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02/09/2000
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02/09/2000
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Minutes
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2/9/2000
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<br />Commissioner IGngs commented to staff that the application adopted by the Commission includes a request <br />for a site plan. In this case, a schematic site plan which showed the location of the house, detached gazage, <br />and the relation to the entire site would have been helpful. She also requested that staff try and refer to the <br />neighborhoods by their name instead of the City District number (t.e. Heninger Park instead of SD 40). <br />Commissioner Giles inquired as to the process on evaluating the taxes and asked Ms. Hardy how she <br />perceived the process for the Mills Act application and if she Thad any recommendations regarding the <br />process. Ms. Hernandez responded that the County Assessors Office evaluated the property taxes. Mr. <br />Edwards further informed the Commission that it was a complept formula and explained that the County <br />' determined the tax benefits rather than Ciry staff. <br />Ms. Ginelle Hardy stated that she had worked on the committee with Ms. Diane Mazsh and that she had <br />attended workshops to obtain and acquire information and knowledge regarding the Mills Act. She further <br />stated that the process was time consuming and that it would bett~fit a property owner to have information <br />regazding the tax benefits in the contract. <br />Several Commissioners suggested that staff include sample calculation information in the packages regarding <br />the Mills Act tax benefits and other incentives for historic property owners. Mr. Edwards commented that <br />staff would continue to work on the informational package and that he would revisit the package. <br />Motion to: 1) Receive and file the Categorical Exemption for Enxironmental Review No. 00-01; 2) adopt a <br />resolution approving Historic Resources Commission Application No. 00-01; and 3) recommend that the <br />City Council direct the City Attorney to prepare and authorize the Mayor and the Clerk of the Council to <br />execute an agreement with James B. Hardy and Ms. Ginelle Hardy for the structure located at 822 South <br />Van Ness. <br />MOTION: Corpin SI'aCOND: Giles <br />AYES: Kings, Brenes, Berry, Corpin, Cribb, and Giles <br />NOES: None <br />ABSENT: Gartner, Chinn, and Bustamante <br />Study Session <br />1. Discussion b Cit Attorne . <br />a) Brown Act <br />b) Conflicts of Interest <br />c) Due Process <br />Ms. Cristine Shaw, Deputy City Attorney, discussed with the Commission the Brown Act; explained <br />procedures for developing Committees, meetings that excluded Brown Act, the Agenda Process, and <br />Conflicts of Interest. She defined to the Commission the differences between ad hots, standing meetings, <br />and serial meetings and at what meetings it was appropriate to take action on items and meetings where it <br />would be inappropriate to take actions. In addition, she discussed'',Conflicts of Interest and briefly described <br />the eight step process for determining whether a conflict of interlest exists. However, she explained that <br />only reliance on a written opinion rendered by the Fair Political Ptlactices Commission (FPPC) could protect <br />a Commissioner from civil or criminal prosecution. <br />Mr. Gary Sheatz, Assistant City Attorney, explained the legal', differences between Historic Resources <br />Commissioners and City Council members. He discussed how the differences affected the way they <br />performed their duties; the constitutional due process requirements related to Commission functions; and the <br />preservation of due process mandates that Commissioners abstaini from ex-pane contacts with the applicant <br />and interested parties, prohibits site visits, and precludes the reliann on information obtained off-the-record. <br />In addition, he further explained that if any of the aforementioned occurred in spite of his advice, the <br />Commissioners were required to disclose both the substance and ngture of the conversations or contacts with <br />the applicant. <br />2. Discussion of informational packages on historical structures a~-d issues for property owners. <br />Mr. Joseph Edwards, Principal Planner, discussed briefly the status of the prepazations for the informational <br />packages to be available to the public. He indicated that the informational package would include <br />information regarding the Cotmission, the Santa Ana Register, the review process, application fees, and <br />procedures. <br />Commissioner Cribb requested that staff ensure that the informational package be specific and include <br />financial incentives. <br />
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