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HomeMy WebLinkAbout10-03-19 AGENDA PACKETCITY OF SANTA ANA HISTORIC RESOURCES COMMISSION REGULAR MEETING AGENDA OCTOBER 3, 2019 4:30 P.M. COUNCIL CHAMBER 22 CIVIC CENTER SANTA ANA, CALIFORNIA ALBERTA CHRISTY Chair, Ward 2 Representative PHILLIP SCHAEFER VICE CHAIR, CITYWIDE REPRESENTATIVE LAURENCE HITTERDALE WARD 1 REPRESENTATIVE EDWARD MURASHIE WARD 3 REPRESENTATIVE VACANT WARD 4 REPRESENTATIVE TIM RUSH WARD 5 REPRESENTATIVE FELIX RIVERA PLANNING COMMISSION REP. STEVEN NGUYEN WARD 6 REPRESENTATIVE MIKE TARDIF COMM. REDEV. & HOUSING COMMISSION REP. The Historic Resources Agenda can be found online at https://www.santa-ana.org/cc/city-meetings Si tiene preguntas en español, favor de llamar a Narcee Perez al (714) 667-2260. Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627. Prior to the meeting: If you wish to submit a comment on any item on the Agenda, please submit to eComments@santa-ana.org by 1:00 p.m. the day of the meeting; emails received after said time will not be distributed to the Commission but will be on file for public viewing the day after the meeting. During the meeting: If you wish to comment on any item on the Agenda, please complete and submit a Request to Speak form to the Commission Secretary before the agenda item is considered. Request to Speak forms will be available at the meeting. Members of the public will be allotted three minutes to speak, unless additional time is granted by the Chairperson. Request to Speak shall not be accepted after the public comment session begins without permission of the Chairperson. If you need special assistance to participate in this meeting, please contact Michael Ortiz, ADA Program Coordinator, at (714) 647-5624. Please call prior to the meeting date, to allow the City time to make reasonable arrangements for accessibility to this meeting [Americans with Disabilities Act, Title II, 28 CFR 35.102]. Lisa E. Storck Legal Counsel Vince Fregoso Interim Planning Manager Sarah Bernal Recording Secretary Minh Thai Executive Director Basic Historic Resources Commission Meeting Information Five-Year Strategic Plan (2014-2019) :Vision, Mission and Guiding Principles - The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The vision, mission and guiding principles (values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow. Vision - The dynamic center of Orange County which is acclaimed for our: •Investment in youth •Safe and healthy community Mission – “To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.” Guiding Principles – •Collaboration •Efficiency •Equity •Excellence •Fiscal Responsibility •Innovation •Transparency Strategic Plan Goals/Objectives/Strategies: Goal 1 - Community Safety; Goal 2 - Youth, Education, Recreation; Goal 3 - Economic Development; Goal 4 - City Financial Stability; Goal 5 - Community Health, Livability, Engagement & Sustainability; Goal 6 - Community Facilities & Infrastructure; Goal 7 - Team Santa Ana Code of Ethics and Conduct - The people of the City of Santa Ana, at an election held on February 5, 2008, approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. A copy of the City’s Code can be found on the Clerk of the Council’s webpage. The following are the core values expressed: Integrity · Honesty · Responsibility · Fairness · Accountability · Respect · Efficiency Senate Bill 343 - As required by Senate Bill 343, any non-confidential writings or documents provided to a majority of the Historic Resources Commission members regarding any item on this agenda will be made available for public inspection in the Planning & Building Agency during normal business hours. Agenda: An agenda is provided for each Commission meeting. The Commission agenda is posted on the posting boards outside the Civic Center entrance and Council Chamber. Meeting agendas and approved minutes are kept current on the City website at www.santa-ana.org/cc/city-meetings. The items on the agenda are arranged in four categories: 1. Consent Calendar: These are relatively minor in nature, do not have any outstanding issues or concerns, and do not require a public hearing. All consent calendar items are considered by the Commission as one item and a single vote is taken for their approval, unless an item is pulled from the consent calendar for individual discussion. There is no public discussion of consent calendar items unless requested by the Commission. 2. Business Items: Items in this category are general in nature and may require Commission action. Public input may be received at the request of the Commission. See information for Speaker’s Card/Request to Speak on the first page. 3. Public Hearings: This category is for case applications that require, by law, a hearing open to public comment because of the discretionary nature of the request. Public hearings are formally conducted and public input/testimony is requested at a specific time. This is your opportunity to speak on the item(s) that concern you. If, in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing. 4. Work Study Session: Items in this category are generally items requiring discussion. No action will be taken. Persons wishing to speak regarding Work Study Session matters should file a "Request to Speak" form with the Recording Secretary. Public Hearing Procedure: The Planning Commission will follow the following procedure for all items listed as public hearing items: 1. The Chair will ask for presentation of the staff report; 2. The Commission will have the opportunity to question staff in order to clarify any specific points; 3. The public hearing will be opened; 4. The applicant/project representative will be allowed to make a presentation, for a maximum of 15 minutes. 5. Members of the audience will be allowed to speak, for a maximum of 3 minutes per speaker. 6. The applicant will be given an opportunity to respond to comments made by the audience; 7. The public hearing will be closed; and 8. Discussion of the proposal will return to the Commission with formal action taken to approve, conditionally approve, deny, or continue review of the application. Staff Reports: Staff reports can be downloaded from the City’s website at https://www.santa-ana.org/cc/city-meetings If you have any questions regarding any item of business on the agenda for this meeting, or any of the staff reports or other documentation relating to any agenda item, please contact the Planning and Building Agency at 714-667-2732. Appeals: The formal action by the Commission shall become effective after the ten-day appeal period, unless the City Council in compliance with section 41-643, 41-644 or 41-645 holds a public hearing on the matter, then the formal action will become effective on the day following the hearing and decision by the City Council. An appeal from the decision or requirement of the Commission must be filed with the Clerk of the Council and a copy sent to the Planning Department within ten days of the date of the Commission’s action. The appeal may be made by any interested party, individual or group. The appeal must be filed with the Clerk of the Council, accompanied by the required filing fee, and a copy sent to the Planning Department, within ten days of the date of the Commission’s action, by 5:00 p.m. If the final day to appeal falls on a City Hall observed holiday or a day when City hall is closed, the final day to appeal shall be extended to the next day City Hall is open for public business. Please note: Under California Government Code Sec. 65009, if you challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orall y at the public hearing or in written correspondence received by the Commission or City Council at or before the hearing. Submittal of information for dissemination or presentation at public meetings: Written Materials/Handouts: Any member of the public who desires to submit documentation in hard copy form may do so prior to the meeting or at the time he/she addresses the Commission. Please provide 15 copies of the information to be submitted and file with the Recording Secretary at the time of arrival to the meeting. This information will be disseminated to the Commission at the time testimony is given. Large Displays/Maps/Renderings: Any member of the public who desires to display freestanding large displays or renderings in conjunction with their public testimony is asked to notify the Planning and Building Agency at 714-667-2732 no later than noon on the day of the scheduled meeting. Electronic Documents/Audio-Visuals: Any member of the public who desires to display information electronically in conjunction with their public testimony is asked to submit the information to the Planning and Building Agency at 714- 667-2732 no later than noon on the day of the scheduled meeting. HISTORIC RESOURCES COMMISSION AGENDA 2 October 3, 2019 CITY OF SANTA ANA HISTORIC RESOURCES COMMISSION MEETING AGENDA OCTOBER 3, 2019 4:30 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CERTIFICATE OF RECOGNITION presented to former Commissioner Ginelle Hardy for her contributions to the community. PUBLIC COMMENTS – At this time the members of the public may address the Commission regarding any non-agenda items within the subject matter jurisdiction of the Commission. No action may be taken on non-agenda items unless authorized by law. Members of the public will be allotted three minutes to speak. RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: A through C. ADMINISTRATIVE MATTERS A. MINUTES FROM THE SPECIAL MEETING HELD ON JULY 11, 2019 RECOMMENDED ACTION: Approve Minutes. B. EXCUSED ABSENCES RECOMMENDED ACTION: Excuse absent commission members. AGREEMENTS C. HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2019-02 (MILLS ACT) FOR THE PROPERTY LOCATED AT 2420 NORTH VALENCIA STREET {STRATEGIC PLAN NOS. 5, 2; 5,3} CONSENT CALENDAR Persons wishing to speak regarding Consent Calendar matters should file a "Request to Speak" form with the Recording Secretary. Members of the public will be allotted three minutes to speak, unless additional time is granted by the Chairperson. HISTORIC RESOURCES COMMISSION AGENDA 3 October 3, 2019 RECOMMENDED ACTION: Recommend that the City Council authorize the City Manager and Clerk of the Council to execute a Historic Property Preservation Agreement (Mills Act) with Steve Paul Wareham and Nadine Louise Wareham for the property located at 2420 North Valencia Street, subject to non-substantive changes approved by the City Manager and City Attorney * * * END OF CONSENT CALENDAR * * * COMMUNICATION DISCLOSURE - Commissioner disclosure regarding agendized projects. ADMINISTRATIVE MATTERS 1. AD HOC COMMITTEE NOMINATIONS FOR 2019 HISTORIC PRESERVATION AWARD WINNERS {STRATEGIC PLAN NOS. 5, 2; 5,3} RECOMMENDED ACTIONS: Approve Ad Hoc Committee nominations for 2019 City of Santa Ana Historic Preservation Awards. 2. CANCEL THE REGULAR MEETING SCHEDULED FOR JANUARY 2, 2020 AND CALL FOR A SPECIAL MEETING ON JANUARY 23, 2020 {STRATEGIC PLAN NOS. 5, 2; 5,3} RECOMMENDED ACTIONS: 1. Cancel the regular meeting scheduled for January 2, 2020; and 2. Hold a special meeting on January 23, 2020 ***END OF BUSINESS CALENDAR*** BUSINESS CALENDAR Persons wishing to speak regarding Business Calendar matters should file a "Request to Speak" form with the Recording Secretary. Members of the public will be allotted three minutes to speak, unless additional time is granted by the Chairperson. HISTORIC RESOURCES COMMISSION AGENDA 4 October 3, 2019 3. REVIEW THE POWERS AND DUTIES OF THE HISTORIC RESOURCES COMMISSION, AND DISCUSS THE PROCESS TO FORWARD HISTORIC RELATED RECOMMENDATIONS AND/OR CONCERNS TO THE CITY COUNCIL ON MATTERS PERTAINING TO 1) HISTORIC APPLICATION FEES, 2) HISTORICALLY SENSITIVE NEIGHBORHOODS, 3) HISTORIC RESOURCES PROTECTION AND ENFORCEMENT, INCLUDING A REVIEW OF THE SECRETARY OF INTERIOR GUIDELINES AND STANDARDS, AND 4) PRESERVATION OF HISTORIC TREES {STRATEGIC PLAN NOS. 5, 2; 5,3} ***END OF WORK STUDY CALENDAR*** COMMENTS 4. STAFF COMMENTS 5. COMMISSION MEMBER COMMENTS ADJOURNMENT - The next regular meeting of the Historic Resources Commission scheduled on January 2, 2020 is cancelled. A Special Meeting will be held on Thursday, January 23, 2020 at 4:30 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. WORK STUDY SESSION Persons wishing to speak regarding Business Calendar matters should file a "Request to Speak" form with the Recording Secretary. Members of the public will be allotted three minutes to speak, unless additional time is granted by the Chairperson. This page left blank intentionally. HISTORIC RESOURCES COMMISSION MINUTES 1 July 11, 2019 ACTION MINUTES OF THE MEETING OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA JULY 11, 2019 CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 4:37 P.M. PLEDGE OF ALLEGIANCE ROLL CALL COMMISSIONERS Present: ALBERTA CHRISTY, Chair CYNTHIA CONTRERAS-LEO GINELLE HARDY LAURENCE HITTERDALE EDWARD MURASHIE STEVEN NGUYEN ISURI RAMOS TIM RUSH PHIL SCHAEFER, Vice Chair COMMISSIONERS Absent: ISURI RAMOS (excused) STAFF Present: MINH THAI, Executive Director CANDIDA NEAL, Planning Manager LISA STORCK, Assistant City Attorney PEDRO GOMEZ, Associate Planner SARAH BERNAL, Recording Secretary PUBLIC COMMENTS (on non-agenda items): • Library Assistant, Dylan Almendral, reported that Floral Park will be nominated for placement on the National Register of Historic Places as a Historic District. A-1 HISTORIC RESOURCES COMMISSION MINUTES 2 July 11, 2019 CONSENT CALENDAR ADMINISTRATIVE MATTERS *Item B moved to the end of the calendar A. MINUTES FROM THE MEETING HELD ON APRIL 4, 2019, AS AMENDED. MOTION: Approve Minutes. MOTION: HARDY SECOND: SCHAEFER VOTE: AYES: CHRISTY, CONTRERAS-LEO, HARDY, HITTERDALE, MURASHIE, NGUYEN, RUSH, SCHAEFER (8) NOES: NONE (0) ABSTAIN: NONE (0) ABSENT: RAMOS (1) C. HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2019-01 (MILLS ACT) FOR THE PROPERTY LOCATED AT 2112 NORTH FLOWER STREET MOTION: Recommend that the City Council authorize the City Manager and Clerk of the Council to execute a Historic Property Preservation Agreement (Mills Act) with Khanh B. Nguyen and Chinh K. Do for the property located at 2112 North Flower Street, subject to non-substantive changes approved by the City Manager and City Attorney. MOTION: SCHAEFER SECOND: NGUYEN VOTE: AYES: CHRISTY, CONTRERAS-LEO, HARDY, HITTERDALE, MURASHIE, NGUYEN, RUSH, SCHAEFER (8) NOES: NONE (0) ABSTAIN: NONE (0) ABSENT: RAMOS (1) * * * END OF CONSENT CALENDAR * * * A-2 HISTORIC RESOURCES COMMISSION MINUTES 3 July 11, 2019 BUSINESS CALENDAR COMMISSIONER COMMUNICATION DISCLOSURE: None ADMINISTRATIVE MATTERS 1. ELECTION OF OFFICERS FOR THE HISTORIC RESOURCES COMMISSION FOR THE 2019 – 2020 TERM Alberta Christy was nominated to continue serving as Chairperson. There were no other nominations. MOTION: Elect Alberta Christy as Chairperson for the 2019-2020 term MOTION: CONTRERAS- LEO SECOND: NGUYEN VOTE: AYES: CHRISTY, CONTRERAS-LEO, HARDY, HITTERDALE, MURASHIE, NGUYEN, RUSH, SCHAEFER (8) NOES: NONE (0) ABSTAIN: NONE (0) ABSENT: RAMOS (1) Commissioner Murashie nominated Commissioner Rush to serve as Vice-Chairperson. Commissioner Hitterdale nominated Commissioner Schaefer to continue serving as Vice- Chairperson. There were no other nominations. MOTION: Elect Tim Rush as Vice Chairperson for the 2019-2020 term VOTE: AYES: HARDY, MURASHIE, RUSH (3) MOTION: Elect Phil Schaefer as Vice Chairperson for the 2019-2020 term VOTE: AYES: CHRISTY, CONTRERAS-LEO, HITTERDALE, NGUYEN, SCHAEFER (5) Phil Schaefer received a greater number of votes and was re-elected as Vice Chairperson. A-3 HISTORIC RESOURCES COMMISSION MINUTES 4 July 11, 2019 PUBLIC HEARINGS 2. HISTORIC EXTERIOR MODIFICATION APPLICATION NO. 2018-24 TO ALLOW EXTERIOR MODIFICATIONS TO THE PROPERTY DESIGNATED AS KEY, HISTORICALLY KNOWN AS THE JUDGE ALLEN HOUSE, LOCATED AT 2415 N. BONNIE BRAE – CRAIG AND ELIZABETH HOFFMAN, APPLICANT – Pedro Gomez, Case Planner. Case Planner Gomez provided a staff presentation. Commission discussion ensued regarding project materials to be used. The applicant spoke in support of the matter. Chairperson Christy opened the Public Hearing. There were no speakers and the hearing was closed. MOTION: Adopt a resolution. A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING THE CERTIFICATE OF APPROPRIATENESS FOR THE PROPERTY LOCATED AT 2415 NORTH BONNIE BRAE (HISTORIC EXTERIOR MODIFICATION APPLICATION NO. 2018-24) MOTION: SCHAEFER SECOND: MURASHIE VOTE: AYES: CHRISTY, CONTRERAS-LEO, HARDY, HITTERDALE, MURASHIE, NGUYEN, RUSH, SCHAEFER (8) NOES: NONE (0) ABSTAIN: NONE (0) ABSENT: RAMOS (1) 3. HISTORIC EXTERIOR MODIFICATION APPLICATION NO. 2019-06 TO ALLOW EXTERIOR MODIFICATIONS TO THE PROPERTY DESIGNATED AS KEY, HISTORICALLY KNOWN AS THE ARENS HOUSE, LOCATED AT 2043 NORTH VICTORIA DRIVE – CHRISTOPHER AND KELLY REINBERGER, APPLICANT – Pedro Gomez, Case Planner. Case Planner Gomez provided a staff presentation. The applicant spoke in support of the matter. Chairperson Christy opened the Public Hearing. There were no speakers and the hearing was closed. MOTION: Adopt a resolution. A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING THE CERTIFICATE OF APPROPRIATENESS FOR THE PROPERTY LOCATED AT 2043 NORTH VICTORIA DRIVE (HISTORIC EXTERIOR MODIFICATION APPLICATION NO. 2019-06) A-4 HISTORIC RESOURCES COMMISSION MINUTES 5 July 11, 2019 MOTION: HARDY SECOND: CONTRERAS-LEO VOTE: AYES: CHRISTY, CONTRERAS-LEO, HARDY, HITTERDALE, MURASHIE, NGUYEN, RUSH, SCHAEFER (8) NOES: NONE (0) ABSTAIN: NONE (0) ABSENT: RAMOS (1) REPORTS 4. UPDATE REGARDING THE IMPACT OF THE OC STREET CAR IMPROVEMENTS ALONG 4TH STREET TO THE PLANTERS DESIGNED BY JOSEPH MUSIL ALONG SAID STREET – Public Works Agency. William Galvez, Public Works Agency, provided an update. Discussion included the location and number of planters to be removed and preserved, methods to be used for preserving the planters, methods for replicating the artwork for future planters, efforts to salvage additional planters (if any), alternative locations to re-locate salvaged planters, and alternative uses for the planters in the future. 5. UPDATE REGARDING CODE ENFORCEMENT DUTIES AND RESPONSIBILITIES CONCERNING REGISTERED HISTORIC RESOURCES WITHIN THE CITY, INCLUDING ENFORCEMENT ACTIONS FOR UNPERMITTED EXTERIOR MODIFICATIONS - Alvaro Nunez, Code Enforcement Manager. Alvaro Nunez, Code Enforcement Manager, provided an update. Discussion included process for responding to complaints regarding historic properties. 6. UPDATE REGARDING PROCESS FOR ADVISING AND MAKING RECOMMENDATIONS TO THE CITY COUNCIL PERTAINING TO HISTORIC PROGRAMS AND POLICIES, HISTORIC RESOURCES PROGRAM OBJECTIVES, AND PROGRAM APPLICATION FEES – Candida Neal, Planning Manager. Written comments pertaining to the program application fees were received from the following individuals and distributed to the Commission: • Sarah & Tracie Turrietta • Angelina Lopez • Tim Johnson The following individuals submitted written comments pertaining to the program application fees after the established deadline; comments were not distributed to the Commission. • Kristen Marcucci and Frank Filipponio • Ester Hernandez A-5 HISTORIC RESOURCES COMMISSION MINUTES 6 July 11, 2019 Vice Chair Schaefer and Commissioner Hitterdale reported their findings for the survey they conducted on historic application fees for surrounding cities. The following individuals spoke in support of reducing historic application fees. • Robert Hale • Steven Gergorian • Paul Stanford • Dale Helvig • Jane Lewis • Connie Major • Mark McLoughlin Chair Christy reported that she will be meeting with the City Manager to discuss concerns. Key concerns identified were 1) the lack of an established process for forwarding recommendations/concerns to City Council, 2) code enforcement issues, and 3) historically sensitive neighborhoods. A workshop will be held before the next regular meeting to formulate recommendations to address concerns which will then be forwarded to City Council for consideration. ***END OF BUSINESS CALENDAR*** COMMENTS 7. STAFF MEMBER COMMENTS: Executive Director Thai • Thanked Commission for suggesting a policy on forwarding recommendations to the City Council. 8. COMMISSION MEMBER COMMENTS Commissioner Nguyen • Inquired about the methods for communicating the recent fee reduction to residents. • Inquired about available statistics on the demographics of historic property owners. Commissioner Contreras-Leo • Thanked Commission for efforts to establish a process for forwarding recommendations to City Council. • Suggested methods to communicate the fee reduction to residents. A-6 HISTORIC RESOURCES COMMISSION MINUTES 7 July 11, 2019 Commissioner Hardy • Congratulated the Chair and Vice Chair on their re-election. • Inquired about the number of nominations for the Historic Preservation Awards. Commissioner Hitterdale • Thanked Commission and staff for efforts to establish a process for forwarding recommendations to City Council. Commissioner Rush • Thanked staff for working on concerns regarding historically sensitive neighborhoods. • Congratulated the Chair and Vice Chair on their re-election. • Congratulated homeowners on designations. • Hopes to address issues during the workshop. • Opined that application fees should be reduced. Commissioner Murashie • Thanked staff and members of the public who spoke, and commissioners for their research. • City website has a map identifying historical properties throughout the city. • Encouraged commissioners to discuss concerns with their appointing Council member. • Opined that navigating the City website to locate historic applications is difficult. Vice Chair Schaefer • Thanked staff and members of the public who spoke. • Opined that application fees should be reduced. • Inquired about the date/location for the Street Pancake breakfast. • Congratulated Chair for re-election. Chair Christy • Thanked staff and members of the public who spoke. • Thanked Commission for re-election; congratulated Vice Chair for re-election. • Thanked Allison Young, former Santa Ana Historical Preservation Society President, for her service to the city. B. EXCUSED ABSENCES MOTION: Excuse absent commission member(s): Ramos MOTION: CONTRERAS- LEO SECOND: HITTERDALE VOTE: AYES: CHRISTY, CONTRERAS-LEO, HARDY, HITTERDALE, MURASHIE, NGUYEN, RUSH, SCHAEFER (8) NOES: NONE (0) ABSTAIN: NONE (0) ABSENT: RAMOS (1) A-7 HISTORIC RESOURCES COMMISSION MINUTES 8 July 11, 2019 ADJOURN IN MEMORY OF ALBERT WILLIAMS ADJOURNED 6:48 P.M. – The next regular meeting of the Historic Resources Commission scheduled will be held on Thursday, October 3 at 4:30 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Sarah Bernal Recording Secretary A-8 C-1 C-2 C-3 This page left blank intentionally. C-4 EXHIBIT 1 This page left blank intentionally. 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 Steve Paul Wareham and Nadine Louise Wareham, husband and wife as joint tenants, (hereinafter collectively referred to as “Owner”), owners of real property located at 2420 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 2420 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. C-5 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 November 6, 2019, 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 character- defining features described in the “Historical Property Description” attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, C-6 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 State Department of Parks and Recreation, namely the U.S. Secretary of the Interior’s Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. c. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior’s Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner’s compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code C-7 Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 ½) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City’s regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 2420 North Valencia Street, Assessor Parcel Number, 003-071-03, 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 C-8 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. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council Owners: Steve Paul Wareham and Nadine Louise Wareham 2420 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-9 c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney’s fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows} C-10 ATTEST: CITY OF SANTA ANA ________________________ _________________________ DAISY GOMEZ KRISTINE RIDGE Clerk of the Council City Manager OWNER Date: ______________________ By:_________________________ STEVE PAUL WAREHAM Date: ______________________ By:_________________________ NADINE LOUISE WAREHAM APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: _____________________ _____________________ LISA STORCK MINH THAI Assistant City Attorney Executive Director Planning and Building Agency C-11 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 3, BLOCK C OF TRACT NO. 390, IN THE CITY OF SANA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 15 PAGE(S) 37 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor’s Parcel Number: 003-071-03 C-12 EXHIBIT B C-13 C-14 C-15 C-16 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with C-17 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. C-18 EXHIBIT 2 C-19 This page left blank intentionally. C-20 HPPA 2019-02 2420 NORTH VALENCIA STREET SORENSON-SPIELMAN HOUSE P L A N N I N G AND B U I L D I N G A G E N C Y 500’ RADIUS SITE C-21 This page left blank intentionally. C-22 EXHIBIT 3 C-23 This page left blank intentionally. C-24 HPPA-2019-02 SORENSON-SPIELMAN HOUSE 2420 NORTH VALENCIA STREET SITE PHOTOS EXHIBIT 3 C-25 This page left blank intentionally. C-26 1-1 1-2