HomeMy WebLinkAbout08-213 - Resolutions RESOLUTION NO. 08-213
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA,APPROVING THE MILLS
ACT APPLICATION DRC2008-00661, A REQUEST TO
IMPLEMENT THE USE OF THE MILLS ACT TO REDUCE
PROPERTY TAX FOR THE ADAMS HOUSE, A HISTORIC
PROPERTY, LOCATED AT 7914 ALTA CUESTA DRIVE — APN:
0207-073-09
A. RECITALS.
(i) The Mills Act, beginning at Section 50280 of the Government Code, authorizes
the City of Rancho Cucamonga to enter into a contract with the owners or the
agent of an owner, of any qualified historical property to restrict the use of the
property in a manner which the City Council deems reasonable to carry out the
purposes of the Mills Act.
(ii) Section 50280.1 of the Government Code provides that a qualified historical
property includes any privately owned property which is not exempt from property
taxation and is listed in the City's official register of historical or architecturally
significant sites, places, or landmarks.
(iii)The property located at 7914 Alta Cuesta Drive, in the City of Rancho
Cucamonga, County of San Bernardino, State of California, identified by San
Bernardino County Assessor's Parcel Number(s) 0207-073-09 and more
particularly and legally described in Attachment "A" and incorporated herein by
reference (the "Property') has been designated as Historic Landmark
Designation No. 29 by City Council Resolution, No. 88-288 on May 4, 1988, is
listed on the City's current register of approved historic landmarks, and is not
exempt from property taxation. The Property therefore meets all the criteria
necessary to be deemed a qualified historical property under the Mills Act.
(iv)The owners of the property are Michael J. and Margaret A. Vizio (the"Owners").
(v) The Owners of the Property have applied to the City for a Mills Act contract.
(vi)Both the Owners and the City desire to enter into a Mills Act contract to protect
and preserve, and when necessary, restore and rehabilitate the Property so that
it retains its historical and cultural significance.
(vii) The proposed Mills Act contract meets the requirements outlined in Sections
50281 and 50282 of the Government Code.
Resolution No. 08-213
Page 2 of 16
B., RESOLUTION.
NOW, THEREFORE, the City Council of Rancho Cucamonga does hereby find,
determine, and resolve as follows:
1. This Council hereby specifically finds that the facts set forth in the Recitals, Part
A, of this Resolution are true and correct.
2. This Council hereby approves the Mills Act Contract attached hereto as
Attachment "B" and incorporated herein by this reference.
3. The City Clerk shall certify to the adoption of this Resolution.
Please see the following page
for formal adoption,certification and signatures
Resolution No. 08-213
Page 3 of 16
PASSED, APPROVED, AND ADOPTED this 5th day of November 2008.
AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
V
Donald J. Kurth, M.D�Mayor
ATTEST:
C414" W
atl�ryn L. 9cott, CIVIC, Acting City Clerk
I, KATHRYN L. SCOTT, ACTING CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted
by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City
Council held on the 5t day of November 2008.
Executed this 6`h day of November 2008, at Rancho Cucamonga, California.
C jkt�� �y a#
KatliBryn L. colt, CMC, Acting City Clerk
Resolution No. 08-213
Page 4 of 16
ATTACHMENT "A"
Legal Description of Property Subject to Mills Act Contract
7914 Alta Cuesta Drive
Rancho Cucamonga, CA 91730
TRACT NO 2386 LOTS 7 AND 8 AND PTN LOT 1 EX BEG AT SW COR TH N ALG W LI SD LOT
55 FT TH NELY TO PT OF INTERSECTION OF N LI LOT 6 WITH NE LI LOT 1 TH SELY ALG NE
LI LOT 1 50 FT TO PT OF INTERSECTION OF N LI LOT 1 TH S ALG E LI LOT 1 TO SE COR TH
W ALG S LI LOT 1 TO POB EX MINERAL RIGHTS WOSE
Resolution No. 08-213
Page 5 of 16
RECORDING REQUESTED BY-
and when
RECORDED MAIL TO:
City Clerk, City of Rancho Cucamonga
P.O. Box 807
Rancho Cucamonga, CA 91729
HISTORIC PROPERTY PRESERVATION AGREEMENT
THIS AGREEMENT is made and entered into this 5th day of November,2008, by and between
the CITY OF RANCHO CUCAMONGA, a municipal corporation (hereinafter referred to as the "City") and
Michael J. Vizio and Margaret A. Vizio, (hereinafter referred to as the"Owners").
WITNESSETH :
A. Recitals.
(i) California Government Code Section 50280,et seq.authorize cities to enter into contracts
with the Owners of qualified Historical Property to provide for the use, maintenance and restoration of such
Historical Property so as to retain its characteristics as property of historical significance;
(ii) Owner possesses fee title in and to that certain real property, together with associated
structures and improvements thereon, commonly known as the Adams House and generally located at the
street address 7914 Alta Cuesta Drive, Rancho Cucamonga, CA 91730 (hereinafter such property shall be
referred to as the"Historic Property"). A legal description of the Historic Property is attached hereto,marked
as Exhibit"A" and is incorporated herein by this reference;
(iii) On May 4, 1988,the City Council of the City of Rancho Cucamonga adopted its Resolution
No. 88-288 thereby declaring and designating the Historic Property as a historic landmark pursuant to the
terms and provisions of Chapter 2.24 of the Rancho Cucamonga Municipal Code; and,
(iv) 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 Historic Property and to qualify the
Historic Property for an assessment of valuation pursuant to the Provisions of Chapter 3,of Part 2,of Division
1 of the California Revenue and Taxation Code.
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ATTACHMENT B
Council Report 11/05/08
Resolution No. 08-213
Page 6 of 16
B. Agreement
NOW,THEREFORE,City and Owner, in consideration of the mutual covenants and conditions
set forth herein, do hereby agree as follows:
1. Effective Date and Term of Agreement. This Agreement shall be effective and commence
on November 5. 2008, and shall remain in effect for a term of ten years thereafter. Each year upon the
anniversary of the effective date, such initial term will automatically be extended as provided in paragraph 2,
below.
2. Renewal. Each year on the anniversary of the effective date of this Agreement
(hereinafter referred to as 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 the Agreement,Owner or City shall serve written notice of non-renewal of the Agreement 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 90 days prior to the annual renewal date, or served by City to-Owner at least 60 days
prior to the annual renewal date, one year shall automatically be added to the term of the Agreement as
provided herein. 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 to Owner of non-renewal. If either City or Owner serves
notice to the other 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.
3. Standards for Historical Property. During the term of this Agreement,the Historic Property
shall be subject to the following conditions, requirements, and restrictions:
a. Owner shall preserve and maintain the characteristics of historical significance of
the Historic Property. Attached hereto, marked as Exhibit"B,"and incorporated herein by this reference, is a
list of those minimum standards and conditions for maintenance, use, and preservation of the Historic
Property,which shall apply to such property throughout the term of this Agreement.
b. Owner shall,where necessary,restore and rehabilitate the property according to the
rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation
and in accordance with the attached schedule of potential home improvements,drafted by the applicant and
approved by the City Council, attached hereto as Exhibit"C."
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Resolution No. 08-213
Page 7 of 16
C. Owner shall allow reasonable periodic examinations, by prior appointment, of the
interior and exterior of the Historic Property by representatives of the County Assessor, State Department of
Parks and Recreation, State Board of Equalization,and the City, as may be necessary to determine Owner's
compliance with the terms and provisions of this Agreement.
4. Provision of Information of Corporation. Owner hereby agrees to furnish City with any and
all information requested by the City which may be necessary or advisable to determine compliance with the
terms and provisions of this Agreement.
5. Cancellation. City, following a duly noticed public hearing as set forth in California
Government Code Sections 50280,at seq., may cancel this Agreement if it determines that Owner breached
any of the conditions of this Agreement or has allowed the property to deteriorate to the point that it no longer
meets the standards for a qualified historic property. City may also cancel this Agreement if it determines that
the Owner has failed to restore or rehabilitate the property in the manner specified in subparagraph 3(b)of this
Agreement. In the event of cancellation,Owner maybe subject to payment of those cancellation fees set forth
in California Government Code Sections 50280, at seq.
6. Enforcement of Agreement. In lieu of and/or in addition to any provisions to cancel the
Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of this
Agreement. In the event of a default,under the provisions of this Agreement by Owner, City shall 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 30 days thereafter, or if not
corrected within such a reasonable time as may be required to cure the breach or default if said breach or
default cannot be cured within 30 days(provided that acts to cure the breach or default may be commenced
within 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 the 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 at law or in equity which are not otherwise provided for in this Agreement or in
City's regulations governing historic properties are available to the City to pursue in the event that there is a
breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed
to be a waiver of any other subsequent breach thereof or default herein under.
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Resolution No. 08-213
Page 8 of 16
7. Binding Effect of Agreement. The Owner hereby subjects the Historic Property described
in Exhibit"A"hereto 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 Property. Each and 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 covenants,reservations,
and restrictions expressed in this Agreement regardless of whether such covenants, reservations, and
restrictions 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 Property 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 historic characteristics and significance of the Historic Property for
the benefit of the public and Owner.
8. 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
the parties hereto.
To City: City of Rancho Cucamonga
10500 Civic Center Drive
P.O. Box 807
Rancho Cucamonga, CA 91729
Attention: Planning Director
To Owner: Michael J.Vizio and Margaret A. Vizio
7914 Alta Cuesta Drive
Rancho Cucamonga, CA 91730
9. 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.
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Resolution No. 08-213
Page 9 of 16
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 or operations of Owner or those of -zx
his contractor, subcontractor, agent, employee or other person acting on his behalf which relates to the use,
operation,and maintehance of the Historic Property. Owner hereby 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, reason of Owner's activities in connection with the Historic Property. 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 Property.
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 Historic
Property, whether by operation of law or in any manner whatsoever.
d. 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.
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.
f. This Agreement shall be construed and governed in accordance with the laws of the
State of California.
10. Recordation. No later than 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 San Bernardino. The Owner shall be responsible for any fees required by the County for recording
this Agreement.
11. Amendments. This Agreement may be amended, in whole or in part, only by a written
recorded instrument executed by the parties hereto.
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Resolution No. 08-213
Page 10 of 16
IN WITNESS WHEREOF, City and Owner have executed this Agreement on the day and year
first written.above:
CITY OF RANCHO CUCAMONGA
Dated: By:
Donald J. Kurth, Mayor
Dated: By:
Michael J.Vizio, Owner
Dated: By:
Margaret A. Vizio, Owner
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Resolution No. 08-213
Page 11 of 16
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN BERNARDINO )
On Kathy Scott,Assistant City Clerk of the City of Rancho Cucamonga,
personally appeared DONALD J.KURTH, personally know to me to be the person whose name is subscribed,
to within instrument and acknowledged to me that he executed the same in his authorized capacity, and that
by his signature on the instrument,the person or the entity upon behalf of which the person acted,executed
the instrument.
WITNESS my hand and official seal.
Kathy Scott
Assistant City Clerk
City of Rancho Cucamonga
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Resolution No. 08-213
Page 12 of 16
STATE OF CALIFORNIA )
)ss.
COUNTY OF SAN BERNARDINO )
On the_day of 2008, before me Notary Public,
personally appeared. , personally known to me or proved to on the basis.of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and the 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.
WITNESS my hand and official seal.
Notary Public in and for said State
STATE OF CALIFORNIA )
)ss.
COUNTY OF SAN BERNARDINO )
On the_day of , 2008, before me Notary Public,
personally appeared personally known to me or proved to on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and the 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.
WITNESS my hand and official seal.
Notary Public in and for said State
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Resolution No. 08-213
Page 13 of 16
LEGAL DESCRIPTION
for
Adams House
7914 Alta Cuesta Drive
Rancho Cucamonga, CA 91730
TRACT NO 2386 LOTS 7 AND 8 AND PTN LOT 1 EX BEG AT SW COR TH N ALG W LI
SD LOT 55 FT TH NELY TO PT OF INTERSECTION OF N LI LOT 6 WITH NE LI LOT 1
TH SELY ALG NE LI LOT 1 50 FT TO PT OF INTERSECTION OF N LI LOT 1 TH S ALG
E LI LOT 1 TO SE COR TH W ALG S LI LOT 1 TO POB EX MINERAL RIGHTS WOSE
Exhibit"A"
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Resolution No. 08-213
Page 14 of 16
THE SECRETARY OF INTERIOR'S REHABILITATION STANDARDS
1. Every reasonable effort shall be made to provide a compatible use for a property that requires minimal
alteration of the building, structure, or site, and its environment, or to the use of 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 historical 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 which
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.
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,wherever 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 historical,
physical, or pictorial evidence, rather than on conjectural designs or the availability of different
architectural elements from other buildings or structures.
7. The surface cleaning of structures shall be undertaken with the most gentle 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 preserve archaeological resources affected by,or
adjacent to, any acquisition, protection, stabilization, preservation, rehabilitation, restoration, or
reconstruction project.
9. Contemporary design for alteration and additions to existing properties shall not be discouraged when
such alterations and additions do not destroy significant historic,architectural,or cultural material and
such design is compatible with the 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 were to be removed in the future, the essential form and integrity of the
structure would be unimpaired.
Exhibit"B-1"
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Resolution No. 08-213
Page 15 of 16
PROPERTY MAINTENANCE
Property Maintenance. All buildings, structures,yards and other improvements shall be maintained in a
manner which does not detract from the appearance of the immediate neighborhood. The following conditions
are prohibited:
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, refrigerators,cans, containers, or similar items;
4. Stagnant water or excavations, including pools or spas;
5. Any device, decoration, design, structure or vegetation which is unsightly by reason of its height,
condition or its inappropriate location.
EXHIBIT"B-2"
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Resolution No. 08-213
Page 16 of 16
STRUCTURAL/PROPERTY TEN-YEAR REHABILITATION TIMELINE
For
Adams House
7914 Alta Cuesta Drive
Rancho Cucamonga, CA 91730
The following is a list of renovation projects the applicant plans to complete. Future projects proposed by the
applicant or by the legal inheritors of this contract will be reviewed by the Historic Preservation Commission's staff.
ITEM YEAR TASK
1. 2007 New wiring and plumbing. Restore original hardwood floors and remove and replace interior
hardware and lights with period reproductions. Paint interior and exterior. Repair fireplace.
2. 2008 Install period correct exterior awnings. Install screens. Repair patio slab and paint.
3. 2009 Remove paint from original hardware. Remove and replace exterior fence.
4. 2010 Repair and replace garage windows and doors. Add lighting to north exterior. Add wrought iron
front gate.
5. 2011 Remove and replace fence on north and back sides. Replace landscape and improve irrigation.
6. 2012 Repair driveway and add lighting to driveway area. Replace fencing on the south side.
7. 2013 Replace ac/heater. Have arborist trim 70 year old trees per schedule.
8. 2014 Improve front parking pad. Replace/repair original parlor and living room windows and doors.
9 2015 Replace carpet in master bedroom and guest bedroom with hardwood.
10. 2016 Replace/repair exterior walkways and adobe bricks in patio. Refinish hardwood floors per
schedule.
11. 2017 Check roof for defects and repaint interior and exterior.
EXHIBIT"C"
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