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HomeMy WebLinkAboutRCC AGENDA PK 2002/12/02 RESOURCE CONSERVATION COMMISSION INFORMATION MEMO TO: Resource Conservation Commission VIA: Marilyn RT Ponseggi, Environmental Review Coordinator ~ From: L ynnette T essitore- Lopez Subject: Mills Act Contract for 435 "E" Street Date: Dccember 2, 2002 BACKGROUND: Staff, in accordance with Council Policy Number 454-0I, has prepared a Mills Act contract for the owner of 435 "E" Street, Historic Site #62. Upon recommendation by the Resource Conservation Commission, the contract will be forwarded to City Council for consideration and authorization for the Mayor to sign the contract which will then be forwarded to the County Assessor's office for recordation, making the property eligible for tax credit in the next assessab1e tax yeaL RESOURCE CONERV ATION COMMISSION AUTHORITY: In accordance with Council Policy Number 454-0 I, Mills Act Contracts shall be reviewed by the Resource Conservation Commission and recommended for approval by the City Council. DISCUSSION: This is the second year of the Mills Act Program in Chula Vista, On May 29, 2001 Council adopted a policy that allows the City of Chula Vista to enter into Mills Act Agreements with owners of properties, which are on Chula Vista's List of Historic Sites, The site was listed on November 19, 2002. This agreement will help provide the property owner financial assistance in the form of property tax relief to maintain their historic home, Staff, with the approval of the City Attorney has prepared contracts to be entered into by the owners of historic homes who want to participate in the Mills Act Program. Staff. together with the homeowner, Ms, Ligia Brannen, has determined a list of potential improvements to the property to be completed over the next 10 years. Subsequent to the RCC recommendation to City Council the property owner will execute the Contract thus showing her agreement to the provisions of the contract. Prior to the City entering into each of the Mills Act Agreements, each Agreement must be reviewed by the RCC and a recommendation made to City Council. Once the RCC makes a recommendation to the City Council, staff will forward the contract to the City Council. Upon approval by the City Council, the Mayor will sign the contract, which will be forwarded to the County Assessor's office for recordation. Conclusion: The owner of 435 "E" Street has voluntarily applied to participate in the Mills Act Program, thus indicating her commitment to preservc the historic character of her home. Staff rcquests that the RCC make the recommendation to Council to approve this Mills Act Contract Attachments L Policy Number 454-01 2, Mills Act Contract 3, Photos of the properties J:\Planning\Lynnette\mi11s act docs\435 E mills act contracts fee memo 20D2.doc COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: MILLS ACT PROPERTY TAX POLICY EFFECTIVE ABATEMENT PROGRAM NUMBER DATE PAGE 454-01 OS/29/0 I IOF2 ADOPTED BY: 2001-161 I DATED: OS/29/01 AMENDED BY: RACKr.ROTJNß In November 1999, Councilperson Salas was contacted by a group of historic homeowners who were interested in pursuing the Mills Act in the City of Chula Vista, The item was referred to City staff who reported to the City Council on December 7, 1999 and noted several potential issues with enactment of the Mills Act in the City.. The item was then referred to the Planning Department who reported to City Council on January 23, 2001 regarding comments on the noted issues. At that meeting, Council directed staff to return to them with a liberal policy, which would encourage participation in this tax abatement program by the historic homeowners. PTTRPOSF, To provide financial assistance in the fonn of property tax relief to owners of qualifYing historic properties through the Mills Act Tax Abatement Program. After a Mills Act contract has been '- executed, the county assessor values the property according to the capitalization of income method, whereby the property' s potential income is divided by a pre-detennined capitalization rate to detennine the new assessed property value, The program encourages preservation and maintenance of the City's limited historic resources, POT.TCV I. It is the policy of the City of Chula Vista to foster and encourage the preservation, maintenance, rehabilitation and restoration of historically designated properties through the Mills Act program. 2, All qualifying historic sites shall be eligible for Mills Act Agreements, in confonnance with this City Council Policy and State law requirements, and shall be evaluated on a case by case basis. 3. Contracts shall be voluntary and flexible. 4. Contracts shall contain at a minimum, the mandatory conditions required by state law. 5, Contracts shall be reviewed by the Resource Conservation Commission and recommended for approvaL by the City CounciL _.< COUNCIL POLICY CITY OF CHULA VISTA ··"'UBJECT: MILLS ACT PROPERTY TAX POLICY EFFECTIVE ABATEMENT PROGRAM NUMBER DATE PAGE 454-01 OS/29/01 2 OF2 ADOPTED BY: 2001-161 I DATED: OS/29/01 AMENDED BY: 6. Contracts shall include a program for potential improvements over the life of the contract and shall be reviewed periodically for compliance. All improvements shall be in conformance with the Secretary of the Interior Standards for Rehabilitation. 7. No permit for the demolition, substantial alteration or removal of any building, structure or site shall be issued without first referring the matter to the Resource Conservation Commission. S. Minimum maintenance guidelines as provided for in the contract should be maintained at all times during the term of the agreement. Minimum maintenance guidelines are suggested as follows: A. Owner should make every attempt to preserve and maintain the regulated characteristics of historical significance of the Historic Site, and, where necessary, < restore and rehabilitate the property, in accordance with the rules and regulations published by the Secretary of the Interior. B. Owner should 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 highly discouraged: 1. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows; 2. Scrap lumber, junk, trash or debris; 3, Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, rerrigerators, cans, containers, or similar items; 4. Any device, decoration, design, structure or vegetation, which is unsightly by reason of its height, condition, or its inappropriate location, 9. Contracts shall be drafted in a form approved by the City Attorney, 10. The Community Development Department shall be provided the opportunity to review and comment on all Mills Act applications for commercial properties located within Redevelopment Areas. These proposed contracts shall be reviewed for potential negative financial consequences to the Redevelopment Area, îí Recording Requested by and Please Return to,' City Clerk City of Chula Vista PÜ Box 1087 Chula Vista. CA 91912 D This Space/or Recorder's Use Only D APN(s) 565-280-03-00 MILLS ACT AGREEMENT For property located at 435 "E" Street, Chula Vista, CA 91910 THIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a municipal corporation ("City") and Ligia Brannen ("Owner"). 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 structures and improvements thereon, Assessor Parcel No, 565-280-03-00, and generally located at the street address 435 "E" Street, Chula Vista, California, 91910, (the "Historic Site'} WHEREAS, after a public hearing, the Chula Vista City Council declared and designated the above property as Historical Site Number 62, pursuant to Chula Vista Municipal Code Section 2.32.070. 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 the Historical Site and to qualify the Historical Site 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 I of the California Revenue and Taxation Code (and as amended from time to time), NOW THEREFORE, in consideration of the mutual benefits and covenants, City and Owner agree as follows: Page 2 of6 Mills Act Contract 1. Compliance with Council Policy. Owner shall comply with Council Policy Number 454- o I incorporated herein by this reference. 2. Standards for Historical Site. During the tcrm of this Agreement, the Historic Site shall be subject to the following conditions, require~ents, and restrictions: a, Owner should 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 should be done in accordance with the attached schedule of potential home improvements, drafted by the Owner (Attachment B). b, Owner should 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: L Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows; IL Scrap lumber, junk, trash or debris. Ill. 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 ofChula 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. c. 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 overscc the City's historic resources prior to the issuance of such pennit, so long as such hearing is completed no longer than three (3) weeks after owner submits such application to the City, f Notwithstanding the foregoing subparagraph 2,e, should Owner apply to the City for a pennit for the demolition, substantial exterior altcration or removal of the Historic Site, Owner shall comply with all City and State of California environmental regulations, policies and requirements prior to City issuance ofthe requested pennit. 3. Infonnation of Compliance. Owner hereby agrees to furnish City with any and all information requcsted 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 California Government Code Sections 50280, et seq" may cancel this Agreement if it detennines Page 3 of6 Mills Act Contract 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 for a qualified historic property. In addition, City may cancel this Agreement if it detennines 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 maybe subject to payment of those cancellation fees set forth in California Government Code Section 50280, et seq, 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 thereaftcr be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the tenns of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out oftenns 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 docs 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 thcre is a breach of this Agreement No waiver by City of any brcach or default under this Agreement shall be deemed to be a waivcr 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 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 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 becn executed, delivered, and accepted subject to the covenants, reservations, and rcstrictions expressed in this Agreemcnt regardless of whether such covenants, reservations, and restriction are set forth in such contract, deed, or other instrument. 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 furthcr 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. Page 4 of6 Mills Act Contract 7, Effective Date and Term of Agreement. This Agrcement shall be effective and commence on December 10, 2002(but no earlier than approval of the agreement by the City Council), 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 ofthis Agreement (the "renewal date"), a year shall automatically be added to the initial term of this Agreement unless notice of non-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-rcnewal 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 servcd by City to Owner at least sixty (60) days prior to the annual renewal date, one (I) year shall automatically be added to the term of the Agreement as provided herein. Upon receipt by Owner of a notice of non-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 non-renewal. If either City or Owncr serves notice to the othcr of non-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: Director of Planning & Building 27 6 Fourth A venue Chula Vista, CA 91910 To Owner(s): Ligia Brannen 435 "E" Street Chula Vista, CA 91910 Page 5 of6 Mills Act Contract 10, Gencral 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. 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 agrees to and shall defend the City and its elected Officials, officers, agents, and employees with respect to any and all actions tor 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 referrcd 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, c, 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. d. In the event that any of the provisions of this Agreement are held to be unentorceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability ofthe remaining provisions, or portions thereot: shall not be effected thereby, e. This Agreement shall not take effect unless and until Owner's signature is notarizcd 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. f This Agreement shall be construed and governed in accordance with the laws of the State of California, II, Recordation. No later than twenty (20) days after the parties execute and entcr into this Agreement, City shall cause this Agreement to be recorded in the office of the County Rccorder 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 Page 6 of6 Mills Act Contract SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR 435 "E" Street (APN: 565-280-03-00) CITY OF CHULA VISTA Date: OWNER(S) OF RECORD Approved: Date: Shirley Horton, Mayor By: (Notarized Signature) Date: Attest: Date: Susan Bigelow, City Clerk By: (Notarized Signature) Date: Approved as to form: John Kaheny, City Attorney OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF NOTARY PAGE WITH SIGNATURE AND SEAL. A TT ACHMENT "A" SECRETARY OF THE INTERIOR STANDARDS FOR RESTORATION AND REHABILITATION OF HISTORIC STRUCTURES L 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. 2. 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, 3, 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 fcaturcs 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 teclmiques or examples of craftsmanship that characterize a property shall be preserved, 6. Deterioratcd 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 differcntiated from the old and shall be compatible with the massing, size, sca]e, and architcctural 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 future, the essential form and integrity of the historic property and its environment would be unimpaired, ATTACHMENT "B" MILLS ACT AGREEMENT SUPPLEMENTAL (To be completed by the Owner) Please list, to the best of your knowledge, the improvements that have been made over the past I 0 years to maintain or rehabilitate this property, YEAR IMPROVEMENT ~ ~ 'IJ;jAin f/;p /'7úl fr/) y-¿oq/:-S' -:I/YrF ,,¿qJ ~¿I) Vf/("J,~; ~:¿J í/kì//!r/)oJJG7 <V;7P/'9//\' v /a/'d"ê'C~ v q /)Þ¿~,nYê)¿ ~ J~ c¡r( I' - d,}é7-f" /) c-/f' n.J ß Ji/) -t/ß QC'CMJ:'C7.' ,j //"-ß J a -", ¿1 _ ~ ¿ -/6/nÞI?¿y(' c;',J' äIC//. pc¡/IJ C <¥ 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 IMPROVEMENT/RESTORA TIONS (I) +-;/)0 n G /¿L) q / / --;/;09;/ /:s- /JJcRt7 Q/~CI-J/ 'J!c~rqo /ý (,O-/1/)?7~ 6-6 (9) (;.; lL(rc:~_j) //~, / ~/) 9 /) uJ --.I u¡oÞ-t.p (5) Lc;>/JdJ/'cr.?ß /f)9/~/)q/) ~ (4) Æ?C7//"''-C 7f; (uql<J",:ß~n~ ~ I '¡)lrI7 ¿~ ) OWNER CERTIFICATION: I certify that I am presently the legal owner of the subject property_ Further, I acknowledge the supplemental information on this fonn will be used as an exhibit attached to the Mills Act Agreement I,C' I Date: ~ -, -.:s.'Yf:. ~--- ---- -- CITY OF CHULA VISTA .~ PLANNING & BillLDING DEPARTMENT MILLS ACT ,";'-- 276 Fourth A venue OTY OF APPLICATION FORM CHULA VISIA Chula Vista, CA 91910 APPLICANT/OWNER INFORMATION I SœffUse Applicant/Owner Name:q¡'c¡ , /Yll)f)en Case #: , /J /) Date Submitted: '-r ÓéJ ,,;;)6?Jd Applicant/Owner Address: Iv "-I3ò ''/:.// óp..eef ell , Phone: !';;f;, Hð7 9/'lID Secondary Owner Name: í)!~ Owner Address: ld; 110Ý Phone: ,1'.' 0 ,\:~ & OWNER APPROVAL I~ REQUIRED 1)/",,- NAME, u.cl",Ú . '7CLt.,~~{,~ NAME. SIGNATURJ I SIGNATURE: _. .~ ~ DATE: 7- J é: '-:;J6 /} '{ DATE: I PROPERTY INFORMATION I Property Address: , 43S " ~ /I Ó flY" rT c¡) u l, o oS'!" 9/7/ ¿) Assessor's Parcel Number (Required): SÙ--':::;, ,;/g¿¡, 03, ('JD Zone: f?3 \ I mSTORIC/LANDMARK INFORMATION 1\ Is the site designated as Historic? @ I7pp/¡'rré If yes, where? Local State ['Jational Date of Designation: 11·/7 - c2Öû~ Is the site on the Local Register Listing? Ú/~ #6d. If yes, Date of Listing: /1- 19 2õZJd \1 PROPOSEDSTRUCTUREnMPROVEMENT II The goal of the Mills Act Program is to encourage the use, maintenance, and restoration of historical properties and retain their characteristics as properties of historical significance, Please list restoration Improvements, either specific or general, that you/the owner intend to carry out to aChieve/maintain the goal of the Mills Act Program. (Attach a separate sheet if necessary) ........;yjji ""'1 . ';~Pi~~J" ~f _________m_~.",..,,-"-'''~!!!'''' .:.,.::",.,:......':<" . 435 "E" Street ATIACHMENT6(lof2)