, dated 8/16/2025 (hereinafter collectively referred to as “Owner”), owner of real property located at 915 West Riviera Drive, 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 915 West Riviera Drive, 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.

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 City Council 13 – 55 10/20/2026

MILLS ACT AGREEMENT
915 West Riviera Drive
Santa Ana, CA 92706
- 2 -
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 21, 2026, 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, 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 City Council 13 – 56 10/20/2026

MILLS ACT AGREEMENT
915 West Riviera Drive
Santa Ana, CA 92706
- 3 -
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 Planning Commission; paving of yard surface; exterior alterations or additions unless approved by the Planning 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” or “Work Plan” and the City Council Historic Property Preservation Agreement (HPPA No. 2026-5) staff report dated October 20, 2026.

All work items shall be completed within the first ten years of the Mills Act Agreement, with specific items completed within the first five years including: 1) repair or replace front door inkind with staff approval; 2) repair garage door in-kind with staff approval; 3) assess all siding (stucco, slump block brick, and shiplap) for cracking and other damage; replace or repair in-kind with staff approval; 4) assess condition of windows; replace in-kind, as necessary with staff approval; 5) assess condition of roofing (composition shingles) and fascia and repair or replace inkind, as necessary with staff approval; 6) assess condition of exterior brick chimney and repair or replace in-kind, as necessary with staff approval; and 7) assess hardscaping, including driveway, walkways, and porch/patio steps and flooring, throughout the residence and repair or replace inkind, as necessary and with staff approval. 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.

City Council 13 – 57 10/20/2026

MILLS ACT AGREEMENT
915 West Riviera Drive
Santa Ana, CA 92706
- 4 -

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. 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 City Council 13 – 58 10/20/2026

MILLS ACT AGREEMENT
915 West Riviera Drive
Santa Ana, CA 92706
- 5 -
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 915 West Riviera Drive, Assessor Parcel Number, 001-221-05, 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 13 – 59 10/20/2026

MILLS ACT AGREEMENT
915 West Riviera Drive
Santa Ana, CA 92706
- 6 -
Owner: Claire Jackson, Trustee of The Claire Jackson Trust, Dated 8/16/2025 915 West Riviera Drive
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 affected 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 13 – 60 10/20/2026

MILLS ACT AGREEMENT
915 West Riviera Drive
Santa Ana, CA 92706
- 7 -

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 13 – 61 10/20/2026

MILLS ACT AGREEMENT
915 West Riviera Drive
Santa Ana, CA 92706
- 8 -
ATTEST: CITY OF SANTA ANA
________________________ _________________________
JENNIFER L. HALL ALVARO NUÑEZ
City Clerk City Manager
OWNER
Date: ___________________ By:__________________

CLAIRE JACKSON
Trustee of The Claire Jackson Trust, Dated
8/16/2025
APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL:

SONIA CARVALHO
City Attorney
By: _____________________ _____________________
MELISSA M. CROSTHWAITE ALI PEZESHKPOUR
Senior Assistant City Attorney Executive Director
Planning and Building Agency
City Council 13 – 62 10/20/2026
City Council 13 – 63 10/20/2026

MILLS ACT AGREEMENT
915 West Riviera Drive
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:

LOT 4 OF TRACT NO. 1324, AS PER MAP RECORDED IN BOOK 40, PAGE 21 OF

MISCELLANEOUS MAPS, OF THE RECORDS OF THE COUNTY RECORDER OF SAID COUNTY.

Assessor’s Parcel Number: 001-221-05
City Council 13 – 64 10/20/2026
Exhibit B

EXECUTIVE SUMMARY
Markel House
915 W. Riviera Drive
Santa Ana, CA 92706
NAME Markel House REF. NO.

ADDRESS 915 West Riviera Drive
CITY Santa Ana ZIP 92706 ORANGE COUNTY
YEAR BUILT 1953 LOCAL REGISTER CATEGORY: Key
HISTORIC DISTRICT N/A NEIGHBORHOOD West Floral Park
CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: Not for Publication Unrestricted
Prehistoric Historic Both
ARCHITECTURAL STYLE: Ranch
Widely published in Sunset and House Beautiful magazines, the Ranch House dominated post-World War II residential expansion and represented the most popular house form in the United States from the 1950s through 1970s. The Ranch House originated in the 1930s designs of Southern California architect Cliff May, who sought to reinvent the West’s vernacular housing traditions by combining the form and massing of the traditional ranch house with a modernist’s concern for informality, expressed in materials and plan, and indoor-outdoor integration. While the style includes several variants, a basic set of character-defining features applies to most examples. In form and massing, the style evokes a sprawling ranch that developed over time, with a central block extended by wings of varying roof heights. Generally Lshaped or U-shaped in plan, the Ranch House typically has a one-story profile with strong horizontal emphasis expressed through a low pitched or flat roof with wide overhanging eaves. Asymmetrical in design, the Ranch House is often sheathed in and accented with rustic materials such as board-and-batten siding, high brick foundations, art stone, and wood shake roofs. Indoor-outdoor integration is achieved through the use of recessed or extended porches, set low to the ground, and the generous use of large picture, ribbon, or corner windows. Window detailing can include wood frames, decorative shutters, and diamond-patterned muntins. Ornamentation includes rusticated elements, such as carved porch supports and exposed rafters, uneven rakes and flared eaves, and faux dove cotes and bird houses.

SUMMARY/CONCLUSION:

The Markel House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Ranch-style home in Santa Ana. Located in West Floral Park, the house was constructed in 1953. The recommended categorization is “Key” for its distinctive architectural style and quality of the Ranch 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 13 – 65 10/20/2026
State of California  The Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code____5S3_____________________________
Other Listings_____________________________________________________________________ Review Code________ Reviewer________________________ Date_______________ Page _1_ of _7_ Resource name(s) or number (assigned by recorder) Markel House P1. Other Identifier:
*P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad: Anaheim, CA 7.5-Minute Series Date: 2022 *c. Address: 915 West Riviera Drive City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor’s Parcel Number 001-221-05 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located on a mid-block parcel in the West Floral Park neighborhood, the Markel House consists of a one-story, single-family residence and attached garage constructed in the Ranch style (Figure 1). The parcel is bounded on the north, east, and west by private properties and West Riviera Street to the south. The one story residence has a L-shaped plan and a concrete foundation. Its low pitched hipped roof is clad in composition shingles, and the exterior walls are sheathed in smooth stucco and slump block brick. Facing West Riviera Drive to the south, the asymmetrical main façade is characterized by a flush wood front door with a wood framed beveled side lite sited under the primary roofline and flanked by vertical wood shiplap siding (Figure 2). The entrance is accessible by concrete and brick lined steps. To the east and west of the front door are paired one-over-one and two-over-two single hung wood sash windows (Figure 3). The entrance to the attached garage is also located on the south façade. It features the original wood paneled, tilt-up door (Figure 4). Between the roofline of the residence and the roofline of the garage is an original interior ridge brick chimney, seen in the photo below. (See Continuation Sheet 3 of 6.)
*P3b. Resource Attributes: (list attributes and codes) HP2. Single-Family Residence *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date)
(Figure 1) Primary (south) facade, view
north, September 2026
*P6. Date Constructed/Age and
Sources: Historic
1953, Assessor data
*P7. Owner and Address:

Claire Jackson
915 West Riviera Drive
Santa Ana, CA 92706
*P8. Recorded by:

Ashley Losco
City of Santa Ana
20 Civic Center Plaza M-20
Santa Ana, CA 92702
*P9. Date Recorded:

September 28, 2026
*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 13 – 66 10/20/2026
State of California  The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________

BUILDING, STRUCTURE, AND OBJECT RECORD

Page 2 of 7 ends

*Resource Name or #: Markel House
B1. Historic Name: Markel House
B2. Common Name: Same
B3. Original Use: Single-family residence B4. Present Use: Single-family residence *B5. Architectural Style: Ranch
*B6. Construction History: (Construction date, alterations, and date of alterations):
1953: Residence and garage constructed by W.J. Markel. Valuation of $18,500. 1954: Plastering for W. J. Markel by J. Webber. No Valuation. 2003: Construction of swimming pool, spa, and detached pool house. No valuation. 2008: Re-roofing of residence. No Valuation.
2019: Remodel of interior structural framing and rear elevation windows. No Valuation.

Between 2017 and 2022: Removal of wood lourvered shutters. 2025: Interior seismic retrofit. No Valuation.
*B7. Moved? No Yes Unknown Date:__________ Original location:______________ *B8. Related Features: N/A
B9a. Architect: Not Identified b. Builder: Walter J. Markel *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1953 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 Markel House is architecturally significant as an intact example of a Ranch-style house in Santa Ana. The original building permit indicates the property was constructed in 1953 as a single-family residence at a cost of $18,500 for and by Walter J. Markel.

According to a 1953 The Register newspaper article, the building permit was issued to Lloyd Westlake, who worked for Mr. Markel at Walter J. Markel Construction Company; the largest permit issued that week in November 1953 (The Register 1953; Santa Ana City Directory 1954). Mr. Markel was a contractor and listed the Riviera Drive property as his place of business (The Register 1954). The home was host to many events in Santa Ana: bridal showers, engagement parties, garden parties for the Federated Republican Women of Santa Ana. Walter and his wife Bernadine lived at the property from 1953 to circa 1997. (See Continuation Sheet 3).

B11. Additional Resource Attributes: (List attributes and codes) *B12. References:
(See Continuation Sheet 4 of 5.)
B13. Remarks: None
*B14. Evaluator: Ashley Losco, City of Santa Ana.
*Date of Evaluation: September 28, 2026
DPR 523B (1/95) *Required information
Sketch Map
(This space reserved for official comments.)
Markel House
915 West Riviera Drive
N
City Council 13 – 67 10/20/2026
State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________

Page 3 ends

*Recorded by Ashley Losco *Date September 28, 2026  Continuation  Update DPR 523L
*P3a. Description (continued):

The north façade faces the rear of the property and features a recessed covered porch with square wood posts and three secondary entrances (Figure 5). Two of the entrances are under the covered porch: one is a floor-to-ceiling aluminumframed sliding glass door flanked by floor-to-ceiling fixed pane windows, and the other entrance is a glazed wood framed door (Figure 6 and Figure 7). The third entrance is sited on the west side of the façade with an aluminum-framed sliding glass door (Figure 8). The windows throughout the north façade are original two-over-two wood frame sash windows or aluminum vertical sliding sash, excepting a one-over-one sash replacement window installed at the kitchen in 2019 (Figure 9 and Figure 10). The attached garage has a non-original secondary entrance with a roll-up door on the north façade (Figure 11).

The west façade faces an adjacent property and features replacement wood frame one-over-one sash windows (Figure 12).

The east façade of the garage is devoid of architectural elaborations (Figure 13).

The front of the property is set back from West Riviera Drive with a grassy lawn, ornamental plantings, concrete walkways, and a concrete driveway. The rear yard has a concrete patio, pool, detached pool house, grassy lawn, and mature trees (Figure 14).
*B10. Significance (continued):

Walter was born in New Orleans in 1910, and he and his family moved to Santa Ana by the 1920s when Walter was listed in newspaper articles for participating in school plays and concerts (The Register 1922). In the 1930 U.S. Census, Walter’s father, Julien, was listed as a building contractor, and Walter was listed as a cement finisher, likely working for Julien (Ancestry.com 2002). Walter went on to form his own contracting company, mostly laying foundations and other concrete work. Walter was a founding member of the Santa Ana Chapter of the Knights of Columbus (The Register 1934). Bernadine Ashen Markel was born in 1913 in Colorado, though research did not identify when Bernadine moved to California. She was a member of several clubs in Santa Ana including the St. Joseph’s Parish, Capistrano Y.L.I. and the Federated Republican Women of Santa Ana. Walter passed away in 1988 and Bernadine in 1997, owning and occupying the residence until each of them passed away.

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

Since the second half of the twentieth century, the neighborhood in which the Markel House is located has been known as West Floral Park. Bounded by Santiago Creek on the north, West Seventeenth Street on the south, North Flower Street on the east and North Bristol Street on the west, this residential area largely developed after 1947. Prior to that time, the area was primarily agricultural, and other than Flower Street, which was improved with houses during the 1920s and 1930s, contained only a handful of residences on Baker and Bristol Streets, the City Water Works pumping plant at 2315 North Bristol Street, and the Animal Shelter and City/County Pound at 2321 North Bristol Street. Between 1947 and 1950, around two dozen homes were constructed on Baker, Olive, Towner, and Westwood Streets. Construction boomed throughout the neighborhood during the 1950s, with the California Ranch emerging as the favored residential style.

The Markel House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Ranch-style home in Santa Ana. Located in West Floral Park, the house was constructed in 1953. The recommended categorization is “Key” for its distinctive architectural style and quality of the Ranch style (Santa Ana Municipal Code, Section 30-2.2). Character-defining features of the house’s original Ranch-style construction include, but are not necessarily limited to, low pitched hipped roof; stucco, shiplap, and slump block brick exterior sidings; wood frame side lite with beveled glass; wood frame sash windows throughout; and the garage door.

City Council 13 – 68 10/20/2026
State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________

Page 4 ends

*Recorded by Ashley Losco *Date September 28, 2026  Continuation  Update DPR 523L
*B12. References (continued):

Ancestry.com. 1930, Census Place: Santa Ana, Orange, California, Page 8A, Enumeration District 0080, FHL microfilm 2339917. Provo, UT, USA. Ancestry.com Operations Inc. 2002. _____. U.S. Public Records Index, 1950-1993, Volume 1 [database on-line]. Lehi, UT, USA. Ancestry.com Operations, Inc. 2010.

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

The Register. “Award Diplomas to Parochial School Folk”. June 8, 1922. Accessed through Newspapers.com. _____. “New Officers in Charge of K.C. Meeting.” August 3, 1934. Accessed through Newspapers.com. _____. “Mid-Week Holiday Drops Permit Value”. November 29, 1953. Accessed through Newspapers.com. _____. Advertisement. June 1, 1954. Accessed through Newspapers.com.

Santa Ana, City of. Building Permits for 915 West Riviera Drive from 1953 to 2025.

Santa Ana City Directory. 1954-1960. Accessed through Ancestry.com.

City Council 13 – 69 10/20/2026
State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________

Page 5 ends

*Recorded by Ashley Losco *Date September 28, 2026  Continuation  Update DPR 523L
Additional Figures:

Figure 2. The primary, south façade features a flush wood door and side lite recessed under the primary roofline. Facing north.

Figure 3. The south façade features paired double-hung wood frame sash windows. Facing northwest.

Figure 4. The south façade features the original garage opening and door. Facing northwest.

Figure 5. The north façade faces the rear yard and features a recessed porch. Facing southwest.

Figure 6. One of the secondary entrances on the north
façade has a floor-to-ceiling, wood-framed sliding glass door.

Facing southeast.

Figure 7. Another secondary entrance on the north façade has a single wood framed glazed door. Facing west.

City Council 13 – 70 10/20/2026
State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________

Page 6 ends

*Recorded by Ashley Losco *Date September 28, 2026  Continuation  Update DPR 523L
Figure 8. Another secondary entrance on the north façade has a woodframe sliding glass door. Facing west. Figure 9. At the north façade, there are three original two-overtwo wood sash windows. Facing southwest.

Figure 10. Other windows on the north façade are aluminum framed vertical sliding sash windows. Facing southwest. Figure 11. A secondary garage entrance is located on the north façade. Facing southeast.

Figure 12. The west façade replacement wood frame
windows. Facing north. Figure 13. The east façade of the attached garage has no architectural features. Facing north.

City Council 13 – 71 10/20/2026
State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________

Page 7 ends

*Recorded by Ashley Losco *Date September 28, 2026  Continuation  Update DPR 523L
Figure 14. At the rear yard is a detached pool house. Facing northeast.

City Council 13 – 72 10/20/2026

MILLS ACT AGREEMENT
915 W. Riviera Drive
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, and such design is compatible with City Council 13 – 73 10/20/2026

MILLS ACT AGREEMENT
915 W. Riviera Drive
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 13 – 74 10/20/2026
Exhibit D: Proposed Structure Improvements (“Work Plan”) 915 West Riviera Drive
Item Year Improvement
1 2027 Repair or replace front door in-kind with staff approval. 2 2028 Repair garage door in-kind with staff approval.
3 2029 Assess all siding (stucco, slump block brick, and shiplap) for cracking and other damage; replace or repair in-kind with staff approval.
4 2031 Assess condition of windows; replace in-kind, as necessary with staff approval. 5 2033 Assess condition of roofing (composition shingles) and fascia and repair or replace in-kind, as necessary with staff approval.
6 2035 Assess condition of exterior brick chimney and repair or replace in-kind, as necessary with staff approval.
7 2036 Assess hardscaping, including driveway, walkways, and porch/patio steps and flooring, throughout the residence and repair or replace in-kind, as necessary and with staff approval.

City Council 13 – 75 10/20/2026
Planning and Building Agency
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Planning Commission Staff Report
September 28, 2026
Topic: HRCA No. 2026-9, HRC No. 2026-5, HPPA No. 2026-5 – The Markel House (915 W. Riviera Drive)

RECOMMENDED ACTIONS

1. Adopt a resolution approving Historic Resources Commission Application No. 2025-9 and Historic Register Categorization No. 2026-5; and

2. Recommend that the City Council authorize the City Manager and City Clerk to execute the attached Mills Act agreement with Claire Jackson, for the property located at 915 W. Riviera Drive, subject to non-substantive changes approved by the City Manager and City Attorney.

EXECUTIVE SUMMARY
Claire Jackson, Trustee of The Claire Jackson Trust, Dated 8/16/2025, is requesting approval to designate an existing Ranch-style residence located at 915 W. Riviera Drive on the Santa Ana Register of Historical Properties (“Register”), 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 a Ranch-style house. It is worthy of “Key” categorization for its distinctive architectural style and quality of the Ranch style including the following character-defining features of the house’s original Ranch-style construction: low pitched hipped roof, stucco, shiplap, and slump block brick exterior sidings, wood frame side lite with beveled glass, wood frame sash windows throughout, and garage door.

DISCUSSION
Project Location and Site Description
Located on a mid-block parcel in the West Floral Park neighborhood, the Markel House consists of a one-story, single-family residence and attached garage constructed in the Ranch style. The parcel is bounded on the north, east, and west by private properties and West Riviera Street to the south. The one-story residence has an L-shaped plan and a concrete foundation. Its low pitched hipped roof is clad in composition shingles, and the exterior walls are sheathed in smooth stucco and slump block brick. Facing West Riviera City Council 13 – 76 10/20/2026
HRCA No. 2026-9, HRC No. 2026-5, HPPA No. 2026-5 – The Markel House (915 W.

Riviera Drive)
September 28, 2026

Page 2 ends

Drive to the south, the asymmetrical main façade is characterized by a flush wood front door with a wood framed beveled side lite sited under the primary roofline and flanked by vertical wood shiplap siding. The entrance is accessible by concrete and brick lined steps.

To the east and west of the front door are paired one-over-one and two-over-two single hung wood sash windows. The entrance to the attached garage is also located on the south façade. It features the original wood paneled, tilt-up door. Between the roofline of the residence and the roofline of the garage is an original interior ridge brick chimney.

The north elevation faces the rear of the property and features a recessed covered porch with square wood posts and three secondary entrances. Two of the entrances are under the covered porch: one is a floor-to-ceiling aluminum-framed sliding glass door flanked by floor-to-ceiling fixed pane windows, and the other entrance is a glazed wood framed door. The third entrance is sited on the west side of the façade with an aluminum-framed sliding glass door. The windows throughout the north elevation are original two-over-two wood frame sash windows, aluminum vertical sliding sash, or one-over-one sash windows added in 2019. The garage has a non-original secondary entrance on the north façade with a roll-up door.

The west elevation faces an adjacent property and features replacement wood frame oneover-one sash windows. The east elevation of the garage is devoid of architectural elaborations.

The front of the property is set back from West Riviera Drive with a grassy lawn, ornamental plantings, concrete walkways, and a concrete driveway. The rear yard has a concrete patio, pool, detached pool house, grassy lawn, and mature trees.

Analysis of the Issues
Historical Listing
In March 1999, the City Council adopted Ordinance No. NS-2363, establishing the Historic Resources Commission (HRC) and the Santa Ana Register of Historical Properties (“Register”). For more than 25 years, the HRC served as the City’s review authority for matters involving the designation and categorization of historic properties and other historic preservation applications pursuant to Chapter 30 of the Santa Ana Municipal Code (SAMC).

On July 7, 2026, the City Council adopted Ordinance No. NS-3097, which dissolved the HRC and transferred its historic preservation powers and duties to the Planning Commission. Ordinance No. NS-3097 became effective on August 6, 2026. As a result, the Planning Commission now serves as the City’s review authority for historic preservation matters previously considered by the HRC, including applications to designate and categorize properties for inclusion on the Register.

City Council 13 – 77 10/20/2026
HRCA No. 2026-9, HRC No. 2026-5, HPPA No. 2026-5 – The Markel House (915 W.

Riviera Drive)
September 28, 2026

Page 3 ends

Accordingly, the Planning Commission is considering Historic Resources Commission Application No. 2026-9 and Historic Register Categorization No. 2026-5 pursuant to the applicable provisions of Chapter 30 of the SAMC. The applications require the Planning Commission to apply the selection and categorization criteria established in Chapter 30 to determine whether the Markel House is eligible for designation and listing on the Santa Ana Register of Historical Properties and, if eligible, the appropriate historic categorization. The first criterion for selection requires that a structure be 50 or more years old.

The structure identified meets the selection criteria for inclusion on the Register pursuant to criteria contained in Section 30-2 of the SAMC, as the structure is 73 years old and is a sound example of period architecture. No known code violations exist on record for this property.

The Markel House is architecturally significant as an intact example of a Ranch-style house in Santa Ana. The original building permit indicates the property was constructed in 1953 as a single-family residence and detached garage at a cost of $18,500 for and by Walter J. Markel. According to a 1953 The Register newspaper article, the building permit was issued to Lloyd Westlake, who worked for Mr. Markel at Walter J. Markel Construction Company; the largest permit issued that week in November 1953 (The Register 1953; Santa Ana City Directory 1954). Mr. Markel was a contractor and listed the Riviera Drive property as his place of business (The Register 1954). The home was host to many events in Santa Ana: bridal showers, engagement parties, garden parties for the Federated Republican Women of Santa Ana. Walter and his wife Bernadine lived at the property from 1953 to circa 1961.

Walter was born in New Orleans in 1910, and he and his family moved to Santa Ana by the 1920s when Walter was listed in newspaper articles for participating in school plays and concerts (The Register 1922). In the 1930 U.S. Census, Walter’s father, Julien, was listed as a building contractor, and Walter was listed as a cement finisher, likely working for Julien (Ancestry.com 2002). Walter went on to form his own contracting company, mostly laying foundations and other concrete work. Walter was a founding member of the Santa Ana Chapter of the Knights of Columbus (The Register 1934). Bernadine Ashen Markel was born in 1913 in Colorado, though research did not identify when Bernadine moved to California. She was a member of several clubs in Santa Ana include the St.

Joseph’s Parish, Capistrano Y.L.I. and the Federated Republican Women of Santa Ana.

Walter passed away in 1988 and Bernadine in 1997, owning and occupying the residence until each of them passed away.

The Markel House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Ranch-style home in Santa Ana. Located in West Floral Park, the house was constructed in 1953. The recommended categorization is “Key” for its distinctive architectural style and quality of the Ranch style (Santa Ana City Council 13 – 78 10/20/2026
HRCA No. 2026-9, HRC No. 2026-5, HPPA No. 2026-5 – The Markel House (915 W.

Riviera Drive)
September 28, 2026

Page 4 ends

Municipal Code, Section 30-2.2). Character-defining features of the house’s original Ranch-style construction include, but are not necessarily limited to, low pitched hipped roof, stucco, shiplap, and slump block brick exterior sidings, wood frame side lite with beveled glass, wood frame sash windows throughout, and garage door.

Mills Act Agreement
Ordinance No. NS-2382 established the City’s Historic Property Preservation Agreement (HPPA) program, commonly known as the Mills Act program, for eligible historic properties. Historically, the Historic Resources Commission served as the review authority for Mills Act agreements. However, on July 7, 2026, the City Council adopted Ordinance No. NS-3097, which dissolved the Historic Resources Commission and transferred its historic preservation powers and duties to the Planning Commission.

Accordingly, the Planning Commission now reviews Mills Act applications and makes a recommendation to the City Council regarding approval of the agreement.

To be eligible for a Mills Act agreement, a 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 would designate and categorize the property for inclusion on the local register, thereby establishing its eligibility 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 and preserve the property in a good state of repair and in a manner that maintains its historic character and appearance.

Once recorded, the agreement provides for an alternative method of determining the property’s assessed value, which may result in property tax savings for the owner. In addition to potential tax savings, the benefits of a Mills Act agreement 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 and Planning Division staff during the initial ten years of the Mills Act Agreement include the following:
1) repair or replace front door in-kind with staff approval; 2) repair garage door in-kind with staff approval; 3) assess all siding (stucco, slump block brick, and shiplap) for City Council 13 – 79 10/20/2026
HRCA No. 2026-9, HRC No. 2026-5, HPPA No. 2026-5 – The Markel House (915 W.

Riviera Drive)
September 28, 2026

Page 5 ends

cracking and other damage; replace or repair in-kind with staff approval; 4) assess condition of windows; replace in-kind, as necessary with staff approval; 5) assess condition of roofing (composition shingles) and fascia and repair or replace in-kind, as necessary with staff approval; 6) assess condition of exterior brick chimney and repair or replace in-kind, as necessary with staff approval; and 7) assess hardscaping, including driveway, walkways, and porch/patio steps and flooring, throughout the residence and repair or replace in-kind, as necessary and with staff approval.

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

ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15331 of the CEQA Guidelines (Class 31 – Historical Resource Restoration/Rehabilitation) as these actions are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2026-057, will be filed for this project.

FISCAL IMPACT
The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $1,077.70 annually, for a period of not less than ten years.

City Council 13 – 80 10/20/2026
HRCA No. 2026-9, HRC No. 2026-5, HPPA No. 2026-5 – The Markel House (915 W.

Riviera Drive)
September 28, 2026

Page 6 ends

EXHIBITS

1. Resolution

2. Mills Act Agreement – 915 W. Riviera Drive

3. 500-Foot Radius Map – 915 W. Riviera Drive

4. Copy of Public Notice – 915 W. Riviera Drive
Submitted By: Pedro Gomez, AICP, Principal Planner
Approved By: Ali Pezeshkpour, AICP, Executive Director of the Planning and Building Agency
City Council 13 – 81 10/20/2026
Public Works Agency
www.santa-ana.gov/pw
Item # 14
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 20, 2026
TOPIC: Agreement for Public Space Maintenance Services at the Santa Ana Civic Center and Santa Ana Regional Transportation Center

AGENDA TITLE
Award of an Agreement with End Result Services, LLC for Public Space Maintenance Services at the Santa Ana Civic Center and Santa Ana Regional Transportation Center (Specification No. 27-00527-005) (General Fund & Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with End Result Services, LLC to provide public space maintenance services at the Santa Ana Civic Center and Santa Ana Regional Transportation Center beginning October 20, 2026 and expiring October 19, 2027, with an estimated annual budget of $504,541 with provisions for four, oneyear extensions, in an amount not to exceed $2,522,705. (Agreement No. A-2026-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
The Public Works Agency (PWA) maintains City facilities and public spaces throughout Santa Ana. As a part of these responsibilities, PWA provides public space cleaning and pressure washing services at various high-use municipal and public facilities to maintain safe, clean, and presentable environments for residents and visitors. These services include facilities located within the Santa Ana Civic Center, Main Library, and Santa Ana Regional Transportation Center (SARTC).

Since 2022, the City has contracted with Superior Property Service, Inc. to pressure wash the Santa Ana Civic Center at an annual cost of approximately $320,000. That contract expired on June 30, 2026. Separately, the City budgeted approximately $50,000 annually for pressure washing services at SARTC through a contract with TSCM Corporation, which also expired on June 30, 2026.

The new proposed agreement will provide comprehensive pressure washing and maintenance services to preserve the cleanliness, safety, and aesthetic appeal of key municipal and regional facilities. The scope requires specialized equipment, materials, labor, and service capacity that exceed the City’s current staffing and available resources. Additionally, a significant portion of the funding for these services is provided City Council 14 – 1 10/20/2026
Agreement for Public Space Maintenance Services at the Santa Ana Civic Center and Santa Ana Regional Transportation Center
October 20, 2026

Page 2 ends

through the Civic Center Joint Powers Agreement with the County of Orange and would require coordination with County staff. Through joint budgeting with County staff, all annual maintenance in the Santa Ana Civic Center is budgeted and paid for through the Orange County Civic Center Parking Maintenance Fund (Fund 828). While staff evaluates the feasibility of bringing these services in-house, the City will utilize the contractual agreement to ensure consistent and uninterrupted service. The vendor will maintain public spaces to the highest standards through specialized surface cleaning and deep-sanitization practices.

Under the proposed contract, the vendor will perform routine and deep-cleaning maintenance, specifically utilizing hot steam pressure washing, across key locations within the Santa Ana Civic Center and surrounding facilities. This scope encompasses regular washing and deep cleaning of walkways, plaza spaces, gathering areas, and hardscape surfaces throughout the main campus grounds. Services will extend to highvolume City, State, and County facilities, including deep cleaning of entrance plazas, steps, walkways, and heavy foot-traffic zones at the Courthouses; targeted cleaning of building exteriors, main entrances, courtyards, and perimeter walkways at Santa Ana City Hall; and surface washing of public access points, outdoor seating areas, and surrounding concrete pathways at both the Orange County Public Law Library and City Library. Additionally, the vendor will deliver comprehensive pressure washing of station platforms, transit concourses, sidewalk connections, and surrounding high-traffic public grounds at the SARTC to maintain a clean transit environment for commuters and visitors.

To deliver effective services, the vendor will utilize heavy-duty, hot steam pressure washing units capable of removing grease, gum, stains, public health hazards, and embedded grime that standard cold-water washing cannot resolve. All pressure washing activities will strictly comply with local environmental standards, including stormwater runoff prevention and wastewater containment protocols.

The City issued Request for Proposals (RFP) No. 27-005 on August 18, 2026, on the City’s online bid management and publication system. A summary of vendor participation and results is as follows:

337 Vendors notified
15 Santa Ana vendors notified
35 Vendors downloaded the RFP packet
6 Responsive proposals received
0 Responsive proposals received from Santa Ana vendors
Proposals were opened on September 9, 2026, and evaluated. Six (6) proposals were submitted by the RFP deadline and were determined to be responsive to the City Council 14 – 2 10/20/2026
Agreement for Public Space Maintenance Services at the Santa Ana Civic Center and Santa Ana Regional Transportation Center
October 20, 2026

Page 3 ends

specifications and met the City’s requirements. An evaluation committee reviewed and rated the proposals according to the criteria listed in the RFP. Based on criteria outlined in the RFP, the following summarizes the top responding firms:

Firm City Ranking
End Result Services, LLC San Clemente 1
Superior Property Services, Inc. Anaheim 2
Amtek Construction Orange 3
Staff recommends awarding an agreement to the highest-ranked firm, End Result Services, LLC (Exhibit 1). End Result Services, LLC was determined to be the lowest bid and responsive to the specifications. The firm’s proposal demonstrates the experience and trained personnel necessary to perform the required scope of work, with more than 50 completed commercial, municipal, school, transit, Home Owner Associations, and public-facing projects throughout Southern California. Since July 2026, End Result has successfully provided semimonthly power washing services at SARTC, covering approximately 50,000 square feet, with services completed without complaints, safety incidents, or environmental violations. Their experience demonstrates the firm’s ability to operate safely and effectively within active public facilities while meeting the City’s operational requirements.

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

FISCAL IMPACT
Funds are budgeted and available in the following accounts for Fiscal Year 2026-27.

Subsequent fiscal year funding for renewal options, if exercised, will be included in the proposed budgets for City Council consideration. The following is an estimate of expenditures by fiscal year. Actual expenditures may vary by fiscal year based on operational needs, provided total expenditures do not exceed the total contract amount authorized by City Council.

Actual expenditures for services at the Santa Ana Civic Center will be charged to the applicable City-designated Civic Center Maintenance account and reimbursed through the County of Orange managed fund, Fund 828 (Orange County Civic Center Parking Maintenance Fund).

City Council 14 – 3 10/20/2026
Agreement for Public Space Maintenance Services at the Santa Ana Civic Center and Santa Ana Regional Transportation Center
October 20, 2026

Page 4 ends

Fiscal Year
Accounting
Unit –
Account No.
(Project No.)
Fund
Description
Accounting Unit,
Account Description Amount
Current Budget
07417655-
62320 (27-
6014)
Civic Center
Maintenance
Civic Center
Maintenance,
Maintenance & Repair
Buildings & Ground
$225,000
06717650-
62320
Regional Transp
Center
PWA – SARTC
Operations,
Maintenance & Repair
Buildings & Ground
$75,000
01111110-
62300 General Fund
Library-Administration,
Contract ServicesProfessional$10,906
2026-27
(Oct 20-Jun
30)
01117651-
62320 General Fund
Park Maintenance
Serv Enhcment,
Maintenance & Repair
Buildings & Ground
$67,500
07417655-
62320
Civic Center
Maintenance
Civic Center
Maintenance,
Maintenance & Repair
Buildings & Ground
$75,000
06717650-
62320
Regional Transp
Center
PWA – SARTC
Operations,
Maintenance & Repair
Buildings & Ground
$25,000
01111110-
62300 General Fund
Library-Administration,
Contract ServicesProfessional$3,635
2027-28
(Jul 1-Oct 19)
01117651-
62320 General Fund
Park Maintenance
Serv Enhcment,
Maintenance & Repair
Buildings & Ground
$22,500
TOTAL (ONE-YEAR) $504,541
City Council 14 – 4 10/20/2026
Agreement for Public Space Maintenance Services at the Santa Ana Civic Center and Santa Ana Regional Transportation Center
October 20, 2026

Page 5 ends

Fiscal Year
Accounting
Unit –
Account No.
(Project No.)
Fund
Description
Accounting Unit,
Account Description Amount
Optional Four, One-Year Extensions:
07417655-
62320
Civic Center
Maintenance
Civic Center
Maintenance,
Maintenance &
Repair Buildings &
Ground
$225,000
06717650-
62320
Regional Transp
Center
PWA – SARTC
Operations,
Maintenance &
Repair Buildings &
Ground
$75,000
01111110-
62300 General Fund
LibraryAdministration,
Contract ServicesProfessional
$10,906
2027-28
(Jul 1-Oct 19)
01117651-
62320 General Fund
Park Maintenance
Serv Enhcment,
Maintenance &
Repair Buildings &
Ground
$67,500
TOTAL (FY 2027-28) $378,406
07417655-
6230
Civic Center
Maintenance
Civic Center
Maintenance,
Maintenance &
Repair Buildings &
Ground
$300,000
06717650-
62320
Regional Transp
Center
PWA – SARTC
Operations,
Maintenance &
Repair Buildings &
Ground
$100,000 2028-29
01111110-
62300 General Fund
LibraryAdministration,
Contract ServicesProfessional
$14,541
City Council 14 – 5 10/20/2026
Agreement for Public Space Maintenance Services at the Santa Ana Civic Center and Santa Ana Regional Transportation Center
October 20, 2026

Page 6 ends

Fiscal Year Accounting
Unit –
Account No.
(Project No.)
Fund
Description
Accounting Unit,
Account Description
Amount
2028-29 01117651-
62320 General Fund
Park Maintenance
Serv Enhcment,
Maintenance &
Repair Buildings &
Ground
$90,000
TOTAL (FY 2028-29) $504,541
07417655-6232 Civic Center
Maintenance
Civic Center
Maintenance,
Maintenance & Repair
Buildings & Ground
$300,000
06717650-62320 Regional Transp
Center
PWA – SARTC
Operations,
Maintenance & Repair
Buildings & Ground
$100,000
01111110-62300 General Fund
LibraryAdministration,
Contract ServicesProfessional
$14,541
2029-30
01117651-62320 General Fund
Park Maintenance
Serv Enhcment,
Maintenance & Repair
Buildings & Ground
$90,000
TOTAL (FY 2029-30) $504,541
07417655-62320 Civic Center
Maintenance
Civic Center
Maintenance,
Maintenance & Repair
Buildings & Grounds
$300,000
06717650-62320 Regional Transp
Center
PWA – SARTC
Operations,
Maintenance & Repair
Buildings & Ground
$100,000 2030-31
01111110-62300 General Fund LibraryAdministration,
Contract ServicesProfessional
$14,541
City Council 14 – 6 10/20/2026
Agreement for Public Space Maintenance Services at the Santa Ana Civic Center and Santa Ana Regional Transportation Center
October 20, 2026

Page 7 ends

Fiscal
Year
Accounting Unit
– Account No.
(Project No.)
Fund
Description
Accounting Unit,
Account Description
Amount
2030-31
01117651-62320 General Fund Park Maintenance
Serv Enhcment,
Maintenance &
Repair Buildings &
Ground
$90,000
TOTAL (FY 2030-31) $504,541
07417655-62320 Civic Center
Maintenance
Civic Center
Maintenance,
Maintenance &
Repair Buildings &
Ground
$75,000
06717650-62320 Regional Transp
Center
PWA – SARTC
Operations,
Maintenance &
Repair Buildings &
Ground
$25,000
01111110-62300 General Fund LibraryAdministration,
Contract ServicesProfessional
$3,635
2031-32
(Jul 1-Oct
19)
01117651-62320 General Fund Park Maintenance
Serv Enhcment,
Maintenance &
Repair Buildings &
Ground
$22,500
TOTAL (FY 2031-32) $126,135
FIVE-YEAR TERM TOTAL $2,522,705

EXHIBIT(S)

1. Agreement with End Result Services, LLC
Submitted By: Rodolfo Rosas, P.E., Acting Executive Director of Public Works Approved By: Alvaro Nuñez, City Manager
City Council 14 – 7 10/20/2026

Page 1 of 8 ends

AGREEMENT WITH END RESULT SERVICES, LLC, FOR

EXTERIOR MAINTENANCE SERVICES
THIS AGREEMENT is made and entered into on this 20th day of October, 2026 by and between End Result Services, LLC (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. On August 18, 2026, City issued Request for Proposal (“RFP”) No. 27-005, by which it sought qualified consultants to provide exterior maintenance services, including power washing, pressure washing, steam cleaning, and power sweeping.

B. Consultant submitted a responsive proposal that was selected by City. Consultant represents that it is able and willing to provide the services described in the scope of work included with RFP 27-005.

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

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

1. SCOPE OF SERVICES
Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A, attached hereto and incorporated by reference.

COMPENSATION
City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed
$2, , . Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant’s account(s) with financial institutions.

Payment need not be made for work which fails to meet the standards of performance Exhibit 1
City Council 14 – 8 10/20/2026

Page 2 of 8 ends
← All documents from this meeting