HomeMy WebLinkAbout2012/12/11 Item 14CITY COUNCIL
AGENDA STATEMENT
~~~ CITY OF
CHULA VISTA
Item No.• ly'
'~-
MeetingDate: 12-11-12
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE MILLS ACT AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND THE PROPERTY OWNERS OF
151 LANDIS AVENUE, HISTORIC SITE #26, AND AUTHORIZING
THE MAYOR TO SIGN SAID AGREEMENT.
SUBMITTED BY: ASSISTANT CITY MANAGER/DEVELOPMENT SERVICES
DIRECTOR !~'~. ~. G. ~
REVIEWED BY: CITY MANAGE
4/STHS VOTE: YES NO X
SUMMARY
On May 29; 2001 City Council adopted a policy that allows the City of Chula Vista to enter into
Mills Act Agreements with owners of designated historic. sites. The .Mills Act, which was
incorporated into the City's Historic Preservation Program (2011), provides ari economic
incentive, through a property tax reduction, for property owners of qualified historic properties to
preserve, restore and rehabiliate their historic property. Staff has received one Mills Act
Agreement application this year, 151 Landis Avenue, Historic Site #26, The Albert Barber
House.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed project for compliance with the
California Environmental Quality Act (CEQA) and has determined that the project qualifies for a
Class 31 Categorical Exemption ,pursuant to Section 15331 (Historical Resource
Restoration/Kehabilitation) of the State CEQA Guidelines because the action adopts an
agreement which preserves a historical resource. Thus, no further environmental review is
required.
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Date, Item No.: ~y
Meeting Date: 12-11-12
Page 2 of 4
RECOMMENDATION
That the City Council approve the Resolution.
BOARDS/COMMISSION RECOMMENDATION
The Historic Preservation Commission considered the Mills Act Agreement for 151 Landis
Avenue at their regularly scheduled meeting on December 5, 2012 and recommends that City
Council approve the Agreement.
DISCUSSION
Back rg ound
Enacted in 1972, the Mills Act legislation grants participating local governments (cities and
counties) the authority to enter into legally binding contracts (Mills Act Agreements) with
owners of qualified historic properties who actively participate in the restoration and
maintenance of their historic properties with. the benefit of potential property tax relief.
Government Code section 50280 et seq. vests approval of Mills Act Agreements in the
legislative body of a city, which in the case of Chula Vista is the City Council. Prior to the City
Council consideration of a Mills Act Agreement, the Historic Preservation Commission reviews
each Agreement and makes a recommendation to the Council on the adoption of the Agreement.
Once approved by the City Council, the Mayor executes the Agreement, and then it is forwarded on
to the County Recorder's office for recordation.
The City of Chula Vista adopted the Mills Act Program because it recognized both the social and
economic benefits. of conserving historical resources, and that the conservation of important
historical resources and reinvestment in older neighborhoods contributes to cultural tourism,
civic pride, and a sense of place and continuity with the community's past. The Mills Act, which
was incorporated into the City's recently adopted Historic Preservation Program (2011), is one of
the most important historic preservation incentive programs available to owners of historical
resources.
Mills Act Agreements are ten (10) yeaz contracts that renew by one (1) yeaz annually. This
means that, unless cancelled by the City or the property owner, there will always be ten (10)
yeazs remaining on the life of the Agreement. The Agreement runs with the property not the
property owner so subsequent property owners will pay the Mi11s Act valuation of the property
and will not be reassessed based on the purchase price paid for the property. Dependent on how
long a property owner has owned a property, and other valuation factors, a property owner may
not realize a significant tax savings when they first enter into the Agreement. Property owners
often still elect to enter into the Agreements because the Mills Act encourages the restoration,
rehabilitation. and long-term preservation of historical resources through contractual
accountability.
151 Landis Avenue
151 Landis, The Albert Barber house is Historic-site #26 on the City of Chula Vista Register of
Historical Resources. This house is, an Orchard Home that was built in 1888 and currently houses
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Date, Item No.: ~
Meeting Date: 12-11-12
Page 3 of 4
six (6) 1 bedroom units. The rental units do not diminish the historic significance of the exterior of
the original building. The property owners of 151 Landis Avenue are committed to restoring the
character defining features and elements of this historic home, (restoration of the front porch,
spindle and-fish scale wood detailing, etc.) that have been .lost due to neglect or removed through
the years. Staff has prepared a Mills Act Agreement for the owners of 151 Landis Avenue, who
have voluntarily applied to participate in the City's Mills Act Program.
Staff, together with the homeowners, has determined a list of potential improvements to the
property to be included in the Agreement. These improvements are expected to be completed over
the next ten (10) years and include: exterior painting, replacement of vinyl windows, restoration of
window arrangement and fish scale details and other exterior ornamental detailing, health and safety
upgrades such as repair to stairs and railings, replacement of heaters and fumigation, landscaping,
and interior renovations. (Attachment 2)
DECISION=MAKER CONFLICTS:
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet of the boundaries of the property which is the subject of this action. Staff is not
independently aware, nor has staff been informed by any City Council Member, of any other fact
that may constitute a basis for a decision maker conflict of interest in this matter.
CURRENT YEAR FISCAL IMPACT
There are no current year fiscal impacts associated with the approval of this item. The Mills Act
application fee paid by the property owners of 151 Landis Avenue covers all costs associated
with processing the application.
ONGOING FISCAL IMPACT
The City receives $0.147 of each property tax dollar and although the property tax revenue loss
of each Mills Act property is relatively negligible, over time, if the City enters into Mills Act
Agreements with significant numbers of property owners, the revenue impacts could
incrementally become significant. The County Assessor did. an estimation of how. much of a
reduction the property owners of 151 Landis Avenue would receive as a result of entering into
the Mills Act Agreement and determined that the property tax assessment for 151 Landis Avenue
with the Mills Act would actually be a bit higher than the property owner's current property tax
assessment. -Their current property tax assessment is based on a value of approximately
$436,000 and with the Mills Act the assessment would be approximately $485,000. Therefore,
there would be no net loss of property tax dollars to the City that would result, at this time, from
entering into a Mills Act Agreement with 151 Landis Avenue.
The Mills Act formula is based upon several factors, some which fluctuate with-the real estate
.market (i.e. mortgage interest rates); therefore, there could be a benefit to the property owner and
a net loss to the City of some property tax dollars sometime in the future. However, as stated
.above the property tax revenue loss as a result of an individual Mills Act Agreement is
anticipated to be negligible.
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Date, Item No.: I
Meeting Date:. 12-11-12
Page 4 of 4
The property owners are aware that their property taxes will not be lowered, at this time, with the
Mi11s Act and therefore $436,000 would be the valuation that their tax assessment would be
based upon. However, the property owners have elected to proceed with entering into the
Agreement with the City for the long term preservation benefit of the Mills Act Program.
ATTACHMENTS
1. 151 Landis Mills Act Agreement
2. 151 Landis Mills Act Agreement, Attachment B
3. Photos of 151 Landis Avenue
Prepared by: LynnetteTessitore-Lopez, Associate Planner, Development Services Department
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RESOLUTION NO
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING THE MILLS ACT
AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND THE PROPERTY OWNERS OF 151 LANDIS
AVENUE, HISTORIC SITE #26
WHEREAS, California Government Code Section 50280 et seq., referred
to as the Mills Act, authorized cities to enter into agreements with the owners of
qualified historical properties to provide for the use, maintenance, and restoration
of such historical properties so as to retain their characteristics as properties of
historical significance; and
WHEREAS, Council Policy Number 454-01, adopted May 29, 2001,
authorizes the City Council to enter into Mills Act Agreements with property
owners of qualified historic properties; and
WHEREAS, Council Policy Number 454-01, was made a part of the
City's Historic Preservation Program, adopted in July 2011; and
WHEREAS, the City and the Owners of 151 Landis Avenue, for their
mutual benefit, now desire to enter into a Mills Act Agreement both to protect
and preserve the characteristics of historical significance of this designated
Historical Site (Historic Site #26) and to qualify this. Historical Resource for an
assessment of valuation pursuant to the provisions of Article 1.9, (commencing
with Section 439) of Chapter 3 of Part 2 of Division 1 of the California Revenue
and Taxation Code (as amended from time to time); and
WHEREAS, State legislation defines a qualified historic property as any
property that is listed on a national, state or local historic register; and
WHEREAS, the subject property is listed on the Chula Vista Register of
Historical Resources and therefore is deemed a "qualified historic property"; and
WHEREAS, the Historic Preservation Commission at their regular
meeting held on December 5, 2012, reviewed the Agreement in its entirety and
voted 5-0-0-1 to recommend that the City Council approve the subject Mills Act
Agreement; and
WHEREAS, the Development Services Director has determined that this
action is exempt pursuant to the California Environmental Quality-Act (CEQA),
Section 15331, Class 31, Historical Resources Restoration and Rehabilitation of
the state CEQA Guidelines.
NOW, THEREFORE, BE IT RESOLVED that the City Council does
hereby approve the executed Mills Act Agreement between the City of Chula
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Vista and the owners of 151 Landis Avenue, located in the City of Chula Vista.
and authorizes the Mayor to execute the same.
Presented by
Gary Halbert, P.E., AICP
Assistant City Manager/Development
Services Director
Approved as to form by
s --
Glen R. Go ins
'r(D~City Attorney
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THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE -CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
l
Glen s
~~ -City Attorney
Dated: f Z-~~ ~C ~.
MILLS ACT AGREEMENT
BETWEEN
THE CITY OF CHULA VISTA AND
RICHARD JENSEN AND STEPHANIE JENSEN
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ATTACHMENT 1
Recording Requested by and
Please Return to:
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 9,1910
Q This Space for Recorder's Use Only Q
APN(s) 566-232-O1-00
MILLS ACT AGREEMENT
For property located at 151 Landis Avenue, Chula Vista, CA 91910
THIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a
municipal corporation ("City") and Richard Jensen and Stephanie Jensen ("Owners").
RECITALS
WHEREAS, California Government Code Section 50280 et seq., referred to as the Mills
.Act, authorized cities to enter into contracts with the owners of qualified historical properties to
provide for the use, maintenance, and restoration of such historical properties so as to retain their
characteristics as properties of historical significance.
WHEREAS, Owner possesses fee title in and to that certain real property, together with
associated stmctures and improvements thereon, Assessor Parcel No. 566-232-01-00, and
generally located. at the street address 151 Landis Avenue, Chula Vista, California, 91910.
WHEREAS, the Chula Vista City Council declared and designated the above property as
Historical Site Number 26 (Historic Site # 26), pursuant to Chula Vista Municipal Code Section
232.070. A-F.
WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this
Agreement both to protect and preserve the characteristics of historical significance of Historic
Site # 26 and to qualify Historic Site # 26 for an assessment of valuation pursuant to the
provisions of Article 1.9, (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of
the California Revenue and Taxation Code (as amended from time to time).
NOW THEREFORE, in consideration of the mutual benefits and covenants contained herein,
City and Owner agree as follows:
1. Compliance with Council Policy. Owner shall comply with Council Policy Number 454-
01 incorporated herein by this reference.
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Mills Act Contract
2. Standards for Historical~Site: During the term of this Agreement, the Historic Site shall
be subject to the following conditions, requirements, and restrictions:
a. Owner shall preserve and maintain the regulated characteristics of historical
significance of the Historic Site, and, where necessary and feasible, restore and
rehabilitate the property, in accordance with the rules and regulations published
by the Secretary of the Interior and as amended from time to time (Attachment
A). Work shall be done in accordance with the attached schedule of potential
home improvements, drafted by the Owner (Attachment B).
b. Owner shall maintain all buildings, structures, yards and other improvements in a
manner which does not detract from the appearance of the immediate
neighborhood. The following conditions are prohibited:
i. Dilapidated, deteriorating, or unrepaired stmctures, such as: fences, roofs,
doors, walls and windows;
ii. Scrap lumber, junk, trash or debris. _ _
iii. Abandoned, discarded or unused objects or equipment, such as
automobiles, automobile parts, furniture, stoves, refrigerators, cans,
containers, or similar items;
iv. Stagnant water or excavations, including pools or spas;
v. Any device, decoration, design, structure or vegetation which is unsightly
by reason of its height, condition, or its inappropriate location.
c. Owner shall allow reasonable periodic examination of the Historic Site, by prior
appointment, if a request is made by representatives of the City of Chula Vista
Planning Department, County Assessor, State Department of Parks and
Recreation or the State Board of Equalization.
d. The owner shall allow visibility of the exterior of the structure from the public
right-of--way.
e. Should owner apply to the City for a permit for demolition, substantial exterior
alteration or removal of the Historic Site, Owner shall attend and participate in a
scheduled hearing regarding such application before the board or commission
designated by the City Council to oversee the City's historic resources and the
City Council prior to the issuance of such permit.
£ Notwithstanding the foregoing subparagraph 2.e, should Owner apply to the City
for a' permit for the demolition, substantial exterior alteration or removal of the
Historic Site, Owner shall comply with alI City and State of California
environmental regulations, policies and requirements prior to City issuance of the
requested permit.
3. Information of Compliance. Owner hereby agrees to furnish City with any and all
information requested by the City which the City deems necessary or advisable to
determine compliance with the terms and provisions of this Agreement.
4. Cancellation. City, following a duly noticed public hearing as set forth in Califomia
Government Code Sections 50280, et seq., may cancel this Agreement if it determines
that Owner has breached any of the conditions of this Agreement or has allowed the
property to deteriorate to the point that it no longer meets the City's or State's standards
14-9
Mills Act Contract
for a qualified historic property. In addition, City may cancel this Agreement if it
determines that the Owner has failed to restore or rehabilitate the property in the manner
specified in subparagraph 2(a) of this Agreement, or has demolished, substantially altered
or removed the historic site. In the event of cancellation, Owner shall be subject to
payment of those cancellation fees set forth in California Government Code Section
50286.
5. Enforcement of Agreement. In lieu of and/or in addition to any provisions related to
cancellation of the Agreement as referenced herein, City may specifically enforce or
enjoin the breach of the terms of this Agreement. In the event of a default under the
provisions of this Agreement by Owner, City will give written notice to Owner by
registered or certified mail addressed to the address stated in this Agreement, and if such
a violation is not corrected to the reasonable satisfaction of the City within thirty (30)
days (provided that acts to cure the breach or default must, be commenced within thirty
(30) days and must 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 terms of this Agreement, apply to any court, state or federal for injunctive relief
against any violation by Owner or apply for such other relief as may be appropriate. City
does not.waive any claim of default by Owner if City does not enforce or cancel this
Agreement. All other remedies of law or in equity which are not otherwise provided for
in this Agreement or in City's regulations governing historic sites are available to the
City to pursue in the event 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.
6. Binding Effects of Agreement. The Owner hereby subjects the Historic Site to the
covenants, reservations and restrictions as set forth in this Agreement. City and Owner
hereby declate 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 Site.
Each and every contract, deed; or other instrument hereinafter executed, covering or
conveying the Historic Site, or any portion thereof, shall conclusively be held to have
been executed, delivered, and accepted subject to the covenants, reservations, and
restrictions expressed in this Agreement regardless of whether such covenants,
reservations, and restriction are set forth in such contract, deed, or other instrumett. City
and.Owner hereby declare their understanding and intent that the burden of the
covenants, reservations, and restrictions set forth herein, touch and concern the land, in
that Owner's legal interest in the Historic Site is rendered less valuable thereby. City and
Owner hereby further declare their understanding,and intent that the benefit of such
covenants, reservations and restrictions, touch and concern the land by enhancing and
maintaining the historical characteristics and significance of the Historic Site for the
benefit of City, the public, and Owner.
7. Effective Date and Term of Agreement. This Agreement shall be effective and
commence on December 11, 2012 (but no earlier than approval of the agreement by the
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5
Mills Act Contract
City CounciI), and shall remain in effect for a term often (10) years thereafter. Each year
upon the anniversary of the effective date, such initial term will automatically be
extended as provided in paragraph 8 below.
8. Renewal. Each year on the anniversary of the effective date of this Agreement (the
"renewal date"), a year shall automatically be added to the. initial term of this Agreement
unless notice ofnon-renewal is mailed as provided herein. If either Owner or City
desires in any year not to renew this Agreement, Owner or City shall serve written notice
ofnon-renewal. on the other party in advance of the annual renewal date of the
Agreement. Unless such notice is served by Owner to City at least ninety (90) days prior
to the annual renewal date, or served by City to 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. Upon receipt by Owner of a notice ofnon-renewal from
City, Owner may make a written protest of the notice. City may, at any time prior to the
annual renewal date of the Agreement, withdraw its notice of nen-renewal. If either City
or Owner serves notice to the other ofnon-renewal 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.
9. Notice. Any notice required to be given by the terms of this Agreement shall be provided
at the address of the respective parties as specified below or at any other address as may
be later specified by either party.
To City: City of Chula Vista
Attention: Development Services Director
276 Fourth Avenue
Chula Vista, CA 91910
To Owner(s): Richard and Stephanie Jensen
151 Landis Avenue
Chula Vista, CA 91910
10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed to
create a partnership between the parties 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. Approval of this request shall not waive compliance with all sections of Title 19
(Zoning) of the Municipal Code, and all other applicable City Ordinances
c. Owner agrees to and shall hold City and its elected 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 of operations of Owner or those of his or her contractor,
subcontractor, agent, employee or other person acting on his or her behalf which .
relate to the use, operation, and maintenance of the Historic Site. Owner hereby
14-11
6
Mills Act Contract
agrees to and shall defend the City and its elected Officials, officers, agents, and
employees with respect to any and all actions for damages caused by, or alleged
to have been caused by, reasons of Owner's activities in connection with the
Historic Site. This hold harmless provision applies to all damages and claims for
damages suffered, or alleged to have been suffered, 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 Site.
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 Historical Site, whether by operation of law or
in any manner whatsoever.
e. 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.
£ This Agreement shall not take effect unless and until Owner's signature is
notarized by a notary public. Furthermore, if an agent or representative of Owner
signs this Agreement on behalf of Owner, the agent or representative must furnish
proof; to the satisfaction of City, that the agent or representative has authority to
act on Owner's behalf.
g. This Agreement shall be construed and governed in accordance with the laws of
the State of California.
11. Recordation. No later than twenty (20) days after the parties execute and enter into this
Agreement, City shall cause this Agreement to be recorded in the office of the County
Recorder of the County of San Diego.
12. Amendments. This Agreement may be amended only by a written and recorded
instrument executed by the parties hereto
13. Attorneys. 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 in this agreement, the prevailing parry in such proceeding may recover all
reasonable attorneys' fees to be fixed by the court, in addition to court costs and other
relief ordered by the court.
14. Bareaining_Power. This agreement has been agreed to by the parties only after
negotiations between City and Owner(s), both of which were represented by counsel.
Accordingly, this agreement shall not be construed as if it had been prepared only by City
or Owner(s), but rather as if both City and Owner(s) had prepared the same.
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Mills Aet Contract
15. Counterparts. This agreement maybe signed in one or more counterparts, each such
counterpart shall be considered as part of and the same document as all other related
counterparts.
[Remainder of Page Intentionally Left Blank]
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Mills Act Contract
SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR
151 Landis Avenue, Chula Vista, CA 91910
CITY OF CHULA VISTA
OWNER(S) OF RECORD for
151 Landis Avenue
Approved:
Cheryl Cox,. Mayor
Attest:
otazized "gnature)
fZ-S-Zc;iZ
Donna Norris, City Clerk ~~~~
(N ized Signature)
12 -~ - Zo 1 z.
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~ '~'~ Commission # 1905810
at '~ ~~~~, Notar Public - California
Approved as to form: _ . ~° y
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`~~,;~~"~ San Diego County n
~.,,_„~,,, M.,~,,, Y,~xuirns Oci 30, 2014
Glen R. Googins, City Attorney SEE ATTACHMENT FOR
OFFICIAL NOTARIZATION
OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF
NOTARY PAGE WITH SIGNATURE AND SEAL.
14-14
CE1~IIFI~ATE (J~A~KN~V~LE?~G~I~I~~~
State of California
County of Cl'(~ \~\~ C~
~ .
On ~2 _~-1Z before me; ilk ERISm ,Notary Public, personally appeared
wko proved to me on the basis of satisfactory evidence to be eh.e person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me [hat helshe/they executed.the
same in his/her/their authorized capacity(ies), and. that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under'PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ~~~ ~~~a=~' / (Seal)
r~~s~~
OFFICIAL SEAL
~~' REBECCA FRISTO a
• • NOTARY PUBLIC-CALIFORNIA,
`~ ® COMM. N0.1893b72
~ .- ~ SAN7IEG000UNTY
..~ MY COMM. F.XP. JUNE 18, 2014
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF ATTACHED DOCUMENT CAPACITY CLAMINED BY SIGNER
^ Individual (s)
(Tide or description of attached document) ^ Corporate Officer
(Title)
(Title or description of attached document continued)
NUMBER OF PAGES _ DOCUMENT DATE ^ Partner (s)
^ Attorney-in-fact
^ Trustee (s)
(AdditionalIaformadon) ^ Other
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CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of ~~•'~ "~ ~ ' E- ~"f v
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On (2. ~ ~' (~~ ~ I 't, before me, ~!~~~~ 7, -1 t~~v~+m'
(Here inner[ name and title
personally appeared lac I ~~ra (? r~ ~ ! ~, „_;~„ ,~ S ~ ~~
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/armsubscribed to
the within instrument and acknowledged to me that he/s#efthzq executed the-same in his/heir authorized
capacity(ies), and that ~by~ his/1tecLt(~eir signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instnunent. - -
I certify under PENALTY-0F PERJURY under the laws of the State of California that the foregoing paragraph
is trite and correct.
WITNESS my hand //JJ al seal.
G`l~ r
Signature o(Notary Pubf
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Cornmissian # 1906610
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(Notary Seal)
ADDITIONAL OPTIONAL INRORMATION
. DESCRIPTION OF THE ATTACFIED DOCUMENT
(Title or description ofattached document)
(Title ordescrip[ion of attached document continued)
Number of Pages Document Date
(Additional intonnation)
CAPACITY CLAIMED QY THE SIGNER '
^ Individual (s)
^ Corporate Officer
(Title)
^ Partner(s) -
^ Attorney-in-Fact
^ Trustee(s)
^ Other
INSTRUCTIONS FOR COMPLETING THIS FORM
Arcy acknou=ledgrnen( cornp(eted in California must conmin verbiage erncll}' a.v
appears above in [he no(ary section or a separate acknmv[edgrnen(jonn mus! be
properly completed and atached ro tha( document. The only exception is fJ' a
docrmrenr is !o be recorded aufsrde of Cal forma In such instances. an}' a[[ernalive
acknowledgment verbiage as may be printed an such a documerr! so long a.r the
verbiage does nor require the notary [a do something Thal is illegal for a notary in
Calrfornia (L e. cer((jying [he authorLed capacity of the signerJ. Please check the
documen! carefid[y for proper naiariaht=ording and anaeh Utis faun rf required
• S[a[e and County information must be the State and County where the document
signer(s) personally appeared before [he notary public for acknowledgment
• Date of notarization must be [he'date that [he signers) personally appeased which
must also he the soma date the acknowledgment is completed.
• The notary°public must print his or her name as it appears within his or her
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notarization.
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Impression must not cover text or lines. If seal impression smudges. re-seal if a
sufficient area permits, otherwise complete a different acknowledgment tbnn_
• Signature of the notary public must match the signature on f le with (heoftice of `
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached Co a different document.
Indicate title or type of attached document, mm~ber of poses and date.
Indicate the capacity claimed by the signer. If the claimed capacity Is a
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• Securely attach [his document [o the >ianed document
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ATTACHMENT "A"
SECRETARY OF THE INTERIOR STANDARDS FOR RESTORATION AND
REHABILITATION OF HISTORIC STRUCTURES
A property shall be used for its historic purpose or be placed in a new use that requires
minimal change to the defining characteristics of the building and its site and
environment.
The historic character of a property shall be retained and preserved. The'removal of
historic materials or alterations of features and spaces that characterize a property shall be
avoided.
Each property shall be recognized as a physical record of its time, place, and use.
Changes that create a false sense of historical development, such as adding conjectural
features or architectural elements from other buildings, shall not be undertaken.
4. Most properties change over time; those changes that have acquired historic significance
in their own right shall be retained and preserved.
5. Distinctive features, finishes, and construction techniques or examples of craftsmanship
that characterize a property shall be preserved.
6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of
deterioration requires replacement of a distinctive feature, the new feature shall match the
old. in design, color, texture, and other visual qualities and, where possible, materials.
7. Chemical or physical treatments, such as sandblasting, that cause damage to historic
materials shall not be used. The surface cleaning of structures, if appropriate, shall be
undertaken using the gentlest means possible.
8. Significant archaeological resources affected by a project shall be protected and preserved'.
If such resources must be disturbed, mitigation measures shall be undertaken.
9. New additions, exterior alterations, or related new construction shall not destroy historic
materials that characterize the property. The new work shall be differentiated from the old
and shall be compatible with the massing, size, scale, and architectural features to protect
the historic integrity of the property and its environment.
10. New additions and adjacent or related new construction shall be undertaken in such a
manner that if removed in the fixture, the essential form and integrity of the historic
property and its environment would be unimpaired.
14-17
ATTACHMENT "B"
MILLS ACT AGREEMENT SUPPLEMENTAL (See Attached)
(To be completed by the Owner)
Please list,. to the best of your knowledge, the improvements that have been made over
the past 10 years to maintain or rehabilitate this property.
YEAR IMPROVEMENT
Please list the improvements and restorations that you intend to make over the next 10
years. ,List them in order of your priority based upon anticipated need for proper
maintenance.
PRIORITY
IMPRO VEMENT/RESTORATIONS
Y OWNER CERTIFICATION:
I certify that I am presently the legal owner of the subject property. Further, I
acknowledge the supplemental information on this form will be used as an exhibit
attached to the Mills Act Agreement.
Sianature•
14-18
151 Landis Avenue Mills Act Agreement -Attachment B
Proposed Restoration, Rehabiliation and Repairs
The following list comprises the restoration, rehabilitation and repair projects proposed over the next 10
years for 151 Landis Avenue, The Albert Barber House, Historic Site #26. The items include health and
safety issues, as the historic home has suffered from years of neglect, disrepair, and overall lack of
maintenance. We have already invested close to $60,000 in repairs in order to provide the residents
with improved living conditions-both for safety and overall comfort.
The following list is represents our priorities and is an ongoing plan to maintain and restore the property
beyond 10 years.
Restorations/Rehabiliation and Repairs SEE ATTACHMENT FOR
2oiz Priorities OFFICIAL NOTARIZATION
1. Apply to enter Mills Act Agreement with the City of Chula Vista ~7 ~ /J
2. Restore exterior foundation details including securing crawl space access (C~~Q'zcf''~
3. Replace exterior lighting with architecturally appropriate lighting fixtures `~"k`~~`` Jz'a-SL'-~
tZ-~-ZGti.
4. Repair/replace heater in Unit D
5. Repair water damaged drywall in garages
6. Repair leaking shower in Unit F
2013 and onward Priorities
I Z-5 -~f z
1. Fumigation and repair of erasion caused by termites etc...
2. Restore and repair front porch railing, including front fascia boards with consideration to historic
character and accuracy based upon historic photos of 151 Landis Ave.
3. Renovate interior entryway and common interior stairwell with restoration.of historic detailing
4. Rehabilitation and restoration of the front porch, including restoration and repair of fascia
boards and relocating mailboxesto driveway
5. Paint Exterior of both buildings with historic period appropriate colors
6. Restore and replicate missing architectural detailing in the front including fish scale detailing.
7. Restore and repair windows and window screens to include restoration of window size(s) and
type including installatiornof aged glass, replication of casement design details based on.historic
photos of the house.
8. Renovate front landscape by planting trees that are more architecturally compatible
9. Remove large invasive tree at the front of the property which was planted in 1985 and is causing
damage to the property and historic structure.
10. Repair/replace stairs and railing at back of the property
11. Renovate Units F and B
12. Install security screens
13. Insulate water heater vent pipes and correct angles at exit from buildings as needed.
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~I~,,^ HOMAf: RAZUK
y ~ "uf ~~ ` Commisslan # 190fi610
- a~ =~, atl_ Notary Puhlic -California z
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' ~ y; ~~,;;.'~`~'' San Dleye County '
- ,~ `°- My Cemm Fxpuec Om 30. ?.614 `~,~
14-1 9
t. f a~,l l." T ~ 1_ ~I .t.E'1 <~iL~' L" iJ t~.i'~ T J i.
T~RTI~I~AT~ OF A~KiVOWL~L~G~~l~i•TT
JtaCe Of t_.~wLOLTlla
County of c~®`~ ~1 e
On _~=~~2-_ before me; 1~~.'CA FRiS"1D ,Notary Public, personally ~ppeazed
~~e~ha~~e ~=-~..~5ec~
- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the
wine in his/her/their authorized capaciry(ies), and. that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instnument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS mV nand and official seai. ppFIC1AL SEAL
l REBECCA FRISTO
' ~ ' NOTAFY PUBLIGCALIFtlRNIA~,
1 ~ ~+ ® COPi1M. NO. 1893012
SAN DIEGO CpLINTY
MY COMM. EXP. JUNE 18, 2014
Signature (Seal) ~,..,,..~:..~-,~.,a..~,,:-.
ADDITIONAL OPTIONAL IlVFORMATION
DESCRIPTION OF ATTACHED DOCUMENT CAPACITY CLAMINED BY SIGNER
^ Individual(s)
(Title or description of aetached document) ^ Corporate Officer
(Tide)
(Tide or description of attached document continued)
NUMBER OF PAGES _ DOCUMENT DATE _ ^ Partner (s)
^ Attorney-in-fact
Q TrusCee (s)
(AdditionalInformatian) ^ Other
14-20
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of ~~,'~~ ~~ ~, ~' C~ ~?
~~.vz
On~ ~ 2, l ~ ~'!~ / ~Z- before me, ~'~'I~~i~`+,~,~"~~` ~U~a~;~~;~_
(Here insert name and title
personally appeared ~ ~ ~ ~n ~j2 t~ ~ 1 ~>` n ~+~ F4 1 ~
ti: `
...~
who proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/3rdsubscribed to
thewithin instrument and acknowledged to me that he/sfte,<ttte~y executed the same in his/E~i-t authorized
capacity(ies), and that-6y his/hexLtkleir signature(s) on the instrument the person{s), or the entity upon behalf of
which the person(s) acted, executed the instnunent. -~
[ certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct-
(^_ Commission to 1906610
WITNESS my hand and offici seal. ~ ~<<° ~'~~~ Notary Fumic - canfornla
q v.,;-n,,,=,,, San Ciegc County
J ~ - - hey Onmm Fe,;in°s Cm 30, 2014
(Notary Seal)
Signature of Notary Pub is
ADDITIONAL OPTIONAL INFORMATION
DESCRtPTIOi 1 OF THE ATTACHED DOCUMENT
('title or description of attached doeumend
_ (Title or description of attached document wntinued)
Number of Paces _ Document Date
(Additional infonna[ion)
CAPACITY CLAIMED 4Y THE SIGNER
^ Individual (s)
^ Corporate Officer
(Title)
^ Partner(s)
^ Attorney-in-Fact
^ Trustee(s)
^ Other
LNSTRt1CTIONS FOR COMPLETING THIS FORM
Aqv acknom(edgmen[ 'completed in t;ahfornia must cwvzain rerbinge esac[lp os.
appears above In the notary section or a separate acknmvfedgment form rnus[ be
properly comp[eled and a[mched ro [ha[ document. The only exception is' J a
document is ro be recorded outs(de of California. /n such lnsmnces, nnr aliernprive
aeknmc[edgment verbiage as may be printed on such a document so long as' the
verbiage does not require the notary /o do something [hut is il[eya! for a rmmry rn
Calrjornia (i. e. cert~ing the authori-ed capacity of the signer). Please check the
daaiment carefidly for proper notarial a=ording and attach this fornv if required.
• State and County information must he the Sate and County where the document
signer(s) personally appeared before [he notary public for acknowledgment.
• Date of notarization must be [he date that [he signer(s) personally appeared which
must also be the same date [he acknowledgment is completed_
• The raary public must print his or her name as i[ appeaa within his or htr
commission followed by a comma and [hen your title (notary public).
• Print the name(s) of document signer(s) who peaonally appear at the time, of
notarization.
• Indicate [he correct singular or plural forms by crossing off incorrect forms (i e.
he/she/{hey- Is /era) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible_
Impmssion must not cover [es[ or lines. If seal impression smudges. rc-seal if a
sufficient area permin, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk_
Additional information is no[ required but could help to ensure this
acknowledgment is not misused or attached to a different doeumznt_
• Indicate title or type of attached document number of paces and date_
Indicate [he capacity claimed by the signer. If the claimed capacity is e
corporate otTicer. indicate the title (i e. CEO, CFO. Secretary).
• Securely attach this document to the signed document
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Attachment 2
151 Landis Avenue Mills Act Agreement -Attachment B
Proposed Restoration, Rehabiliation and Repairs
The following list comprises the restoration, rehabilitation and repair projects proposed over the next 10
years for 151 Landis Avenue, The Albert Barber House, Historic Site #26. The items include health and'
safety issues, as the historic home has suffered from years of neglect, disrepair, and overall lack of
maintenance. We have already invested close to $60,000 in repairs in order to provide the residents
with improved living conditions-both for safety.and overall comfort.
The following list is represents our priorities and is an ongoing plan to maintain and restore the property
beyond 10 years.
Restorations/Rehabiliation and Repairs
2012 Priorities
1. Apply to enter Mills Act Agreement with the City of Chula Vista
2. Restore exterior foundation details including securing crawl space access
3. Replace exterior lighting with architecturally appropriate lighting fixtures
4. Repair/replace heater in Unit D
5. Repair water damaged drywall in garages
6. -Repair leaking shower in Unit F
2013 and onward Priorities
1. Fumigation and repair of erosion caused by termites etc...
2. Restore and repair front porch railing, including front fascia boards with consideration to historic
character and accuracy based upon historic photos of 151 Landis Ave.
3. Renovate interior entryway and common interior stairwell with restoration of historic detailing
4. Rehabilitation and restoration of the front porch, including restoration and repair of fascia
boards and relocating mailboxes to driveway
5. Paint Exterior of both buildings with historic period appropriate colors
6. Restore and replicate missing architectural detailing in the front including fish scale detailing.
7. Restore and repair windows and window screens to include restoration of window size(s) and
type including installation of aged glass, replication of casement design details based on historic
photos of the house.
8. Renovate front landscape by planting trees that are more architecturally compatible
9. Remove large invasive tree at the front of the property which was planted in 1985 and is causing
damage to the property and historic structure.
10. Repair/replace stairs and railing at back of the property
il. Renovate Units F and B
12. Install security screens
13. Insulate water heater vent pipes and correct angles at exit from buildings as needed.
14-22
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Attachment 3