HomeMy WebLinkAbout06 MILLS ACT PROGRAM 06-16-97NO. 6
6-16-97
DATE:
JUNE 16, 1997
Inter-Com
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: COM/4I/NITY DEVELOPMENT DEPARTMENT
SUBJECT: IMPLEMENTATION OF A MILLS ACT PROGRAM
RECOMMENDATION
That the City Council adopt Resolution No. 97-50 authorizing the
implementation of a Mills Act Program in the City of Tustin add the
establishment of a policy for historic property preservation
agreements (Mills Act contracts).
FISCAL IMPACT
If all of the 185 A, B, and C-rated residential properties listed
in the City's Historical Resources Survey and located outside of a
redevelopment area participated in the Mills Act program, it is
estimated that the fiscal impact in the form of reduced property
tax revenue could range from $11,500 to $47,000 annually. This is
in addition to staff and City Attorney costs to develop and
administer the program.
City Council Report
Mills Act
June 16, 1997
Page 2
BACKGROUND AND DISCUSSION
On March 17, 1997, staff presented an informational report to the
City Council on the Mills Act and requested Council direction
regarding the implementation of a Mills Act program in Tustin. The
City Council directed staff to develop a resolution for their
consideration and to take the necessary steps, to implement a Mills
Act program in Tustin.
The City Council also provided the following specific direction:
1)
That the Mills Act program in Tustin be made available to the
owners of residential properties with an "A" "B" "C"
, , or
rating in the Tustin Historical Resources Survey.
2)
That commercial properties be excluded because they are
eligible for other programs such as the Commercial
Rehabilitation program.
3)
That the Mills Act would not apply in Tustin's Redevelopment
areas because implementation of the Mills Act in redevelopment
areas would directly impact the Redevelopment Agency.
Adopted by the California Legislature in 1976, the Mills Act gives
local governments the authority to grant property, tax relief to
owners of qualified historic properties, including owner-occupied
single family residences and income producing properties.-- In
exchange for this' relief, the property owners must agree by
contract (a Mills Act contract) to maintain the properties in
accordance with specific historic preservation standards and
conditions.
Ail properties that are assessed property taxes and listed on an
historic register or survey are potentially eligible to participate
in a Mills Act program.
Mills Act Contract Provisions
Attachment A of this report is a draft historic property
preservation agreement (Mills Act contract) prepared by the City
Attorney and the Community Development Department. This draft
agreement is representative~of the historic property'preservation.
agreements that would be considered by the Council on a case by
case basis as individual requests for participation in the Mills
Act.program are received. Each executed agreement likely would
have slight variations, and each would need to be approved by the
adoption of a City Council reSolution.
City Council Report
Mills Act
June 16, 1997
Page 3
The draft .agreement contains all of the contract provisions
required by State law. These provisions are discussed below. As
requirements of State law, these provisions may not be modified bY
the City. However, the optional provisions discussed later in this
report would be included in an agreement at the discretion of the
City Council.
Required Mills Act Contract Provisions
As noted in the draft agreement, the required minimum term of an
historic property preservation agreement (Mills Act contract) is
ten years. Each.year, the contract term is automatically extended
an additional year, unless terminated by the property owner or the
City of Tustin for any reason. If terminated without penalty, the
agreement would end at the end of the current ten year term. The
property owner is assessed a penalty of 12.5 percent of · the
property's full value at the time of cancellation if the contract
is canceled by'the property owner prior to the end of the ten year
period. However, there is no penalty for contract cancellation if
the City or other agency exercises eminent domain on the property,
or if the property is significantly damaged by an Act of God or
aCcidental cause, such as fire, flood or earthquake.
If the property is sold, the contract shall be binding upon.all
successors in interest to the owner, who shall have the same rights
and obligations 'under the contract as the original owner who
entered into the contract.
Pursuant to Section 50281 of the California Government Code, the
agreement provides for the preservation and maintenance of the
characteristics of historical significance of the qualified
historical property. Additional optional requirements' for
maintenance and rehabilitation are included as. optional provisions.
City staff would utilize the Secretary of the Interior's Standards
for Rehabilitation and the City of Tustin Residential Design
Guidelines in evaluating the preservation, maintenance and.
rehabilitation of the property.
The interior and exterior of the premises shall be made available
for periodic examinations, by prior appointment, by representatives
of the City, the County Assessor, the Department of Parks and
Recreation and the State Board of Equalization. Furthermore, to
ensure compliance with the terms and provisions, the agreement
includes a provision that requires the owner to furnish any
pertinent information needed by the City.
City Council Report
Mills ACt
June 16, 1997
Page 4
Optional Mills Act Contract Provisions
The draft agreement includes several optional provisions, most of
which are contained within Exhibit B of the agreement. The
provisions in Exhibit B are intended to be modified on a case by
.case basis to specifically identify pertinent items~
For example, Exhibit B of the agreement provides for the
restoration or rehabilitation of the property according to the U.S.
Secretary of the Interior's Standards for Rehabilitation, the State
Historical Building Code, and the regulations of the State Office
of Historic Preservation. In cases where a property is in
excellent condition, restoration and/or rehabilitation may not be
applicable.
Exhibit B also includes optional provisions for a photographic
portfolio, landscape and property maintenance, a schedule for
repairs and rehabilitation, maintained visibility, submission of an
annual report, and a prohibition on demolition.
The Mills Act allows local governments to collect a fee that does
not exceed the reasonable cost of administering the program. This
fee could be collected upon application submittal, once the
contract is executed, or at any other time. The draft agreement..
requires that the property owner pay a fee established by City.
Council resolution. Staff will be analyzing the administrative
costs associated with a Mills Act program and will prepare a
resolution for Council's consideration at a future date. Because
Mills Act assessments are made on an annual basis, executed
contracts must be. submitted to the County Assessor by January t for
tax benefits to take effect on July 1.
Scott Reekstin
Associate Planner
Elizabeth A. Binsack~
Director of Community
Development
Attachments:
Draft Historic Property Preservation Agreement
Resolution No. 97-50
SR: \millsact. sr2
WHEN RECORDED MAIL TO:
Director of Community Development
City of Tustin
300 Centennial Way
Tustin, CA 92780-3767
DRAFT
SPACE ABOVE THIS LINE FOR RECORDER'S USE
HISTORIC PROPERTY PRESERVATION AGREEMENT
This Agreement is entered into this
between the City of Tustin ("City"),
day of ., , by and
a municipal corporation, and
("Owner").
RECITALS
WHEREAS, pursuant to Government Code Section 50280 et seq. (the "Mills
Act"), the City of Tustin is authorized to contract with the owner of a Qualified Historical
Property to restrict the 'use of the property and to provide for its appropriate use,
maintenance and rehabilitation so that it retains its histor, ic characteristics; and
WHEREAS, the City Council has approved by resolution the use of such
contracts to encourage the preservation of Qualified HiStorical Property in the City; and
WHEREAS, Owner possesses fee title to that certain property located on
Assessor's Parcel Number , commonly known as
, in the City of Tustin, California ("Property"). A
legal description of the PrOperty is attached hereto, marked as Exhibit "A," and is
incorporated herein by this reference; and
WHEREAS, the Property [is located within the City of Tustin's Cultural Resource
Overlay District and] is listed in the City of TUstin Historical Resources Survey, [all of]
which satisfies the requirements of Government Code Section 50280.1 as a Qualified
Historical Property; and
WHEREAS, the Property is residentially zoned and has an "A", "B", or "C" rating
in the City of Tustin Historical ReSources Survey, all of which satisfies the criteria
established by City Council Resolution No. 97-50.
1100-00013
45526_1
WHEREAS, the City and Owner, for their mutual benefits, now desire to enter
into this Agreement to limit the use of the property to prevent inappropriate alterations
and ensure that the character-defining features are preserved and maintained in an
exemplary manner, and to carry out the purposes of California Government Code,
Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Sec. 50280 et seq.,' and to qualify
for an assessment of valuation pursuant to Article 1.9, Sec. 439 et seq., Chapter 3, Part
2 of Division 1 of the California Revenue and Taxation Code.
NOW, THEREFORE, based on the above recitals and the mutual promises and
covenants contained herein, the parties agree as follows:
AGREEMENT
1. .Property Subject to this Aqreement
The Property which is the subject of this Agreement is identified as Assessor
Parcel Number , commonly known as
, Tustin, California. A legal description' of the
Property is attached hereto, marked as Exhibit "A," and is incorporated herein
by this reference'. '
2. Definitions
Except as otherwise defined herein, the folloWing words and phrases have the'
following meanings:
"Serve 'notice" means to follow the notice procedures of Section 13.
"Owner" means the property owner(s) of record of the Property and.
includes assignees with rights of possession and successors in interest
to the Owner signing this agreement.
"Qualified Historical Property" means privately owned property which is
not exempt from property taxation and which meets the criteria set forth
in Government Code Section 50280.1
m
Commencement, Term and Renewal of Aqreement
A,
This Agreement shall become effective on the date first above written, and
unless canceled pursuant to Section 11, shall remain in effect for a term
of ten (10) years.
I100-00013
45526 I
a.
Each year, upon the anniversary of the effective date of this Agreement,
the term shall automatically be extended for one additional year unless
written notice of nonrenewal is served as provided herein.
13 for procedures on service of notice.
See Section
Co
If Owner or City desires in any year not to renew this Agreement, such
party shall serve written notice of nonrenewal on the other party.
(1)
If served by Owner, notice of renewal must be served on City at
least ninety (90) days prior to the annual renewal date.
(2)
If served by' City, notice of renewal must be served on Owner at
least sixty (60) days 'prior to the annual renewal date.
(3)
Failure to meet the notice deadlines above will result in one year
being automatically added to the term of this Agreement.
D.
Within fifteen (15) calendar days of the date of the City's notice of
nonrenewal, Owner may make a written protest to the City.
(i)
Upon receipt of such protest, the City Council shall schedule'a
hearing on the matter prior to the annual renewal date.
(2)
At such hearing, Owner may present any information which Owner
deems relevant.
(3)
Based on Owner's protest and the information presented at the
hearing, the City Council may withdraTM the City's notice of
nonrenewal at any time prior to the annual renewal date.'
Eo
Any notice of nonrenewal which has not been withdrawn prior to the next
annual renewal date, shall be recorded with the Orange County Recorder.
Fo
After the annual renewal date, the parties may agree at any time, by
written and recorded instrument, to' reinstate the ten-year term of this
Agreement and renewal provisions hereof.
Go
Unless this Agreement is otherwise canceled as proVided in Section 11,
after notice of nonrenewal has been served and not withdrawn, this
Agreement shall remain in effect for the balance of the term remaining,
including any prior renewal term.
4. Recordation of Agreement
The City Clerk shall record this Agreement with the Orange County Recorder
within twenty (20) days of its execution by both parties.
1100-000
45526
3
5. Notice to Office of Historic Preservation
6,
m
g
m
Owner shall provide, or cause to be provided, written notice of this Agreement
to the State Office of Historic Preservation within six months of the effective date
of this Agreement, which is The City shall provide owner with
the applicable address.
Standards and ConditiOns for Maintenance of Property
The Property shall be subject to the standards and conditions set forth in Exhibit
"B", which is attached to this Agreement and incorporated herein by this
reference. Owner shall comply with the standards and conditions set forth in
Exhibit "B".
Periodic Examination of Property
Upon prior notice, Owner shall allow the reasonable periodiC examination of the
interior and exterior of the premises of the Property by representatives of City,
the Or~ange County Assessor, the State Department of Parks and Recreation,
and the State Board of Equalization, as may be necessary to determine Owner's
compliance with the terms of this Agreement.
Furnishing Information
Owner shall furnish City with any and all information requested by City, which
may be necessary or desirable to determine Owner's compliance with this
Agreement.
Enforcement of Aqreement
.
.
In lieu of and/or in addition to any provisions to cancel this Agreement, City may
bring an action in court to enforce this Agreement, including, but not limited to,
an action to enforce this Agreement by specific performance or bY injunction.
If the City determines there is a violation of the provisions of this Agreement by
Owner, and City decides to enforce rather than cancel the Agreement, City shall
send written notice to Owner in accordance with Section 13. If such violation is.
not corrected to the reasonable satisfaction of the City within thirty (30) days
'after the date the notice of violation is sent by mail, or within such longer period
of time as specified or agreed to by City, then City may, without further notice,
declare a default under the terms of this Agreement and bring any action
necessary to specifically enforce the obligations of Owner under this Agreement,
including, but not limited t°, bringing actions for specific performance or
injunctive relief.
I 100-00013
45526_I
10.
11.
Binding Effect on-Successors and Assigns/Covenants Run with the Land
A.
This Agreement is binding upon and inures to the benefit of all successors
in interest to Owner, to Owner's assigns and all person acquiring any part
or portion of the Property, whether by operation of law or otherwise.
B,
'The .Owner hereby subjects the Property to the covenants, reservations
and restrictions as set forth in this Agreement, including Exhibit "A". 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 Property.
Each and every contract, deed or other instrument hereinafter executed,
covering or conveying the 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 understandings and intents that the
· burden of the covenants, .reservations and restrictions set forth herein
touch and concern the land in that the value of the Owner's legal interest
in the Property may be affected thereby. City and Owner hereby further
declare their understandings and intents 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 Property for the benefit of.the public and Owner.
Cancellation of Agreement
Ao
City may cancel this Agreement if it determines, after a duly noticed public
hearing a's prOvided herein, that Owner has committed any of the
following acts:
(1)
Owner has failed to maintain, restore or rehabilitate the Property in
accordance with the terms, standards and conditions set forth in
Exhibit "B".
(2)
Owner has allowed the Property to deteriorate to the point that it no
longer meets the City's standards-for a Qualified Historical
Property.
(3)
Owner has violated one or more provisions of this Agreement.
1100-00013
45526 I
I100-00013
45526 1
--
An Owner who does not occupy the Property, shall, nevertheless be responsible ·
at all times under this Agreement, for the condition of the Property and
compliance with this Agreement.
B.
..
City shall serve written notice of proposed cancellation on Owner stating
the grounds for canCellation and setting a public hearing date on the
matter. Notice of the hearing shall alSo be sent by U.S. mail to the last
known address of each owner of' Qualified Historical Property in the City,
and shall be published pursuant to Government Code Section 6061.
C,
Upon cancellation of this Agreement as provided in Subsection A, above,.
Owner shall pay a cancellation fee of 12½ percent of the full value of the
Property at the time of cancellation, as determined by. the County
Assessor without regard to any restriction on the Property imposed by this
Agreement. The cancellation fee shall be paid to the State Controller in
the manner prescribed by the State Controller.
Do
City may. also cancel this 'Agreement, at Owner's request, if the Property
is acquired in whole or in part by eminent domain or by an entity
authorized to exercise the power of eminent domain, and if City
determines that such acquisition frustrates the purpose of this Agreement.
Under these circumstances, no cancellation fee shall be imposed upon
Owner.
E.
City may also cancel this Agreement, at Owner's request, if so much of
the Property 'has been destroyed, in whole or in part and that, in the sole
· opinion of the City, the historic value of the Property has been destroyed.
Under these circumstances, no cancellation fee shall be imposed upon
Owner. City may cancel this Agreement, at Owner's request, if the
Property is damaged by fire, earthquake, or other Act of God or accidental
cause to the extent that (1) the then fair market value of the structure is
reduced by 51 percent or more; or (2) 51 percent or more of the
structure's floor area is destroyed or irreparably damaged; or (3) 51
percent or more of the structure's historic features are destroyed or
irreparably damaged; or (4) the cost to the Owner (exclusive of insurance
proceeds) to restore the structure to its prior condition would' exceed
$10,000.00. Owner shall reimburse City for all expenses incurred by City
in determining the extent of damage or destruction. If the Owner desires
to cancel this Agreement under this Section, written notice shall be given
to the City within 90 days after such damage or destruction occurs. In the
event the Owner desires to cancel this Agreement due to the
circumstances outlined above, owner or City may request a hearing
before the City Council to determine (a) the extent of diminution of value,,
(b) the extent of the damage or destruction to the floor area of said
Structure, and/or (c) extent of damage or destruction to the character - .
defining features of said structure.
12. Waiver
The waiver by City of the performance of' any covenant or condition of this
Agreement shall not be considered a waiver of subsequent performance of that or any
other covenant or condition of this Agreement.
13. Notice
Any notice required to be given pursuant to this Agreement shall be sent by
certified mail, postage prepaid, 'return receipt requested, addressed as follows or
addressed as later specified by either party:
To City:
City of Tustin
Community Development Department
Attn: Director of Community Development
300 Centennial Way
Tustin, CA 92780
To Owner:
Notice shall be deemed sent Or "served" upon the 'date of deposit in the United
States Mail.
14. Fee to Administer Mills Act Program'
At the time established by City Council resolution, Owner shall pay City a fee,
established by City Council' resolution, pursuant to Government Code Section
'5028.1. This fee is to cover City's costs of administering the Mills Act Program
in the City.
15,
Defense, Indemnification and Hold Harmless
A. Owner shall defend, indemnify and hold harmless City, its officials,
employees, and agents against and from all claims arising from Owner's
1100-00013
45526 1
--
performance under this Agreement, or from any aCtivity, work, or
omissions by Owner or caused by Owner in connection with this
Agreement.
B.
Owner shall further defend, indemnify and hold harmless City, its officials,
employees, and agents against and from all costs, attorneys fees, and
liabilities incurred in the defense of a.ny such claim or any action or
proceeding brought thereon, in case of any action or proceeding brought
against City by reason of such claim, Owner, upon notice from City, shall
defend same at Owner's sole expense by counsel satisfactory to City.
16. Entire Aqreement
This Agreement and the Exhibit attached hereto constitute the entire agreement
between the parties with respect to the subject matter hereof and supersede all prior
discussions, negotiations, and agreements whether oral or written.
17. Amendment
This Agreement shall only be amended by written instrument,
parties and recorded in the Office of the Orange County Recorder.
signed by both
18. Miscellaneous Provisions
Ao
None of the terms, provisions or conditions contained in this Agreement
shall be deemed to create a partnership, a joint venture, or a joint
enterprise between the parties hereto.
.B.
This Agreement shall be construed in accordance with the laws of the
State of California.
Co
In the event that any of the provisions of this Agreement are held to be
unenforceable or invalid by a Court of competent jurisdiction or by
subsequent preemptive legislation, the validity and enforceability of the
remaining provisions shall not be affected.
Do
Owner understands that it is Owner's responsibility to apply for the
reassessment, of valuation afforded by this Agreement. pursuant to
Chapter 3, Part 2, of Division I of the California Revenue and Taxation
Code.
1100-00013
45526
19. Authority to Enter Agreement
Each person executing this Agreement warrants that they have the authority to
enter into this Agreement on behalf of the party for whom they sign.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first written above.
· .
CITY OF TUSTIN
By:
Approved as to Form
LOIS E. JEFFREY
City Attorney
Owner
Date: By:
By:
SIGNATURES ARE TO BE NOTARIZED
,,
IF THIS CONTRACT IS PROPOSED TO BE SIGNED BY
THE PROPERTY OWNER'S AGENT, THE CITY WILL
REQUIRE WRITTEN EVIDENCE OF THE AGENT'S
AUTHORITY TO ENTER INTO THIS AGREEMENT ON
BEHALF OF THE OWNER. THE WRITTEN EVIDENCE
MUST BE REVIEWED AND APPROVED BY THE CITY
ATTORNEY.
1100-00013
45526 1
--
EXHIBIT "A"
LEGAL DESCRIPTION
1100-00013
45526 1
--
lO
EXHIBIT "B"
HisToRICAL PROPERTY PRESERVATION
TERMS, STANDARDS AND CONDITIONS
[Note: these are merely sample conditions compiled from other agreements and
should' be tailored to fit the specific property subject to this Agreement.]
o
,
,
.
o
To have a baseline for comparison when future maintenance or alterations are
being evaluated and for reconstruction of portions in the event of a disaster,
Owner shall create a black and white 35 mm photographic portfolio showing all
elevations of all buildings and structures from at least three angles, all character-
defining exterior details, and historic interior details or other details of special
interest. A copy of the portfolio shall be submitted to the Community
Development Department within one year of the effective date of this Agreement.
All structures, the entire grounds, and all major landscape features shall be
included in the portfolio and copies of existing site plans, floor plans,
architectural elevations'and historical photographs that may be in Owner's
possession.
Owner shall preserve, maintain, and, where necessary, restore or rehabilitate
Property and its character-defining features, notably the general architectural
form, style, materials, design, scale, proportions, organization of windows, doors,
and other openings, textures, details, mass, roof line, porch and other aspects
of the appearance of the exterior to the satisfaction of City.
All changes to Property and any structures thereon shall comply with applicable
City specific plans, City regulations and guidelines, and conform to the rules and
regulations of the Office of Historic Preservation of the California Department of
Parks and Recreation, the U.S. Secretary of the Interior's Standards for
Rehabilitation and the State Historical Building Code. Interior remodeling shall
retain character-defining features to the greatest extent possible.
City shall be notified by Owner of changes to character-defining exterior features
prior to their execution, such as major landscaping projects, exterior door
replacement or exterior alterations requiring a building permit.
City shall be notified prior to the repair and rehabilitation of any structure on the
Property.
1100-00013
45526 1
--
11
,
,
,
,
10.
The fol.lowing are prohibited without the prior written consent of the City:
Demolition of any structure on the Property.
Exterior alterations or additions not in keeping with the standards listed
above;
The following are prohibited at any time:
Dilapidated, deteriorating or unrepaired structures such as fences, roofs,
doors, walls and windows;
Storage of scrap lumber, junk, trash, debris, discarded or unused objects
such as cars, appliances or furniture;
Stagnant water and unfilled excavations;
AnY other device, decoration, structUre or vegetation which is unsightly by
reason of its height, condition 'or inappropriate location, as determined by
City.
Landscaping shall be maintained in a manner so as to enable the public to see
the historic features of the Property from the street and shall be watered and
maintained in accordance with recognized landscaping practices.
Owner shall make improVements to the property as described in the following
schedule for repair and rehabilitation, unless changes to the schedule are
approved in writing by the City and Owner.
[Note: schedule would be inserted here.]
Owner shall provide the City with a written annual report which specifies actions
taken by Owner to fulfill the requirements of the Agreement. The annual report
shall be submitted to the City on an annual basis at times specified bY the City..
1100-00013
45526 1
--
12
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 97-50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AUTHORIZING THE IMPLEMENTATION
OF A MILLS ACT PROGRAM IN THE CITY OF TUSTIN AND
ESTABLISHING A POLICY FOR HISTORIC PROPERTY
PRESERVATION AGREEMENTS (MILLS ACT CONTRACTS).
The City Council of the City of Tustin does hereby resolve as
follows:
WHEREAS, the State of California enacted the Mills Act
(California Government Code section 50820 et seq.), which
authorizes cities to enter into contracts with the owners of
qualified historic properties to provide for the use,
maintenance, and restoration of such.historical properties so
as to retain their characteristics as properties of historical
significance; .and
WHEREAS, the Tustin General Plan identifies the following
issues related to the preservation of historic properties:
1) Tustin contains numerous historically and architecturally
.significant structure whose maintenance and preservation
is important to the heritage of the community.
2) Revitalization of older residential and non-residential
development through ~rehabilitation, preservation, and
redevelopment of the existing stock of land, landscaping,
buildings and public infrastructure is necessary to
maintain the quality of an urban environment; and
WHEREAS, the Tustin General Plan identifies the f°llowing
policies related to the preservation of historic properties:
1) Encourage the restoration and rehabilitation of
properties in Tustin eligible for inclusion on the
National Register of Historic Places 'according to the
rehabilitation guidelines' and %ax incentives of the
National Trust for Historic Preservation.
2)
3)
4)
Preserve historically significant structures and sites,
and encourage the conservation and rehabilitation of
older buildings, sites and neighborhoods that contribute
to the City's historic character.
Preserve historic and architecturally significant
residential properties.
Retain and protect significant areas of archaeological,
paleontological, or historical value for education, and
scientific purposes; and
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Resolution No. 97-50
Page 2
WHEREAS, the use of historic property preservation
agreements in Tustin will be limited to residential properties
that are not exempt from property'taxation and have an "A",
"B", or "C" rating in the City of Tustin .Historical Resources
Survey; and
WHEREAS, commercial properties in Tustin will not be
eligible for' historic property preservation agreements
because other financial assistance programs are available for
commercial properties; and
W~EREAS, properties loCated in Tustin redevelopment areas
will not be eligible for historic property preservation
agreements because there would be financial impacts to the
City of Tustin Redevelopment Agency; and
WHEREAS, the City Council has the discretion to limit the
total number of historic property preservation agreements or
to discontinue the City's Mills Act program at any time; and
WHEREAS, the City Council may establish a reasonable
application fee to recover the City's cost for processing
historic property preservation agreements; and
WHEREAS, the City of Tustin Cultural Resources Advisory
Committee supports the'implementation of a Mills Act program
in the City of Tustin; and
·
WHEREAS, the preservation of individual historic
properties through the implementation of a Mills Act program
in Tustin would serve the maintain the historical integrity'of
individual structures citywide, including those within the
Tustin Cultural Resource District; and
WHEREAS, the preservation of important resources and
neighborhoods would have beneficial indirect effects on local
businesses, economic stability and community pride.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of
the City of Tustin:
Authorizes the implementation of a Mills Act program in
the City of Tustin and the establishment of a policy (as
described herein) for historic property preservation
agreements (Mills Act contracts); and
·
Appoints the City Manager or aUthorized designee as the
agent to coordinate, process, and execute each historic
property preservation agreement following approval of the
contract by City Council resolution.
~9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Resolution No. 97-50
Page 3
PASSED AND ADOPTED at a regular meeting of the Tustin
City Council, held on the 16th day of June, 1997.
Jeffery M. Thomas
Mayor
Pamela Stoker,
City Clerk
STATE OF cALIfORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
SS
CERTIFICATION FOR RESOLUTION NO. 97-50
PAMELA STOKER, City Clerk and ex-officio Clerk of the City
Council Of the City of Tustin, California, does hereby certify
that the whole number of the members of the City Council of
the City of TUstin is 5; that the above and foregoing
Resolution No. 97-50 was duly and regularly introduced,
passed, and adopted at a regular meeting of the Tustin City
Council, held on the 16th day of June, 1997.
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER:ABSENT:
PAMELA STOKER
City Clerk