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HomeMy WebLinkAbout2021-10-19; City Council; ; Information on the Mills ActCA Review CKM Meeting Date: Oct. 19, 2021 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Mike Strong, Assistant Community Development Director mike.strong@carlsbadca.gov, 760-602-2783 Subject: Information on the Mills Act District: All Recommended Action Receive an informational presentation on the purpose of the Mills Act and provide direction to staff as appropriate. Executive Summary On July 20, 2021, the City Council received a report regarding the city’s possible acquisition of the Culver-Myers-Capp house for historical preservation and directed staff to return to the City Council with more information about the Mills Act program. This staff report provides additional information on the Mills Act, a state law enacted to help local governments preserve historic structures, (Exhibit 1) and what it would take to create a local program. Should the City Council wish to pursue a local Mills Act program, staff recommend the City Council direct staff to initiate an amendment to the Carlsbad Municipal Code to authorize a local Mills Act Program as well as address some long-standing inconsistencies in the city’s current Historic Preservation Ordinance (CMC Title 22). Discussion Background The Mills Act, enacted in 1972 by the California Legislature, grants participating cities and counties the authority to enter into contracts with the owners of qualified historic properties who actively participate in the preservation, restoration, and maintenance of their historic properties. Property owners agree to maintain, and in some cases rehabilitate, their historic properties in exchange for having their property tax reduced. A Mills Act contract can provide tax benefits for both owner-occupied and income-producing properties. The property tax reduction makes the Mills Act contract one of the most valuable incentives offered to owners of historic properties. The Mills Act Program is especially beneficial for recent buyers of a historic property and for current owners of historic buildings who have made major improvements to their property. Mills Act contract participants may realize substantial property tax savings of between 40% and Oct. 19, 2021 Item #8 Page 1 of 23 60% each year for newly improved or purchased older properties. Valuations of Mills Act properties are determined by the income approach to value, which estimates the market value of a property based on the income it generates, rather than by the standard market approach to value, which is based on its potential selling price. Properties that have been under the same ownership for a long time have property tax rates that are already lower than those of homes sold more recently, so the owners of those properties will most likely not benefit from the tax relief. More than 90 local governments across the state have enrolled in the Mills Act Program, including eight in San Diego County – Chula Vista, Coronado, Encinitas, Escondido, La Mesa, National City and the city and county of San Diego, according to the California Office of Historic Preservation’s website (Exhibit 2). The owners of about 370 properties within the various cities and unincorporated county areas have contracted to receive this property tax benefit, according to the San Diego County Recorder’s Office. How it works Contract preparation Under a Mills Act Program, the city would be responsible for recording executed Historic Property contract documents with the County Recorder before December 31 of the applicable calendar year. The city would then transmit the contract and the documentation of the description of the property to the San Diego County Assessor’s Office, where the calculation for the exact property tax under the Mills Act would be performed. Contracts that are recorded by December 31 are reassessed by June 30 of the following year, so that the tax reduction would appear on the tax bill of October of that year. Within six months of entering into a Mills Act contract with the property owner, the city would submit written notice of the contract to the State Office of Historic Preservation. Assessing property tax value The Mills Act statute requires tax assessors to evaluate properties under a Mills Act agreement using a method that typically, but not always, results in a tax reduction for the property owner. Once approved by the City Council, a Mills Act contract requires the County Assessor’s Office to determine the value of the historic property based upon its ability to generate income, the income approach to value, rather than the regular market-based method of assessment. In the income approach, the County Assessor values the property according to the capitalization of income, whereby the property's potential income is divided by a pre- determined capitalization rate to determine the new assessed property value. In the case of an owner-occupied property, the income projection is based on comparable rents for similar properties in the area, or, if insufficient rental information is available, the income that the property could reasonably be expected to produce. The income amount on a commercial property is based on the actual rent received. Mills Act contract participants may realize substantial property tax savings between 40% and 60% each year for newly improved or purchased older properties. For more information about a prospective Mills Act Program, please refer to Exhibit 1. Oct. 19, 2021 Item #8 Page 2 of 23 Ongoing obligations – property owner In exchange for a reduction in property taxes, a Mills Act contract requires the property owner to undertake specific restoration tasks as necessary, and to properly maintain the historic structure. This is a legal contract binding the owner of a designated historical resource to maintain the subject property consistent with the U.S. Secretary of the Interior’s standards for properties designated as historic, to provide visibility of the historical resource from the public right-of-way, and to improve or rehabilitate the property based on specific conditions included in the agreement. The term of a Mills Act contract is for a ten-year period, with the contract renewed automatically each year on the contract’s anniversary, unless the owner or the city or county submits a notice of non-renewal. If such a notice is submitted, the contract would terminate at the end of the then current ten-year term. The obligations and property tax reduction benefits associated with the contract are also binding upon successive property owners during the contract term. Section 50286(a) of the California Government Code states that if a Mills Act contract is cancelled because of a property owner's breach, "the owner shall pay a cancellation fee equal to 12.5% of the current fair market value of the property, as determined by the county assessor as though the property were free of the contractual restriction." Because Mills Act contracts have a minimum term of 10 years, the 12.5% penalty established by state law approximates the maximum property tax savings a property owner might realize through the Mills Act Program, assuming the owner achieves a 100% reduction in property taxes at the presumed annual property tax rate of 1.25%. Staff believe the 12.5% penalty sufficiently eliminates any financial incentives for a property owner to breach a Mills Act contract. If a contract is canceled due to an owner's breach before the initial 10-year contract term has expired, the penalty would be greater than the owner's realized tax benefits as of the date of cancellation. Ongoing obligations – City of Carlsbad While the property owner is responsible for maintaining the historical significance of their designated resource, the city is responsible for ensuring that a property remains in compliance with the provisions of the Mills Act contract. Local Mills Act programs require cities to perform site visits, record maintenance issues and review compliance with contract requirements every five years. The five-year inspection schedule provides the opportunity to monitor progress in any restoration plans and to provide adequate review in case owners make changes that may harm the property’s historical integrity but that do not typically require a building permit, or make substantial changes to the property without obtaining required permits. Steps to develop a city program Should the City Council direct staff to initiate an amendment to the municipal code to authorize a local Mills Act Program, staff would engage a consultant to work with the Historic Preservation Commission and other stakeholders to develop the draft ordinance and prepare the guidelines, forms and contract documents that are required to process a Mills Act application. As part of this effort, staff would also make necessary changes to Carlsbad Municipal Code Title 22 – Historic Preservation to make it clearer and address long-standing inconsistencies. Oct. 19, 2021 Item #8 Page 3 of 23 Step 1 – The city would award a professional services agreement with a consultant in an amount not to exceed $35,000. Funds for this one-time agreement cost is included in the current Community Development Department budget. Step 2 – The consultant would research best practices and engage the Historic Preservation Commission and other stakeholders on issues and opportunities. Step 3 – The consultant would identify eligibility criteria, the envisioned application process, anticipated application form components and the city’s application approval process. Step 4 – The consultant would prepare all implementing documents necessary to process the needed municipal code amendments. Step 5 – The Historic Preservation Commission would provide a recommendation to the Planning Commission, and the Planning Commission would provide a recommendation to the City Council. Step 6 – The proposed program would be presented to the City Council for its consideration, direction and approval. Step 7 – If the program is approved by the City Council, the city would notify the owners of eligible properties as directed, and then commence work with interested property owners to process their Mills Act contract applications. Implementation and ongoing costs Pre-approval inspection and the costs to retain a consultant to develop a preservation plan would cost about $7,000 to $10,000 per historic site. The cost to perform the restoration work varies, based on the findings of the report and condition of the structure(s). Based on information provided by other cities, the homeowner is typically responsible for covering these costs. The city’s cost to review and process each Mills Act contract application would be expected to be less than $3,000 per application. However, the city would have to perform inspection monitoring every five years thereafter, which would be expected to cost about $500 for each inspection. The breakdown of these costs is provided in Exhibit 3. The funding and resources needed to implement a prospective Mills Act Program would be reviewed and considered in conjunction with the necessary municipal code amendments. Compliance with General Plan Staff reviewed the goals and policies of city’s General Plan to ensure there were no impediments to the City Council initiating the work program. This preliminary General Plan analysis, included as Exhibit 4, concluded that the prospective work program would be consistent with the goals and policies of the General Plan. Options The City Council can choose to direct staff to develop a Mills Act Program for the city. If so directed, staff would return to the City Council at a later date with a proposed program, and its potential benefits and drawbacks, for the City Council’s consideration, direction and approval. Oct. 19, 2021 Item #8 Page 4 of 23 Fiscal Analysis There is no direct fiscal impact associated with receiving this report. The $35,000 in funds needed for a professional services agreement with a consultant are included in the current fiscal year 2021-22 Community Development Department budget. The Mills Act would likely have a detrimental impact on the city’s property tax; however, the current value and impact are unknown. Each property’s tax base is different. The County Assessor’s Office determines the value of the historic property based upon its ability to generate income. Based on a review of other local Mills Act Programs, execution of a single Mills Act contract for a single property could result in reduced property tax revenue of several hundred to a couple thousand dollars per annum, with similar losses to the local school district. Each Mills Act contract application would provide an estimate of the property owner’s tax savings as well as an estimate of the city’s property tax reduction. It is important to note that property valuation thresholds could be added to each Mills Act contract to ensure that revenue loss for the city is minimized. Direct budget implications in future years would also include staff resources and/or other direct expenses to support the implementation of the Mills Act. These costs could be offset by Mills Act application fees and, if desired, any inspection monitoring fees established by the City Council. Next Steps If directed by the City Council, staff will execute a professional services agreement with a qualified consultant. Staff estimates that a professional services agreement could be executed within 60 days and a draft ordinance could be prepared and presented to the City Council for review and consideration within 12 to 18 months. Environmental Evaluation (CEQA) The California Environmental Quality Act requires an agency to complete an environmental review before committing itself to a definite course of action in regard to a proposed project (CEQA Guidelines Section 15352). Environmental review must occur as early as feasible in the planning process to enable environmental considerations to influence project program and design, yet late enough to provide meaningful information for environmental assessment (CEQA Guidelines Section 15004(b)). At this time, the City Council is not taking any action that would constitute approval of a municipal or zoning code amendment. Rather, the City Council is only being asked to provide direction on initiating the process. CEQA exempts from its application those projects that involve “only feasibility or planning studies for possible future actions which the agency, board or commission has not approved, adopted, or funded” and which do not have a legally binding effect on later activities. (CEQA Guidelines Section 15262.) This agenda item involves the initiation of a city-sponsored work program for possible future actions, which have not been approved or adopted. (The City Council retains full discretion either to approve or disapprove the project). To fall under this exemption, however, the lead agency is required to “consider environmental factors.” The proposed study could lead to an ordinance that increases the number of sites that restore and maintain their historical resources. Those new uses and activities generally will not lead to materially different environmental effects than uses or activities already allowed. The establishment of a Mills Act Ordinance would not authorize any new development. The Oct. 19, 2021 Item #8 Page 5 of 23 prospective ordinance would only encourage the continued use of existing structures and the continuance of existing land uses. Therefore, the action before the City Council is statutorily exempt from CEQA in keeping with CEQA Guidelines Section 15262 – Feasibility and Planning Studies. Nonetheless, all relevant environmental factors would be analyzed in more depth through the CEQA process. Public Notification and Outreach This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to scheduled meeting date. Exhibits 1. Mills Act questions and answers 2. California Office of Historic Preservation’s list of local governments with Mills Act programs 3. Breakdown of costs of implementing a Mills Act Program 4. General Plan consistency analysis Oct. 19, 2021 Item #8 Page 6 of 23 Exhibit 1 Mills Act - Questions and answers What is the Mills Act? Enacted in 1972, the Mills Act legislation grants participating local agencies (cities and counties) the authority to enter into contracts with owners of qualified historic properties who actively participate in the restoration and maintenance of their historic properties while receiving property tax relief. The Mills Act helps support the restoration and preservation of qualified historic buildings by private property owners. Why should the City of Carlsbad participate in a Mills Act? The Mills Act allows local agencies to establish specific priorities for rehabilitating historic resources, encouraging seismic safety programs and other life safety issues, contributing to affordable housing, promoting heritage tourism, and retaining the sense of place and continuity with the community’s past. There is little direct cost to the city to incentivize the restoration and preservation of qualified historic buildings by private property owners. If the city moves forward to implement the Mills Act, why should the city develop guidelines to help administer the Mills Act Program? Guidelines may address specific provisions such as local eligibility criteria, application procedures, contract terms, and termination clauses, if desired/needed. Under the Mills Act, each local agency may establish its own criteria and determine how many contracts it will allow in its jurisdiction. Although many Mills Act Programs look similar, there may be a significant local interest to be served, which may differ from one locality to another. If I own a historic property, am I obligated to participate in the Mills Act program? No. If the prospective Mills Act Program were to be adopted in the city, participation in the program would be voluntary. What are the benefits to a property owner to participate in a Mills Act Program? The Mills Act allows local agencies to provide incentives to keep historic property, historic. The benefit runs with title (indefinite) and accepting the tax benefit is voluntary. Owners of historic buildings may qualify for property tax relief if they pledge to rehabilitate and maintain the historical and architectural character of their properties for at least a ten-year period. The Mills Act Program is especially beneficial for recent buyers of historic properties and for current owners of historic buildings who have made major improvements to their properties. Mills Act contract participants may realize substantial property tax savings of between 40% and 60% each year for newly improved or purchased older properties. Valuations of Mills Act properties are determined by the income approach to value, which estimates the market value of a property based on the income it generates, rather than by the standard market approach to value, which is Oct. 19, 2021 Item #8 Page 7 of 23 Exhibit 1 based on its potential selling price. Properties that have been under the same ownership for a long time are assessed lower property taxes than homes sold more recently, so the owners of those properties will most likely not benefit from the Mills Act. What are the general terms of a Mills Act contract? If the prospective Mills Act Program were to be adopted in the city, the scope of a Mills Act contract would be similar to that of other agencies. Property owners would agree to restore, maintain, and protect the property in accordance with specific historic preservation standards and conditions identified in a formal agreement, generally known as a Mills Act or Historical Property contract. The responsibilities of Mills Act contract agreements are established by state law and any other requirements set up by the local Mills Act Program. Generally, the property owner is required to maintain and preserve the site in accordance with the Secretary of the Interior's Standards. Each local agency may establish their own criteria and determines how many contracts they will allow in their jurisdiction, so the terms of a Mills Act contract would reflect the priorities of any locally adopted program or policy, subject to City Council approval. How long is a Mills Act contract? A formal agreement, generally known as a Mills Act or Historical Property contract, is executed between the local government and the property owner for a minimum ten- year term. The agreement is automatically renewed each year for an additional year, and changes the expiration date so that 10 years is still left in the term of the agreement. Mills Act contracts are transferred to new owners when the property is sold. Subsequent owners are bound by the Mills Act contract and have the same rights and obligations as the original owner who entered into the Mills Act contract. The agreement will thus continue in effect indefinitely unless notice is served by either party for the automatic renewals to stop. If either party serves notice for the automatic renewals to stop, the agreement will expire on the agreement's current expiration date, which would be about ten years after the notice is recorded. Does my property qualify for the Mills Act? At this point, the city is only considering whether there is support to initiate a Code amendment to prepare a Mills Act Program. However, should a Mills Act Program be adopted, qualified properties most likely would include residential properties listed on the local, state or national historic register. Am I required to open my property to the public under a Mills Act contract? No. The Mills Act Program does not require the property owner to grant public access to the property. The Mills Act contract would likely specify that (by prior appointment) an inspection of the property may be made by city officials, as may be needed to determine compliance with the terms and provisions of the Mills Act contract. Oct. 19, 2021 Item #8 Page 8 of 23 Exhibit 1 How are tax assessments determined for properties under the Mills Act? The State Board of Equalization has provided guidelines for county assessors for use in assessing properties under the Mills Act. On June 8, 1976, the voters of California approved Proposition 7 which amended section 8 of article XIII of the California Constitution. This amendment requires that restricted historical property be valued on a basis that is consistent with its restrictions and uses. Sections 439 through 439.4 were added to the Revenue and Taxation Code to implement Proposition 7. These statutes, in particular Section 439.2, prohibit a valuation of restricted historical property based on sales data and instead require that such property be valued by a prescribed income capitalization method. Using the income approach, the County Assessor’s Office values the property according to the capitalization of income, whereby the property’s potential income is divided by a pre-determined capitalization rate to establish a new assessed property value to be taxed. The income approach for an owner occupied property is based on its potential rental value. Commercial, industrial, or multi-family properties would have an actual income that is used for the calculation. The County Assessor’s Office is responsible for making the final determination of the taxes due when the approved Mills Act contract is submitted and recorded, and will continue to conduct property tax assessments on an annual basis. How much will my property taxes be reduced under a typical Mills Act Program? Instead of basing your property tax on the purchase price of your property (Proposition 13, Base Year Value), the Assessor reassesses your property on its ability (or potential ability) to produce income (income approach). Using the income approach, Mills Act contract participants may realize substantial property tax savings of between 40% and 60% each year for newly improved or purchased older properties. Valuations of Mills Act properties are determined by the income approach to value, which estimates the market value of a property based on the income it generates, rather than by the standard market approach to value, which is based on its potential selling price. Properties that have been under the same ownership for a long time are assessed lower property taxes than homes sold more recently, so the owners of those properties will most likely not benefit from the Mills Act. It is possible that the Proposition 13 value may actually be lower than the restricted value with the Mills Act, and the property would receive no immediate benefit. Some owners who would receive no benefit still apply for the Mills Act. It can be a selling point to a potential buyer because the property would not be reappraised at its full market value upon sale if the property was already under a historical contract. Oct. 19, 2021 Item #8 Page 9 of 23 Exhibit 1 How long will it take before I notice the reduction on my property tax bill under a typical Mills Act Program? The Assessor's Office implements the Mills Act valuation once a year. Contracts recorded by December 31st would be implemented on the following November tax bill. Since the City Council is only considering the initiation of a work program to implement the Mills Act at its meeting on October 19, 2021, Mills Act applications would likely not be ready for intake until late 2022 or early 2023, which may likely be implemented for 2023 or 2024 tax secured assessment roll. Are there potential penalties for property owners under a typical Mills Act contract? Yes. If a property is not maintained under the terms of the contract, is improperly altered, or if rehabilitation work is not performed, the owner could be found in breach of contract. If the breach of contract cannot be resolved to satisfy the contract, the contract is cancelled. As a penalty, the owner is assessed a 12.5% penalty based on the current fair-market value of the property. Oct. 19, 2021 Item #8 Page 10 of 23 Exhibit 2 California Office of Historic Preservation List of agencies in California with Mill Act agreements Data retrieved Oct. 1, 2021; accessed from https://ohp.parks.ca.gov/?page_id=30346 Jurisdiction: Anaheim County: Orange Contact: Christine Nguyen, Associate Planner 200 S.Anaheim Blvd., Suite 162 Anaheim, CA 92805 Phone: 714-765-4942 Email: cnguyen@anaheim.net Web: https://www.anaheim.net/ Jurisdiction: Arcata County: Humboldt Contact: Delo Freitas, Senior Planner 736 F Street Arcata, CA 95521 Phone: 707-825-2213 Email: dfreitas@cityofarcata.org Web: https://www.cityofarcata.org/ Jurisdiction: Belvedere County: Marin Contact: Pierce Macdonald, City Planner 450 San Rafael Ave. Belvedere, CA 94920 Phone: 415-435-3838 Email: pmacdonald@cityofbelvedere.org Web: https://www.cityofbelvedere.org/ Jurisdiction: Benicia County: Solano Contact: Suzanne Thorsen, Associate Planner 250 East L. Street Benicia, CA 94510 Phone: 707-746-4279 Email: sthorsen@ci.benicia.ca.us Web: https://www.ci.benicia.ca.us/ Jurisdiction: Orange (City) County: Orange Contact: Marissa Moshier, Assoc. Planner, Historic Preservation 300 East Chapman Ave. Orange, CA 92666-1591 Phone: 714-744-7243 Email: mmoshier@cityoforange.org Web: https://www.cityoforange.org/ Jurisdiction: Orange (County) County: Orange Contact: Brian Grummer, Appraiser 630 N. Broadway Santa Ana, CA 92702 Phone: 714-834-3448 Email: none stated Web: https://www.ocgov.com/ Jurisdiction: Oxnard County: Ventura Contact: Dennis Scala, Management Analyst III 214 S. C Street Oxnard, CA 93030 Phone: 805-385-7429 Email: dennis.scala@ci.oxnard.ca.us Web: https://www.oxnard.org/ Jurisdiction: Palm Springs County: Riverside Contact: Ken Lyon, Associate Planner 3200 Tahquitz Canyon Way Palm Springs, CA 92263 Phone: 760-323-8245 Email: ken.lyon@palmsprings-ca.gov Web: https://www.palmspringsca.gov/ Oct. 19, 2021 Item #8 Page 11 of 23 Exhibit 2 Jurisdiction: Berkeley County: Alameda Contact: Sally Zarnowitz, Senior Preservation Planner 2120 Milvia Street Berkeley, CA 94704 Phone: 510-981-7429 Email: szarnowitz@cityofberkeley.info Web: https://www.cityofberkeley.info/Ho me.aspx Jurisdiction: Beverly Hills County: Los Angeles Contact: Mark Odell, Urban Designer 455 North Rexford Drive Beverly Hills, CA 90210 Phone: 310-285-1116 Email: modell@beverlyhills.org Web: https://www.beverlyhills.org/ Jurisdiction: Brea County: Orange Contact: Adrienne Gladso, Senior Planner Number 1 Civic Center Way Brea, CA 92821 Phone: 714-990-7674 Email: adrienneg@ci.brea.ca.us Web: https://www.ci.brea.ca.us/ Jurisdiction: Calabasas County: Los Angeles Contact: Krystin Rice, Associate Planner 100 Civic Center Way Calabasas, CA 91302 Phone: 818-224-1709 Email: krice@cityofcalabasas.com Web: https://www.cityofcalabasas.com/ Jurisdiction: Chico County: Butte Contact: Planning Services Department 411 Main Street Chico, CA 95927 Phone: 530-879-6800 Email: zoning@chicoca.gov Web: http://www.chico.ca.us/ Jurisdiction: Palo Alto County: Santa Clara Contact: Matthew Weintraub, Planner 250 Hamilton Ave. Palo Alto, CA 94303 Phone: 650-329-2247 Email: matthew.weintraub@cityofpaloalto.org Web: https://www.cityofpaloalto.org/ Jurisdiction: Pasadena County: Los Angeles Contact: Kevin Johnson, Senior Planner 175 N. Garfield Pasadena, CA 91109-7215 Phone: 626-744-7806 Email: kevinjohnson@cityofpasadena.net Web: https://www.cityofpasadena.net/ Jurisdiction: Pomona County: Los Angeles Contact: Judy Kollar, Senior Planner 505 South Garey Ave. Pomona, CA 91790 Phone: 909-469-2082 Email: judy_kollar@ci.pomona.ca.us Web: https://www.ci.pomona.ca.us/ Jurisdiction: Rancho Cucamonga County: San Bernardino Contact: Larry Henderson, Planner 10050 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909-477-2750 Email: lhenders@ci.rancho-cucamonga.ca.us Web: https://www.cityofrc.us/ Oct. 19, 2021 Item #8 Page 12 of 23 Exhibit 2 Jurisdiction: Chula Vista County: San Diego Contact: Lynnette Tessitore-Lopez, Hist. Preservation Program Mgr 276 4th Ave., Bldg. C Chula Vista, CA 91910 Phone: 619-409-5465 Email: ltessitore-lopez@ci.chula-vista.ca.us Web: https://www.chulavistaca.gov/ Jurisdiction: Claremont County: Los Angeles Contact: Andrea Heywood, Associate Planner 207 Harvard Ave. Claremont, CA 91711 Phone: 909-399-5353 Email: aheywood@ci.claremont.ca.us Web: https://www.ci.claremont.ca.us/ Jurisdiction: Colton County: San Bernardino Contact: Mario Suarez, Senior Planner 650 N. LaCadena Drive Colton, CA 92324 Phone: 909-370-5523 Email: msuarez@ci.colton.ca.us Web: https://www.ci.colton.ca.us/ Jurisdiction: Corona County: Riverside Contact: Nancy Gutierrez, Associate Planner 815 West 6th Corona, CA 92887 Phone: 951-279-3749 Email: nancyg@ci.corona.ca.us Web: https://www.coronaca.gov/ Jurisdiction: Coronado County: San Diego Contact: Ann McCaull, Community Development 1825 Strand Way Coronado, CA 92118 Phone: 619-522-7326 Email: amccaull@coronado.ca.us Web: https://www.coronado.ca.us/ Jurisdiction: Redondo Beach County: Los Angeles Contact: Aaron Jones, Associate Planner 415 Diamond Street Redondo Beach, CA 90277 Phone: 310-372-1171 Email: aaron.jones@redondo.org Web: https://www.redondo.org/ Jurisdiction: Redwood City County: San Mateo Contact: Steven Turner, Planning Manager 1017 Middlefield Road Redwood City, CA 94064 Phone: 650-780-5934 Email: sturner@redwoodcity.org Web: https://www.redwoodcity.org/ Jurisdiction: Riverside County: Riverside Contact: Teri Delcamp, Sr. Planner Historic Preservation 3900 Main Street Riverside, CA 92522 Phone: 951-826-5371 Email: tdelcamp@riversideca.gov Web: https://www.riversideca.gov/ Return to Index Jurisdiction: Sacramento (City) County: Sacramento Contact: Carson Anderson, Preservation Director 300 Richards Blvd., 3rd Floor Sacramento, CA 95811 Phone: 916-808-8259 Email: canderson@cityofsacramento.org Web: http://www.cityofsacramento.org/ Jurisdiction: Salinas County: Monterey Contact: Robert Latino, Associate Planner 65 West Aisal Street Salinas, CA Phone: 831-758-7206 Email: robertl@city.salinas.us Web: https://www.cityofsalinas.org/ Oct. 19, 2021 Item #8 Page 13 of 23 Exhibit 2 Jurisdiction: Covina County: Los Angeles Contact: Alan Carter, Associate Planner 125 East College Street Covina, CA 91723-2199 Phone: 626-858-7231 Email: acarter@ci.covina.ca.us Web: https://covinaca.gov/ Jurisdiction: Dana Point County: Orange Contact: Brenda Chase, Senior Planner 33282 Golden Lantern Dana Point, CA 92629 Phone: 949-248-3568 Email: bchase@danapoint.org Web: https://www.danapoint.org/ Jurisdiction: Danville County: Contra Costa Contact: Bonnie Guttman, Senior Planner 510 La Gonda Way Danville, CA 94526-1740 Phone: 925-314-3395 Email: bguttman@ci.danville.ca.us Web: https://www.danville.ca.gov/ Jurisdiction: Encinitas County: San Diego Contact: Kathy Noel, Planner 505 Vulcan Ave. Encinitas, CA 92024 Phone: 760-633-2710 Email: knoel@ci.encinitas.ca.us Web: https://encinitasca.gov/ Jurisdiction: Escondido County: San Diego Contact: Paul Bingham, Assistant Planner II 201 N. Broadway Escondido, CA 92025-2798 Phone: 760-839-4306 Email: pbingham@ci.escondido.ca.us Web: https://www.escondido.org/home.as px Jurisdiction: San Bernardino (City) County: San Bernardino Contact: Catherine Allison, Administrative Assistant 300 North D Street San Bernardino, CA 92418 Phone: 909-384-5122 Email: callison@sbcity.org Web: http://www.ci.san-bernardino.ca.us/ Jurisdiction: San Clemente County: Orange Contact: Jonathan Lightfoot, Associate Planner 910 Calle Negocio San Clemente, CA 92673 Phone: 949-388-2320 Email: lightfootj@san-clemente.org Web: https://www.san-clemente.org/ Jurisdiction: San Diego (City) County: San Diego Contact: Emma Haggerty, Associate Planner 1222 First Ave., MS512 San Diego, CA 92101 Phone: 619-236-7173 Email: EHaggerty@sandiego.gov Web:https://www.sandiego.gov/ Jurisdiction: San Diego (County) County: San Diego Contact: Gail Wright, Staff Liason, Historic Sites Bd 5201 Ruffin Road, Suite B San Diego, CA 92123-1666 Phone: 858-694-3003 Email: gail.wright@sdcounty.ca.gov Web: https://www.sandiegocounty.gov/ Jurisdiction: San Dimas County: Los Angeles Contact: Anne Nguyen, Associate Planner 245 East Bonita Ave. San Dimas, CA 91773 Phone: 909-394-6255 Email: anguyen@sandimas.gov Web: https://sandimasca.gov/ Oct. 19, 2021 Item #8 Page 14 of 23 Exhibit 2 Jurisdiction: Eureka County: Humboldt Contact: Kristen Goetz, Senior Planner 531 K Street Eureka, CA 95501 Phone: 707-441-4166 Email: kgoetz@ci.eureka.ca.gov Web: https://www.ci.eureka.ca.gov/ Jurisdiction: Fontana County: San Bernardino Contact: Craig Brouerton, Planning Division 8358 Sierra Ave. Fontana, CA 92335 Phone: 909-350-7625 Email: cbrourton@fontana.org Web: https://www.fontana.org/27/Govern ment Jurisdiction: Fullerton County: Orange Contact: Matt Foulkes, Community & Economic Development 303 W. Commonwealth Ave. Fullerton, CA 92832 Phone: 714-738-6878 Email: mfoulkes@cityoffullerton.com Web: http://cityoffullerton.com/ Return to Index Jurisdiction: Gilroy County: Santa Clara Contact: Cindy Casper 7351 Rosana Street Gilroy, CA 95020 Phone: 408-8460440 Email: cindie.taylor@ci.gilroy.ca.us Web: http://www.cityofgilroy.org/ Jurisdiction: Glendale County: Los Angeles Contact: Jay Platt, Planner 633 E. Broadway, Rm 103 Glendale, CA 91206-4386 Phone: 818-937-8155 Email: jplatt@ci.glendale.ca.us Web: https://www.glendaleca.gov/ Jurisdiction: San Francisco (City) County: San Francisco Contact: Elizabeth Gordon- Jonckheer, Principal Planner 1650 Mission Street, Suite 400 San Francisco, CA 94103 Email: CPC.MillsActInfo@sfgov.org Web: https://www.sfplanning.org Jurisdiction: San Gabriel County: Los Angeles Contact: Larissa De La Cruz, Senior Planner 425 South Mission Drive San Gabriel, CA 91778 Phone: 626-308-2806, ext. 4625 Email: ldelacruz@sgch.org Web: https://sangabrielcity.com/ Jurisdiction: San Juan Capistrano County: Orange Contact: Terri Delcamp, Historic Preservation Officer 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Phone: 949-443-6330 Email: tdelcamp@sanjuancapistrano.org Web: http://sanjuancapistrano.org/ Jurisdiction: San Luis Obispo (City) County: San Luis Obispo Contact: Brian Leveille, Senior Planner 990 Palm Ave. San Luis Obispo, CA 93401 Phone: 805-781-7166 Email: bleveille@slocity.org Web: https://www.slocity.org/ Jurisdiction: San Mateo (City) County: San Mateo Contact: Ronald Munekawa, Senior Planner 330 W. 20th Ave. San Mateo, CA 94403 Phone: 650-552-7202 Email: rmunekawa@cityofsanmateo.org Web: https://www.cityofsanmateo.org/ Oct. 19, 2021 Item #8 Page 15 of 23 Exhibit 2 Jurisdiction: Glendora County: Los Angeles Contact: David Chantarongsu, City Planner 116 E. Foothill Blvd. Glendora, CA 91741 Phone: 626-912-8217 Email: dchantarongsu@ci.glendora.ca Web: https://www.cityofglendora.org/ Jurisdiction: Highland County: San Bernardino Contact: Kim Stater, Redevelopment Assistant 27215 Baseline Highland, CA 92346 Phone: 909-864-8732 ext. 204 Email: kstater@cityofhighland.org Web: http://ci.highland.ca.us/ Jurisdiction: La Mesa County: San Diego Contact: Allyson Kinnard, Associate Planner 8130 Allison Ave. La Mesa, CA 91941 Phone: 6199-667-1196 Email: akinnard@ci.la-mesa.ca.us Web: http://www.cityoflamesa.us/ Jurisdiction: La Verne County: Los Angeles Contact: Arlene Andrew, Senior Planner 3660 D Street La Verne, CA 91750 Phone: 909-596-8706 Email: aandrew@ci.la-verne.ca.us Web: https://www.cityoflaverne.org/ Jurisdiction: Laguna Beach County: Orange Contact: Matina Speare Caron, Senior Planner 505 Forest Ave. Laguna Beach, CA 92651 Phone: 949-464-6629 Email: mcaron@lagunabeachcity.net Web: http://lagunabeachcity.net/ Jurisdiction: Santa Ana County: Orange Contact: Melanie McCann, Senior Planner PO Box 9188 (M-20) Santa Ana, CA 92702 Phone: 714-647-5842 Email: mmccann@santa-ana.org Web: https://www.santa-ana.org/ Jurisdiction: Santa Barbara (City) County: Santa Barbara Contact: Nicole Hernandez, Associate Planner 630 Garden Street Santa Barbara, CA 93101 Phone: 805-564-5470, ext. 4557 Email: nhernandez@santabarbaraca.gov Web: https://www.santabarbaraca.gov/ Jurisdiction: Santa Clara (City) County: Santa Clara Contact: Yen Hab Chen, Associate Planner 1500 Warburton Ave. Santa Clara, CA 95050 Phone: 408-615-2450 Email: ychen@santaclaraca.gov Web: https://www.santaclaraca.gov/ Jurisdiction: Santa Clara (County) County: Santa Clara Contact: Dana Peak, Historical Heritage Coordinator 70 W. Hedding Street San Jose, CA 94510 Phone: 408-299-5798 Email: dana.peak@pln.sccgov.org Web: https://www.sccgov.org/sites/scc/Documents/ho me.html Jurisdiction: Santa Monica County: Los Angeles Contact: Scott Albright, Senior Planner 1685 Main Street, Rm 212 Santa Monica, CA 90407-2200 Phone: 310-458-3880 Email: scott.albright@smgov.net Web: https://www.smgov.net/ Oct. 19, 2021 Item #8 Page 16 of 23 Exhibit 2 Jurisdiction: Larkspur County: Marin Contact: Kristin Teicahe, Heritage Preservation Board 400 Magnolia Ave. Larkspur, CA 94939 Phone: 415-927-5038 Email: kteicahe@ci.larkspur.ca.us Web: https://ci.larkspur.ca.us/ Jurisdiction: Long Beach County: Los Angeles Contact: Christopher Koontz, Advance Planning Officer 333 West Ocean Blvd., 7th Floor Long Beach, CA 90802 Phone: 562-570-6288 Email: christopher.koontz@longbeach.gov Web: http://www.longbeach.gov/ Jurisdiction: Los Altos County: Santa Clara Contact: Zachary Dahl, Associate Planner 1 N. San Antonio Rd. Los Altos, CA 94022 Phone: 650-947-2633 Email: zach.dahl@ci.los-altos.ca.us Web: https://www.losaltosca.gov/ Jurisdiction: Los Angeles (City) County: Los Angeles Contact: Lambert Giessinger, Historical Prop. Contracts Mgr. 221 N. Figueroa Street, Suite 1350 Los Angeles, CA 90012 Phone: 213-847-3648 Email: lambert.giessinger@lacity.org Web: https://www.lacity.org/ Jurisdiction: Los Angeles (County) County: Los Angeles Contact: Dean Edwards, Sr Regional Planning Assistant 320 West Temple Street, 13th Floor Los Angeles, CA 90012 Phone: 213-974-6435 Email: dedwards@planning.lacounty.gov Web: https://lacounty.gov Jurisdiction: Saratoga County: Santa Clara Contact: Shweta Bhatt, Assistant Planner 13777 Fruitvale Ave. Saratoga, CA 95070 Phone: 408-868-1266 Email: sbhatt@saratoga.ca.us Web: https://www.saratoga.ca.us/ Jurisdiction: Sierra Madre County: Los Angeles Contact: Kurt Christiansen, Director of Developmental Svcs. 232 W. Sierra Madres Blvd. Sierra Madre, CA 91024 Phone: 626-355-4239 Email: kchristiansen@ci.sierra-madre.ca.us Web: http://www.cityofsierramadre.com/ Jurisdiction: Sonoma (County) County: Sonoma Contact: Denise Peter, Planner III La Plaza A, 2300 County Center Dr., Suite A208 Santa Rosa, CA 95403 Phone: 707-565-7385 Email: dpeter@sonoma-county.org Web: http://sonomacounty.ca.gov/Home/ Jurisdiction: South Pasadena County: Los Angeles Contact: Edward Sissi, Assistant Planner 1414 Mission Street South Pasadena, CA 91030-3298 Phone: 626-403-7227 Email: esissi@southpasadenaca.gov Web: https://www.southpasadenaca.gov/ Jurisdiction: South San Francisco County: San Mateo Contact: Gerry Beaudin, Commission Secretary 315 Maple Ave. South San Francisco, CA 94080 Phone: 650-829-6630 Email: gbeaudin@ssf.net Web: https://www.ssf.net/ Oct. 19, 2021 Item #8 Page 17 of 23 Exhibit 2 Jurisdiction: Modesto County: Stanislaus Contact: Wayne Mathes, Cultural Services Manager 1010 10th Street Modesto, CA 95354 Phone: 209-577-5335 Email: wmathes@modestogov.com Web: http://www.modestogov.com/ Jurisdiction: Monrovia County: Los Angeles Contact: Steve Sizemore, Planning Division Manager 415 South Ivy Ave. Monrovia, CA 91016-2888 Phone: 626-932-5539 Email: ssizemore@ci.monrovia.ca.us Web: https://www.cityofmonrovia.org/ Jurisdiction: Monterey (City) County: Monterey Contact: Kim Cole, Planner Colton Hall, City Hall Monterey, CA 93940 Phone: 831-646-3885 Email: cole@ci.monterey.ca.us Web: https://monterey.org/ Jurisdiction: Monterey (County) County: Monterey Contact: Meg Clovis, Cultural Affairs Manager Monterey County Parks, PO Box 5249 Salinas, CA 93915 Phone: 831-755-4913 Email: clovism@co.monterey.ca.us Web: https://www.co.monterey.ca.us/ Jurisdiction: Napa (County) County: Napa Contact: None stated Planning, Building & Environmental Svcs. 1195 3rd Street, 2nd Floor Phone: 707-253-4417 Email: cdp@countyofnapa.org Web: https://www.countyofnapa.org/ Jurisdiction: St Helena County: Napa Contact: Carol Poole, Planning Director 1480 Main Street St Helena, CA 94574 Phone: 707-967-2921 Email: planning@ci.st-helena.ca.us Web: https://www.sthelena.com/ Jurisdiction: Sunnyvale County: Santa Clara Contact: Gerri Caruso, Principal Planner PO Box 3707 Sunnyvale, CA 94088 Phone: 408-730-7591 Email: gcaruso@ci.sunnyvale.ca.us Web: https://sunnyvale.ca.gov/ Return to Index Jurisdiction: Truckee County: Nevada Contact: Jenna Endres, Senior Planner 10183 Truckee Airport Road Truckee, CA 96161 Phone: 530-582-2922 Email: jendres@townoftruckee.com Web: https://www.townoftruckee.com/services Jurisdiction: Tulare (City) County: Tulare Contact: Howard Edson, Developmental Services Director 411 East Kern Ave. Tulare, CA 93274 Phone: 559-684-5631 Email: hedson@ci.tulare.ca.us Web: https://www.tulare.ca.gov/home Jurisdiction: Tuolumne (County) County: Tuolumne Contact: Bev Shane, Director, Community Development 2 South Green Street Sonora, CA 95370 Phone: 209-533-5633 Email: bshane@co.tuo.ca.us Web: https://www.tuolumnecounty.ca.gov/ Oct. 19, 2021 Item #8 Page 18 of 23 Exhibit 2 Jurisdiction: National City County: San Diego Contact: Martin Reder, Principal Planner 1243 National City Road National City, CA 91950 Phone: 619-336-4310 Email: Planning@ci.national-city.ca.us Web: https://www.nationalcityca.gov/ Jurisdiction: Nevada City County: Nevada Contact: Mark Prestwich, City Manager 317 Broad Street Nevada City, CA 95959 Phone: 530-265-2496, ext. 119 Email: mark.prestwich@nevadacityca.org Web: https://www.nevadacityca.gov/ Jurisdiction: Oakdale County: Stanislaus Contact: Steve Baker, City Administrator 280 N. Third Ave. Oakdale, CA 95361 Phone: 209-847-3031 Email: s.baker@ci.oakdale.ca.us Web: https://www.oakdalegov.com/ Jurisdiction: Oakland County: Alameda Contact: Betty Marvin, Historic Preservation Manager 250 Frank H. Ogawa Plaza, Suite 3315 Oakland, CA 94612 Phone: 510-238-6879 Email: bmarvin@oaklandnet.com Web: https://www.oaklandca.gov/ Jurisdiction: Ontario County: San Bernardino Contact: Diane Ayala, Senior Planner 303 East B Street Ontario, CA 91764 Phone: 909-395-2428 Email: dayala@ci.ontario.ca.us Web: https://www.ontarioca.gov/ Jurisdiction: Turlock County: Stanislaus Contact: Debbie Whitmore, Dep. Director, Dev. Svcs. 1565 Broadway, Suite 120 Turlock, CA 95380-5454 Phone: 209-668-5640 Email: dwhitmore@turlock.ca.us Web: https://www.cityofturlock.org/ Jurisdiction: Tustin County: Orange Contact: Scott Reekstin, Principal Planner 300 Centennial Way Tustin, CA 92780 Phone: 714-573-3016 Email: sreekstin@tustinca.org Web: https://www.tustinca.org/ Jurisdiction: Upland County: San Bernardino Contact: John Atwater, Senior Planner 460 N. Euclid Street Upland, CA 91786 Phone: 909-931-4132 Email: jatwater@ci.upland.ca.us Web: https://www.uplandca.gov/ Jurisdiction: Vallejo County: Solano Contact: Bill Tuikka, Planner 555 Santa Clara Street Vallejo, CA 94590 Phone: 707-648-5391 Email: bill.tuikka@cityofvallejo.net Web: https://www.cityofvallejo.net/ Jurisdiction: Ventura (City) County: Ventura Contact: Brian Randall, Planning Department 501 Poll Street Ventura, CA 93002-0099 Phone: 805-654-7882 Email: brandall@ci.ventura.ca.us Web: https://www.cityofventura.ca.gov/ Oct. 19, 2021 Item #8 Page 19 of 23 Exhibit 2 Jurisdiction: Ventura (County) County: Ventura Contact: Dillan Murray, Cultural Heritage Program Planner 800 S. Victoria Ave., L#1740 Ventura, CA 93009 Phone: 805-654-5042 Email: Dillan.Murray@ventura.org Web: https://www.ventura.org/ Oct. 19, 2021 Item #8 Page 20 of 23 COST BREAKDOWN IMPLEMENTATION COSTS TO ADMINISTER A MILLS ACT CONTRACT FOR EACH HISTORIC RESOURCE Task Consultant Cost (Applicant Pays) City Service Fee/Cost (Applicant Pays) Pre-approval Inspection and Preservation Plan $7,000 to $10,000 --- Application Processing --- est. < $500 Historic Preservation Commission Staff Report and Hearing $250 est. < $1,000 City Council Staff Report and Hearing $250 est. < $1,000 Contract Execution --- est. < $500 Recording Fees < $50 --- Maintenance or Treatment Plan Varies significantly --- Five-Year Inspection(s) --- est. < $500 each Exhibit 3 Oct. 19, 2021 Item #8 Page 21 of 23 GENERAL PLAN CONSISTENCY ANALYSIS The ability to enact city ordinances flows directly from the city’s general police power, which among other things specifies that city ordinances must be consistent the city’s general plan. Since the City Council is only considering the initiation of a work program to implement the Mills Act at its meeting on October 19, 2021, it is helpful to prepare a preliminary assessment regarding General Plan conformance to ensure that the prospective work program would be consistent with General Plan policies. Based on a preliminary review, the prospective work program would be consistent with the following General Plan policies: Land Use and Community Design Element 2-G.32 Celebrate the Barrio’s history and resources, and foster development of cohesive streetscapes with strategic improvements, including plazas where feasible. Staff notes on consistency with the Land Use Element: Continued investment in historic communities and buildings is widely recognized as contributing to the goals of neighborhood revitalization. The prospective Mills Act Program would be consistent with this policy because it provides a financial incentive to private property owners to protect and rehabilitate privately-owned properties and encourage private owners to protect cultural heritage resources. Open Space, Conservation, and Recreation Element 4-P.34 Promote expansion of recreational and educational use opportunities in areas of significant ecological value, such as lagoons, where discretionary use of the resource allows. Consider partnering with private foundations for the conservation of such lands and the development of educational programming. •Combine historically significant sites with recreational learning opportunities, where possible. •Utilize community parks in support of historical and cultural programs and facilities when feasible and appropriate. •Coordinate the efforts of the Historic Preservation Commission on the siting and care of historic ruins within parks Staff notes on consistency with the Open Space, Conservation, and Recreation Element: Promoting the preservation and enhancement of landmarks, sites, and buildings would help facilitate a greater interest in cultural, historical, archaeological and urban design significance. The prospective Mills Act Program would be consistent with this policy because participation in the program encourages the preservation and enhancement of properties in Exhibit 4 Oct. 19, 2021 Item #8 Page 22 of 23 accordance with the Secretary of the Interior Standards, which would lead to an expansion of recreational and educational opportunities. Arts, Culture, History, and Education Element 7-G.1 Recognize, protect, preserve, and enhance the city’s diverse heritage. 7-G.2 Make Carlsbad’s history more visible and accessible to residents and visitors. 7-P.2 Encourage the use of regional, state and federal programs that promote cultural preservation to upgrade and redevelop properties with historic or cultural value. Consider becoming a participant in the Mills Act tax incentive program. 7-P.3 Formalize a program of historical markers/plaques at resources in state and national registers or of local importance. 7-P.4 Promote community education of historic resources, integration and celebration of such resources as part of community events: a. Enhance the community’s recognition that objects of historic importance increase both fiscal and community value. b. Promote the use of historic resources for the education, pleasure and welfare of the people of the city. Cooperate with historic societies, schools, libraries, parks and community members to stimulate public interest in historic preservation. c. Maintain historical reference materials on file at the Carlsbad City Library. 7-P.5 Encourage the rehabilitation of qualified historic structures through application of the California Historical Building Code. 7-P.6 Ensure compliance with the City of Carlsbad Cultural Resource Guidelines to avoid or substantially reduce impacts to historic structures listed or eligible to be listed in the National Register of Historic Places or the California Register of Historical Resources. Staff notes on consistency with the Arts, Culture, History, and Education Element: The prospective Mills Act Program would be consistent with these policies because participation in the program encourages the preservation and enhancement of properties, which helps encourage private owners to protect cultural heritage resources. The use of the Mills Act is an integral part of many successful historic rehabilitation projects in the state. Therefore, the prospective Mills Act Program would help incentivize the rehabilitation of existing properties as a cost-effective alternative to new, more expensive construction and protect and preserve the city’s diverse heritage and make it more visible and accessible to residents, businesses, and other community members. Oct. 19, 2021 Item #8 Page 23 of 23 Tammy Cloud-McMinn From: Sent: To: Cc: Subject: maryanneviney@dslextreme.com Tuesday, October 19, 2021 1 :59 PM Council Internet Email City Clerk October 19, City Council Meeting, Item# 8: INFORMATION ON THE MILLS ACT All Receive -Agenda Item # :J!t.. For the Information of the: Honorable Mayor and City Council Members, CITY COUNCIL Date 1d19/J.) CA v CC ✓ CM_~_ACM ~CM(3) ,..-- Please consider lending your support to help maintain Carlsbad historic structures through the Mills Act, including the Culver House, as one example. The option to maintain historic structures through the Mills Act can serve to complement and enliven the vision of the proposed Arts and Culture District, in concert with the Village and Barrio Master Plan. Per the City's goals, the option could help "Further support the promotion and development of the Village and Barrio's unique attributes". The California Cultural District site "Encourages the preservation and reuse of historic buildings and other artistic and culturally significant structures". I appreciate your consideration. Sincerely, Mary Anne Viney CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: AM Lafferty <alaff.nsad@gmail.com > Tuesday, October 19, 2021 10:27 AM To: Cc: City Clerk; Matthew Hall; Keith Blackburn; Peder Norby; Priya Bhat-Patel; Teresa Acosta Gary Barberio; Curtis Jackson; Geoff Patnoe; Don Neu; Suzanne Smithson Subject: Re: Public Comment-Culver House 3140 Highland Drive, Carlsbad Attachments: 04-30-21 Memo -Culver Myers Capp House Located at 3140 Highland Drive (District 1) (2).pdf Honorable Mayor Matt Hall and Members of the City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 All Receive -Agenda Item # ..B_ For the Information of the: CITY COUNCIL Date 10/11/JtA v CC .,,.,,,,- CM ,..--ACM .,.....--DCM (3) ~ Subject: Historic Culver/Myers/Capp House, 3140 Highland Drive, Carlsbad, California 92008 Dear Carlsbad City Council, Please support the effort to adopt the Mills Act. The following actions by Council could maintain the historic resource status and preserve the Culver house. 1. Implement goals and policies designed to protect local historic resources throughout the City. 2. Adopt the Mills Act to incentiviie preservation of local historically designated properties. 3. Reinstate the pre-1990 local list of historic resources. A City Council approved local Historic Resource List to adopt the Mills Act is needed. Attached is Carlsbad City Council Memorandum of 4/30/2021, including the approved letter from the Historic Preservation Commission dated 4/15/2021, identifying the pre-1990 local Historic Resource List. Developing a program for Council to adopt the Mills Act as a tool for preservation restoration, could help maintain the historic status of the Culver House and other significant local landmarks in Carlsbad. Thank you for considering these actions. Alicia Lafferty, AIA 3936 Jefferson Street Carlsbad, CA 92008 Serving as Planning Commission Member and Ex-Officio Member of the Carlsbad Historic Preservation Commission On Mon, Apr 5, 2021 at 4:03 PM AM Lafferty <alaff.nsad@gmail.com> wrote: Carlsbad City Council, Please include the attached letter for the general public comments during the Carlsbad City Council meeting scheduled for April 6, 2021. Thank you, Alicia Lafferty 1 To the members of the: CITY COUNCIL Date ~ l~i, f-z1 CA ✓ CC ./ CM_✓Adi /ocM (3)2 April 30, 2021 Council Memorandum To: Honorable Mayor Hall and Members of the City Council From: Gary Barberio, Deputy City Manager, Community Services Suzanne Smithson, Library & Cultural A~irector {city of Carlsbad Memo ID# 2021091 Via: Geoff Patnoe, Assistant City Manager ~ Re: Culver-Myers~Capp House Located at 3140 Highland Drive (District 1) This memorandum serves as a transmittal of a letter from the Historic Preservation Commission to the City Council regarding options to preserve the Culver-Myers-Capp house located at 3140 Highland Drive. Background Following public comment received at the Jan. 11, 2021, Historic Preservation Commission Meeting and public comment received at the Jan. 12, 2021, City Council Meeting, the Historic Preservation Commission discussed the Culver-Myers-Capp house at the March 8, 2021, Historic Preservation Commission Meeting. Commissioners voted to draft a letter from the Historic Preservation Commission to be presented to City Council regarding options to preserve the historic home. The Historic Preservation Commissioners drafted, discussed and approved a letter at a Special Meeting held April 15, 2021 (Attachment A). An earlier memorandum on this issue was provided to the City Council on Jan. 28, 2021 (Attachment B). Next Steps The attached letter from the Historic Preservation Commission lists and suggests actions that the City Council could take to preserve the Culver-Myers-Capp house. There are currently no city plans associated with the acquisition or preservation of the Culver-Myers-Capp house. If the City Council would like staff to pursue any actions regarding the property, the City Council would need to provide such direction to city staff at a future City Council Meeting. Staff will be presenting a list of historic properties to the City Council in the upcoming months to clarify which historic properties comprise the city's current voluntary historic property inventory. Community Services Library & Cultural Arts 1775 Dove Lane I Carlsbad, CA 92011 I 760-602-2011 t Council Memo -Culver-Myers-Capp House Located at 3140 Highland Drive April 30, 2021 Page 2 Attachment: A B. Letter from the Historic Preservation Commission, approved April 15, 2021 Memo to City Council dated Jan. 28, 2021 cc: Scott Chadwick, City Manager Celia Brewer, City Attorney Jeff Murphy, Community Development Director Curtis Jackson, Real Estate Manager higher density development without a Council approved list of historic resources. Community support of historic preservation has been evidenced in the 2009 Envision Carlsbad papers, most recently in survey comments for the Housing Element requesting to "keep the historic character of the city ... ". To protect vulnerable structures throughout Carlsbad, the Historic Preservation Commission recommends that Council reaffirm the extant properties designated as landmarks, historic sites or points of interest between 1986 and 1990 as the city's current historic resources inventory then incentivize private owners to rehabilitate and preserve these significant properties by adopting the Mills Act. The result of these two actions by Council will provide the City the ability to implement several goals and policies aimed at preserving existing housing stock to avoid deterioration and maintain adequate housing opportunities. As mentioned, a Council approved Historic Resource Inventory is needed to adopt the Mills Act. Please consider approving the list of (13) structures to reinstate Carlsbad's Historic Resource Inventory when it is brought to Council. Also consider adopting the Mills Act as a tool for historic preservation restoration to maintain the historic site status of the Culver House. Thank you for considering these actions, Carlsbad Historic Preservation Commission SNS: jd Laurie Boone, Vice Chair Pearl Ly Robert Prosser cc: Scott Chadwick, City Manager Celia Brewer, City Attorney Geoff Patnoe, Assistant City Manager Gary Barberio, Deputy City Manager 1 Council Memo -Culver-Meyers-Cap House Located at 3140 Highland Drive, Jan. 28, 2021 11 Mills Act Historical Properties Information by the Assessor/ Recorder/ Clerk -County of San Diego 111 Highlighted text in the following documents reference City goals and policies including: Carlsbad General Plan, Chapter 7.2 Historic and Cultural Resources found in the Envision Carlsbad Working Paper 4 -History, the Arts and Cultural Resources (p. 7-11); The Village and Barrio Master Plan goals and policies in Chapter 1.5, Section 1.5.1 Land Use and Community Character, E. items 1, 2 & 3: Recognize and support the historical roots of the Village and Barrio (p. 1-13); Draft Local Coastal Program Land Use Plan Chapter 5, Section 5.5, Paleontological and Cultural Resources: Policies LCP-5-P.19, 20 & 21 (p. 5-41). Library and Cultural Arts 1775 Dove Lane I Carlsbad, CA 92011 I 760-602-2011 I www.carlsbadlibrary.org Council Memo -Culver-Myers-Capp House Located at 3140 Highland Prive Jan. 28, 2021 Page 2 Growth Management Program (GMP). Parks & Recreation Master Plan and Strategic Action 'Plan There is currently a GM P parkland surplus of 14.2 acres in the northwest quadrant of the city and a deficit in park land in the northwest quadrant at build out is not projected. Thus, the Culver House is not needed by the city to address the GMP Parks Performance Standard . . Further, the acquisition, refurbishment, and on-going maintenance of the Culver House is not currently included in the City Council approved Parks & Recreation Department Master Plary and Strategic Action plan. Real Estate Strategic Plan On Oct. 17, 2017, the City Council approved the Real Estate Strategic Plan (Strategic Plan). The purpose of the Strategic Plan was to take a more strategic approach to how the city's major real estate assets are managed, both to maximize the return on the investment of public dollars and to leverage properties for the greatest public benefit,. including addressing future city facility needs. The Strategic Plan included recommendations for 21 city-owned real estate assets, of which the Culver House was not included. Therefore, the acquisition of the Culver House is not currently ·included in the City_ Council approved Real Estate Strategic Plan. Next steps There are currently no city plans associated with the acquisition of the Culver House. If the City Co~ncil would like staff to pursue the acquisition of the Culver House, the City Council would need to provide such direction to city staff at a future City Council Meeting. Attachment: Jan. 8, 2021 Email cc: Scott Chadwick, City Manager Celia Brewer, City Attorney l<yle Lancaster, Parks & Recreation Director Suzanne Smithson, Library & Cultural Arts Director Attachment A From: paul <paulabo@gmail.com> Sent: Friday, January 8, 20211:54:29 PM To: rebecca holbert <rebecca.ho lbert@gmail.com>; Matthew Hall <Matt.Hall@carlsbadca.gov>; Council Internet Email <CityCouncil@carlsbadca.gov>.; Scott Chad~ick <Scott.Chadwick@carlsbadca.gov> Sub)ect: Historic Culver House To the Mayor, City Council, Historic Preservation Commission, and the City Manager of Carlsbad; We are writing to you regarding the historic Culver house of 1887 located at 3140 Highland Drive. Our grec:1t uncle, Gerald Capp, purchased the house in 1969. Uncle Jerry, as he was known, recently passed away. He loved this house. He put twenty years of active work and love into it, including installing an electrical system, plumbing for indoor bathrooms to replace the outhouse, and doing the stained glass window work himself. The historic house sits on over an acre of land on· the corner of Highland Drive and Oak-Street that has Torrey pines, fruit trees and cacti that he planted. It's a sanctuary for many animais and birds. Mr. Capp bequeathed the house and property to eight members of the family and the reality is that the house will likely need to be sold and the proceeds divided. His grand niece, Rebecca, grew up in this house. She knows how much it meant to him. We do not want this house to be torn down and the land developed. We are writing in the hopes that the city of Carlsbad might be able to purchase the house and land in order to preserve it as a historic landmark and park for the enjoyment of the people of Carlsbad. Uncle Jerry would have loved nothing morel The history of this home, as outlined in this article, is a bit of a legend. The home was built by Alonzo Jackson Culver who also built the Twin Inns. Leftover lumber from the Twin Inns was used to build this sister home. The legend goes that Culver smuggled Chinese immigrants who had worked on the railroads until he was caught in 1900 and sent to McNeil Island Penitentiary. Reportedly there are tunnels that run between the barn and the house. Although these tunnels have yet to be discovered there is evidence of these people in the Mandarin inscriptions etched into the walls of the cellar. This writing has yet to be translated. The home was then passed to the Myers family where local artist Gertrude Meyers spent her whole life. We've found pieces of her art and sketchings throughout the house. She died the same day the home went into escrow. Yo1.1 can see the location of the h·ouse on page 17 of the Carlsbad city Working Paper on History, the Arts, and Cultural Resourc_es. The Carlsbad Historical Society's 30th Anniversary presentation on historic Carlsbad architecture also describes the Victorian Queen Anne style of the home on page 2. Attached to this email are some pictures of the interior of the hqme today, the house following the Capp renovation years, the current exterior, and the house as it was when purchased by Mr. Capp. This home is a monument to the past. Uncle Jerry, an engineer, was amazed at the woodwork, all done without the use of electric tools. Many have given to this place and it's our hope that it lives on with the people of Carlsbad as a place of respite and wonder. A place to reflect on where we come from, where we are now, and where we want to go in the future. We would love to be able to speak at the January 11th meeting of the Historic Preservation Commission. Sincerely, Rebecca Holbert and Paul Abodeely !CAUTION: Do not open attachments or click on Jinks unless you recognize the sender and know the content is sate! Mike Strong, Assistant Community Development Director Community Development Department Oct. 19, 2021 Information on the Mills Act {_city of Carlsbad TODAY’S PRESENTATION •Mills Act background •Program requirements •Steps to develop the program ITEM 8: MILLS ACT INFOROMATION ('city of Carlsbad PROPOSED ACTION Receive an informational presentation on the purpose of the Mills Act and provide direction to staff as appropriate. ITEM 8: MILLS ACT INFORMATION ('city of Carlsbad MILLS ACT BACKGROUND •The Mills Act is legislation that creates a program for local governments (optional) •A tax incentive to encourage preservation -Contract is for ten years, with extensions •All authority is given to local governments ITEM 8: MILLS ACT INFORMATION MILLS ACT PROGRAM potential tax incentive for historic properties ( City of Carlsbad HOW THE MILLS ACT PROGRAM WOULD WORK •Prospective applicants need to determine eligibility -Need to be listed as a resource or point of interest in a historic inventory •Applicant hires someone to perform pre-approval inspections •Once complete, application may be filed with the city ITEM 8: MILLS ACT INFORMATION ('city of Carlsbad HOW THE MILLS ACT PROGRAM WORKS CONT’D •Contract specifies an approved improvement list -Federal and local standards apply •Contract timelines -The city is responsible for recording executed contracts -Needs to be recorded by December 31st ITEM 8: MILLS ACT INFORMATION ('city of Carlsbad HOW THE MILLS ACT PROGRAM WORKS CONT’D •Once draft contract is ready, item is considered by HPC and CC •In exchange for tax relief, owner agrees to restore or maintain historic property •Tax rolls are reassessed for the next fiscal year •Owner agrees to periodic visits for inspection ITEM 8: MILLS ACT INFORMATION ('city of Carlsbad POTENTIAL BENEFITS TO THE CITY •Incentive based approach to preservation •Helps promote preservation •Program is flexible –city is in control -city controls number of contracts -city can terminate contracts if desired •Most of the property tax loss is not from the city ITEM 8: MILLS ACT INFORMATION ('city of Carlsbad POTENTIAL BENEFITS TO THE PROPERTY OWNER •Creates an incentive to restore and maintain historic property -property tax savings of 40% and 60% •Tax benefit runs with title •Tax benefit is indefinite ITEM 8: MILLS ACT INFORMATION MILLS ACT PROGRAM potential tax incentive for historic properties ( City of Carlsbad STEPS TO DEVELOP A CITY MILLS ACT PROGRAM •Award a professional services agreement •Develop the program and implementing documents •Conduct stakeholder outreach •Decision-making process ITEM 8: MILLS ACT INFORMATION ('city of Carlsbad NEXT STEPS –WORK PROGRAM TIMELINE Oct. 2021 City Council authorization to work on a Mills Act Program Dec. 2021 Execute contract with consultant June –July 2022 HPC and PC review and recommendation Jan. 2022 –May 2022 Develop program and conduct outreach July or August 2022 City Council consideration ITEM 8: MILLS ACT INFORMAITON 0 u u ('city of Carlsbad