HomeMy WebLinkAbout FULL PACKET_2008-12-15SANTA ANA CITY COUNCIL COMMITTEE
PUBLIC SAFETY
Minutes of Meeting
September 23, 2008
CALL TO ORDER
The meeting was convened at 5:40 p.m. at the Santa Ana Police Department, 60 Civic
Center Plaza, 4th Floor Conference Room, Santa Ana, California.
ATTENDANCE
Council members present: Claudia Alvarez and David Benavides
Council member absent: Sal Tinajero
Staff present: Assistant City Attorney Paula Coleman, Fire Chief Marc Martin, Police
Chief Paul Walters, Police Commander Paul Gonsalves, and Recording Secretary Janet
Chop.
Public Sign-ins: Rene Guzman, Barbara Lamare, Jeannie Darrow, Trung Le, and
George Collins.
SUMMARY OF DISCUSSIONS
APPROVAL OF MINUTES
Approved Minutes of the August 26, 2008 meeting.
2. RELEASE OF PRISONERS FROM JAMES MUSICK FACILITY
Paula Coleman discussed the responses to the Public Records Requests from
surrounding cities. Committee Members asked if she could find out how the
agreements in the cities were established regarding the release of inmates.
3. STUDENTS LOITERING IN NEIGHBORHOODS AROUND FUNDAMENTAL
SCHOOLS
This item was continued to the next Public Safety Committee meeting.
4. SAFETY ISSUES IN DOWNTOWN PARKING STRUCTURES
Commander Gonsalves reviewed research that was conducted to determine
crime statistics for the downtown parking structures. He found that since January
2008, there had been only 5 reported vehicle burglaries,2 stolen vehicles, and 1
recovered vehicle at 310 N. Birch. There is a security guard present from 8:00
am to 7:00 pm on a daily basis. When the security guard leaves is when the
burglaries take place.
At the 201 W. 3`d street parking structure, the 24-hour security guards have
stopped the burglary problem (no reported burglaries this year). At the parking
structure at 420 N. Main Street, every night at 11:00 pm, the cashiers block all
access into the structure using large security gates. With no access into the
structure, there are no parked vehicles to burglarize (no auto burglaries this
year).
13B-1
2
5. TARGET CASES UPDATE
Chief Walters reviewed the report from the District Attorney's office regarding a
comparison of TARGET cases filed in all TARGET agencies. Effective
September 1, 2008, a plan was implemented to increase the number of TARGET
cases filed by the District Attorney's office. The STOP Team will evaluate all
arrests made by detectives and determine if the arrestee meets the criteria set
forth to be identified as a "New" TARGET, and thus documented as a TARGET
arrest and assigned to one of three Deputy District Attorneys. The comparisons
to date show that the Santa Ana Police outperforms all other TARGET agencies
in almost all categories in TARGET cases filed.
6. PUBLIC COMMENTS
No public comments.
7. COMMITTEE MEMBER COMMENTS
Committee Member Benavides requested the EPIC's planned workshop be an
item on the agenda for the next meeting. He would also like to have the Faith-
Based organizations be invited to the next meeting for a presentation of their
efforts.
8. ITEMS FOR NEXT MEETING
A. Release of Prisoners from Other Facilities
B. Students Loitering in Neighborhoods around Fundamental Schools
C. EPIC Commission's Workshop
D. Drugs of Choice in Hot Spot Areas
E. Faith-Based Community Gang Prevention/Intervention Efforts
9. Next Meeting Date: Tuesday, October 28, 2008, 5:30 pm, Santa Ana Police
Facility, 60 Civic Center Plaza, 4th Floor Conference Room, Santa Ana,
California.
ADJOURNMENT: 6:15 p.m.
PAUL M. WALTERS
Chief of Police
jc
13B-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECENMER 15, 2008
TITLE:
COMMUNITY REDEVELOPMENT AGENCY
ANNUAL REPORT FOR FY 2007-2008
,- a,? , G??
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1 s` Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Receive and file the Community Redevelopment Agency Annual Report for FY
2007-2008 consisting of:
1. The Annual Audit Report as prepared by Macias Gini & O'Connell, LLP.
2. The Annual Report of Financial Transactions.
3. Housing and Community Development Report of Housing Activity of
Community Redevelopment Agencies.
4. Annual Statement of Indebtedness.
5. All other information as required pursuant to California
Redevelopment Law.
DISCUSSION
The California Health and Safety Code, which defines the powers and
duties of redevelopment agencies, requires the submittal of an annual
report to the legislative body within six months of the end of the
fiscal year. The 2007-2008 Annual Report must contain five major
components: an independent audit report, a fiscal statement for the
year, a description of the Agency's activities affecting housing and
displacement, a Statement of Indebtedness, and Agency Time and Financial
Limits (Exhibit 1). Following receipt of these documents by the City
Council, the report will be submitted to the State Controller's office
pursuant to California Redevelopment Law.
1. Audit Report
The firm of Macias Gini & O'Connell, LLP has completed the Audit
Report, with a separate opinion on compliance. The Executive
Director of Finance and Management Services has reviewed the audit
19C-1
Community Redevelopment Agency
Annual Report for FY 2007-2008
December 15, 2008
Page 2
and separate opinion on compliance and has determined that
financial accounting and State Controller's guidelines have been
met.
2. Annual Report of Financial Transactions of Community Redevelopment
Agencies
The Annual Financial Report delineates the financial activities for
all funds within the redevelopment fund. Additionally, the report
documents the achievements completed during the fiscal year as a
direct result of the activities of the Community Redevelopment
Agency.
3. Housing and Community Development Report of Housing Activity of
Community Redevelopment Agencies
In addition to general Agency financial transactions, the Housing
and Community Development Annual Report contains information
regarding the low and moderate-income housing fund and a
description of the effect of redevelopment activities on housing in
general.
4. Annual Statement of Indebtedness
The Annual Statement of Indebtedness is the annual report filed
with the County Auditor describing Agency indebtedness and a
reconciliation statement.
5. Agency Time and Financial Limits
In 2007, the State Legislature adopted SB437, which included a
provision requiring all redevelopment agencies to incorporate
specific information regarding time limits into the Annual Reports.
The legislation requires the list of the following time limits:
1) The time limit for the commencement for eminent domain
proceedings to acquire property within the project area.
2) The time limit for the establishment of loans, advances, and
indebtedness to finance the redevelopment project.
3) The time limit for the effectiveness of the redevelopment
plan.
4) The time limit to repay indebtedness with the proceeds of
property taxes.
19C-2
Community Redevelopment Agency
Annual Report for FY 2007-2008
December 15, 2008
Page 3
In compliance with this new legislation, the redevelopment time and
financial limits are included in the Annual Report.
The Health and Safety Code mandates
by the City Council and filed with
to December 31, 2008.
that the Annual Report be received
the State Controller's office prior
FISCAL IMPACT
There is no fiscal impact associated with this action.
Cynthia J. Nelson
Deputy City Manager for Development Services
Community Development Agency
CJN/NTE/kcg
H:\ACTION ITEMS\COUNCIL\2008 CC\121508 CPA Annual Report 07-08.doc
19C-3
19C-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 15, 2008
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2008-29 FOR THE
PROPERTY LOCATED AT 2022 NORTH
HELIOTROPE DRIVE
J
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1s` Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute the
attached agreement with Cherie Belle Kerr for the structure located at
2022 North Heliotrope Drive, subject to non-substantive changes approved
by the City Manager and City Attorney.
HISTORIC RESOURCES COMMISSION ACTION
Recommended that the City Council authorize the City Manager and Clerk of
the Council to execute the attached agreement with Cherie Belle Kerr for
the structure located at 2022 North Heliotrope Drive, subject to non-
substantive changes approved by the City Manager and City Attorney at its
December 4, 2008 meeting by a vote of 7:0 (O'Callaghan absent).
DISCUSSION
After the public hearing on December 4, 2008, the Historic Resources
Commission reviewed the proposed Historic Property Preservation Agreement
(Mills Act Contract) and concluded that the resulting potential property
tax savings would encourage the owner to reinvest the tax savings in the
maintenance of their historic property, and would benefit both the owner
and the community (Exhibit A) Additionally, the agreement prevents
inappropriate alterations.
25A-1
HPP Agreement No. 2008-29
December 15, 2008
Page 2
FISCAL IMPACT
The Historic Property Preservation Agreement will reduce the property tax
revenue to the City by an estimated $118.13 to $590.64 annually, for a
period of not less than ten years.
APPROVED AS TO FUNDS AND ACCOUNTS:
Jay M, Trevino
Executive Director
Planning & Building Agency
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
HS:rb
hs\historic info\mills act agreements\2022_N_Heliotrope\hppa08-29.cc
25A-2
REQUEST FOR
Historic Resources Commission Action
HISTORIC RESOURCES CON FASSION NEETWG DATE:
DECEMBER 4, 2008
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2008-29 FOR THE PROPERTY
LOCATED AT 2022 NORTH HELIOTROPE DRIVE
HISTORIC RESOURCES CONRIISSION SECRETARY
APPROVED
? As Recommended
? As Amended
? Set Public Hearing For
CONTINUED TO
Prepared by Hally Soboleske
Executive rector
Planning M nager
RECOMMENDED ACTION
Recommend that the City Council authorize the City Manager and Clerk of
the Council to execute the attached agreement with Cherie Belle Kerr for
the structure located at 2022 North Heliotrope Drive, subject to non-
substantive changes approved by the City Manager and City Attorney.
DISCUSSION
Request of Applicants
The applicant, Cherie Belle Kerr,
Property Preservation Agreement No.
property owner and the City of Santa
requests the approval of Historic
2008-29 (Mills Act) between the
Ana.
Property Description
The subject property includes a two-story Minimal Traditional House with
a detached garage located at 2022 North Heliotrope Drive (Exhibit 1).
The property is within the Floral Park neighborhood and the surrounding
land uses are residential.
Analysis of the Issues
In March 1999, the City Council approved an ordinance authorizing
Historic Property Preservation Agreements (HPPA), commonly known as the
Mills Act contracts, for eligible historic properties. The agreement
provides monetary incentive to the property owner in the form of a
property tax reduction in exchange to the owner's voluntary commitment
to maintain the property in a good state of repair and to rehabilitate
the property as necessary. Once recorded, the agreement triggers the
use of a different valuation method in determining the property's
assessed value, thereby resulting in potentially significant property
tax savings for the owner.
EXHIBIT A
25A-3
HPPA No. 2008-29
December 4, 2008
Page 2
One of the eligibility requirements for the Mills Act is that the
property must be listed on the Santa Ana Register of Historical
Properties. The subject property was placed on the local register and
categorized as Contributive in June 2008 by the Historic Resources
Commission (Exhibit 2).
Upon consideration of the application, it is recommended that the City
enter into a Historic Property Preservation Agreement (Exhibit 3). A
review of the property indicates that this Minimal Traditional styled
structure is in excellent condition. As a result, a supplemental
property rehabilitation plan will not be required as part of this
agreement. Photos of the property are included with the agreement as
well as a photo location map. The benefits of executing this agreement
include, but are not limited to, the following:
1. Reduced property tax to allow reinvestment for the long-term
preservation of the property.
2. Allows for a mechanism to provide for property rehabilitation.
3. Provides an additional incentive for potential buyers to purchase
historic structures.
4. Discourages inappropriate alterations to the historic property.
5. Provides an opportunity for visual improvement to the physical
environment of the community.
6. Offers additional support and attention for historic districts and
historic structures in the City.
CEQA Compliance
In accordance with
recommended action is
Section 15061(b)(3),
from further review.
project.
the California Environmental Quality Act, the
exempt from further review under General Rule
and therefore, the recommended action is exempt
A Notice of Exemption will be filed for this
V'Mil"lau?
al y So oleske
Associat Planner
HS j m
hs\historic info\mills act agreements\2022_N_Heliotrope\hppa08-29.hrc
25A-4
NEW 1
E
frlnx r'Yr
¦
M AI
1
1 • ?
• x $? fix .'
? S
P?
3+a
Y. H
V
e ?
HPPA-2008-29
2022 North Heliotrope Drive
PLANNING AND BUILDING AGENCY
29=6 1
EXECUTIVE SUMMARY
HESTER-VANDERMAST HOUSE
2022 North Heliotrope Drive
Santa Ana, CA 92706
NAME Hester-Vandermast House REF. NO.
ADDRESS 2022 North Heliotrope Drive
CITY Santa Ana ZIP 92706 ORANGE COUNTY
YEAR BUILT 1953 LOCAL REGISTER CATEGORY: Contributive
HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park
CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE SS1
Location: ? Not for Publication M Unrestricted
? Prehistoric M Historic ? Both
ARCHITECTURAL STYLE: Minimal Traditional (Two-Story Variant)
During the Great Depression through the immediate postwar years, the Minimal Traditional home rose in popularity as the preferred
style for middle-class housing in the United States. This basic house type fulfilled both aesthetic and social needs: in terms of
aesthetics, the form represented a stripped-down version of the historic-eclectic styles popular in the 1920s, in particular the Tudor
and English Revival styles. In social terms, the Minimal Traditional home satisfied requirements in square footage and plan by the
Federal Housing Administration (FHA), which launched a campaign in this period to expand home ownership. The Minimal
Traditional home served as the prototype used by the FHA in its efforts to codify and manufacture "a standard, low-cost, minimum
house that the majority of American wage earners could afford" (Greg Hise, Magnetic Los Angeles, p. 57).
Minimal Traditional homes are typically rectangular in plan and one-story in height, often with a front-gabled wing and prominent
attached chimney. In contrast with the English and Tudor Revival styles the one-story version mimics, the Minimal Traditional home
is capped with a low or intermediate pitch roof with a hipped or side gable. Sheathing materials include stucco, brick, or wood, often
accompanied by stone veneer accents. Fenestration generally consists of multi-light casement, double-hung, and picture windows
with wood frames. The eaves and rakes of the Minimal Traditional home are typically shallow (in a departure from the later Ranch
House style, which they often resemble). Although they have little applied ornament, many Minimal Traditional homes display
decorative wood shutters and porch-roof supports. The Two-Story Variant of the Minimal Traditional style displays additional
ornamental detailing and represents a late example of traditional eclectic styles such as the Colonial Revival or Monterey styles.
(McAlester, pp. 476-78).
SUMMARY/CONCLUSION:
The Hester-Vandermast House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its
exemplification of the distinguishing characteristics of the Minimal Traditional style (two-story variant). Additionally, the house has
been categorized as "Contributive" because it "contributes to the overall character and history" of the Floral Park neighborhood and,
as a characteristic example of the Minimal Tradition style (two-story variant), "is a good example of period architecture" (Municipal
Code, Section 30-2.2).
EXPLANATION OF CODES:
• California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7,
"How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.)
3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents th,
work of a master, or possesses high artistic values.
• California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.)
5S1: Individual property that is listed or designated locally.
EXHIBIT 2 c
State of California-The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
Other
Review Code Reviewer
Primary
#.
HRI #
Trinomial
NRHP Status Code
Date
Page 1 of 3 Resource name(s) or number (assigned by recorder) Hester-Vandermast House
P1. Other Identifier:
*P2. Location: []Not for Publication ¦Unrestricted *a. County Orange County
*b. USGS 7.5' Quad TCA 1725 Date:
*c. Address 2022 North Heliotrope Drive City Santa Ana Zip 92706
*e. Other Locational Data: 002-082-37
*123a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.)
Rectangular in plan, this two-story residence displays the typical characteristics of the Minimal Traditional style (two-story
variant). In a reflection of the Monterey Style influence, the residence incorporates different sheathing materials on the first
and second stories. The ground story is faced in brick, accented with a set of nine small perforations forming a square, while
wide horizontal wood-siding sheathes the upper story. Capping the residence is a low-pitched, side-gabled roof, detailed with
thin vergeboards and shallow closed eaves. Plain horizontal strips pierce the apex of the side gables. Two lower side-
gabled wings, sheathed with wide horizontal wood-siding, flank the primary three-bay residence. On the fagade's north side,
a low-pitched pediment with a simple molded frieze and cornice defines the entry. Elevated on one low step, the entry
consists of a set of frosted glass doors, flanked by entry lights and pilasters accented with molded capitals and recessed
panels. Fagade fenestration is provided by a series of two-over-two double-hung sash windows, enclosed in wood surrounds
and framed by ornamental wood shutters. Canvas awnings shelter the second story windows, while first-story fenestration is
accented with slightly projecting brick sills. This fenestration pattern is repeated on the north wing, which displays a multi-
light window with wood frames. An attached brick chimney is located on the northwest corner of the rear elevation.
Alterations include the addition of a security gate fronting the property. In excellent repair and otherwise intact, this residence
is enhanced by mature trees and landscaping.
*P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property
*P4. Resources Present: ¦Building []Structure []Object []Site ?District []Element of District []Other
P5b. Photo: (view and date)
East elevation
August 2008
*P6. Date Constructed/Age and
Sources: ¦historic
19531City of Santa Ana Building
Permits
*P7. Owner and Address:
Cherie Kerr
2022 N. Heliotrope Dr.
Santa Ana, CA 92706
*P8. Recorded by:
L. Heumann and D.Howell-Ardila
Sapphos Environmental, Inc.
430 North Halstead Street
Pasadena, California 91107
*P9. Date Recorded:
August 13, 2008
*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) 25A.27 *Required information
State of California -The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#
BUILDING, STRUCTURE, AND OBJECT RECORD
Page 2 of 3 *CHR Status Code 5S1
"Kesource Name or i#: Hester- Vandermast House
B1. Historic Name: Hester-Vandermast House
B2. Common Name: Same
B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence
*65. Architectural Style: Minimal Traditional (Two-Story Variant)
*136. Construction History: (Construction date, alterations, and date of alterations): Constructed 1953
March 2, 1953. Residence and garage constructed, $35,000.
April 15, 1953. Plastering work.
November 4, 1959. Eight electric outlets installed.
November 12, 1959. Swimming pool installed.
November 19, 1959. One gas outlet installed.
August 9, 1972. Water heater installed.
June 14, 2005. Tear off wood shake roof and re-roof with composition shingles, $8,740.
*137. Moved? ¦No OYes DUnknown Date: Original Location:
*68. Related Features:
None.
B9a. Architect: Everett E. Parks
b. Builder: William D. Greschner
*1310. Significance: Theme Residential Architecture Area Santa Ana
Period of Significance: circa 1888-1953 Property Type: Single-family Residence Applicable Criteria: NR: C, CR: 3
(Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity)
The Hester-Vandermast House is architecturally significant as an intact and representative example of the Minimal Traditional style
(two-story variant). According to the original building permit, dated March 2, 1953, the residence and garage were constructed at a
cost of $35,000 for Charles W. Hester, a real estate developer, and his wife Nora. Succeeding the Hesters were Newell T.
Vandermast and his wife Mary, who had purchased the home by 1959. Vandermast was the grandson of Asa Vandermast, an early
Santa Ana pioneer who "road the rails" to Califomia in 1904 and established a men's clothing store on West Fourth Street the same
year (Orange County Register. 3 January 1931). Newell T. Vandermast served as vice president of the family-owned Vandermast
Men's and Boy's Clothing Store until his father's retirement, at which point he presided over the company as president until his own
retirement in 1965. The Vandermasts owned and occupied the residence until at least 1970.
(See Continuation Sheet 3 of 4.)
B11. Additional Resource Attributes: (List attributes and codes
*1312. References:
City of Santa Ana Building Permits
Santa Ana History Room Collection, Santa Ana Public Library
Sanborn Maps
(See Continuation Sheet 3 of 4.)
B13. Remarks:
*1314. Evaluator: Leslie J. Heumann
*Date of Evaluation: August 13, 2008
(This space reserved for official comments.)
Sketch Map
® 2022 N. Heliotrope Dr.
- - - - - - 002-082-3
O
_ O
O
DPR 523B (1/95) 25A' L8 *Required information
State of California-The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
CONTINUATION SHEET Trinomial
Page 3 of 3 Resource Name or # (Assigned by recorder) Hester-Vandermast House
"Recorded by Leslie J. Neumann and Deborah Howell-Ardila *Date August 13, 2008 0 Continuation ? Update
*1310. 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 Hester-Vandermast House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by
West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados and walnuts,
and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981),
credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls,
New York in 1922 (Talbert, pages 353-356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land.
And that month, he began building custom homes in Santa Ana" (Orange County Register. September 15, 1981). The parcel
chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the
Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County
Register. September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and
1930s; Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival
styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco-styled Old
Santa Ana City Hall, the El Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the
neighborhood he had helped create, at 615 West Santa Clara Avenue.
In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral
Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa
Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial
Revival mansion at 2009 Victoria Drive. In the early post-World War ll years, Floral Park continued its development as
numerous smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style.
In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2008), Floral Park maintains
its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens.
The Hester- Vandermast House also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for
its exemplification of the distinguishing characteristics of the Minimal Traditional style (two-story variant). Typical features of
this style illustrated by the house include its two-story massing and rectangular form; limited ornamental program; the use of
different sheathing materials on the first and second stories; wood-framed double-hung sashes with wood frames and
shutters, flanking wings extending the central block, an entry elaborated with a pediment, side lights, and pilasters.
Additionally, the house has been categorized as "Contributive" because, as an intact example of a Minimal Traditional
residence in the Floral Park neighborhood, "is a good example of period architecture." Character-defining exterior features of
the Hester-Vandermast House that should be preserved include, but may not be limited to, materials and finishes (wood and
brick); roof configuration and detailing, original windows where extant chimney, minimal use of applied ornament,
architectural details such as the square perforations, shutters, and elaborated entry with pediment, side lights, and pilasters.
*1312. References (continued):
Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998.
Marsh, Diann. Santa Ana. An Illustrated History. Encinitas, Heritage Publishing, 1994.
McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984.
National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National
Register Branch, National Park Service, US Dept. of the Interior, 1991.
Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995.
"W. Vandermast, Pioneer County Clothier, Dies," Orange County Register. January 3, 1931.
Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969.
Williams, Angela M. "Store Owner Was Lifetime OC Resident," Santa Ana Register. September 15, 1992.
`Alison Honer Dies at 84," The Santa Ana Journal. September 21, 1981.
"Builder of Honer Plaza Dies," Orange County Register. September 15, 1981.
"History of Floral Park." http://www.floral-park.com/page2.html.
Santa Ana and Orange County Directories, 1950-1977.
DPR 523L 2 ?X4 ^
MILLS ACT AGREEMENT
2022 North Heliotrope Drive
Santa Ana, CA 92706
RECORDING REQUESTED BY:
City of Santa Ana
AND WHEN RECORDED MAIL TO:
City of Santa Ana
Attn: City Clerk
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
FREE RECORDING GOVERNMENT CODE §6103
HISTORIC PROPERTY PRESERVATION AGREEMENT
This agreement ("Agreement') is made and entered into this December 15, 2008 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 Cherie Belle Kerr, (hereinafter referred to as "Owners"), owner of real property
located at 2022 North Heliotrope Drive, Santa Ana, California, 92706 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 2022
North Heliotrope 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. The City and the Property 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 the 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.
-t-
EXP. 10
MILLS ACT AGREEMENT
2022 North Heliotrope Drive
Santa Ana, CA 92706
E. The Owner and the 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 December 15, 2008, 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:
-2-
25A-11
MILLS ACT AGREEMENT
2022 North Heliotrope Drive
Santa Ana, CA 92706
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, 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
State of 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 B, and incorporated herein by this reference. The condition of the
exterior of the property, as of the effective date of this Agreement, is documented in photographs
attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually
maintain the Historic Property in the same or better condition as documented in Exhibit C.
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 alternations 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 examination, by prior appointment, of the
interior and exterior of the Historic Property by representatives of the County Assessor, the State
Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana
as may be necessary to determine the Owner 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.
-3-
25A-12
MILLS ACT AGREEMENT
2022 North Heliotrope Drive
Santa Ana, CA 92706
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 has breached any of the conditions of this Agreement, or have 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 has 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 %2) 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 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, the 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 the
Owner, the City shall give written notice to the Owner by registered or certified mail, and if such
a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for
Development Services 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 the Owner),
then the 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 the Owner growing
out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief
against any violation by the Owner or apply for such relief as may be appropriate.
b. The City does not waive any claim of default by the Owner if the 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 the City's regulations governing historic properties are
available to the City to pursue in the event that there is a breach of this Agreement. No waiver by
-4-
25A-13
MILLS ACT AGREEMENT
2022 North Heliotrope Drive
Santa Ana, CA 92706
the 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. The Owner hereby subjects the Historic Property, located at 2022 North
Heliotrope Drive, Assessor Parcel Number, 002-082-37, and more particularly described in
Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in
this Agreement.
b. The City and Owner hereby declare their specific intent that the covenants,
reservations and restrictions as set forth herein shall be deemed covenants running with the land
and shall pass to and be binding upon the 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, restrictions and reservations
are set forth in such contract, deed, or other instrument.
8. No Compensation.
Owner shall not receive any payment from the 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 the 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
Attn: City Clerk
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Owner: Cherie Belle Kerr
2022 North Heliotrope Drive
Santa Ana, CA 92706
-s-
25A-14
MILLS ACT AGREEMENT
2022 North Heliotrope 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, agenda, 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 the City prepared, supplied,
or approved the plans, specifications or other documents for the Historic Property.
d. All of the Agreements, rights, covenants, reservations, 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.
-6-
25A-15
MILLS ACT AGREEMENT
2022 North Heliotrope Drive
Santa Ana, CA 92706
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. Notice of the Contract to Office of Historic Preservation.
No later than six (6) months of entering into the contract, the owner or agent of an owner
shall provide written notice of this Agreement to the Office of Historic Preservation.
13. Amendments.
This Agreement may be amended, in whole or in part, only by a written recorded
instrument executed by the parties hereto.
14. Effective Date
This Agreement shall be effective on the day and year first written above.
15. Signatures.
ATTEST:
PATRICIA E. HEALY
Clerk of the Council
PROPERTY OWNERS
Date:
CITY OF SANTA ANA
DAVID N. REAM
City Manager
By:
Cherie Belle Kerr
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By:
Kylee O. Otto
Assistant City Attorney
-7-
25A-16
MILLS ACT AGREEMENT
2022 North Heliotrope Drive
Santa Ana, CA 92706
Exhibit A
All of Lot 24 and portions of Lots 23 and 25 in Block A of Tract No 1035, in the County of Orange, State of California,
as per map recorded in Book 33 Page 46 of Miscellaneous Maps, in the Office of the County Recorder of said
County.
Assessor Parcel No. 002-082-37
-8-
25A-17
MILLS ACT AGREEMENT
2022 North Heliotrope Drive
Santa Ana, CA 92706
Exhibit B
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 alternations 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
-9-
25A-18
MILLS ACT AGREEMENT
2022 North Heliotrope Drive
Santa Ana, CA 92706
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.
-10-
250-19
MILLS ACT AGREEMENT
2022 North Heliotrope Drive
Santa Ana, CA 92706
Exhibit C
(photographs attached)
- .11 -
25A-20
-12-
252-21
MILLS ACT AGREEMENT
2022 North Heliotrope Drive
Santa Ana, CA 92706
-13-
253-22
MILLS ACT AGREEMENT
2022 North Heliotrope Drive
Santa Ana, CA 92706
MILLS ACT AGREEMENT
2022 North Heliotrope Drive
Santa Ana, CA 92706
-14-
254-23
MILLS ACT AGREEMENT
2022 North Heliotrope Drive
Santa Ana, CA 92706
-15-
255-24
a
Q
z
0
O
J
O
O
a
w
0
w
a
O
O
J
W
H
OC
O
z
N
N
O
N
0
CL
0
00
' ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ i
I
¦
I
¦
i I
i
i
0
Z
2 5a1*2 5
25A-26
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 15, 2008
TITLE:
RESOLUTION ESTABLISHING THE
DOWNTOWN SANTA ANA COMMUNITY
MANAGEMENT DISTRICT
?• ?---
ITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 151 Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
Adopt a Resolution establishing a Downtown Santa Ana Community
Management District and the levy of an assessment in accordance with the
provisions of Article XX, Chapter 13 of the Santa Ana Municipal Code.
DISCUSSION
A public hearing relating to the establishment of the Downtown Santa Ana
Community Management District and the proposed levy of assessments
within such district was held on December 1, 2008, at 6:00 p.m. in the
City Council Chambers. At this public hearing, the City Council heard
and considered all objections or protests to the proposed assessments
and instructed staff to tabulate all ballots not withdrawn, in support
of or opposition to the proposed assessments. The Council further
instructed staff to report the results with and without the ballots
received from the Town Square Condominium Project.
Following tabulation of the ballots, the Clerk of the Council reported
the following findings:
Tabulation of Ballots (including Town Square Condominium Project)
Number of ballots in support: 31
Assessment amount in support: $301,510 (59.70)
Number of ballots opposed: 73
Assessment amount opposed: $203,556 (40.30)
Tabulation of Ballots (excluding Town Square Condominium Project)
Number of ballots in support: 27
Assessment amount in support: $301,252 (60.030)
Number of ballots opposed: 42
Assessment amount in support: $200,558 (39.970)
55A-1
Downtown Santa Ana Community Management Assessment District
December 15, 2008
Page 2
The City Council instructed the Clerk of the Council to certify the
results of the balloting procedure and schedule the matter for further
consideration at the December 15, 2008 City Council meeting. The
certification of the results is included as Exhibit B in the attached
Resolution. The majority of the weighted votes in favor of the District
exceed the weighted votes in opposition irrespective of whether the Town
Square Condominium Project is included in the District.
FISCAL IMPACT
If the Community Management District is adopted, the City will be
assessed $22,304 and the Community Redevelopment Agency will be assessed
$95, 912.
Cynthfa J. Nelson
Deputy City Manager
for Development Services
Community Development Agency
Patricia E. Healy 11
Clerk of the Council
55A-2
JWF (11/24/08)
RESOLUTION NO. 2008-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ESTABLISHING THE DOWNTOWN SANTA
ANA COMMUNITY MANAGEMENT DISTRICT AND
LEVYING ASSESSMENTS WITHIN SUCH DISTRICT
PURSUANT TO ARTICLE XX, CHAPTER 13 OF THE
SANTA ANA MUNICIPAL CODE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. Pursuant to Chapter 13, Article XX of the Santa Ana Municipal Code (the
"Law"), on October 6, 2008 the City Council adopted Resolution No. 2008-
068 (the "Resolution of Intent"), stating the intention of the City Council to
establish the Downtown Santa Ana Community Management District (the
"Downtown CMD") and to levy and collect assessments within such district
and setting a time and place for a hearing on protests to such creation;
and,
B. The Resolution of Intent approved the Management District Plan entitled
the "Downtown Santa Ana Community Management District Plan" (the
"Management District Plan") containing all of the information to establish
the District required by Section 13-204 of the Law, including a description
of the boundaries of the district, the improvements and activities proposed
for the district, and the cost of such improvements and activities. Included
as part of the Management District Plan is an engineer's report, prepared
by a registered professional engineer, which complies with the
requirements of Sections 4(a), (b) and (c) of Article XIIID of the California
Constitution. As used herein, Management District Plan shall include the
engineer's report.
C. The City caused notice of a public hearing concerning the proposed
establishment of the Downtown CMD and the proposed levy of
assessments within such district to be duly mailed, as required by law, to
the record owner of each parcel proposed to be assessed within the
District;
D. After adoption of the Resolution of Intent and issuance of notice for the
public hearing, the Downtown CMD Formation Committee recommended
that the boundaries of the Downtown District be amended to delete that
portion of the proposed district generally bounded by Flower Street on the
Resolution No. 2008-XXX
55A-3 Page 1 of 7
west, 3rd Street on the north, Birch Street on the east and 1 st Street on
the south (the "Excluded Territory"). The boundaries of the Excluded
Territory are set forth in Exhibit A to this Resolution. All of the properties
in the Excluded Territory are used exclusively for residential purposes
(with the exception of City-owned Birch Park). A number of residential
property owners within the Excluded Territory raised concerns about the
specific benefits they would receive should the District be established.
While the engineer's report contained in the Management District Plan
establishes that the Excluded Territory would benefit from the proposed
programs and activities within the district, the Committee found it more
prudent to focus its attention and funds on the core of the commercial
downtown. The District engineer has opined that so long as the
Management District Plan is modified to limit any programs under the
Plan only to properties that are assessed, there is no specific benefit to
the Excluded Territories.
E. A public hearing concerning the establishment of the Downtown CMD the
proposed levy of assessments within such district was held on December
1, 2008 at the hour of 6:00 pm in the City Council Chambers at 22 Civic
Center Plaza, Santa Ana, California.
F. At the public hearing, City Staff presented to the City Council the
Management District Plan as described in the Resolution of Intent along
with the proposal for the Excluded Territory.
G. At the public hearing, the testimony of all interested persons for or against
the establishment of the District, the levy of assessments within such
District, and the type or types of improvements and activities to be funded
with the revenues from the assessments was heard and considered, and a
full, fair and complete hearing was held.
H. Article XIIID of the California Constitution and Sections 54750 through
53756 of the California Government Code impose certain procedural and
substantive requirements relating to the levy of new or increased
assessments, including mailing of a notice to each affected property
owner regarding the proposed assessment, conducting a ballot procedure,
and holding a public hearing.
Section 2. The Council, pursuant to the Law, may exclude territory from the
District prior to adoption of the final resolution. The City Council hereby approves the
recommended exclusion of the Excluded Territories for the Downtown CMD. The
Management District Plan shall be amended as necessary to eliminate any programs,
services or activities of benefit to the Excluded Territory. Hereafter, all references to the
Management District Plan, shall be to the plan as amended.
Resolution No. 2008-XXX
55A-4 Page 2 of 7
Section 3. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
(a) That the canvas of votes cast by the property owners is completed and
has been certified by the Clerk of the Council, and the votes cast were as set forth in
Exhibit B to this Resolution, attached hereto and made a part hereof by this reference.
(b) As determined by the ballots cast as weighted according to the amount of
assessment owed by each parcel, a majority of the property owners voted in favor the
proposed assessment. No ballots were considered from property owners within the
Excluded Territory.
Section 4. The City Council heard and considered all objections or protests to
the proposed assessments and tabulated the assessment ballots submitted, and not
withdrawn, in support of or opposition to the proposed assessments. The City Council
hereby finds that a majority protest does not exist as defined in Section 4(e) of Article
XIIID of the California Constitution and Section 53753 of the California Government
Code. All objections or protests, both written and oral, are hereby duly overruled.
Section 5. Pursuant to the Act, the Downtown Santa Ana Community
Management District (the "Downtown CMD") is hereby established. The City Council
hereby finds that the properties within the Downtown CMD will be benefited by the
improvements and activities funded by the assessment to be levied.
Section 6. Levy of the Assessment.
(a) Except where funds are otherwise available, an assessment will be levied
annually to pay for all the improvements and activities to be provided within the
Downtown CMD, commencing with fiscal year 2008-09 and ending with fiscal year
2012-13. For purposes of levying and collecting assessments within the Downtown
CMD, a fiscal year shall commence on each July 1st and end on the following June
30th.
(b) The total amount of the proposed assessment to be levied and collected for
fiscal year 2008-09 shall be approximately $920,000, based on the maximum
assessment rates described in the Management District Plan. Said assessment and
rates shall continue for each of the succeeding four fiscal years and may increase by
the maximum rate set forth in the Management District Plan. Increases in building area
due to new construction may also cause an increase in the total assessment for a
parcel in any given year.
(c) The method and basis of levying the assessment shall be as set forth in the
Management District Plan.
Section 7. There is created a special fund designated as the "Downtown Santa
Ana Community Management District Fund" into which all revenue derived from
assessments levied pursuant to this Resolution shall be placed, and such funds shall be
Resolution No. 2008-XXX
55A-5 Page 3 of 7
used only for the purposes specified in this Resolution. This fund shall be subject to an
annual independent audit of financial statements.
Section 8. The proposed activities for the Downtown CMD include
beautification and physical enhancement, image enhancement, supplemental
maintenance, supplemental public security, and economic enhancement, all as more
fully set forth in the Management District Plan. The above improvements and activities
will be funded by the levy of the assessments. The revenue from the levy of the
assessments within the Downtown CMD shall not be used to provide improvements or
activities outside the Downtown CMD or for any purpose other than the purposes
specified in the Resolution of Intent.
Section 9. The City may contract with a nonprofit entity comprised of property
and business owners within the Downtown CMD to administer any of the activities
described in Section 8, above. Such a non-profit entity shall hold funds in trust for
purposes related to the contract and may be required to, at no expense to the City,
provide an annual independent report of audited financial statements by a certified
public accountant of these funds. The report may be funded from assessment proceeds
as part of the general administration of the Downtown CMD. At all times the City shall
reserve full rights of accounting of this fund. Furthermore, such a nonprofit entity shall
be charged, at minimum, with advising the City on the implementation of CMD funded
activities and improvements.
Section 10. Properties within the Downtown CMD established by this
Resolution shall be subject to any amendments to the Law.
Section 11. The City Clerk or a designee is hereby authorized and directed to
record a notice and an assessment diagram pursuant to the Law following adoption of
this Resolution. The assessment diagram shall reflect all the boundaries of the
Downtown CMD as described in the Management District Plan, with the exception of the
Excluded Territory.
Section 12. The adoption of this Resolution and recordation of the notice and
assessment diagram pursuant to the Law constitutes the levy of an assessment in each
of the fiscal years referred to in the Management District Plan. Each year, the County
Auditor of the County of Orange shall enter on the County Assessment Roll opposite
each lot or parcel of land the amount of the assessment and such assessment shall
then be collected at the same time and in the same manner as the County taxes are
collected. Notwithstanding the foregoing, the City shall directly bill for those
assessments levied for fiscal year 2008-2009.
Section 13. To ensure that assessment revenues from the Downtown CMD are
used to enhance the current level of services provided by the City within the Downtown
CMD, the City Council hereby adopts the baseline levels of service as currently
provided throughout the Downtown CMD; provided, however, that in the event of a
Resolution No. 2008-XXX
55A-6 Page 4 of 7
significant downturn in City revenues, the City Council may reduce the level of City
public services, including within the Downtown CMD.
Section 14. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this 1St day of December, 2008.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
By:
Joseph W. Fletcher, City Attorney
AYES:
NOES:
ABSTAIN:
NOT PRESENT
Councilmembers
Councilmembers
Councilmembers
Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2008-XXX to be the original resolution adopted by the City
Council of the City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
Resolution No. 2008-XXX
55A-7 Page 5 of 7
Exhibit A to Resolution No. 2008-
Excluded Territory
Beginning at a point where the westerly right-of-way line of Flower Street intersects with
the southerly right-of-way line of Third Street, thence southerly along the westerly right-of-
way line of Flower Street to a point where it intersects with the southerly right-of-way line of
First Street, thence easterly along the southerly right-of-way line of First Street to a point
where it intersects with an extension of the westerly property line of Parcel Number 398-
592-01, thence northerly along the westerly property line of said Parcel Number 398-592-
01 to the point where it intersects with the southerly property line of Parcel Number 398-
592-09, thence westerly along the southerly property line of said Parcel Number 398-592-
09 to point of termination, thence northerly along the westerly property line of said Parcel
Number 398-592-09 to a point where it intersects with the southerly right-of-way line of
Third Street, thence westerly along the southerly right-of-way line of Third Street to point of
beginning.
Resolution No. 2008-XXX
55A-8 Page 6 of 7
Exhibit B
CERTIFICATE OF THE CLERK OF THE COUNCIL OF BALLOTS FROM CANVAS OF
PROPERTY OWNERS FOR THE PROPOSED
DOWNTOWN SANTA ANA COMMUNITY MANAGEMENT ASSESSMENT DISTRICT
I Patricia E. Healy, Clerk of the Council, City of Santa Ana do hereby confirm the following
to be a full, true and correct statement of the ballots returned by property owners for the formation
of the proposed Downtown Santa Ana Community Management Assessment District:
A. Total number of ballots mailed:
421
B. Total number of ballots returned: 107
• Returned (excluding Town Square Condominium Project) 69
• Returned from Town Square Condominium Project 35
• Returned - invalid 3
C. Ballots in favor of the proposed Downtown Santa Ana Community Management
Assessment District:
Tabulation All Returned Ballots Excluding Town Square
Condominiums
Returned 31 27
Total Weighted
Assessment Amount
$301,510
$301,252
Percentage 59.7% 60.03%
D. Ballots in opposition to the proposed Downtown Santa Ana Community Management
Assessment District:
Tabulation All Returned Ballots Excluding Town Square
Condominiums
Returned 73 42
Total Weighted Assessment
Amount
$203,556
$200,558
40.3% 39.97%
E. Total weighted assessment amount of returned ballots:
All Returned Ballots $505,066
Excluding Town Square Condominiums $501,810
I hereby certify that the weighted assessment amounts in support of the Downtown
Community Management Assessment District, and the weighted assessment amounts in
opposition to the formation of the Downtown Community Management Assessment District are set
forth above. 2zk WITN
ESS my hand and official seal this 15t" day of December, 2008.
/11
???? 1Patricia E. Healy i
Clerk of the Council
•
55A-9 ;?...?
! ! F 0 P
N9
55A-10
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 15, 2008
TITLE:
PROPOSED AMENDMENT TO MANAGEMENT
CLASSIFICATION AND COMPENSATION
PLAN
l?
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1St Reading
? Ordinance on 2"d Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Adopt a resolution that amends the City's Basic Management Classification
and Compensation Plan to suspend the salary increase for executive
management job classifications scheduled for January 1, 2009.
DISCUSSION
In an on-going effort to assist the City Council in maintaining the
City's financial stability in a difficult economic climate, the Executive
Managers propose a change in their compensation to control expenditures
without reducing service levels. Specifically, the Executive Managers
propose to suspend the executive management salary increase scheduled to
be effective January 1, 2009.
FISCAL IMPACT
The total savings is $29,700 for the remainder of the fiscal year.
APPROVED AS TO FUNDS AND ACCOUNTS:
nriJq v Francisco Gutierrez
ExecUrvices ector Executive Director
Pe Agency Finance & Management Services Agency
55B-1
RESOLUTION NO. 2008-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA SUSPENDING THE SALARY INCREASE
SCHEDULED TO BE EFFECTIVE JANUARY 1, 2009 FOR
CLASSIFICATIONS OF EMPLOYMENT DESIGNATED AS
UNREPRESENTED EXECUTIVE MANAGEMENT (EM)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1: The City Council hereby finds, determines and declares as follows:
A. Section 1004, Article X of the City Charter of the City of Santa Ana
requires the City Manager to prepare, install and maintain a position
classification and pay plan subject to civil service rules and regulations
and the approval of the City Council.
B. On July 1, 1991, the City Council adopted Resolution No. 91-066, re-
establishing the Basic Classification and Compensation Plan for
classifications of employment designated as unrepresented Executive
Management (EM). The City Council has amended Resolution No. 91-066
on numerous occasions since its adoption.
D. On July 2, 2007, the City Council adopted Resolution No. 07-048,
providing for, among other things, certain salary increases including a two
and one-half percent (2.5%) salary increase for classifications of
employment designated as unrepresented Executive Management (EM)
effective January 1, 2009. The employment agreement and compensation
resolution for the City Manager and Clerk of the Council, respectively,
apply the salary increase provisions of Resolution 07-048 to those
officials' salaries. The amount and timing of increases in the salaries,
which include the aforementioned salary increase, for the Fire Chief and
City Attorney are governed by Resolutions Nos. 01-089 and 04-101,
respectively.
E. In an ongoing effort to maintain the City's financial stability in a difficult
economic climate, the City's Executive Management Team has
recommended that the City Council amend the aforesaid resolutions to
suspend the salary increases scheduled for January 1, 2009 for all
classifications of employment designated as unrepresented Executive
Management (EM).
Section 2: Resolutions No. 07-048, 01-089 and 04-101 are hereby amended
to suspend the previously scheduled two and one-half percent (2.5%) salary increase
for all unrepresented Executive Management (EM) classifications effective January 1,
2009.
55B-2
Section 3: That except as amended by this Resolution, all other provisions of
aforesaid resolutions shall remain in full force and effect.
Section 4: This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this 15th day of December 2008.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By:
Benjamin Kaufman
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2008- to be the original resolution adopted by the City Council of the
City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
55B-3