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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. -1- 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." -2- 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. -3- 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. -4- 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. -5- 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 -6- 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 -7- 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 -8- 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" -9- 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" -10- 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" -11- 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" -12-