HomeMy WebLinkAbout2018 CON Michael Lesley and Stepheni Norton - 1430 East 24th Street - Mills Act ContractNOTE TO FILE
06-15-2020
IN THE MATTER OF: The 2018 Mills Act Historic Preservation Contract for
1430 E. 24th Street with Michael Lesley and Stepheni Norton. Please note
the following:
NO ORIGINAL RECORDED CONTRACT
WAS FILED WITH THE OFFICE OF THE CITY CLERK.
A COPY OF THE UNRECORDED CONTRACT IS ON FILE.
ORIGINATING DEPARTMENT: CDC Housing & Economic Development
City Attorney Human Resources
City Manager MIS
Community Svcs. X Planning
Eng/PW Police
Finance
Fire
NTF
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
APN(s): 563-040-12 Above Space for Recorder's Use Only.
MILLS ACT CONTRACT
For property located at 1430 East 24th Street
THIS MILLS ACT CONTRACT ("Contract") is entered into by and between THE
CITY OF NATIONAL CITY, a municipal corporation ("CITY") and Michael Lesley, an
individual, and Stepheni Norton, an individual (collectively, "OWNERS").
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", defined in Government Code Section 50280.1, to provide for the
use, maintenance, and restoration of such historic properties so as to retain their
characteristics as properties of historic significance.
WHEREAS, Owners possess fee title to that certain real property, together with
associated structures and improvements thereon, Assessor's Parcel No. 563-040-12,
and located at the street address 1430 East 24th Street, National City, California,
commonly referred to as the "Wallace Dickinson House" (the "Historic Site"). A legal
description of the Historic Site is attached hereto as "Exhibit A", and incorporated herein
by this reference.
WHEREAS, the National City Council 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". A copy of such listing is attached to this Contract as
Attachment A.
WHEREAS, City and Owners, 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.
AGREEMENT
NOW THEREFORE, in consideration of the mutual benefits and covenants, CITY
and OWNERS agree as follows:
1. Effective Date and Term of Contract. This Contract shall be effective and
commence on October 17, 2018 ("Effective Date"), and shall remain in effect for
a term of ten (10) years thereafter. The initial ten-year term, and any extension
pursuant to Section 2, shall collectively be referred to hereafter as the "Term."
2. Automatic Renewal and Notice of Non -Renewal.
a. 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.
b. Non -Renewal. If either OWNERS or CITY desires, in any year, not to
renew this Contract, OWNERS 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 OWNERS to CITY, in writing to
the City Council, at least ninety (90) days prior to the annual Renewal
Date, or served by CITY to OWNERS at least sixty (60) days prior to the
annual Renewal Date, one (1) year shall automatically be added to the
Term as provided herein. If either CITY or OWNERS serve 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) Protest. Upon receipt by OWNERS of a notice of non -renewal from
CITY, OWNERS may make a written protest of the notice to the
City Council. Any protest must be received by the CITY no later
than 15 days from the date of the notice of non -renewal.
c. Withdrawal of Non -Renewal. CITY may, at any time prior to the Renewal
Date of the Contract, withdraw its notice of non -renewal.
d. City Non -Renewal. If CITY serves notice of non -renewal in any year, the
ex.tsting Tern, a# the Canttact shall Kenhaln In effect fat- the balance of the
period remaining since the original execution or the last renewal of the
Contract, as the case may be.
Mills Act Agreement Page 2 of 8 City of National City and
Revised October 2018 M. Lesley & S. Norton
3. [Reserved]
4. Eligibility. To be eligible for this Contract, the Historic Site shall be listed and
shall remain eligible for listing in the "List of Identified Historic Sites in National
City.
1f
5. Standards for Historic Site. During the Term, the Historic Site shall be subject to
the following conditions, requirements, and restrictions:
a. Owners shall preserve and maintain the characteristics of the cultural and
historical significance of 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 California State
Parks, the United States Secretary of the Interior's Standards for
Rehabkati,or,, and the State Htistartir„Bui,l,ding Code, as amended from
time to time. Work shall be done in accordance with the attached
schedule of potential home improvements drafted by the Owners attached
to this Contract as Attachment B.
b. OWNERS 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:
(1) Dilapidated. deteriorating, or unrepaired structures, such as:
fences, roofs, doors, walls and windows;
(2) Scrap lumber, junk, trash or debris;
(3) Abandoned, discarded or unused objects or equipment, such as
automobiles, automobile parts, furniture, stoves, refrigerators, cans,
contaners, or similar items,
(4) Stagnant water or excavations, including swimming pools or spas;
(5) Any device, decoration, design, structure or vegetation which is
unsightly by reason of its height, condition, or its inappropriate
location.
c. Five years after the Effective Date, and every five years thereafter, City
shaft inspect the interior and exterior of the Historic Site to determine
Owners' continued compliance with the Contract. Inspections required by
this Section must:
(1) Be scheduled by prior appointment between City and Owners, and
(2) Occur no later than thirty days from the five-year anniversary
described in this Section.
d Owners shall allow visibility of the exterior of the structure from the public
right-of-way. Owners shall not block the view to the exterior of structure
with any new structure, such as walls, fences, or shrubbery.
Mills Act Agreement
Page 3 of 8 City of National City and
Revised October 2018 M. Lesley & S. Norton
e. If OWNERS apply to CITY for a permit for demolition, substantial exterior
alteration, or removal of the Historic Site, OWNERS shall attend and
participate in a scheduled hearing regarding such application before the
board or commission designated by the City Council to oversee CITY'S
historic resources prior to the issuance of such permit. CITY will endeavor
to schedule such hearing within three (3) weeks after owners submit such
application to CITY.
f Notwithstanding the foregoing Section 5(e), if OWNERS apply to CITY for
a permit for the demolition, substantial exterior alteration, or removal of the
Historic Site, Owners shall comply with all CITY and State of California
environmental regulations, policies and requirements prior to CITY'S
issuance of the requested permit.
Information of Compliance. OWNERS hereby agrees to furnish CITY with any
and all information requested by CITY which CITY deems necessary or helpful to
determine compliance with the terms and provisions of this Contract.
7 Breach of Contract: Cancellation. If CITY determines that the OWNERS have
breached any of the conditions of the Contract, or have allowed the Historic Site
to deteriorate to the point that it no longer meets the standards for a `qualified
historical property", as defined by Government Code Section 50280.1, CITY shall
do one of the following:
a. Public Hearing. Cancel this Contract after CITY has given notice of, and
has held, a public hearing on the proposed cancellation. Notice of such
hearing shall be mailed to the last known address of each of the
OWNERS within the historic zone and shall be published pursuant to
Government Code Section 6061. If CITY cancels the Contract pursuant to
Section 7(a), OWNERS shall pay those cancellation fees set forth in
Government Code Section 50286.
b. Court Action. Bring any action in court, pursuant to Section 14(e)
necessary to enforce the Contract, including, but not limited to, an action
to enforce the Contract by specific performance or injunction.
8. OWNERS' Cancellation Alternative. As an alternative to cancellation of the
Contract, OWNERS may bring any action in court, pursuant to Section 14(e),
necessary to enforce the Contract, including, but not limited to, an action to
enforce the Contract by specific performance or injunction.
9. Binding Effect of Contract. OWNERS hereby subject the Historic Site to the
covenants, reservations and restrictions set forth in this Contract. CITY and
OWNERS hereby declare their specific intent that the covenants, reservations,
Mills Act Agreement Page 4 of 8 City of National City and
Revised October 2018 M. Lesley & S. Norton
and restrictions as set forth in this Contract shall be deemed covenants running
with the land and shall pass to and be binding upon OWNERS' 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
OWNERS 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 OWNERS legal interest in the Historic Site is rendered less valuable
thereby. CITY and OWNERS hereby further declare their understanding and
intent that the benefit of such covenants, reservations and restrictions touch and
concern the land by enhancing and maintaining the historic characteristics and
significance of the historic Site for the benefit of CITY, the public, and OWNERS.
10. Processing Fee. OWNERS 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.
11. 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.
To CITY: To OWNERS:
City of National City
Development Services Director
1243 National City Boulevard
National City, CA 91950-4397
Michael Lesley & Stepheni Norton
1430 East 24th Street
National City, CA 91950
12. Indemnity and Hold Harmless of City. OWNERS shall defend, indemnify and hold
harmless the City of National City, its officers, officials, agents, employees, and
volunteers against and from any and all liability, loss, damages to property,
injuries to, or death of any person or persons, and all claims, demands, suits,
actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind
or nature, including workers' compensation claims, of or by anyone whomsoever,
resulting from or arising out of the OWNERS' performance or other obligations,
including (a) maintenance of the Historic Site by OWNERS or any contractor,
subcontractor, agent, lessee, or any other person under this Contract, and also
arising out of (b) any restrictions on the use or development of the Historic Site.
from application or enforcement of the National City Municipal Code or from
enforcement of this Contract; provided, however, that this indemnification and
hold harmless shall not include any claims or liability arising from the established
sole negligence or willful misconduct of the CITY, its agents, officers, employees
or volunteers. CITY will cooperate reasonably in the defense of any action, and
Mills Act Agreement
Page 5 of 8 City of National City and
Revised October 2018 M. Lesley & S. Norton
OWNERS shall employ competent counsel, reasonably acceptable to the City
Attorney.
The indemnity, defense, and hold harmless obligations contained herein shall
survive the termination of this Agreement for any alleged or actual omission, act,
or negligence under this Agreement that occurred during the Term of this
Agreement and shall not be restricted to insurance proceeds, if any, received by
City. officers, officials, agents, employees, and volunteers.
13. Eminent Domain. If the Historic Site is acquired in whole or in part by eminent
domain or other acquisition by any entity authorized to exercise the power of
eminent domain, and the acquisition is determined by the CITY to frustrate the
purpose of this Contract, the Contract shall be canceled and no fee shall be
imposed under Government Code Section 50286. The Contract shall be deemed
null and void for all purposes of determining the value of the property so
acquired.
14. General Provisions.
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. 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.
c. If 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.
d. This Contract shalt not take effect unless and until OWNERS' signature is
notarized by a notary public. Furthermore, if an agent or representative of
OWNERS signs this Contract on behalf of OWNERS, the agent or
representative must furnish proof to the satisfaction of CITY, that the
agent or representative has authority to act on OWNERS' behalf.
e. This Contract shall be governed by the laws of the State of California. The
venue for any action shalt be a court of competent jurisdiction in the
County of San Diego, State of California.
Mills Act Agreement Page 6 of 8 City of National City and
Revised October 2018 M. Lesley & S. Norton
OWNERS or an agent of OWNERS shall provide written notice of this
Contract to the State Office of Historic Preservation within six (6) months
of entering into the Contract.
15. Consultation with State Commission. CITY and OWNERS may consult with the
State Historical Resources Commission for its advice and counsel on matters
relevant to historical property contracts.
16. Recordation. No later than twenty (20) days after the parties execute and enter
into this Contract, the City Clerk shall cause this Contract to be recorded in the
office of the County Recorder of the County of San Diego.
17. Amendments. This Contract may be amended only by a written and recorded
instrument executed by the parties hereto.
18. Statutory References: A reference anywhere in this Contract to a Government
Code section, or other statutory authority, means a reference to that section as
may be later amended.
[END OF CONTRACT — SIGNATURES APPEAR ON NEXT PAGE]
Mills Act Agreement
Revised October 2018 M. Lesley & S. Norton
Page 7 of 8 City of National City and
CITY OF NATIONAL CITY
Date: October 16, 2018
By:
Ron Morrison, Mayor
Date:
Attest:
/0-3D-I
By:
N
Michel R. DaIla, Cit/j lerk
APPROVED AS TO FORM:
ANGIL P. MORRIS-JONES
City Attorney
By:
Roberto M. Contreras
Deputy City Attorney
OWNERS OF RECORD
Date: I S C f 2_0 I'
By:
Michael Lesley
(Notarized Signature)
Date: IL) I ( l
By:
Step eni No on
(Nota d Signature)
OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF
NOTARY PAGE WITH SIGNATURE AND SEAL.
Mills Act Agreement
Revised October 2018
SEE ATTACHED
NOTARIAL CERTIFICATE
Page 8 of 8 City of National City and
M. Lesley & S. Norton
CALIFORNIA JURAT
(CALIFORNIA GOVERNMENT CODE § 8202)
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF 2U Dn(--)
Subscribed and sworn to (or affirmed) before me on this 15 day of C-I'DbE (, 20
by v11 ChCQe I 6'--P,)ll NOrt7afl , proved to me on the basis of
(Name of .igner(s))
satisfactory evidence to be the person(s) who appeared before me.
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MYRNAELIZABETHNO'/OA
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ADDITIONAL OPTIONAL INFORMATION
4
Description of Attached Document
Title or Type of Document: Mj I S ki t l ;4(e,„,pt) I Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Additional Information:
I30(t 90i?
revision date 01/01/2015
RESOLUTION NO. 2018 — 184
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE A MILLS ACT HISTORIC
PRESERVATION CONTRACT FOR 1430 EAST 24TH STREET,
COMMONLY KNOW AS THE WALLACE-DICKINSON HOUSE
BE IT RESOLVED by the City Council of the City of National City that the Mayor
is hereby authorized to execute a Mills Act Historic Preservation Contract for 1430 East 24th
Street, commonly known as the Wallace -Dickinson house. Said contract is on file in the Office of
the City Clerk.
PASSED and ADOPTED this 16th day of October, 018.
on Morrison, Mayor
ATTEST:
Michel R. Dalla, C Clerk
APPROVED AS TO FORM:
orris -Jones
Ci '"'ttorney
Passed and adopted by the Council of the City of National City, California, on
October 16, 2018 by the following vote, to -wit:
Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
MICHAEL R. DALLA
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. 2018-184 of the City of National City, California, passed and
adopted by the Council of said City on October 16, 2018.
ti A,
C rk of the City of
City ( 'ational City, California
By:
Deputy
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: October 16, 2018
AGENDA ITEM NO. 20
fEM TITLE:
Resolution of the City Council of the City of National City authorizing the Mayor to execute a Mills Act Historic
Preservation Contract for 1430 East 24th street, commonly known as the Wallace -Dickinson House (Applicant: Stepheni
Norton) (Case File 2018-10 M)
PREPARED BY: Martin Reeder, AICP
PHONE: 619-336-4313
EXPLANATION:
DEPARTMENT: P
APPROVED BY:
s
L__
The property owner of 1430 E. 24th Street (Wallace Dickinson House) is requesting a Mills Act contract. The
structure is a three-story Craftsman home located on a 26,136 square -foot (0.6-acre) lot. The property is in the
Large Lot Residential (RS-1) zone.
Mills Act contracts are historic preservation tools that provide property tax savings for owners in exchange for
a commitment to maintain and/or restore a historic structure. This property is eligible since it is on the City's list
of locally -designated historic structures. The property owner has been continually restoring the property since
it was purchased in 2012. Pending work includes windows, interior plaster, porches, doors, interior and
exterior trim, and foundation repair. The attached Maintenance/Restoration Plan lists the completed and
proposed projects. The Mills Act contract is valid for 10 years and automatically extends for one year on the
anniversary date. The City may cancel the contract if breached or opt not to renew it if proper notice is
provided. There are currently fourteen properties in the City in the Mills Act Program.
According to the San Diego County Assessor, there will be an approximate tax reduction of 30% of the
current property valuation, or $1,270 annually. As the property is within a former redevelopment area, the
)ss would be to the Successor Agency. The City's realized loss of its share of property tax would be
approximately $267.
FINANCIAL STATEMENT:
ACCOUNT NO.
APPROVED:
APPROVED:
Finance
MIS
The action will result in a reduction in annual Successor Agency property tax revenue of approximately $1,270.
The impact on the City would be an approximate loss of $267 in residual balance distribution revenue from the
Successor Agency.
ENVIRONMENTAL REVIEW:
Not subject to CEQA
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Adopt the Resolution
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
Overhead 4. Mills Act Contract
2. Site Photos 5. List of current Mills Act properties
3. Maintenance/Restoration Plan 6. Resolution
/lesolufid� T1o, ao/8- / 7f
2018-10 M — 1430 East 24th St. — Overhead
Attachment 1
1
2018-10 M — 1430 East 24th Street — Site Photos
Wallace Dickinson House after purchase in 2012
Wallace Dickinson House in 2018
Attachment 2
2
Maintenance/Restoration plan
Wallace D Dickinson House
1430 E 24th St, National City, CA 91950
Project
Details
Proposed
for
Completed
on
South East Porch Stairs
Restore steps
2017
South West Porch
Restore original porch
2017
West Balcony Floor
Repaired and Replace balcony
floors
2017
South West Porch Stairs
Restore steps
2014
West Porch
Remove non -original porch
2014
Window Glass
Replace all broken glass (38
windows)
2014
North Kitchen Entry Door
Replace broken glass and locks
2014
South West Entry
Replace landing
2014
East Chimney Brick
Repaired grout lines and replace
missing bricks
2014
North Balcony
Repaired balcony rails and posts
2014
_
West Porch Stairs and handrails
Restore original porch and steps
_
2014
Exterior Body and Detail Paint
Paint house
2014
West Balcony
Remove nonoriginal boarding,
Repair balcony rails and posts
2014
Window Sashes
Repair and replace originals
windows sashes
2018
Floors - Master
`Stripped and tung oil floors
2017
Interior Ceiling Plaster
Repair and replace cracked plaster
(3 floors)
2019
North Balcony Floor
Repair and Replace balcony floors
2016
Window Grout
Regrout (38 windows)
_
2016
Gutter Boxes
Repair built in gutter boxes and
reline
2016
Roof
Tear out all old and replace roof
__
2016
Gutters
, Replace down spouts
_
2016
Interior Wall Plaster
Repair and replace cracked plaster
(3 floors)
2019
Window Weights
Replace missing window weights
(38 windows)
2018
Window locks
Replace missing window locks to
original (38 windows)
12018
South East Porch
Restore original porch
2025
Front Door
Replace with original style door
2021
Interior Wood Wainscoting
Replace missing wainscoting
2020
Copper Talking Tube
Replace mouth pieces
2018
Wrap around porch
Replace original wrap around
porch
2026
Attach3ment 3
Maintenance/Restoration plan
Wallace D Dickinson House
1430 E 24th St, National City, CA 91950
Project
Details
Proposed
for
Completed
on
South Kitchen Entry Door
Replace broken glass
2014
West Porch Doors
Reinstall original porch doors
2020
Foundation
Repairs deteriorated areas of
foundation
2019
Windows
Replace boarded up windows
2024
Exterior Millwork
Replace missing original millwork
2027
Interior
Maintain as needed to original
Ongoing
Exteriors
Maintain as needed to original
Ongoing
North Kitchen Porch
Repaint
2014
Front Porch railing
Repair and replace to original
2014
HVAC
Replace
2017
Instant hot water whole house heater
Replace
2017
Drywall, installation, EPA primer, plaster
coat (room by room)
Replace
2018
1st floor bathroom - drywall
Replace
2015
New plumbing sewer and water lines
Replace
2019
Sump pump
Replace
2017
New electrical panel
Replace
2017
New electrical 200 amp service
Replace
2017
Bedroom floors
Repair
ongoing
Bee removal 10x
repair
2012-2018
Found opened enclosed doors
Repair
2013
Had custom door made to match original
Replace
2017
Attic stairs
New
_
2017
Kitchen Island countertop
New _
2017
Kitchen added cabinets
New
2017
Dining room Fireplace — repair "flew"
Repairs
2017
Foundation repairs, front porch and
basement south east
Repair
2014
Basement utility AC system
New
2017
Yellow bathroom sewer line
replace
2017
North balcony floating deck over flat roofed
system with drain into plumbing systems to
protect from water damage
replace
2017
West balcony coasting with waterproofing
_ replace
2017
4
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
APN(s): 563-040-12 Above Space for Recorder's Use Only.
MILLS ACT CONTRACT
For property located at 1430 East 24th Street
THIS MILLS ACT CONTRACT ("Contract") is entered into by and between THE
CITY OF NATIONAL CITY, a municipal corporation ("CITY") and Michael Lesley, an
individual, and Stepheni Norton, an individual (collectively, "OWNERS").
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", defined in Government Code Section 50280.1, to provide for the
use, maintenance, and restoration of such historic properties so as to retain their
characteristics as properties of historic significance.
WHEREAS, Owners possess fee title to that certain real property, together with
associated structures and improvements thereon, Assessor's Parcel No. 563-040-12,
and located at the street address 1430 East 24th Street, National City, California,
commonly referred to as the "Wallace Dickinson House" (the "Historic Site"). A legal
description of the Historic Site is attached hereto as "Exhibit A", and incorporated herein
by this reference.
WHEREAS, the National City Council 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". A copy of such listing is attached to this Contract as
Attachment A.
WHEREAS, City and Owners, 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
Attachment 4
5
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.
AGREEMENT
NOW THEREFORE, in consideration of the mutual benefits and covenants, CITY
and OWNERS agree as follows:
1. Effective Date and Term of Contract. This Contract shall be effective and
commence on October 17, 2018 (''Effective Date"), and shall remain in effect for
a term of ten (10) years thereafter. The initial ten-year term, and any extension
pursuant to Section 2, shall collectively be referred to hereafter as the "Term."
2. Automatic Renewal and Notice of Non -Renewal.
a. 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.
b. Non -Renewal. If either OWNERS or CITY desires, in any year, not to
renew this Contract, OWNERS 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 OWNERS to CITY, in writing to
the City Council, at least ninety (90) days prior to the annual Renewal
Date, or served by CITY to OWNERS at least sixty (60) days prior to the
annual Renewal Date, one (1) year shall automatically be added to the
Term as provided herein. If either CITY or OWNERS serve 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) Protest. Upon receipt by OWNERS of a notice of non -renewal from
CITY, OWNERS may make a written protest of the notice to the
City Council. Any protest must be received by the CITY no later
than 15 days from the date of the notice of non -renewal.
c. Withdrawal of Non -Renewal. CITY may, at any time prior to the Renewal
Date of the Contract, withdraw its notice of non -renewal.
d. City Non -Renewal. If CITY serves notice of non -renewal in any year, the
existing Term of the Contract shall remain in effect for the balance of the
period remaining since the original execution or the last renewal of the
Contract, as the case may be.
Mills Act Agreement City of National City and
Revised October 2018 M. Lesley & S. Norton
6
3. [Reserved]
4. Eligibility. To be eligible for this Contract, the Historic Site shall be listed and
shall remain eligible for listing in the "List of identified Historic Sites in National
City."
5. Standards for Historic Site. During the Term, the Historic Site shall be subject to
the following conditions, requirements, and restrictions:
a. Owners shall preserve and maintain the characteristics of the cultural and
historical significance of 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 California State
Parks, 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 Owners attached
to this Contract as Attachment B.
b. OWNERS 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:
(1) Dilapidated, deteriorating, or unrepaired structures, such as:
fences, roofs, doors, walls and windows;
(2) Scrap lumber, junk, trash or debris;
(3) Abandoned, discarded or unused objects or equipment, such as
automobiles, automobile parts, furniture, stoves, refrigerators, cans,
containers, or similar items;
(4) Stagnant water or excavations, including swimming pools or spas;
(5) Any device, decoration, design, structure or vegetation which is
unsightly by reason of its height, condition, or its inappropriate
location.
c. Five years after The Effective Date, and every five years thereafter, City
shall inspect the interior and exterior of the Historic Site to determine
Owners' continued compliance with the Contract. Inspections required by
this Section must:
(1) Be scheduled by prior appointment between City and Owners, and
(2) Occur no later than thirty days from the five-year anniversary
described in this Section.
d. Owners shall allow visibility of the exterior of the structure from the public
right-of-way. Owners shall not block the view to the exterior of structure
with any new structure, such as walls, fences, or shrubbery.
Mills Act Agreement City of National City and
Revised October 2018 M. Lesley & S. Norton
7
e. If OWNERS apply to CITY for a permit for demolition, substantial exterior
alteration, or removal of the Historic Site, OWNERS shall attend and
participate in a scheduled hearing regarding such application before the
board or commission designated by the City Council to oversee CITY'S
historic resources prior to the issuance of such permit. CITY will endeavor
to schedule such hearing within three (3) weeks after owners submit such
application to CITY.
f. Notwithstanding the foregoing Section 5(e), if OWNERS apply to CITY for
a permit for the demolition, substantial exterior alteration, or removal of the
Historic Site, Owners shall comply with all CITY and State of California
environmental regulations, policies and requirements prior to CITY'S
issuance of the requested permit.
6. Information of Compliance. OWNERS hereby agrees to furnish CITY with any
and all information requested by CITY which CITY deems necessary or helpful to
determine compliance with the terms and provisions of this Contract.
7. Breach of Contract; Cancellation. If CITY determines that the OWNERS have
breached any of the conditions of the Contract, or have allowed the Historic Site
to deteriorate to' the point that it no longer meets the standards for a "qualified
historical property", as defined by Government Code Section 50280.1, CITY shall
do one of the following:
a. Public Hearing. Cancel this Contract after CITY has given notice of, and
has held, a public hearing on the proposed cancellation. Notice of such
hearing shall be mailed to the last known address of each of the
OWNERS within the historic zone and shall be published pursuant to
Government Code Section 6061. If CITY cancels the Contract pursuant to
Section 7(a), OWNERS shall pay those cancellation fees set forth in
Government Code Section 50286.
b. Court Action. Bring any action in court, pursuant to Section 14(e)
necessary to enforce the Contract, including, but not limited to, an action
to enforce the Contract by specific performance or injunction.
8. OWNERS' Cancellation Alternative. As an alternative to cancellation of the
Contract, OWNERS may bring any action in court, pursuant to Section 14(e),
necessary to enforce the Contract, including, but not limited to, an action to
enforce the Contract by specific performance or injunction.
9. Binding Effect of Contract. OWNERS hereby subject the Historic Site to the
covenants, reservations and restrictions set forth in this Contract. CITY and
OWNERS hereby declare their specific intent that the covenants, reservations,
Mills Act Agreement City of National City and
Revised October 2018 M. Lesley & S. Norton
8
and restrictions as set forth in this Contract shall be deemed covenants running
with the land and shall pass to and be binding upon OWNERS' 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
OWNERS 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 OWNERS legal interest in the Historic Site is rendered less valuable
thereby. CITY and OWNERS hereby further declare their understanding and
intent that the benefit of such covenants, reservations and restrictions touch and
concern the land by enhancing and maintaining the historic characteristics and
significance of the historic Site for the benefit of CITY, the public, and OWNERS.
10. Processing Fee. OWNERS 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.
11. 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.
To CITY: To OWNERS:
City of National City
Development Services Director
1243 National City Boulevard
National City, CA 91950-4397
Michael Lesley & Stepheni Norton
1430 East 24th Street
National City, CA 91950
12. Indemnity and Hold Harmless of City. OWNERS shall defend, indemnify and hold
harmless the City of National City, its officers, officials, agents, employees, and
volunteers against and from any and all liability, loss, damages to property,
injuries to, or death of any person or persons, and all claims, demands, suits,
actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind
or nature, including workers' compensation claims, of or by anyone whomsoever,
resulting from or arising out of the OWNERS' performance or other obligations,
including (a) maintenance of the Historic Site by OWNERS or any contractor,
subcontractor, agent, lessee, or any other person under this Contract, and also
arising out of (b) any restrictions on the use or development of the Historic Site,
from application or enforcement of the National City Municipal Code or from
enforcement of this Contract; provided, however, that this indemnification and
hold harmless shall not include any claims or liability arising from the established
sole negligence or willful misconduct of the CITY, its agents, officers, employees
or volunteers. CITY will cooperate reasonably in the defense of any action, and
Mills Act Agreement City of National City and
Revised October 2018 M. Lesley & S. Norton
9
OWNERS shall employ competent counsel, reasonably acceptable to the City
Attorney.
The indemnity, defense, and hold harmless obligations contained herein shall
survive the termination of this Agreement for any alleged or actual omission, act,
or negligence under this Agreement that occurred during the Term of this
Agreement and shall not be restricted to insurance proceeds, if any, received by
City, officers, officials, agents, employees, and volunteers.
13. Eminent Domain. If the Historic Site is acquired. in whole or in part by eminent
domain or other acquisition by any entity authorized to exercise the power of
eminent domain, and the acquisition is determined by the CITY to frustrate the
purpose of this Contract, the Contract shall be canceled and no fee shall be
imposed under Government Code Section 50286. The Contract shall be deemed
null and void for all purposes of determining the value of the property so
acquired.
14. General Provisions.
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. 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.
c. If 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.
d. This Contract shall not take effect unless and until OWNERS' signature is
notarized by a notary public. Furthermore, if an agent or representative of
OWNERS signs this Contract on behalf of OWNERS, the agent or
representative must furnish proof to the satisfaction of CITY, that the
agent or representative has authority to act on OWNERS' behalf.
e. This Contract shall be governed by the laws of the State of California. The
venue for any action shall be a court of competent jurisdiction in the
County of San Diego, State of California.
Mills Act Agreement City of National City and
Revised October 2018 M. Lesley & S. Norton
10
f, OWNERS or an agent of OWNERS shall provide written notice of this
Contract to the State Office of Historic Preservation within six (6) months
of entering into the Contract.
15. Consultation with State Commission. CITY and OWNERS may consult with the
State Historical Resources Commission for its advice and counsel on matters
relevant to historical property contracts.
16. Recordation. No later than twenty (20) days after the parties execute and enter
into this Contract, the City Clerk shall cause this Contract to be recorded in the
office of the County Recorder of the County of San Diego.
17, Amendments. This Contract may be amended only by a written and recorded
instrument executed by the parties hereto.
18. Statutory References: A reference anywhere in this Contract to a Government
Code section, or other statutory authority, means a reference to that section as
may be later amended.
[END OF CONTRACT — SIGNATURES APPEAR ON NEXT PAGE]
Mills Act Agreement City of National City and
Revised October 2018 M. Lesley & S. Norton
11
CITY OF NATIONAL CITY OWNERS OF RECORD
Date: October 16, 2018 Date:
By: By:
Ron Morrison, Mayor Michael Lesley
(Notarized Signature)
Date: Date:
Attest:
By:
By: Stepheni Norton
Michael R. Dalla, City Clerk (Notarized Signature)
APPROVED AS TO FORM:
ANGIL P. MORRIS-JONES
City Attorney
By:
Roberto M. Contreras
Deputy City Attorney
OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF
NOTARY PAGE WITH SIGNATURE AND SEAL.
Mills Act Agreement City of National City and
Revised October 2018 M. Lesley & S. Norton
12
Identified Historic Sites in National City
National Register (date filed)
Brick Row
St. Matthew's Episcopal Church
Granger Music Hall
Santa Fe Depot
(California Southern Terminus Depot)
Locally Designated Significant Buildings
1. 907
2. 921
3. 939
4. 538
5. 907
6. 1108
7. 540
8. 305
9. 341
10. 405
11. 437
12. 1735
13. 1515
14. 2824
15. 2525
16. 636
17. 926
18. 3600
19. 2202
20. 1129
21. 539
22. 1504
23. 541
24. 1430
25. 1433
26. 1941
27. 425
28. 940
04/ 17/2018
A Avenue
A Avenue
A Avenue
C Avenue
D Avenue
D Avenue
E Avenue
F Avenue
F Avenue
G Avenue
G Avenue
J Avenue
L Avenue
L Avenue
N Avenue
E. 2nd Street
E. 7th Street
E. 8th Street
E. 10th Street
E. 16th Street
E. 20th Street
E. 22nd Street
E. 24th Street
E. 24th Street
E. 24th Street
Hi • hland Avenue
Shell Avenue
E. 16th Street
7/16/73
10/25/73
3/18/75
4/18/96
906-940 A Avenue, 45 E. Plaza
521 E. 8th Street
1615 E. 4th Street
900 W. 23rd Street
Elizur Steel/CrandalUEnnis House
Frank Kimball House
John Proctor House
Pinney House
Boyd-Vurgason House
Fred Copeland House
William Burgess House
Mitchell -Webster House
Tyson House
Doctor's House
George Beermaker House
George Kimball House
McKnight House (approved by CC 5/15/07)
Oliver Noyes House
John Steele House
Barber-Ferbita House
Wellington Estate
Tower House of Moses Kimball
Mrs. Eimar Home
Charles Kimball House
D. K. Horton House
Olivewood Clubhouse
Wallace Dickinson House
Dickinson Boal House
Floyd Home
Josselyn House
Frederick Hertel-Hawken House
Contract - Attachment A
13
Maintenance/Restoration plan _
Wallace D Dickinson House
1430 E 24th St, National City, CA 91950
Project
Details
Proposed
for
Completed
on
South East Porch Stairs
Restore steps
2017
South West Porch
Restore original porch
2017
West Balcony Floor
Repaired and Replace balcony
floors
2017
South West Porch Stairs
Restore steps
2014 ._
West Porch
Remove non -original porch
2014
Window Glass
Replace all broken glass (38
windows)
2014
North Kitchen Entry Door
Replace broken glass and locks
2014
South West Entry
Replace landing
2014
East Chimney Brick
Repaired grout lines and replace
missing bricks
2014
North Balcony
Repaired balcony rails and posts
2014
West Porch Stairs and handrails
Restore original porch and steps
2014
Exterior Body and Detail Paint
Paint house
2014
West Balcony
Remove nonoriginal boarding,
Repair balcony rails and posts
2014
Window Sashes
Repair and replace originals
windows sashes
2018
Floors - Master
Stripped and tung oil floors.
2017
Interior Ceiling Plaster
Repair and replace cracked plaster
(3 floors)
2019
North Balcony Floor _
Repair and Replace balcony floors
2016
Window Grout
Regrout (38 windows)
2016
Gutter Boxes
Repair built In gutter boxes and
reline
2016
_
Roof
Tear out all old and replace roof
2016
Gutters
Replace down spouts
2016
Interior Wall Plaster
Repair and replace cracked plaster
(3 floors)
2019
Window Weights
Replace missing window weights
(38 windows)
2018
Window locks
Replace missing window flocks to
original (38 windows)
201.E
South East Porch
Restore original porch
2025
Front Door
Replace with original style door
2021
Interior Wood Wainscoting
Replace missing wainscoting
2020
Copper Talking Tube
Replace mouth pieces
2018
Wrap around porch
Replace original wrap around
porch
2026
Contract - Attachment B
14
Maintenance/Restoration plan
Wallace D Dickinson House
1430 E 24tt' St, National City, CA 91950
Project
Details
Proposed
for
Completed
on
South Kitchen Entry Door
Replace broken glass
2014
West Porch Doors
Reinstall original porch doors
2020
Foundation
Repairs deteriorated areas of
foundation
2019
Windows
Replace boarded up windows
2024
Exterior Millwork
Replace missing original millwork
2027
Interior
Maintain as needed to original
Ongoing
Exteriors
Maintain as needed to original
Ongoing
North Kitchen Porch
Repaint
2014
Front Porch railing
Repair and replace to original
2014
HVAC
Replace
2017
Instant hot water whole house heater
Replace
2017
Drywall, installation, EPA primer, plaster
coat (room by room)
Replace
2018
1st floor bathroom - drywall
Replace
2015
New plumbinj sewer and water lines
Replace
2019
Sump pump
Replace
2017
New electrical panel
Replace
2017
New electrical 200 amp service
Replace
2017
Bedroom floors
Repair
---
ongoing
Bee removal 10x
repair
2012-2018
Found opened enclosed doors
Repair
2013
Had custom door made to match original
Replace
2017
Attic stairs
New
2017
Kitchen Island countertop
New
2017
Kitchen added cabinets
New
2017
Dining room Fireplace — repair "flew"
Repairs
2017
Foundation repairs, front porch and
basement south east
Repair
2014
Basement utility AC system
New
2017
Yellow bathroom sewer line
replace
2017
North balcony floating deck over fiat roofed
system with drain into plumbing systems to
protect from water damage
replace
2017
I
West balcony coasting with waterproofing
replace
' 2017
15
NATIONAL CITY MILLS ACT CONTRACTS
CASE FILE NO.
ADDRESS:
APPLICANT
M-2002-1
3600 E. 81.h Street
Moncrieff Family Limited
Partnership
M-2002-2
926 A Avenue
Janice Martinelli
M-2002-3
1941 Highland Avenue
Celia,
Josefina Hernandez
M-2003-1
916 A Avenue
Jeannette Salazar
M-2003-2
928 A Avenue
Jeannette Salazar
M-2003-3
1433 E. 24th Street
Jim Ladd
M-2003-4
45 East Plaza Blvd.
Janice Martinelli
M-2003-5
907 A Avenue
Louise Branch
M-2005-1
906 A Avenue
Janice Martinelli
IVI-2006-1
910 A Avenue
Janice Martinelli
M-2006-2
934 A Avenue
Janice Martinelli
2007-44 M
2824 L Avenue
Sherri Steliga
2010-9 M
2525 N Avenue
ICF
2010-28 M
940 E. 16'h Street
Janice Martinelli
Attachment 5
16
RESOLUTION NO. 2018 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE A MILLS ACT HISTORIC
PRESERVATION CONTRACT FOR 1430 EAST 24TH STREET,
COMMONLY KNOW AS THE WALLACE-DICKINSON HOUSE
BE IT RESOLVED by the City Council of the City of National City that the Mayor
is hereby authorized to execute a Mills Act Historic Preservation Contract for 1430 East 24th
Street, commonly known as the Wallace -Dickinson house. Said contract is on file in the Office of
the City Clerk.
PASSED and ADOPTED this 16th day of October, 2018.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney