HomeMy WebLinkAbout2004 CON Jeannette Salazar - 928 A Avenue - Mills Act ContractCam{
Recording Requested by and When
Recorded Please Mail to:
Michael R. Dalla
City Clerk
City of National City
1243 National City Boulevard
National City, CA 91950-4301
rif
CEO # 2004-1 1 64
1111 III III IIIII IIIII 11111 I III 1111111111 IIIII IIIII 11111 IIII 1111
DEC 10, 2004 8:57 AM
OFFICIAL RECORDS
SAN DIEGO COUNT'' RECORDER'S OFFICE
GREGOR`(J. SMITH, COUNTY RECORDER
FEES. 44.00
PAGES: 8
IIIIIII1IIIIIIIIIIIIIIIIIIIIIIihIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1111
APN: 556-471-12
Above Space for Recorder's Use Only.
MILLS ACT CONTRACT
For property located at 928 A Avenue
THIS CONTRACT is entered into by and between THE CITY OF NATIONAL CITY, a
municipal corporation ("CITY") and Jeannette Salazar ("OWNER").
RECITALS
WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills
Act, authorizes cities to enter into contracts with the owners of qualified historic properties to
provide for the use, maintenance, and restoration of such historic properties so as to retain their
characteristics as properties of historic significance.
WHEREAS, Owner possesses fee title in and to that certain real property, together with
associated structures and improvements thereon, Assessor's Parcel No. 556-471-12, and located
at the street address 928 A Avenue, National City, California, (the "Historic Site").
WHEREAS, the National City Council has designated the above property as a Historic
Site and it is so listed and currently eligible for listing in the "List of Identified Historic Sites in
National City".
WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this
Contract both to protect and preserve the characteristics of historic significance of the Historic
Site and to qualify the Historic Site for an assessment of valuation pursuant to the provisions of
Article 1.9 (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of the California
Revenue and Taxation Code, and of Article 12 (commencing with Section 50280) of Chapter 1
of Part 1 of Division 1 of the California Government Code (and as amended from time to time).
NOW THEREFORE, in consideration of the mutual benefits and covenants, City and
Owner agree as follows:
1. Compliance with Council Policy. Owner shall comply with City Council Resolution No.
2002-67 incorporated herein by this reference.
2. Eligibility. To be eligible for this Contract, the Historic Site shall be listed and shall be
currently eligible for listing in the "List of Identified Historic Sites in National City."
3. Standards for Historic Site. During the term of this Contract, the Historic Site shall be
subject to the following conditions, requirements, and restrictions:
a. Owner shall preserve and maintain the Historic Site, and when necessary, restore
and rehabilitate the Historic Site to conform to the rules and regulations of the
Office of Historic Preservation of the Department of Parks and Recreation, the
United States Secretary of the Interior's Standards for Rehabilitation, and the
State Historical Building Code, as amended from time to time. Work shall be
done in accordance with the attached schedule of potential home improvements
drafted by the Owner (Attachment A).
b. Owner shall maintain all buildings, structures, yards and other improvements in a
manner which does not detract from the appearance of the immediate
neighborhood. The following conditions are prohibited:
i. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs,
doors, walls and windows;
ii. Scrap lumber, junk, trash or debris;
iii. Abandoned, discarded or unused objects or equipment, such as
automobiles, automobile parts, furniture, stoves, refrigerators, cans,
containers, or similar items;
iv. Stagnant water or excavations, including swimming pools or spas;
v. Any device, decoration, design, structure or vegetation which is unsightly
by reason of its height, condition, or its inappropriate location.
c. Owner shall allow reasonable periodic examination of the interior and exterior of
the Historic Site, by prior appointment, if a request is made by representatives of
the City of National City Planning Department, the Community Development
Commission of the City of National City, County Assessor, State Department of
Parks and Recreation, or the State Board of Equalization, as may be necessary to
determine Owner's compliance with the Contract.
d. Owner shall allow visibility of the exterior of the structure from the public right-
of-way.
e. Should Owner apply to City for a permit for demolition, substantial exterior
alteration or removal of the Historic Site, Owner shall attend and participate in a
scheduled hearing regarding such application before the board or commission
2 Mills Act Contract
i1/14/02
designated by the City Council to oversee City's historic resources prior to the
issuance of such permit, so long as such hearing is completed no longer than three
(3) weeks after owner submits such application to City.
f. Notwithstanding the foregoing subparagraph 3.e, should Owner apply to City for
a permit for the demolition, substantial exterior alteration or removal of the
Historic Site, Owner shall comply with all City and State of California
environmental regulations, policies and requirements prior to City's issuance of
the requested permit.
4. Information of Compliance. Owner hereby agrees to furnish City with any and all
information requested by City which City deems necessary or advisable to determine
compliance with the terms and provisions of this Contract.
5. Cancellation. City, following a duly noticed public hearing as set forth in California
Government Code Sections 50280, et seq., may cancel this Contract if it determines that
Owner has breached any of the conditions of this Contract or has allowed the property to
deteriorate to the point that it no longer meets City's or the State's standards for a
qualified historic property. In addition, City may cancel this Contract if•it determines that
Owner has failed to restore or rehabilitate the Historic Site in the manner specified in
subparagraph 3(a) of this Contract, or has demolished, substantially altered, or removed
the Historic Site. In the event of cancellation, Owner shall be subject to payment of those
cancellation fees set forth in California Government Code Section 50280, et seq.
6. Enforcement of Contract. In lieu of and/or in addition to any provisions related to
cancellation of the Contract as referenced herein, City may specifically enforce or enjoin
the breach of the terms of this Contract. In the event of a default under the provisions of
this Contract by Owner, City will give written notice to Owner by registered or certified
mail addressed to the address stated in this Contract, and if such a violation is not
corrected to the reasonable satisfaction of City within thirty (30) days (provided that acts
to cure the breach or default must be commenced within thirty (30) days and must
thereafter be diligently pursued to completion by Owner), then City may, without further
notice, declare a default under the terms of this Contract and may bring any action
necessary to specifically enforce the obligations of Owner growing out of terms of this
Contract, or may apply to any state or federal court for injunctive relief against any
violation by Owner or may apply for such other relief as may be appropriate. City does
not waive any claim of default by Owner if City does not enforce or cancel this Contract.
All other remedies of law or in equity which are not otherwise provided for in this
Contract or in City's regulations governing historic sites are available to City to pursue in
the event there is a breach of this Contract. No waiver by City of any breach or default
under this Contract shall be deemed to be a waiver of any other subsequent breach
thereof or default hereunder.
7. Binding Effect of Contract. Owner hereby subjects the Historic Site to the covenants,
reservations and restrictions as set forth in this Contract. City and Owner hereby declare
their specific intent that the covenants, reservations, and restrictions as set forth herein
3 Mills Act Contract
11/14/02
shall be deemed covenants running with the land and shall pass to and be binding upon
Owner's successors and assigns in title or interest to the Historic Site. Each and every
contract, deed, or other instrument hereinafter executed, covering or conveying the
Historic Site, 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 Contract regardless of whether such covenants, reservations, and restrictions are
set forth in such contract, deed, or other instrument. City and Owner hereby declare their
understanding and intent that the burden of the covenants, reservations, and restrictions
set forth herein, touch and concern the land, in that Owner's legal interest in the Historic
Site is rendered less valuable thereby. City and Owner hereby further declare their
understanding and intent that the benefit of such covenants, reservations and restrictions
touch and concern the landby enhancing and maintaining the historic characteristics and
significance of the historic Site for the benefit of City, the public, and Owner.
8. Processing Fee. Owner shall pay to City a graduated processing fee of $100 per
$100,000 of assessed value of the Historic Site, not to exceed $500, prorated to actual
assessed value.
9. Effective Date and Term of Contract. This Contract shall be effective and commence on
November 16, 2004, and shall remain in effect for a term of ten (10) years thereafter.
Each year upon the anniversary of the effective date, such initial term will automatically
be extended as provided in paragraph 10 below.
10. Renewal. Each year on the anniversary of the effective date of this Contract (the
"renewal date"), a year shall automatically be added to the initial term of this Contract
unless notice of non -renewal is mailed as provided herein. If either Owner or City
desires, in any year, not to renew this Contract, Owner or City shall serve written notice
of non -renewal on the other party in advance of the annual renewal date of the Contract.
Unless such notice is served by Owner to City at least ninety (90) days prior to the annual
renewal date, or served by City to Owner at least sixty (60) days prior to the annual
renewal d ate, one (1) y ear shall automatically be added to the term of the Contract as
provided herein. Upon receipt by Owner of a notice of non -renewal from City, Owner
may make a written protest of the notice. City may, at any time prior to the annual
renewal date of the Contract, withdraw its notice of non -renewal. If either City or Owner
serves notice to the other of non -renewal in any year, the Contract shall remain in effect
for the balance of the term then remaining, either from its original execution or from the
last renewal of the Contract, whichever may apply.
1 l . Notice. Any notice required to be given by the terms of this Contract shall be provided at
the address of the respective parties as specified below or at any other address as may be
later specified by either party.
4 Mills Act Contract
11/14/02
To City:
City of National City
Director of Planning
1243 National City Boulevard
National City, CA 91950-4301
12. General Provisions.
To Owner(s):
Jeannette Salazar
928 A Avenue
National City, CA 91950
a. None of the terms, provisions, or conditions of this Contract shall be deemed to
create a partnership between the parties and any of their heirs, successors, or
assigns, nor shall such terms, provisions, or conditions cause them to be
considered joint ventures or members of any joint enterprise.
b. Owner agrees to and shall indemnify, defend and hold harmless City and its
elected officials, officers, agents, employees and volunteers from any and all
liability, loss, damage to property, injuries to, or death of any person or persons,
which may arise from the activities of Owner or those of his or her contractor,
subcontractor agent, employee or other person acting on his or her behalf which
relate to the use, operation, and maintenance of the Historic Site by virtue of this
Contract. This obligation applies to all damages and claims for damages suffered,
or alleged to have been suffered, by reason of the use, operation and maintenance
of the Historic Site pursuant to this Contract, regardless of whether or not the City
prepared, supplied, or approved the plans, specifications, or other documents for
the Historic Site.
c. All of the agreements, rights, covenants, reservations, and restrictions contained
in this Contract shall be binding upon and shall inure to the benefit of the parties
herein, their heirs, successors, legal representatives, assigns and all persons
acquiring any part or portion of the Historic Site, whether by operation of law or
in any manner whatsoever.
d. In the event that any of the provisions of this Contract are held to be
unenforceable or invalid by any court of competent jurisdiction, or by subsequent
preemptive legislation, the validity and enforceability of the remaining provisions,
or portions thereof shall not be effected thereby.
e. This Contract shall not take effect unless and until Owner's signature is notarized
by a notary public. Furthermore, if an agent or representative of Owner signs this
Contract on behalf of Owner, the agent or representative must furnish proof to the
satisfaction of City, that the agent or representative has authority to act on
Owner's behalf.
f.
g•
This Contract shall be construed and governed in accordance with the laws of the
State of California.
Owner or an agent of Owner shall provide written notice of this Contract to the
5 Mills Act Contract
11/14/02
State Office of Historic Preservation within six (6) months of entering into the
Contract.
13. Recordation. No later than twenty (20) days after the parties execute and enter into this
Contract, City shall cause this Contract to be recorded in the office of the County
Recorder of the County of San Diego.
14. Amendments. This Contract may be amended only by a written and recorded instrument
executed by the parties hereto.
CITY OF NATIONAL CITY
Date: November 16, 2004
By:
Nick or
Date: Date: November 16, 2004
Attest:
By: 4
Mi ael R. Dalla, City Clerk
Date:
NovambPr 16, 2004
Approved as to form:
By:
George H. Eiser, III
City Attorney
OWNER(S) OF RECORD
Date:
Title:
OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF
NOTAR Y PAGE WITH SIGNATURE AND SEAL.
6 Mills Act Contract
1 1 / 14/02
Attachment A
Restoration and maintenance plan for 928 A Avenue:
1. Paint upper windows, repair woodwork as needed.
2. Maintain exterior paint.
3. Re -paint porch stairs and rail, replace wood as needed.
In addition, the property owner agrees to the following:
1. Acknowledges that the view of Brickrow from the alley/rear portion of the complex is
important and must be addressed as part of the maintenance of the property.
2. Will coordinate paint color for all exterior finishes, and adhere to a certain uniformity
and historical accuracy.
3. Will participate in presenting a plan to the City relative to the closure or partial
closure, or other solutions, of both the alley and A Avenue rights -of -way.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of 7 �tiv io
On %/qy /4 , ,,oa
Date
personally appeared .U'/UE/7z
LOUISE BRANCH
_ ? � Commission # 1387300
Nolo,Y Pubic - Ca$omia
�T ►f SanDiogoCounW
*Comm. Expires Nov26,
before me, Li)/ DT.i,E Tdl /
Name and Title of Officer (e.g., 'Jane Doe, Notary Public")
Name(s) of Signer(s)
❑ personally known to me
proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s is/ re
subscribed to the within instrument and
acknowledged to me that h he)hey executed
the same in his er heir authorized
capacity(ies), and that by hiseE7their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and)official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document�/y
Title or Type of Document: �//L& 41- C iiCJTier rc T 9fc,7* / /46/
Document Date: // — / Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
❑ Corporate Officer — Titfe(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
m...,/,4,42:4 TC.i 0,a,t4f• .v9.,,,ffe.4v: :��CWC`✓ s ry 4."`✓G�✓�✓"0.�sv
m 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotaryorg
Prod. No. 5907
Reorder Call Toll -Free 1.600-876-8827
Page 1 of 1
Charley Marchesano
From: Roger Post
Sent: Thursday, July 24, 2003 9:15 AM
To: Steve Ray; Charley Marchesano; Andrew
Subject: FW:
FYI
Original Message
From: Paul Desrochers
Sent: Thursday, July 24, 2003 8:45 AM
To: Roger Post
Cc: 'martinelli39@msn.com'
Subject:
MEMORANDUM
COMMUNITY DEVELOPMENT COMMISSION
NATIONAL CITY
July 24, 2003
To: Roger Post, Planning Director
From: Paul Desrochers, Executive Director
Subject: Case file # M-2003-1 916 A Avenue
Case file # M-2003-2 928 A Avenue
By memo dated May 19,2003, regarding the above I provided comments relative to the application for a
Mills Act Historic Building application. After further review I have revised my comments as follows:
These and other Brickrow homeowners must, in addition to normal maintenance of their homes:
1. Acknowledge that the view of Brickrow from the alley/rear portion of the complex is important
and must be addressed as part of the maintenance of the property.
2. Coordinate paint color for all exterior finishes; adhere to a certain uniformity and historical
accuracy.
3. Present a plan to the City relative to the closure or partial closure or other solutions to both the
alley and A Ave rights -of -way.
On behalf of the Community Development Commission, I support the application of the Mills Act to the
above two residential units. I urge the owners of these units to encourage all the owners of Brickrow to
participate in the program and to form an association that will address common problems. With
redevelopment now occurring, it is essential that that alley view of the complex be upgraded.
7/24/03
l/
NATIONAL CITY, CALIFORNIA
MILLS ACT CONTRACT
APPLICATION
File application with:
National City Planning Department
1243 National City Boulevard
National City, California 91950
(619)336-4310
FOR DEPARTMENT USE ONLY
Case Number M `' I ' •Ob-5 -
Filing Fee $ 1 O 0 Receipt No.
Date Received 4, 2ti D' By
Make checks payable to the City of National City
PROPERTY DESCRIPTION: CA
-�
Street Address: r '-` ` /1 C
Assessors Parcel Number(s): lJ
SUBMITTAL REQUIREMENTS:
The following items are required to compete the application and must be included with this form:
a. A general maintenance/restoration plan for the structure (any prior restoration activities
may be included)
b. A description of the structure and its historic value
c. Photos of the structure
d. Legal description of the property
e. A copy of a deed verifying property ownership
PROPERTY OWNER INFORMATION:
Name:
Address:
Phone:
6 - L}1-7-1
ICatu9 'u 1 A cif'
Property owner's signature: l/ /,
Date:
3 S- 3
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City of National City
Planning Department
1243 National City Blvd., National City, CA 91950 (619) 336-4310
ROGER G. POST - DIRECTOR
NOTICE OF EXEMPTION
TO: County Clerk
County of San Diego
P.O. Box 1750
1600 Pacific Highway, Room 260
San Diego, CA 92112
Protect Title: Case File No. M-2003-2
Project Location: 928 A Avenue
Contact Person: Martin Reeder Telephone Number: (619) 336-4315
Description of Nature, Purpose and Beneficiaries of Project:
The proposal would allow the City to enter into a Mills Act contract with the owner of 928 A
Avenue, pursuant to State law. The contract provides for the maintenance, restoration, and
rehabilitation of this property in Brick Row, a locally designated historical structure.
Applicant Name and Address:
Jeannette Salazar
928 A Avenue
National City, CA 91910
Exempt Status:
II
Telephone Number:
(619)477-1122
Statutory Exemption. (State type and Section No., if applicable)
Categorical Exemption. Class 31, Section 15331 (Historical Resource
Restoration/Rehabilitation)
® Not a project as defined in Section 15378 of CEQA
® Not subject to CEQA (Sec. 15061b2)
Reasons why project is exempt:
This project is intended to provide for the maintenance, restoration, and rehabilitation of an
historic structure in compliance with standards developed by the Secretary of the Interior. The
Mills Act program only affects existing structures and thus the project has no potential to create
significant effects.
Date:
MARTIN REEDER
Planning Technician
E'YR! RPrvderi lThner
/7
CASE
FILE
NO.
APN
Applicant
Date
Received
Cross
Reference
Case File
No.
Action
Taken
Planner
M-
2002-1
Mills Act Contract
3600 E. 8th Street
669-060-24
Moncrieff Family
Limited Partnership
8/19/2002
Filed
JC
M-
2002-2
Mills Act Contract
926 A Avenue
556-471-11
Janice Martinelli
11/1/2002
Filed
JC
M-
2002-3
Mills Act Contract
1941 Highland
Avenue
561-181-04
Celia,
Josefma Hernandez
11/4/2002
Filed
JC
2003 INDEX
M-
2003-1
Mills Act Contract
916 A Avenue
556-471-09
Jeannette Salazar
4/24/2003
MR
M-
2003-2
Mills Act Contract
928 A Avenue
556-471-12
Jeannette Salazar
4/24/2003
MR
M-
2003-3
Mills Act Contract
1433 E. 24th Street
561-350-13
Jim Ladd
7/28/2003
Filed
MR
M-
2003-4
Mills Act Contract
45 East Plaza
Blvd.
556-471-15
Janice Martinelli
11/19/03
Filed
MR
M-
2003-5
Mills Act Contract
907 A Avenue
556-472-15
Louise Branch
11/21/03
Filed
MR
c:\winword\logs\
.doc
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE Nnvemher 1 6, 7004
10
AGENDA ITEM NO.
//ITEM TITLE Resolution o f t he C ity Council Authorizing the Mayor to Execute a Mills Act Historic
Preservation Contract for 928 A Avenue (Applicant: Jeannette Salazar) (Case File M-2003-2)
PREPARED BY
ggel DEPARTMENT
Roger G. Post, 336-4310 Planning
EXT.
EXPLANATION
The property owner of 928 A Avenue in Brick Row is requesting a Mills Act contract;
currently six properties are in the Mills Act Program. The property is a single-family residence and is in the
CG-PD (General Commercial -Planned Development) Zone.
Mills Act contracts are a historic preservation tool, which allow for property tax savings for the owner in
exchange for a commitment to maintain and/or restore the historic structure. This property is eligible since it is
on the City list as well as the National Register. The owner proposes to maintain the structure as required by
the contract and also proposes restoration activities as described in Exhibit A of the contract. These activities
also reflect the recommendations of the Community Development Commission as noted in the attached
memorandum from CDC.
The County Assessor's office estimates that there will be a tax reduction of roughly 40%, or $815 annually
based on the current value. This would result in a r eduction o f approximately $ 82 annually i n C ity/CDC
revenue. The contract is valid for 10 years, and automatically extends for one year on the anniversary date.
The City may cancel the contract if it is breached, or opt not to renew it if proper notice is provided. The
property will be inspected annually to ensure that the structure is being maintained.
Environmental Review
X NIA Categorical Exemption MIS Approval
Financial Statement
The action will result in a reduction in annual City
property tax revenue of approximately $82
STAFF RECOMMENDATION
Adopt the Resolution.
BOARD / COMMISSION RECOMMENDATION
N/A
Approved By:
/ Finance Director
Account No.
ATTACHMENTS ( Listed Below )
1. resolution
2. Location Map
3. Draft Contract
4. CDC comments
Resolution No. %( -2.40
5. Application, includmg site photos
6. Notice of Exemption
7. List of current Mills Act properties
A-200 (Rev. 7/03)
RESOLUTION NO. 2004 — 210
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE
A MILLS ACT CONTRACT FOR 928 "A" AVENUE
APPLICANT: JEANNETTE SALAZAR
CASE FILE NO. M-2003-2
BE IT RESOLVED by the City Council of the City of National City that the
Mayor is hereby authorized to execute a Mills Act Contract for 928 "A" Avenue. Said
contract is on file in the Office of the City Clerk.
PASSED and ADOPTED this 16th day of November, 2004.
Nick r za`Mayor
ATTEST:
4
Mich: el Dalla, fIty Clerk
APPROVED AS TO FORM:
George H. iser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on
November 16, 2004, by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Parra, Ungab.
Nays: None.
Absent: None.
Abstain: Councilmember Inzunza.
AUTHENTICATED BY:
NICK INZUNZA
City'clerk of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2004-210 of the City of National City, California, passed and
adopted by the Council of said City on November 16, 2004.
City Clerk of the City of National City, California
By:
Deputy