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HomeMy WebLinkAbout1992/09/08 - Agenda Packet CITY OF RANCHO CUCAMONGA HISTORIC PRESERVATION COMMISSION f AGENDA TUESDAY September 8, 1992 5:00 P.M. RANCHO CUCAMONGA CIVIC CENTER 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA ACTION 5:00 PM I. Pledge of Allegiance II. Roll Call Commissioner Arner X Vice-Chair Haskvitz X Chairman Banks X Commissioner Schmidt X Commissioner Billings A Commissioner Tessier X Commissioner Cooper X III. Approval of Minutes APPROVED 5•-0-1-1 August 25, 1992 (Special Meeting) (Haskvitz abstain) IV. Old Business New names added - Comm., to prioritize SETTING PRIORITY INTERVIEWS FOR THE CITY'S ORAL HISTORY PROGRAM & ret=urn to staff. V. New Business APPROVED REVIEW OF MILLS ACT APPLICATION FOR THE WARREN-THORPE HOUSE, 6-0-1 LOCATED AT 6112 HELLMAN AVENUE - APN: 1062-381-05 VI. Commission Business Update given HISTORICAL STATUS UPDATE ON THE GILBERT HOUSE, LOCATED AT 7418 ARCHIBALD - APN: 208-031-058 - Oral Report VII. Announcements None VIII. Public Comments This is the time and place for the general public to address the Commission. Items to be discussed here are those which do not already appear on this agenda. 6:00 PM I%. Adjournment i$ CITY OF RANCHO CUCAMONGA HISTORIC PRESERVATION COMMISSION AGENDA TUESDAY September. 8, 1992 5:00 P.M. RANCHO CUCAMONGA CIVIC CENTER 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA _ACTLON 5:00 PM I. Pledge of Allegiance II. Roll Call Commissioner Arner X Vice-Chair Haskvitz X Chairman Banks X Commissioner Schmidt X Commissioner Billings A Commissioner Tessier X Commissioner Cooper X_ III. Approval of Minutes APPROVED 5-0-1-1 August 25, 1992 (Special Meeting) (Haskvitz abstain) IV. Old Business New 'names added - Comm. to prioritize SETTING PRIORITY INTERVIEWS FOR THE CITY'S ORAL HISTORY PROGRAM & return to staff. V. New Business APPROVED 6-0-1 REVIEW OF MILLS ACT APPLICATION FOR THE WARREN-THORPE HOUSE, LOCATED AT 6112 HELLMAN AVENUE - APN: 1062-381-05 VI. Commission Business Update given HISTORICAL STATUS UPDATE ON THE GILBERT HOUSE, LOCATED AT 7418 ARCHIBALD - APN: 208-031-058 - Oral Report VII. Announcements None VIII. Public Comments This is the time and place for the general public to address the Commission. Items to be discussed here are those which do not already appear on this agenda. 6:00 PM IB. Adjournment 0 CITY OF RANCHO CUCAMONGA HISTORIC PRESERVATION COMMISSION AGENDA TUESDAY September 8, 1992 5:00 P.M. RANCHO CUCAMONGA CIVIC CENTER 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA I. Pledge of Allegiance II. Roll Call Commissioner Arner �'f Vice-Chair Haskvitz V Chairman Banks `.`'_ Commissioner Schmidt , Commissioner Billings Commissioner Tessier Commissioner Cooper ! LH A f o r 0 k�e_�- III. Approval of Minutes August 25, 1992 (Special Meeting) IV. Old Business ( 0y" 1 SETTING PRIORITY INTERVIEWS FOR THE CITY'S ORAL HISTORY PROGRAM 4-'•t 5-b%SC V. New Business REVIEW OF MILLS ACT APPLICATION FOR THE WARREN-THORPE HOUSE, LOCATED AT 6112 HELLMAN AVENUE - APN: 1062-381-05 1 VI. Commission Business rr C' X .i1 e wr f Y HISTORICAL STATUS UPDATE ON THE GILBERT HOUSE, LOCATED AT 18 ARCHIBALD - APN: 208-031-058 - Oral Report VII. Announcements VIII. Public Comments `\ This is the time and place for the general public to address the Commission. Items to be discussed here are those which do not already appear on this agenda. C� I%. Adjournment CITY OF RANCHO CUCAMONGA HISTORIC PRESERVATION COMMISSION MINUTES Special Meeting August 25, 1992 Chairman Marsha Banks called the special meeting of the City of Rancho Cucamonga Historic Preservation Commission to order at 5:00 p.m. The meeting was held in the Council Chamber at Rancho Cucamonga Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Chairman Banks then led the pledge of allegiance. ROLL CALL COMMISSIONERS: PRESENT: Melicent Arner, Marsha Banks, Gene Billings, Ada Cooper, Bob Schmidt, Anne Tessier COMMISSIONERS: ABSENT: Alan Haskvitz STAFF PRESENT: Barrye Hanson, Sr. Civil Engineer, Anthea Hartig, Associate Planner; Larry Henderson, Principal Planner; Scott Murphy, Associate Planner; Shelley Petrelli, Secretary PUBLIC HEARING A. CONSIDERATION OF A CHANGE OF THE HISTORIC STATUS AND APPLICATIONS FOR HISTORIC POINT OF INTEREST OR LANDMARK DESIGNATION FILED BY THE HISTORIC PRESERVATION COMMISSION, CONSIDERATION OF A DEMOLITION REQUEST BY THE PROPERTY OWNER, AND THE POSSIBLE ESTABLISHMENT OF MITIGATION MEASURES THEREIN FOR THE PEARSON/STEVENS FILLING STATION AND GARAGE, LOCATED AT THE NORTHEAST CORNER OF ETIWANDA AVENUE AND FOOTHILL BOULEVARD - APN: 1100-161-02 - Consideration and determination of the historic status, application for Point of Interest or Landmark Designation, range of appropriate project alternatives, and level of appropriate mitigations for the partial demolition of the structure. The actions and recommendations include the following: Landmark status, Point of Interest status, other project alternatives, and/or mitigation measures prior to demolition. Anthea Hartig, Associate Planner, presented the staff report. Commissioner Tessier asked if the traffic signals were already located in the ultimate location. HPC MINUTES -1- August 25, 1992 Scott Murphy, Associate Planner, replied that temporary signals had been installed approximately half-way between where the signals used to be and where they would be located ultimately. Chairman Banks asked for clarification on the concern regarding endangerment of pedestrians from traffic at the intersection of Etiwanda Avenue and Foothill Boulevard because there seems to be little, if any, pedestrian traffic at the location. Barrye Hanson, Sr. Civil Engineer, stated this is a concern the property owner brought up, but it had not yet been substantiated by the Engineering Division. Commissioner Cooper questioned why the improvements to the intersection would need to be completed prior to widening Foothill Boulevard. Mr. Hanson, stated that it is standard policy to finish off intersections at their ultimate location to ensure the hardware gets placed in the proper position. Chairman Banks opened the public hearing. Barry Vantiger, 2177 N. 1st Avenue, Upland, one of the property owners, stated that because of a series of events beyond their control (the development of Wal-Mart and the eventual widening of Foothill Boulevard), they feel they have been placed in a precarious position as far as development or demolition of the building on their property is concerned. He stated the property is currently in use as a commercial operation. He also commented that they eventually want to develop the property, but they cannot do anything until a flood control district is developed for the area. He remarked that they are in favor of demolition because they feel it will occur eventually to make room for the widening of Route 66 (Foothill Boulevard) . He stated he thought it would be better to remove the building now and reconstruct it later with new materials (restoring it to its original look) and that they would be willing to do that. Commissioner Schmidt asked if temporarily fencing the canopy with chain link fence would help the current traffic situation of cars cutting through the canopy. Mr. Vantiger responded it would restrict his current tenant's access to the building and it is only a temporary solution. Gary Womak, 5366 Evening Canyon Way, Rancho Cucamonga, real estate broker, stated he has been working with the Gemmel family on property during the rezoning from residential to commercial. He stated they favored the commercial zoning because the surrounding area is commercially zoned and they felt that residential zoning of their property was out of place. He further commented they felt pedestrian traffic would increase on the property when the new shopping center is complete which in turn would create a greater liability for them. He suggested leaving the building in tact, moving the canopy to the back of the building, and reconstructing the canopy later. He stated that, if HPC MINUTES -2- August 25, 1992 the property is developed eventually, they will incorporate the building into the development at the time. He said, with the canopy being in the way of the ultimate right-of-way, it will likely result in the cancellation of the owner's liability insurance which will then prohibit having a tenant in the building and result in a loss of income to the property owner. He commented they expected increased traffic in the area because of the shopping center and they would like to get the street and intersections widened now to accommodate that traffic. Chairman Banks asked if the owners of property have developed any concepts on what they will do with the property later. Mr. Womak stated that they had two or three preliminary site plans done when the property was rezoned and all of them utilized the building on the site. He stated buildings on corners have good visibility and he felt the building could be rehabilitated. Chairman Banks closed the public hearing. Commissioner Tessier said she thought moving the canopy to the back could work and it would keep the building in tact. Chairman Banks clarified that if the canopy were moved to a position that did not face Route 66, the building would no longer qualify for National Register status. She stated if the entire building and canopy were moved together directly north (facing Route 66) it would still qualify. Commissioner Arner stated she would not want the building to lose any of its authenticity. She also said she thought it could be a good tourist resource. Commissioner Billings stated he had concern over moving the building and asked if it could even be done. Larry Henderson, Principal Planner replied it was possible, but it would be very expensive. Commissioner Cooper commented she thought the street widening should be completed prior to altering the intersection. Chairman Banks stated she was pleased that the applicant recognized the structure as an historic structure and was considering incorporating it into some development on the property. She expressed that she thought a mutually acceptable solution could be worked out between the City and the applicant. She had spoken to some of the historical families in the Etiwanda area and she had been told of their involvement in the Route 66 celebration. She was also informed that this filling station was considered quite unique and special by Route 66 historians. She stated that it was her feeling the the station had significance, to both the City and the applicant, and wished to explore the possibility of obtaining National Register status. She remarked that adaptive reuse of the building was definitely possible. HPC MINUTES -3- August 25, 1992 MOTION: Moved by Schmidt, seconded by Arner, unanimously carried 6-0-1 , to recommend to City Council approval of Landmark Designation 92-02, the Pearson/Stevens Filling Station and Garage. Motion carried by the following vote: AYES: COMMISSIONERS: ARNER, BANKS, BILLINGS, COOPER, SCHMIDT, TESSIER NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: HASKVITZ -carried Commissioner Tessier asked what would happen if the signal poles were not moved now. Mr. Murphy stated that the Commission had the option of leaving the poles in the interim location and then, upon development of the property, relocating or moving the building when the poles are moved to their ultimate location. Mr. Henderson stated that leaving the poles in the interim location creates no changes in traffic, liability, etc. Commissioner Tessier asked if a temporary berm could be installed to discourage traffic from cutting through the property, via the canopy. Mr. Murphy stated an asphalt curbing could be installed temporarily to eliminate the traffic problem; it would also allow access to the tenant currently conducting business in the building. Chairman Banks asked who would be paying for the focused Environmental Impact Report (EIR) . Mr. Henderson replied that it would paid for either by the owner on the northeast corner or by Foothill Marketplace property owners. Chairman Banks commented that she did not want to back the current owners into a corner regarding paying for an EIR, etc. because they are not currently ready to develop the property. She felt improvements could wait until they were ready to develop. Commissioner Cooper asked if the insurance company would continue to provide coverage for the building if the ultimate street improvements were not made now. Mr. Henderson stated the City has received no documentation from the insurance company indicating they would cancel coverage. He remarked that fencing the property seemed to be a viable alternative because there is enough area on the site to accommodate circulation and access to the current tenant. He stated proper placement ' of gates would secure the property as well as eliminate the traffic problem. HPC MINUTES -4- August 25, 1992 Chairman Banks stated she thought two-sided fencing would work to eliminate the traffic also. Mr. Henderson said he did not think it has been demonstrated that demolition is the only alternative. He commented staff would like to see further studies done on the site. Commissioner Cooper asked if it was correct to assume that, if the signals were not moved now, Foothill Marketplace would not be paying for the street corner improvements when the are completed later and that owners of the filling station property would bare these costs totally. Mr. Henderson replied that was correct although the property owners would be responsible for certain development costs whenever they developed their property. He stated that currently Foothill Marketplace is paying for the signals, curbs, gutters, asphalt, etc. , and the filling station property owners would be responsible to pay to move the signals. Chairman Banks asked if Foothill Marketplace could set aside money in a trust and/or bond to be used later to move the signal. Mr. Henderson said that was possible. Barrye Hanson, Sr. Civil Engineer, stated that City policy has always been to have the developer pay for the total signal improvements and then reimburse them with money from the transportation fund. He stated most of the cost would be reimbursed to the developer. He further stated that in cases of property owner resistance, that particular property owner would then bare the cost of the improvements when they developed their property later. MOTION: Moved by Arner, seconded by Schmidt, unanimously carried 6-0-1, to recommend to City Council that the ultimate street signal configuration be delayed and remain in the interim location until the property owner on the northeast corner is ready to develop their property and, if Council does not wish to delay the ultimate location of the signals, that a focused Environmental Impact Report and various other studies be prepared regarding the impact on the historic status of the property. Motion carried by the following vote: AYES: COMMISSIONERS: ARNER, BANKS, BILLINGS, COOPER, SCHMIDT, TESSIER NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: HASKVITZ -carried HPC MINUTES -5- August 25, 1992 PUBLIC COMMENTS There were no public comments. Commissioner Cooper stated the Gilbert House on the west side Archibald Avenue, south of Base Line, is currently for sale and she was concerned because it has never been established as a landmark. Mr. Henderson stated that staff would check the historic site list and write a letter to the owner if it is on the list. He further stated the Commission would be updated on the results on the next agenda. ADJOURNMENT, The Historic Preservation Commission adjourned at 6:20 PM. Respectfully submitted, Shelley A. Petrelli Secretary HPC MINUTES -6- August 25, 1992 CITY OF RANCHO CUCAMONGA w� STAFF REPORT ' DATE: September 8, 1992 TO: Chairman and Members of the Historic Preservation Commission FROM: Larry J. Henderson, AICP, Principal Planner BY: Anthea M. Hartig, Associate Planner SUBJECT: SETTING PRIORITY INTERVIEWS FOR THE CITY'S ORAL HISTORY P ROG RAM BACKGROUND: As the Commission is aware, the first phase of our Oral History Program has been completed and has proven to be as successful as we had hoped. I have attached a letter from Dr. Knox Mellon, Mellon and Associates, to Mayor Dennis Stout which relays his favorable review of our program. While there is currently no direct funding from the City to continue systematically pursuing the program, specific sets of interviews tied to mitigation measures will be undertaken this year. Between the Masi Commerce Center and the Foothill Marketplace mitigations, a total of ten more interviews will be conducted over the next 12 months. These interviews will be conducted with members of the LaFourcade, Masi, Aggazzotti, Guidera, DiCarlo, Shairo, and Campanella families, among others, and together will provide an excellent understanding of southern Etiwanda's viticultural past. With the hope that funding will be made available in the future, staff has asked the Commission to analyze the existing Oral History List and make additions as well as suggestions for an interview prioritization. Staff has also been adding names of individuals that are recommended or discovered. Commissioners Cooper and Schmidt have thus far responded to staff's request and together we have added the following names to the list: Leroy Weller, son of Garret & Co. owner; Mr. & Mrs. Art Allen, Alta Loma, citrus; Albert Blessent, Cucamonga, peaches and other agriculture; Don and Dorothy Schowalter, Alta Loma, citrus; Henrietta Romulo, Cucamonga, viticulture; Nacho Gracia, Cucamonga, North Town community; Paul Leos, citrus; Peter Tolstoy, Alta Loma, Demens family/Russian settlers; Donald Galleano, Cucamonga/Mira Loma, viticulture; Virginia Cherbak Atkins, Alta Loma, Russian settlers; Ben Vizo, Cucamonga, mercantile community; Larry and Vera Ornelas, Cucamonga/Guasti, labor heritage; Paul Lucas, Cucamonga, Lucas Ranching Co. , peaches The Signorio Family Mary DiAmbrosio, Cucamonga, viticulture + A HPC STAFF REPORT ORAL HISTORY INTERVIEWS September 8, 1992 Page 2 Commissioners Cooper and Schmidt also highlighted a few individuals that, in their opinion, should be interviewed as soon as possible: from Commissioner Schmidt, they are Dan Milliken; Paul, Hofer Jr. ; James Frost; Nacho Gracia; and Peter Tolstoy; and from Commissioner Cooper, Paul Lucas. Together we can further discuss and evaluate the attached list at the meeting. Respectfully submitted, Larry J. Henderson, AICP Principal Planner LJH:AMH/jfs Attachments: Exhibit "HPC-1" - Letter from Mellon & Associates Exhibit "HPC-2" - Oral History Persons/Topics List A - 2 Historic Preseruotion 4631 ladera Ione Riverside, CA 92501 714.788-4084 Dr. Knox Mellon President �: August 17, 1992 AUG 191992 i8i9�tu�2�li2���5i Mayor Dennis L. Sto,it City of Rancho Cucamongn ! 10500 Civic Center Drtvr, P.O. R,?x 807 Rancho Cucamonga, CA 91729 Dear Mayor Stour- and City Councilmembers: More than a year -ago , the City of Rancho Cucamonga authorized a first phase oral. history project which had as its objective an examination of the area ' s citrus and vtt [rulture heritage . Twelve individuals with signiEtcant agricultural 1.Inks to Alta Loma, Cucamonga or Etiwanda were selected for in depth oral Interviews with the average age being 75. The twelve finished transcri.prs, numbering 475 pages produced an historical record that exceeded our expectations . In addition to agricultural endeavors , the glimpses of Past decades include descriptions of the natural and constructed laradsoipe , memories of friends and community , and interesting details of daily Life among families. Anyone, whether serious researcher or tnteresti>d citizen can now find in the City Archives a fascinating and colorful record of Rancho Cucamonga's grape and citrus past . Mellon and Associates is proud to have participated in this unique project . It is certainly our beltef that Rancho Cucamonga demonstrated great foresight in efforts to document its past . It was clear to us that the individuals Interviewed contained collectively a great deal of information whioli were it not for the tape recorder would have been irretrievably lost . Congratulations for caring about your heritage. Future generations will remain In your debt . Vr--ry sincerely, Knox Melton Altene Archibald cc : Jack Iam, Ctty Manager Larry (lender--son Anthea Rartlg RAFT rOR DISCUSSION 011PPOSES ONI-Y O RAL H= STORY PERSONS \ TOP= CS L = S T NAMETOPIC A/C/E 19_ Evt/Per/P1 . NOM. PHONE# � I 1 =jArt =Bridge 'A/ Managed Hamilton Ranch JEB 2 Ada Cooper C/ Lucas Ranch - Old Cucamonga JEB I 3 'Gene Billings A/ Old Alta Loma - Fire Dept . EB ( �� 4 Bob Hickcox E/ Etiwanda Water Co . EB 5 ILaurel Hawker A/C/E Alta Loma School Attendee EB 6 Elmer&Lawrence Mueller E/ MB I I 11 7 IFlora Hoppe Okane E/ Born & raised on Hoppe Tree Farm `MB I II i 8 Marie Gricko AC II ]j� Elizabeth Whitson AC SO Mrs . Beekman (IWQS �MMO�� �3ar 5 J� baM cu AC it Ca �bM � -f(xrs Dvl �IrGLLi �G?GL(�{ �t1G . ( 11 ( Barbara Owings IC/ Father was the town . barber AC 112 Eunice Lewis AC 11 13 ILoucilkMurray I AC I I� i 14 Barbara Anderson C/ First Miss Cucamonga AC I 15 IStearling Kincade AC I I' ij � 16 Dan Milliken C/ Grape Industry Expert AC n 17 IPaul Hofer C/ Grape Industry Expert AC I i 1118 jBob DebarLgrld AC I19 Mrs . Robt . Williams E/ BH iE Mrs . J.M. Wilson E/ (J . H. Scott Pioneer) BH I 21 Mr . Terry Frost E/ ( Geo Frost Pioneer) JBH 22 Mr . James Frost E/ (Geo Frost Pioneer) BH f23 lRay Henderson E/ Henderson' s Pioneer Family) BH } 24 Ken Perdew E/ (Perdew' s Pioneer Family) BH I25 J. L . Perdew JE/ (Perdew' s Pioneer Family) JBH ` BH I�26 `Mr . &Mrs . L . Mueller E/ (Mueller1r ' s Pioneer Family) l ✓a v"1 A a t'OR DISCU: ON PURPOSES ONLY ORAL H2 STORY PERSONS \ TOP= CS L31 !S T Page 2 of 2 . # INAME TOPIC A/C/E 19_ Evt/Per/P1 . NOM. PHONE# I27 IMrs. T. Harne E/ (Mueller-Price-Hoppe Pioneers)__ JBH ! 28 Mrs. F. O ' Kane E/ (Mueller- Price-Hoppe Pioneers) BH it -1I29 IMrs . James Clark JE/ (Johnston-Pearson Pioneers) BH f130 A.W. Mc Guire IE/ Former Constable BH I I31 Mrs. Bonanno E/ Early Grape Growers BH 32 Mrs. N. Swaithes " 1133 MrsW. Blair I . i •I 34 Mr. V. Di Carlo 35 Mr . J. Guiders GW;4era Vtccl6o oJ4-w ' ! 36 Mr. David Trujillo E/ Families from Mexico -Grape Workers " ! 37 Mr . Tony Bermudez 38 Mrs . Dorothy Hickcox E/Principal&Teacher Etiwanda/Cuc. Sc " 39. Lyn A.t A4fer 5w cc} Ifxt� n J Lo.s �. 806- 1 Arta Lo VVIn. 1141. I A I bent B(tsSewt p�eac s—Cuca►n.o �. I 142. -Doh-vvr 4(-X Le vv,,A I I L�-3. �keh rle� i�u.l.o W i�-►ma k,' — Cuca.w�,D a !�F. V1uchc el raffia` AVr4l-Tow- II � o fshD-Q mvvts c�.inti-� ► '� -7. t7o n a(d (! rMt ,ea.r o wi r j--VoLa ka r �hw aub w BRI" V; L �'s1• ' a4 *vu La 6&r S Gu mti CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: September 8, 1992 TO: Chairman and Members of the Historic Preservation Commission FROM: Larry J. Henderson, AICP, Principal Planner BY: Anthea M. Hartig, Associate Planner SUBJECT: MILLS ACT CONTRACT 92-01 - ALBERT SENA - A review of a request to enter into a Mills Act Contract for the Warren/Thorpe House site, a Designated Local Landmark, located at 6112 Hellman Avenue, Rancho Cucamonga, California. BACIMRDDND AND ANALYSIS In late July of this year, Mr. Albert Sena submitted to staff an application for a Mills Act property agreement and contract with the City. Mr. Sena has been carefully restoring the Warren/Thorpe House, a very significant community resource, and plans on continuing his detailed and fine work. The City Council designated the structure known as the Warren/Thorpe House as a local Landmark on October 21 , 1987. The home was built prior to 1891 when investor W.C. James purchased the 20 acres on the southwest corner of Banyan Street and Hellman Avenue from D.A. Kughen. During that time, the Warren family had rented the house while Captain Warren oversaw the planting of the Huber family's citrus ranch. When Charles F. Thorpe brought his family to California from Michigan in 1895, he purchased a number of properties, including this property in what was then Ioamosa Community. While the Thorpe family waited for their new home to be built in the fashionable West Adams district of Los Angeles, they lived in this house where their daughter Mildred was born in 1900. Deciding not to leave the rural atmosphere of Ioamosa, the Thorpe's never moved to Los Angeles and built probably the most architecturally captivating home in the community just south of their corner home on Hellman Avenue. That house, sold to the Goerlitz family in 1910, still stands as does the last house the Thorpe's built on their 285 acre citrus ranch near the northeast corner of Wilson Avenue and Amethyst Street. Long thought to be unique because of its block construction, the Warren/Thorpe house is perhaps even more historically interesting because its exterior plays an architectural trick on viewers. The house is constructed of native stone, with 24-inch thick basement walls upon which 20-inch thick structural walls rise. These exterior walls were originally coated with a cement coating which was then scored to give the appearance of block. Such masking of materials was more common on the Eastern seaboard, and this house stands as the only regional example of this type of faux finishing of which staff is aware. C YV\ HISTORIC PRESERVATION STAFF REPORT MILLS ACT CONTRACT 92-01 - A. SENA September 8, 1992 Page 2 Based upon meetings with Mr. Sena, site visits to the historic home, and a careful review of the proposed improvements for the property, staff finds that approving the request for a Mills Act Contract meets our objectives of providing incentives for owners truly interested in the long-term preservation of our cultural resources. The use of the Mills Act as a preservation incentive has been in place since 1988, and this contract if approved would be the City's fourth. Staff appreciates your reviewing the attached contract, especially Exhibit "C", "Potential Home Improvements". After the Commission has found the contract acceptable, it will be forwarded to the City Council. I have tentatively scheduled this item on the October 7, 1992 agenda. RSCOHMENDATION Staff recommends that through minute action, the Commission forward their recommendation that the City Council approve Mr. Sena's request for a Mills Act property agreement and contract with the City for the Warren/Thorpe House in order to reduce the property tax on this historic property. Respectfully submitted, Larry J. Henderson, AICP Principal Planner LJH:AH:mlg Attachments: Draft of Historic Property Preservation Agreement with Exhibits 1� RECORDING REQUESTED BY and when RECORDED MAIL TO: City Clerk, City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA 91729 HISTORIC PROPERTY PIMSMMATION AGRMXMiT THIS AGREEMENT is made and entered into this 7th day of October, 1992, by and between the CITY OF RANCHO CUCAMONGA, a municipal corporation (hereinafter referred to as the "City") and Mr. Albert Sena (hereinafter referred to as the "Owner") . W I T N E S S E T H 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 -1- as the Warren/Thorpe House and generally located at the street address 6112 Hellman Avenue, Rancho Cucamonga, CA 91701 (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 October 21, 1987, the City Council of the City of Rancho Cucamonga adopted its Resolution No. 87-567 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. 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 October 7, 1992, and shall remain in effect for a term of ten ( 10) 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 nonrenewal 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 nonrenewal 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 ninety (90) days prior to the annual renewal date, or served by City -2- rg —4 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. 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 nonrenewal. If either City or Owner serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards 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". 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. -3- 5. 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 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 may be subject to payment of those cancellation fees set forth in California Government Code Sections 50280, et 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 thirty (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 thirty (30) days (provided that acts to cure the breach or default may 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 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 hereinunder. -4- IS- 10 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: City Planner To Owner: Albert Sena 6112 Hellman Avenue Rancho Cucamonga, CA 91701 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. 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 his contractor, subcontractor, agent, employee or other person acting on his behalf which relates to the use, operation, and maintenance 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 enforice 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. -6- �—q 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 twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of San Bernardino. 11. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. IN WI[TNBSS MMWOF, City and Owner have executed this Agreement on the day and year first written above. CITY OF RANCHO CUCAMONGA Dated: By: Dennis L. Stout, Mayor Dated: By: Owner STATE OF CALIFORNIA ) ss. COUNTY OF SAN BERNARDINO ) On this day of , 1992, before me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be the Mayor of the City of Rancho Cucamonga, a municipal corporation, and , known to me to be the City Clerk of the City of Rancho Cucamonga, a municipal corporation, and said persons are known to me to be the persons who execute the within instrument on behalf of the City of Rancho Cucamonga and acknowledged to me that the City of Rancho Cucamonga executed the same. WITNEW my hand and official seal. Notary Public in and for said State STATE OF CALIFORNIA ) ss. COUNTY OF SAN BERNARDINO ) On before me, the undersigned, a Notary Public in and for said State, personally appeared , known to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that executed the same. WITNESS my hand and official seal. Notary Public in and for said State -8- eB — ) � LEGAL DESCRIPTION for 6112 Hellman Avenue, Rancho Cucamonga, CA 91701 CUCAMONGA HOMESTEAD ASSN N 89 FT E 257 .04 FT LOT 1 BLK 11 EX E 33 FT FOR ST EXHIBIT "A" 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 original 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 gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and 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 poslible 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. BXHIBIT 'B' 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. =HIBIT 'B-1' � _ 13 POTENTIAL HOME IMPROVEMENTS for the Warren-Thorpe House, a Historic Property, Located at 6112 Hellman Avenue, Rancho Cucamonga, California 91701 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 TASK 1 . Rebuild doors and add one bay to the carriage house/garage . 2 . Complete restoration of front porch. 3 . Remodel/restore bathroom. 4 . Windows and Doors : repair and re-screen wooden windows; replace front door; add screens to both front and rear doors; repair/restore window transoms above front door. 5 . Front porch: add tounge and groove ceiling; sand and paint deck. 6 . Roof : add cresting and cupola, if latter is historically accurate . 7 . Interior finishing: remove existing carpet and refinish oak flooring; complete cabinetry work in kitchen; eliminate existing acoustic ceiling and restore to original condition; paint and add wains- coting to walls . 8 . Grounds : add detached gazebo; complete fencing; pave driveway off of Banyan Street; continue front and rear yard landscaping and add walkways . EXHIBIT "C"