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SR 10-25-2016 3O Ci ty Council Report City Council Meeting : October 25, 2016 Agenda Item: 3.O 1 of 15 To: Mayor and City Council From: David Martin, Director, Planning and Community Development , Planning & Community Development, City Planning Subject: Historic Property Preservation Agreement (Mills Act Contract) between the City of Santa Monica and the P roperty Owners of Two Designated City Landmarks located at 504 Pier Avenue and 305 Alta Avenue, and Six Contributing Structures within the San Vicente Boulevard Courtyard Apartments Historic District Located at 150 -156, 212, 234, 302 -312, 437 -441 and 614 -6 18 San Vicente Boulevard Recommended Action Staff recommends that the City Council adopt the resolutions authorizing the City Manager to negotiate and execute the Historic Property Preservation Agreements (Mills Act Contracts) between the City of Santa Mo nica and the property owners of two designated City Landmarks located at 504 Pier Avenue and 305 Alta Avenue , and six Contributing Structures within the San Vicente Boulevard Courtyard Apartments Historic District Located at 150 -156, 212, 234, 302 -312, 437 -441 and 614 -618 San Vicente Boulevard. Executive Summary The Mills Act is a state law that enables local governments to enter into contracts with owners of qualified historic properties to authorize a property tax reduction. The Mills Act is one of the f ew financial incentives available to owners of historic properties, and is an important tool for implementing the City’s Historic Preservation Element goals: to promote the designation and long -term preservation of historic resources through the provision of incentives and technical assistance. The City requires Mills Act Contract applicants to provide a report prepared by a qualified architect describing the condition of the structure and its rehabilitation/restoration and maintenance needs in order to en sure the resource’s historic integrity and structural stability. These recommendations in the architect’s report are reflected in the proposed ten -year rehabilitation/restoration and maintenance plan which becomes an attachment to the Mills Act Contract en tered into between the City of Santa Monica and a property owner. Staff verifies the information contained in the report and may identify additional restoration and maintenance items as necessary. Execution of the pending Mills Act Contract s (Attachment s Q through X ) will result in 2 of 15 reduced property tax revenue to the City estimated at $34,745 for FY 2017 -2018 and a similar amount annually thereafter. On average, the eight contract applicants are estimated to experience an initial property tax savings eq ual to approximately 70.0 percent of their total tax obligation ; the highest being 89 percent and the lowest being 57.8 percent. Mills Act contracts are approved by Resolution of the City Council (Attachments I through P ) Background In 1991, as part of a comprehensive revision to the City’s Landmarks Ordinance, the City Council authorized designated Structures of Merit, Landmarks, and contributing structures located in designated Historic Districts to be considered qualified historic properties eligible f or historic property contracts submitted pursuant to the provisions of California Government Code Sections 50280 -50290. As a result, property owners of such designated historic properties may file a Mills Act Contract application. In 2014, the Council pas sed an Ordinance that revised the City’s Mills Act Program by narrowing contract eligibility requirements and expanding applicant submittal requirements . Once approved, a Mills Act contract requires the County Tax Assessor’s office to determine the valu e of the historic property based upon its current net operating income, rather than upon the traditional assessed valuation method resulting, in most cases, in a property tax reduction. For residential or commercial structures that are rented, the net oper ating income is determined based on actual rents received. For residential and commercial structures that are owner -occupied, the net operating income is determined by the income the property would produce if rented. In exchange for a property tax reducti on, the owner agrees to protect, maintain and, if necessary, restore the historic property. Under the traditional method of determining property taxes, properties are reassessed when sold. However, since Mills Act contracts run with the property, subsequ ent owners may realize greater tax benefits, as the assessed property value typically increases when the property is sold, resulting in an even greater difference between the property taxes under the assessed valuation method versus the property tax calcul ation permitted by the Mills Act contract. This can be a significant marketing feature for the property in terms of future sales and is considered an important historic preservation 3 of 15 incentive because the property will be maintained. Similarly, the obligat ions and property tax reduction benefits associated with the Mills Act contract are also binding upon successive property owners during the contract term. The initial Mills Act contract term is a minimum 10 -year period. Each year on the anniversary of t he effective date of the agreement, also known as the renewal date, a year is automatically added to the initial 10 -year term of the agreement. This effectively makes the term of the contract at least 10 years, but possibly indefinite unless the owner or C ity submits a notice of non -renewal. A notice of non -renewal could be initiated by the City if the property owner is not fulfilling the obligations (i.e. scheduled improvements or maintenance) specified within their contract with the City. If such a notic e of non -renewal were submitted, the contract would remain in effect for the balance of the term remaining, either from its original date of execution if within the initial 10 -year term, or from the date of the last one -year renewal of the agreement. Alt ernatively, the owner may petition the City to initiate an immediate cancellation, which would result in payment of a penalty equal to 12.5% of the property’s assessed current fair market value, as determined by the County Assessor as though the property w ere free of the contractual restriction. The City may also cancel the contract in the event of a breach of contract conditions, whereby the property owner would be subject to pay the same 12.5% penalty. The terms of the contract also state that the agre ement may be amended, in whole or in part, if both the owner and the City agree to execute a recorded document to memorialize the contract amendment. Mills Act contracts are time -sensitive and must be recorded by the end of the 2016 calendar year in order to take effect the following year. The County Assessor will make a final determination of the taxes due when the approved Contract is submitted and recorded, and will continue to conduct property tax assessments on an annual basis. Property owners are r equired to obtain all applicable entitlements such as a Certificate 4 of 15 of Appropriateness, and all associated building permits, for work proposed in the 10 - year restoration/maintenance plan. Furthermore, all work proposed in the 10 -year restoration/maintenanc e plan must comply with “The Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring & Reconstructing Historic Buildings” (Weeks & Grimmer, 1995). Property owners are also required to submit a report to the City on a biennial basis to demonstrate compliance with contract terms. In 2016, staff initiated a contract monitoring effort for 62 of the City’s existing contracts, to ensure that contractual terms and obligations are b eing fulfilled and the properties are appropriately maintained. Staff reviews the reports received and may conduct site inspections to confirm the completion of work tasks as part of its assessment. Discussion There are eight applications for considerati on in 2016; two single -family residences located at 504 Pier Avenue and 305 Alta Avenue that reflect the early development of their respective neighborhoods; and, six Contributors within the recently established San Vicente Boulevard Courtyard Apartments H istoric District, all of which are located along the namesake San Vicente Boulevard. An additional contract application was presented to the Landmarks Commission for the Landmark Santa Monica Bay Telephone Company building located at 3355 Barnard Way , how ever, the applicant has since withdrawn this request. In accordance with SMMC 9.56.270(G), all application s are eligible for consideration as there are no confirmed or outstanding code violations; the properties are current in property tax payments; and, all work that had been previously conducted was done in a manner that is consistent with the Secretary of the Interior’s Standards. The specific details of each property are discussed below. 504 Pier Avenue (Plate 1) The two -story, E.J. Vawter house is a rare hybrid example of Queen Anne and the American Foursquare styles, and was designated a City Landmark on September 8, 5 of 15 2014 based on its unique architecture, association with the locally prominent Vawter family, and as a representative example of the sh ift from rural to urban culture in Ocean Park during the early 20th century. Plate 1: E.J. Vawter House, an 1890 rare architectural hybrid of the Queen Anne and American Foursquare styles. An architect’s report was prepared by Kaplan Chen Kaplan. The r eport assesses the condition of the primary residence and identifies repair, restoration/rehabilitation and maintenance needs (Attachment A) along with a general schedule for completion of work. As noted, the exterior of the residence and some of the more prominent features are described as being in good condition and repair. The kitchen flooring is damaged and should be repaired . Plumbing connections should be evaluated and changed as needed. Otherwise, the majority of work proposed is maintenance related . The applicant has submitted a 10 -year Maintenance Plan and Restoration and Rehabilitation Plan d escribing tasks that will be undertaken to address the identified concerns and ensure on -going maintenance. These tasks are estimated to have an annual cos ts of approximately $2,850 for maintenance and $35,900 for the r epair activities efforts that are scheduled within the initial 10 -year contract period. Staff estimates that the new contract will result in a property tax reduction equating to approximate ly 77.9 percent. 305 Alta Avenue (Plate 2)