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HomeMy WebLinkAbout30-City Administrator ORIGlNAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Dept: City Administrator's Office Subject: PUBLIC HEARING TO CONSIDER A RESOLUTION ESTABLISHING THE APPLICA TION PROCESS, REVIEW PROCEDURES, AND REQUIRED CONTRACT PROVISIONS FOR THE IMPLEMENTATION OF A MILLS ACT PROGRAM IN THE CITY OF SAN BERNARDINO PURSUANT TO GOVERNMENT CODE SECTION 50280, ET SEQ., AND SETTING AN APPLICATION FEE AND AN ANNUAL ADMINISTRA TIVE FEE From: Lori Sassoon, Assistant City Administrator Date: October 24, 2005 MICC Meeting Date: November 7, 2005 Synopsis of Previous Council Action: October 18, 2005 - Legislative Review Committee recommends implementation of a Mills Act program Recommended Motion: Adopt resolution j~('j~ Signature Contact person: Lori Sassoon Phone: 5122 Supporting data attached: staff report resolution, Ward: all form Preservation Agreement FUNDING REQUIREMENTS: Amount: None by this action; some nominal loss of property tax revenue annually, depending upon the number of program participants and resulting property tax reductions Source: (Acct. No.) (Acct. Description) Finance: /'. Council Notes: {0,.:JO ;200S -3& ~ Agenda Item No. 30 1I/1/0S STAFF REPORT Subiect: Resolution establishing the application process, review procedures, and required contract provisions for the implementation of a Mills Act program Backl?:round: In late August, Councilmember Kelley provided the Legislative Review Committee with some written information concerning the Mills Act, and asked that staff research the matter and bring it back for discussion at a subsequent Committee meeting. At the Legislative Review Committee meeting of September 7, the Committee discussed the Mills Act program, provided feedback concerning the concept, and asked staff develop program details to be considered in 30 days. On October 4, the Committee discussed the program further, and on October 18 the Committee recommended adoption of the program. The Mills Act is a state law designed to provide financial incentives for property owners that restore and maintain historic residential and commercial properties. Because the Mills Act contract requires the property to be assessed using a different assessment methodology, it results in a reduction in property taxes paid by the property owner. Approximately 80 cities throughout California have adopted Mills Act programs, including several in the County of San Bernardino. Attached is the following information concerning the Mills Act: . California Office of Historic Preservation's technical assistance bulletin concerning the Mills Act Property Tax Abatement Program . List of communities currently participating in the Mills Act program . Board of Equalization's guidelines regarding assessment of Mills Act properties The attached resolution establishes a Mills Act program for the city of San Bernardino. It would authorize the City Administrator to develop an application process and make recommendations to the Mayor and Council concerning approval of Mills Act preservation agreements. The resolution also defines as "historic", for Mills Act eligibility purposes, approximately 8,000 pre- 1942 properties contained in the 1991 Historic Resources Reconnaissance Survey. Following the application and selection process as outlined in the resolution, participating property owners would enter into 10-year rolling preservation agreements through which they would be required to reinvest their property tax savings into rehabilitation or maintenance of the historic property. The number of Mills Act preservation agreements would be limited to a ten (10) new agreements each year, so that the time involved to administer the program would be manageable given current staff resources. The resolution incorporates the form Preservation Agreement that would be used for this program. Each proposed Preservation Agreement would require approval by the Mayor and Common Council. In summary, the agreement requires the property owner to preserve and maintain the historic significance of the property, and to carry out the rehabilitation and maintenance projects specified in their application materials. In accordance with Government Code Section 50286, if the City cancels an agreement due to breach by the property owner, or for the owner's failure to restore or rehabilitate the property in accordance with the agreement, the property owner must pay a penalty to the County Auditor. State law currently sets this penalty at 12.5% of the current fair market value of the property, which is a significant penalty in today's real estate market. This penalty serves as a deterrent to property owners who are not truly interested in historic preservation. It is envisioned that this program would be implemented by the City Administrator's Office staff with assistance as may be needed from Development Services. Office staff will develop program brochures, process applications, prepare contracts for Council approval, conduct annual contract compliance inspections, and maintain contract files. A historic resources consultant may also be retained on an as-needed basis to assist with property inspections. The administration of the program is anticipated to be fairly straightforward. As staff gains experience in handling a Mills Act program, adjustments to the program can be made in the future to help make it more effective. Staff has already begun developing forms and other administrative materials that would be distributed to applicants upon adoption of the program. The following is a proposed timeline for program implementation: November 7 - Mayor and Council adopt the resolution November 8 - 30: Application period is open Mid November/early December - Application review and property inspections by staff December 19 - Preservation Agreement( s) brought forward for Council approval Financial impact: Property owners that have approved Mills Act contracts will see a reduction in their property tax assessments, resulting in a corresponding reduction in property tax revenues. In San Bernardino, the City receives an average of seventeen cents ($.17) of each dollar ($1) of property tax generated, with the balance of revenues allocated to counties, school districts, and special districts. The actual amount of property tax revenue loss cannot be estimated, although it is anticipated to be relatively nominal as compared to the City's total annual property tax revenue. The revenue loss will vary with the number of participating property owners, and the savings realized by each property owner. At this time, staff is aware of one property owner who is interested in participating in the program. Once the program is in place, staff will be able to monitor the revenue loss and update the Mayor and Council periodically. An application fee of $200 is set by the resolution, which will partially offset the City's cost to process each application, and is only paid if the Preservation Agreement is approved by the Mayor and Council. Under the terms of the form Preservation Agreement, each property owner entering into an agreement will pay a yearly administrative fee of $75 to offset costs of program administration. Recommendation: Adopt resolution Mills Act Property Tax Abatement Program Technical Assistance Bulletin #12 CALIFORNIA OFFICE OF HISTORIC PRESERVATION Department of Parks & Recreation 1416 9th Street Room 1442-7 Sacramento, CA 95814 PO Box 942896 Sacramento, CA 94296 916-653-6624 calshpo@ohp. parks. ca .qov www.ohp.parks.ca.qov This publication has been financed in part with Federal funds from the National Park Service, Department of the Interior, under the National Historic Preservation Act of 1966, as amended, and administered by the California Office of Historic Preservation. The contents and opinions do not necessarily reflect the views or policies of the Department of the Interior, nor does the mention of trade names or commercial products constitute endorsement or recommendation by the Department of the Interior. Under Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, the U.S. Department of the Interior strictly prohibits unlawful discrimination on the basis of race, color, national origin, age, or handicap in its federally- assisted programs. If you believe you have been discriminated against in any program, activity, or facility as described above, or if you desire further information, please write to Office for Equal Opportunity, U.S. Department of the Interior, National Park Service, Box 37127, Washington DC 20013-7127. December 2004 Table of Contents Mills Act Property Tax Abatement Program .................................................................... 1 Purpose of the Mills Act Program ................................................................................1 Benefits to Local Governments.................................................................................... 1 Benefits to Owners...................................................................................................... 1 Qualified Historic Property ........................................................................................... 2 OHP's Role............................................................................................. .....................2 For Additional Information ............................................................................................ 2 California State Codes Relating to Mills Act Program .....................................................3 California Government Code, Article 12, Sections 50280 - 50290...............................3 California Revenue and Taxation Code, Article 1.9, Sections 439 - 439.4.................. 6 Mills Act Property Tax Abatement Program Purpose of the Mills Act Program Economic incentives foster the preservation of residential neighborhoods and the revitalization of downtown commercial districts. The Mills Act is the single most important economic incentive program in California for the restoration and preservation of qualified historic buildings by private property owners. Enacted in 1972, the Mills Act legislation grants participating local governments (cities and counties) 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. Benefits to Local Governments The Mills Act allows local governments to design preservation programs to accommodate specific community needs and priorities for rehabilitating entire neighborhoods, encouraging seismic safety programs, contributing to affordable housing, promoting heritage tourism, or fostering pride of ownership. Local governments have adopted the Mills Act because they recognize the economic benefits of conserving resources and reinvestment as well as the important role historic preservation can play in revitalizing older areas, creating cultural tourism, building civic pride, and retaining the sense of place and continuity with the community's past. 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. Contracts are automatically renewed each year and are transferred to new owners when the property is sold. Property owners agree to restore, maintain, and protect the property in accordance with specific historic preservation standards and conditions identified in the contract. Periodic inspections by city or county officials ensure proper maintenance of the property. Local authorities may impose penalties for breach of contract or failure to protect the historic property. The contract is binding to all owners during the contract period. Benefits to Owners 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 Property Tax Abatement Program OHP Technical Assistance Bulletin #14 1 Mills Act participants may realize substantial property tax savings of between 40% and 60% each year for newly improved or purchased older properties because valuations of Mills Act properties are determined by the Income Approach to Value rather than by the standard Market Approach to Value. The income approach, divided by a capitalization rate, determines the assessed value of the property. In general, the income of an owner-occupied property is based on comparable rents for similar properties in the area, while the income amount on a commercial property is based on actual rent. received. Because rental values vary from area to area, actual property savings vary from county to county. In addition, as County Assessors are required to assess all properties annually, Mills Act properties may realize slight increases in property taxes each year. Qualified Historic Property A qualified historic property is a property listed on any federal, state, county, or city register, including the National Register of Historic Places, California Register of Historical Resources, California Historical Landmarks, State Points of Historical Interest, and locally designated landmarks. Owner-occupied family residences and income- producing commercial properties may qualify for the Mills Act program. OHP's Role OHP provides technical assistance and guidance to local governments and property owners. OHP maintains a current list of communities participating in the Mills Act program and copies of Mills Act ordinances, resolutions, and contracts that have been adopted. OHP does not participate in the negations of the agreement and is not a signatory to the contract. For Additional Information Contact the planning department of the city or county within which the historic property is located. California's four largest cities (Los Angeles, San Diego, San Francisco, and San Jose) as well as more than 75 other city and county governments have instituted Mills Act programs. A list of communities participating in the Mills Act Program is available online at http://www.ohp.parks.ca.qov/default.asp?paqe id=21412. For additional information on the Mills Act, please contact Maryln Lortie in the Office of Historic Preservation, PO Box 942896, Sacramento CA 94296-0001, (916) 653-8911, mlort@ohp.parks.ca.qov. Mills Act Property Tax Abatement Program OHP Technical Assistance Bulletin #14 2 California State Codes Relating to Mills Act Program California Government Code, Article 12, Sections 50280 - 50290 50280. Restriction of property use. Upon the application of an owner or the agent of an owner of any qualified historical property, as defined in Section 50280.1, the legislative body of a city, county, or city and county may contract with the owner or agent to restrict the use of the property in a manner which the legislative body deems reasonable to carry out the purposes of this article and of Article 1.9 (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of the Revenue and Taxation Code. The contract shall meet the requirements of Sections 50281 and 50282. 50280.1. Qualified historic property. "Qualified historical property" for purposes of this article, means privately owned property which is not exempt from property taxation and which meets either of the following: (a) Listed in the National Register of Historic Places or located in a registered historic district, as defined in Section 1.191-2(b) of Title 26 of the Code of Federal Regulations. (b) Listed in any state, city, county, or city and county official register of historical or architecturally significant sites, places, or landmarks. 50281. Required contract provision. Any contract entered into under this article shall contain the following provisions: (a) The term of the contract shall be for a minimum period of 10 years. (b) Where applicable, the contract shall provide the following: (1) For the preservation of the qualified historical property and, when necessary, to restore and rehabilitate the property 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. (2) For the periodic examinations of the interior and exterior of the premises by the assessor, the Department of Parks and Recreation, and the State Board of Equalization as may be necessary to determine the owner's compliance with the contract. (3) For it to be binding upon, and inure to the benefit of, all successors in interest of the owner. A successor in interest shall have the same rights and obligations under the contract as the original owner who entered into the contract. (c) The owner or agent of an owner shall provide written notice of the contract to the Office of Historic Preservation within six months of entering into the contract. Mills Act Property Tax Abatement Program OHP Technical Assistance Bulletin #14 3 50281.1. Fees. The legislative body entering into a contract described in this article may require that the property owner, as a condition to entering into the contract, pay a fee not to exceed the reasonable cost of administering this program. 50282. Renewal. (a) Each contract shall provide that on the anniversary date of the contract or such other annual date as is specified in the contract, a year shall be added automatically to the initial term of the contract unless notice of nonrenewal is given as provided in this section. If the property owner or the legislative body desires in any year not to renew the contract, that party shall serve written notice of nonrenewal of the contract on the other party in advance of the annual renewal date of the contract. Unless the notice is served by the owner at least 90 days prior to the renewal date or by the legislative body at least 60 days prior to the renewal date, one year shall automatically be added to the term of the contract. (b) Upon receipt by the owner of a notice from the legislative body of nonrenewal, the owner may make a written protest of the notice of nonrenewal. The legislative body may, at any time prior to the renewal date, withdraw the notice of nonrenewal. (c) If the legislative body or the owner serves notice of intent in any year not to renew the contract, the existing 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. (d) The owner shall furnish the legislative body with any information the legislative body shall require in order to enable it to determine the eligibility of the property involved. (e) No later than 20 days after a city or county enters into a contract with an owner pursuant to this article, the clerk of the legislative body shall record with the county recorder a copy of the contract, which shall describe the property subject thereto. From and after the time of the recordation, this contract shall impart a notice thereof to all persons as is afforded by the recording laws of this state. 50284. Cancellation. The legislative body may cancel a contract if it determines that the owner has breached any of the conditions of the contract provided for in this article or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historical property. The legislative body may also cancel a contract if it determines that the owner has failed to restore or rehabilitate the property in the manner specified in the contract. 50285. Consultation with state commission. No contract shall be canceled under Section 50284 until after the legislative body has given notice of, and has held, a public hearing on the matter. Notice of the hearing shall be mailed to the last known address of each owner of property within the historic zone and shall be published pursuant to Section 6061. 50286. Cancellation. Mills Act Property Tax Abatement Program OHP Technical Assistance Bulletin #14 4 (a) If a contract is canceled under Section 50284, the owner shall pay a cancellation fee equal to 121/2 percent 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. (b) The cancellation fee shall be paid to the county auditor, at the time and in the manner that the county auditor shall prescribe, and shall be allocated by the county auditor to each jurisdiction in the tax rate area in which the property is located in the same manner as the auditor allocates the annual tax increment in that tax rate area in that fiscal year. (c) Notwithstanding any other provision of law, revenue received by a school district pursuant to this section shall be considered property tax revenue for the purposes of Section 42238 of the Education Code, and revenue received by a county superintendent of schools pursuant to this section shall be considered property tax revenue for the purposes of Article 3 (commencing with Section 2550) of Chapter 12 of Part 2 of Division 1 of Title 1 of the Education Code. 50287. Action to enforce contract. As an alternative to cancellation of the contract for breach of any condition, the county, city, or any landowner may bring any action in court necessary to enforce a contract including, but not limited to, an action to enforce the contract by specific performance or injunction. 50288. Eminent domain. In the event that property subject to contract under this article 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 legislative body to frustrate the purpose of the contract, such contract shall be canceled and no fee shall be imposed under Section 50286. Such contract shall be deemed null and void for all purposes of determining the value of the property so acquired. 50289. Annexation by city. In the event that property restricted by a contract with a county under this article is annexed to a city, the city shall succeed to all rights, duties, and powers of the county under such contract. 50290. Consultation with state commission. Local agencies and owners of qualified historical properties may consult with the State Historical Resources Commission for its advice and counsel on matters relevant to historical property contracts. Mills Act Property Tax Abatement Program OHP Technical Assistance Bulletin #14 5 California Revenue and Taxation Code, Article 1.9, Sections 439 - 439.4 439. Historical Property Restrictions; enforceably restricted property. For the purposes of this article and within the meaning of Section 8 of Article XIII of the Constitution, property is "enforceably restricted" if it is subject to an historical property contract executed pursuant to Article 12 (commencing with Section 50280) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code. 439.1. Historical Property; definitions. For purposes of this article "restricted historical property" means qualified historical property, as defined in Section 50280.1 of the Government Code, that is subject to a historical property contract executed pursuant to Article 12 (commencing with Section 50280) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code. For purposes of this section, "qualified historical property" includes qualified historical improvements and any land on which the qualified historical improvements are situated, as specified in the historical property contract. If the historical property contract does not specify the land that is to be included, "qualified historical property" includes only that area of reasonable size that is used as a site for the historical improvements. 439.2. Historical Property; valuation. When valuing enforceably restricted historical property, the county assessor shall not consider sales data on similar property, whether or not enforceably restricted, and shall value that restricted historical property by the capitalization of income method in the following manner: (a) The annual income to be capitalized shall be determined as follows: (1) Where sufficient rental information is available, the income shall be the fair rent that can be imputed to the restricted historical property being valued based upon rent actually received for the property by the owner and upon typical rentals received in the area for similar property in similar use where the owner pays the property tax. When the restricted historical property being valued is actually encumbered by a lease, any cash rent or its equivalent considered in determining the fair rent of the property shall be the amount for which the property would be expected to rent were the rental payment to be renegotiated in the light of current conditions, including applicable provisions under which the property is enforceably restricted. (2) Where sufficient rental information is not available, the income shall be that which the restricted historical property being valued reasonably can be expected to yield under prudent management and subject to applicable provisions under which the property is enforceably restricted. (3) If the parties to an instrument that enforceably restricts the property stipulate therein an amount that constitutes the minimum annual income to be capitalized, then the income to be capitalized shall not be less than the amount so stipulated. For purposes of this section, income shall be determined in accordance with rules and Mills Act Property Tax Abatement Program OHP Technical Assistance Bulletin #14 6 regulations issued by the board and with this section and shall be the difference between revenue and expenditures. Revenue shall be the amount of money or money's worth, including any cash rent or its equivalent, that the property can be expected to yield to an owner-operator annually on the average from any use of the property permitted under the terms by which the property is enforceably restricted. Expenditures shall be any outlay or average annual allocation of money or money's worth that can be fairly charged against the revenue expected to be received during the period used in computing the revenue. Those expenditures to be charged against revenue shall be only those which are ordinary and necessary in the production and maintenance of the revenue for that period. Expenditures shall not include depletion charges, debt retirement, interest on funds invested in the property, property taxes, corporation income taxes, or corporation franchise taxes based on income. (b) The capitalization rate to be used in valuing owner-occupied single family dwellings pursuant to this article shall not be derived from sales data and shall be the sum of the following components: (1) An interest component to be determined by the board and announced no later than September 1 of the year preceding the assessment year and that was the yield rate equal to the effective rate on conventional mortgages as determined by the Federal Housing Finance Board, rounded to the nearest 1/4 percent. (2) A historical property risk component of 4 percent. (3) A component for property taxes that shall be a percentage equal to the estimated total tax rate applicable to the property for the assessment year times the assessment ratio. (4) A component for amortization of the improvements that shall be a percentage equivalent to the reciprocal of the remaining life. (c) The capitalization rate to be used in valuing all other restricted historical property pursuant to this article shall not be derived from sales data and shall be the sum of the following components: (1) An interest component to be determined by the board and announced no later than September 1 of the year preceding the assessment year and that was the yield rate equal to the effective rate on conventional mortgages as determined by the Federal Housing Finance Board, rounded to the nearest 1/4 percent. (2) A historical property risk component of 2 percent. (3) A component for property taxes that shall be a percentage equal to the estimated total tax rate applicable to the property for the assessment year times the assessment ratio. (4) A component for amortization of the improvements that shall be a percentage equivalent to the reciprocal of the remaining life. (d) Unless a party to an instrument that creates an enforceable restriction expressly prohibits the valuation, the valuation resulting from the capitalization of income method described in this section shall not exceed the lesser of either the valuation that would have resulted by calculation under Section 110, or the valuation that would have resulted by calculation under Section 110.1, as though the property was not subject to an enforceable restriction in the base year. Mills Act Property Tax Abatement Program OHP Technical Assistance Bulletin #14 7 (e) The value of the restricted historical property shall be the quotient of the income determined as provided in subdivision (a) divided by the capitalization rate determined as provided in subdivision (b) or (c). (f) The ratio prescribed in Section 401 shall be applied to the value of the property determined in subdivision (d) to obtain its assessed value. 439.3. Historical Property; notice of nonrenewal. Notwithstanding any provision of Section 439.2 to the contrary, if either the county or city or the owner of restricted historical property subject to contract has served notice of nonrenewal as provided in Section 50282 of the Government Code, the county assessor shall value that restricted historical property as provided in this section. (a) Following the hearing conducted pursuant to Section 50285 of the Government Code, subdivision (b) shall apply until the termination of the period for which the restricted historical property is enforceably restricted. (b) The board or assessor in each year until the termination of the period for which the property is enforceably restricted shall do all of the following: (1) Determine the full cash value of the property pursuant to Section 110.1. If the property is not subject to Section 110.1 when the restriction expires, the value shall be determined pursuant to Section 110 as if the property were free of contractual restriction. If the property will be subject to a use for which this chapter provides a special restricted assessment, the value of the property shall be determined as if it were subject to the new restriction. (2) Determine the value of the property by the capitalization of income method as provided in Section 439.2 and without regard to the fact that a notice of non renewal or cancellation has occurred. (3) Subtract the value determined in paragraph (2) of this subdivision by capitalization of income from the full cash value determined in paragraph (1). (4) Using the rate announced by the board pursuant to paragraph (1) of subdivision (b) of Section 439.2, discount the amount obtained in paragraph (3) for the number of years remaining until the termination of the period for which the property is enforceably restricted. (5) Determine the value of the property by adding the value determined by the capitalization of income method as provided in paragraph (2) and the value obtained in paragraph (4). (6) Apply the ratios prescribed in Section 401 to the value of the property determined in paragraph (5) to obtain its assessed value. 439.4. Historical Property; recordation. No property shall be valued pursuant to this article unless an enforceable restriction meeting the requirements of Section 439 is signed, accepted and recorded on or before the lien date for the fiscal year in which the valuation would apply. Mills Act Property Tax Abatement Program OHP Technical Assistance Bulletin #14 8 COMMUNITIES PARTICIPATING IN MILLS ACT PROGRAM Jurisdiction County # of Contract Ordinance Certified Local Government Berkeley Alameda 1 YES YES Fremont Alameda 2 YES NO Chico Butte 2 NO NO Danville Contra Costa 4 YES YES Orinda Contra Costa NO Claremont Los Anoeles 1 NO NO Covina Los Angeles 0 YES NO Glendale Los AnQeles 6 YES YES Glendora Los Anoeles 5 YES NO La Verne Los Angeles 6 NO NO Lono Beach Los Anoeles 22 YES YES Los Anegles (county) Los Angeles 2 NO NO Los AnQeles (citv) Los AnQeles 185 YES NO Monrovia Los Angeles 63 YES NO Norwalk (pending) Los Angeles Pasadena Los Anoeles 12 YES YES Pomona Los Angeles 0 YES NO Redondo Beach Los Anoeles 43 YES YES San Gabriel Los Angeles 1 YES NO Santa Monica Los AnQeles 18 YES YES Sierra Madre Los Angeles 14 YES NO South Pasadena Los AnQeles 3 YES West Hollywood Los Angeles 68 YES YES Whittier Los AnQeles 24 YES NO Belvedere Marin 1 YES NO Larkspur Marin 1 YES NO Monterev (city) Monterev 5 YES YES Monterey (county) (pending) Monterey YES Napa (city) Napa 0 NO YES SI. Helena Napa 0 YES NO Anaheim Orange 97 YES NO Brea Oranoe 5 NO NO Dana Point Orange 5 YES NO Irvine OranQe 1 NO Laouna Beach Orange 5 YES NO La Mesa Orange 0 NO Oranoe (city) Oranoe 74 YES NO San Clemente Oranoe 16 YES YES San Juan Capistrano Orange 1 NO Santa Ana OranQe 10 YES YES Tustin OranQe 6 YES YES Placer (county) Placer 0 YES NO Corona Riverside 5 YES NO Palm Sprinos Riverside 1 YES NO Sacramento (city) Sacramento 29 YES YES Colton San Bernardino 12 YES YES Highland San Bernardino 2 NO YES Ontario San Bernardino 11 NO YES Rancho Cucamonga San Bernardino 22 YES NO Upland San Bernardino 28 NO NO COMMUNITIES PARTICIPATING IN MILLS ACT PROGRAM Jurisdiction County # of Contract Ordinance Certified Local Government Chula Vista San Diego 29 NO Coronado San Diego 0 YES NO Escondido San DieQo 54 YES YES La Mesa San Dieao 7 YES NO National City San Diego 3 YES NO San DieQo (city) San DieQo 473 YES YES San Diego (county) San DieQo 13 YES YES San Francisco (city and county) San Francisco 1 YES YES Paso Robles San Luis Obispo YES NO San Luis Obispo (city) San Luis Obispo 19 YES NO Redwood City San Mateo 5 YES YES San Mateo (city) San Mateo 1 YES NO South San Francisco San Mateo 6 YES NO Gilroy Santa Clara Los Altos Santa Clara 5 YES YES Morgan Hill Santa Clara 1 YES NO Palo Alto Santa Clara 2 YES YES San Jose Santa Clara 3 YES YES Santa Clara (county) Santa Clara 4 NO NO Saratoga Santa Clara 0 YES YES Sunnyvale Santa Clara 3 YES YES Benicia Solano 12 YES NO Vallejo Solano 2 YES YES Modesto Stanislaus 12 YES NO Jamestown (unicoroorated) Tuolomne 1 YES YES Soulsbvville (unincorporated) Tuolomne 1 YES YES Tuolomne (unicorporated) Tuolomne 1 YES YES Tuttletown (unincorporated) Tuolomne 1 YES YES Ojai Ventura 1 YES NO Ventura (City) Ventura 0 YES NO Ventura (county) Ventura 1 YES YES . STATE OF CALIFORNIA -"~-~--~.------- STATE BOARD OF EQUALIZATION PROPERTY AND SPECIAL TAXES DEPARTMENT 450 N STREET. SACRAMENTO. CALIFORNIA PO BOX 942879. SACRAMENTO. CALIFORNIA 94279-0064 916445-4982 . FAX 916 323-8765 www.boe.ca.gov BETTY T. YEE Acting Member First District, San Francisco BILL LEONARD Second District, Sacramento/Ontario CLAUDE PARRISH Third District, long Beach June 2, 2005 JOHN CHIANG Fourth District, Los Angeles STEVE WESTL Y Stale Controller, Sacramento RAMON J HIRSIG Executive Director No. 2005/035 TO COUNTY ASSESSORS AND INTERESTED PARTIES: NOTICE OF BOARD ACTION GUIDELINES FOR THE ASSESSMENT OF ENFORCEABL Y RESTRICTED HISTORICAL PROPERTY On May 25, 2005, the Board of Equalization approved the following guidelines pertaining to the assessment of enforceably restricted historical property. These guidelines supersede Letter To Assessors No. 7711 74 (dated December 19, 1977). 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 enforceably 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 enforce ably restricted historical property based on sales data and instead require that such property be valued by a prescribed income capitalization method. Staff drafted these guidelines in consultation with interested parties and, after discussions, no issues remained unresolved. The guidelines discuss the enforceably restricted historical property requirements, the income to be capitalized, the capitalization rate, the effect of Proposition 13 upon enforceably restricted historical properties that undergo change in ownership or new construction, and the valuation of property under notice of nonrenewal. The guidelines are posted on the Board's website at www.boe.ca.gov/proptaxes/guideproc.htm. We hope this information proves useful and promotes uniformity of assessment for these properties. If you have any questions, please contact our Real Property Technical Services Unit at 916-445-4982. Sincerely, /s/ David J. Gau David 1. Gau Deputy Director Property and Special Taxes Department DJG:grs Enclosure GUIDELINES FOR THE ASSESSMENT OF ENFORCEABL Y RESTRICTED HISTORICAL PROPERTY HISTORY Effective March 7, 1973, Chapter 1442 of the Statutes of 1972 (also known as the Mills Act) added sections 50280 through 50289 to the Government Code to allow an owner of qualified historical property to enter into a preservation contract with local government. When property is placed under such a contract, the owner agrees to restore the property if necessary, maintain its historic character, and use it in a manner compatible with its historic characteristics. Prior to the passage of Proposition 7 in 1976, these agreements (i.e., Mills Act contracts) constituted enforceable restrictions on the use of land within the meaning of Revenue and Taxation Code section 402.11 (Property Tax Rule 60, repealed January 10, 1978). However, Proposition 7 added the second paragraph to section 8 of article XIII of the California Constitution: To promote the preservation of property of historical significance, the Legislature may define such property and shall provide that when it is enforceably restricted, in a manner specified by the Legislature, it shall be valued for property tax purposes only on a basis that is consistent with its restrictions and uses. To implement Proposition 7, Chapter 1040 of the Statutes of 1977 (Senate Bill 380) added sections 439 through 439.4 to the Revenue and Taxation Code. These statutes, in particular section 439.2, prohibit a valuation of enforceably restricted historical property based on sales data and instead require that such property be valued by a prescribed income capitalization method. ENFORCEABL Y RESTRICTED HISTORICAL PROPERTY Under section 439, historical property is "enforceably restricted" if it meets the definition of a "qualified historical property" as defined in Government Code section 50280.1 and is subject to a historical property contract executed pursuant to Government Code section 50280 and following. A qualified historical property includes qualified historical improvements and the land on which the improvements are situated, as specified in the historical property contract. If the contract does not specify the land to be included, the qualified historical property includes only a land area of reasonable size to situate the improvements. A qualified historical property is privately-owned property that is not exempt from property taxation and that also meets either of the following criteria: . The property is listed in the National Register of Historic Places, or is located within a registered historic district; or I Unless otherwise noted, all statutory references are to the Revenue and Taxation Code. . The property is listed in any official state, county, city, or city and county official register of historical or architecturally significant sites, places or landmarks, including the California Register of Historical Resources, California Historical Landmarks, State Points of Historical Interest, local landmarks, and local survey listings of historical properties. The historical property contract must have a minimum term often years, and, as applicable, must contain certain other elements, including the following: . A provision relating to the preservation of the qualified historical property and, when necessary, the restoration and rehabilitation of the property in conformance with state historic preservation guidelines; . A requirement for the periodic examination of the property to ensure compliance with the agreement; . A requirement that the historical property agreement be binding upon successor owners of the qualified historical property; and . A provision for an automatic one-year extension of the contract, with an additional year added to the initial contract term on each anniversary of the contract, unless either party provides notice of nonrenewal. If a notice of nonrenewal is given, the contract runs for its remaining tenn. Once a contract is signed, accepted, and recorded, the property subject to the contract must be assessed under section 439.2 on the ensuing lien date. For example, if a contract were recorded in August 2004, the property should have been valued pursuant to section 439.2 for lien date January I, 2005. Local authorities may cancel a historical property agreement for breach of contract or failure to protect the historical property. Alternatively, the local entity may take legal action to enforce the contract. ASSESSMENT The assessment of an enforceably restricted historical property involves the following aspects: (I) valuing the restricted historical property; (2) properly applying certain assessment provisions relating to article XIII A of the California Constitution (Prop 13); (3) valuing the restricted historical property following a notice of nonrenewal; and (4) valuing the restricted historical property following cancellation of the contract. Valuing the Restricted Historical Property Section 439.2 prohibits the assessor from using sales data relating to similar properties, whether or not enforceably restricted, to value an enforceably restricted historical property. Instead, the assessor must annually value a restricted historical property using an income approach that 2 follows the specific provisions of section 439.2. These provisions explicitly address (I) the determination of the income to be capitalized, (2) the development of the capitalization rate, (3) the capitalization technique to be used, and (4) the determination of the restricted historical property's taxable value on each lien date. Income to be Capitalized As provided in section 439.2(a), the income to be capitalized when valuing a restricted historical property is the property's fair rent less allowed expenditures, or allowed expenses. In general, section 439.2(a) follows Property Tax Rule 8(c), with fair rent in section 439.2 corresponding to gross return in Rule 8(c); allowed expenditures, or allowed expenses, in section 439.2 corresponding to gross outgo in Rule 8(c); and the income to be capitalized in section 439.2 corresponding to net return in Rule 8(c). In addition, for the purposes here, "gross income" is synonymous with fair rent, and "net operating income" is synonymous with the income to be capitalized. The parties to a historical property agreement may stipulate a minimum annual income to be capitalized, in which case the income to be capitalized may not be less than the stipulated amount. Fair rent, or gross income. The gross income of a restricted historical property is the fair rent for the property considering the restrictions on the property's use. When establishing the fair rent for a restricted historical property, the appraiser should consider the actual rent and typical rents in the area for similar properties in similar use, where the owner pays the property taxes. The actual rent received by the owner of the subject restricted historical property is relevant to an estimate of fair market rent only if the actual rent is the same rent that would be expected if the existing lease were renegotiated in light of current market conditions, including the subject property's enforceable restrictions on use. With respect to rents from similar, or comparable, properties, if such rents are from properties outside the geographic or market area of the subject property, or from properties that are otherwise dissimilar to the subject property, the rents may not be relevant to an estimate of the subject property's fair rent. Comparable rental data for single-family residences can be obtained from real estate brokers, rental agencies, and newspaper ads. Many assessors offices maintain rental data for commercial properties, and this data may be helpful when establishing the fair rent for restricted historical property when the contract allows a commercial use. Rental data for commercial property also can be obtained from commercial real estate brokers. For the purpose of estimating anticipated market fair rent and expenditures for use in calculating the subject property's value, rental and expense data for existing restricted historical properties, including the subject historical property, can be obtained through an annual questionnaire sent to property owners. If sufficient rental data are not available, or such data are unreliable, the appraiser must impute a gross income for the subject restricted historical property. The imputed income should be based on what an informed investor would reasonably expect the property to yield under prudent management, given the provisions under which the property is enforceably restricted. 3 Allowed expenditures. Section 439.2(a)(3) defines allowed expenditures, or allowed expenses, as expenses necessary for the maintenance of the property's income. Allowed expenses are the same as those permitted in Property Tax Rule S(c). Typical expenses include the cost of utilities, maintenance and repair, insurance and property management. Allowed expenses also may include amounts owing for special assessments and special taxes. Expenses related to debt service, general property taxes, and depreciation should not be deducted. In general, to arrive at the net income to be capitalized, allowed expenses are subtracted from the estimated rental income. However, in order to properly process the income, the appraiser must be aware of the structure of the lease with regard to how expenses are shared between the landlord-owner and the tenant. The proper perspective from which to view the processing of income and expenses is that of the landlord-owner. The objective is to estimate the net income to the landlord-owner-this is the amount that should be capitalized-and the correct question to ask is the following: What, if any, allowed expenses must the landlord-owner payout of the rental income that he or she receives? In a gross lease, almost all of the allowed expenses must be paid out of the gross rent and, therefore, must be subtracted from the gross rent to arrive at the net income to be capitalized. In a net lease, relatively few allowed expenses must be paid by the landlord-owner out of the net rent (because the tenant pays most expenses) and only these expenses should be subtracted from the net rent to arrive at the net income to be capitalized. Frequently, there is a hybrid arrangement-some expenses are paid by the landlord-owner and some by the tenant. How expenses are shared often depends upon the property type together with local conventions. Income to be capitalized, or net operating income. The income to be capitalized, or net operating income, is simply the fair rent, or gross income, described above less the allowed expenditures described above. Capitalization Rate The method of developing the capitalization rate to be used when valuing restricted historical property is prescribed by statute; a capitalization rate derived from sales data or the band of investment is not permitted. Section 439.2 prescribes two types of capitalization rates for restricted historical property: (I) a capitalization rate to be used when valuing restricted historical property that is an owner- occupied single-family residence and (2) a capitalization rate to be used when valuing all other restricted historical property. Both types of capitalization rates include components for interest (i.e., yield), risk, property taxes, and amortization of improvements; in fact, the two rates are identical except for the amount of the risk component. The capitalization rate contains the following components: 4 . An interest component annually determined by the State Board of Equalization and based on the effective rate on conventional mortgages as determined by the Federal Housing Finance Board. The interest component is announced annually, in a Letter To Assessors, by October I of the preceding assessment year. . A historical property risk component determined by property type. For owner-occupied single-family residences, the rate is 4 percent; for all other types of restricted historical property, the rate is 2 percent. . An amortization component for improvements defined as a percentage equal to the reciprocal of the remaining life of the improvements (e.g., if the remaining economic life of the improvements were 20 years, the amortization component would be 5 percent). Since the amortization component applies only to improvements, not to land, which is a non- depreciating asset, it is necessary to adjust the amortization component described in the statute. We recommend the following method of adjustment: I. Based upon market data, estimate the percentage of total property value attributable to improvements. 2. Multiply this percentage by the amortization component described in the statute (i.e., by the reciprocal of the remaining life of the improvements). For example, if the remaining life of the improvements was 20 years, yielding a reciprocal percentage of 5 percent, and if 70 percent of the total property value was attributable to the improvements, the adjusted amortization factor would be 3.5 percent (0.05 x 0.70 == 0.035). 3. Add the adjusted amortization component to the other capitalization rate components to arrive at the total capitalization rate. . A property taxes component equal to the percentage of the estimated total tax rate applicable to the property for the assessment year multiplied by the assessment ratio. Typically, the property tax component includes the basic tax rate of I percent plus an additional ad valorem rate related to any bonded indebtedness pertaining to the tax rate area in which the property is located. Special district assessments and special taxes are not included in the property tax component. As noted above, they should be treated as allowed expenses. Capitalization Technique The capitalization technique to be used when valuing a restricted historical property is prescribed by statute and is formulaic. Section 439.2(e) provides that the restricted value shall be the income to be capitalized, or net operating income, developed as prescribed by statute, divided by one of the two types of capitalization rates prescribed by statute. In other words, the restricted value is the simple quotient of the prescribed income to be capitalized and the prescribed capitalization rate. 5 Determination of Taxable Value on Each Lien Date Section 439.2(d) provides that a historical property's restricted value may not be enrolled if it exceeds either (I) the value of the subject property as determined under section 110 (i.e., current market value) or (2) the value of the subject property as determined under section 110.1 (i.e., factored base year value). In other words, section 439.2 states that the taxable value of a restricted historical property on each lien date shall be the lowest of its restricted value, current market value, or factored base year value. The factored base year value for an enforceably restricted historical property is the value that was established for the 1975 lien date2 or as of the date of the most recent change in ownership, whichever is later, adjusted by the annual inflation factor. Article XIII A (Prop 13) Considerations This section discusses how three important elements relating to implementation of article XIII A-change in ownership, new construction, and supplemental assessment-relate to the assessment of restricted historical property. Also discussed is the case in which only a portion of a property is subject to the historical property agreement-that is, the case in which a single property unit contains both restricted and unrestricted portions. Change in Ownership When a property subject to a historical property contract undergoes a change in ownership, a new base year value should be established for the property as of the date of change in ownership, as provided in section 110.1. Typically, a restricted historical property's base year value will be greater than its restricted value determined under section 439.2 and hence will not be enrolled as the property's taxable value. However, the establishment of a new base year value enables the assessor to perform the three-way value comparison prescribed by section 439.2(d) and described above. The establishment of a base year value is also necessary in order to calculate the assessed values of historical property should the historical property agreement enter nonrenewal status. New Construction Section IV of National Register Bulletin # IS defines a "building" as follows: A building, such as a house, barn, church, hotel, or similar construction, is created principally to shelter any form of human activity. "Building" may also be used to refer to a historically and functionally related unit, such as a courthouse and jailor a house and barn. Section IV further specifies that "[b]uildings eligible for the National Register must include all of their basic structural elements. Parts of buildings, such as interiors, facades, or wings, are not eligible independent of the rest of the existing building. The whole building must be considered, 2 Sections 110.I(d) and 405.5 do not apply to historical properties under contract as of lien date 1975 because the constitutional amendment which placed the valuation of historical property under article XIII rather than article Xlll A had not yet been passed and, thus, was not in effect for the 1975 lien date. 6 and its significant features must be identified." Thus, eligibility for the National Register is determined by the extent to which the basic structural elements of an existing building are intact. In general, a newly constructed building would not be eligible because it is not an existing building with basic structural elements.3 Also, a newly constructed building is not a historic resource, and, thus, is not a qualified historical property within the meaning of Government Code section 50280.1. For example, a newly constructed detached garage (assuming it is not a reconstruction of a historical garage) clearly would not be eligible because it has no significance in American history or architecture, nor does it meet any of the other requisite criteria. Bulletin 15, however, does list one type of newly constructed property that may be eligible for inclusion under the Mills Act. A reconstructed historic building is eligible for the National Register if the reconstruction is "accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan, and when no other building or structure with the same association has survived." The historical property contract typically specifies the scope and type of any work to be performed on the historical improvements. Improvements existing as of the date of the contract would be subject to the provisions of section 439.2 unless specifically excluded by the contract. Any new construction made to the historical structure after the issuing date of the contract would not be subject to the provisions of section 439.2 unless specifically included in the contract or an amendment to the contract. Any questions regarding new construction to enforceably restricted historical structures should be directed to the counsel of the legislative body of the city, county, or city and county that contracted with the property owner. Assuming that the newly constructed property is subject to the historical property contract, a base year value should be established for the newly constructed portion and this value added to the factored base year value of the existing restricted property. In some cases, an existing historical property may include a portion that is restricted (i.e., subject to a historical property contract) and a portion that is unrestricted. In this case, separate factored base year values should be maintained for the restricted and unrestricted portions and the base year value of any newly constructed property added to the appropriate portion. The assessment treatment of this type of property is discussed further below. Supplemental Assessment Although the assessor is required to establish a new base year value upon a change in ownership or completed new construction involving restricted historical property, such property is not subject to supplemental assessment. As provided in Revenue and Taxation Code section 75.14: Supplemental assessment; limitation. A supplemental assessment pursuant to this chapter shall not be made for any property not subject to the assessment 3 National Register Bulletin 15, "How to Apply the National Register Criteria for Evaluation," U.S. Department of the Interior, National Park Service (www.cr.nps.gov/nr/publications/). 7 limitations of Article XIII A of the California Constitution. All property subject to the assessment limitations of Article XIII A of the California Constitution shall be subject to the provisions of this chapter, except as otherwise provided in this article. As discussed above, the assessment of enforceably restricted historical property is subject to the provisions of article XIII, section 8 of the California Constitution, not article XIII A. Thus, section 75.14 precludes the assessor from enrolling supplemental assessments for enforceably restricted historical property. Historical property not yet under contract that undergoes a change in ownership or new construction is subject to supplemental assessment, even if the property owner later executes a historical property contract in the same fiscal year. Also, any new construction involving a historical property that does not come under the existing historical property contract (e.g., a detached garage added to a restricted historical property) would be subject to supplemental assessment. When a Property Contains Both Restricted and Unrestricted Portions When only a portion of a property that would normally be considered a single appraisal unit is restricted by a historical property contract, the assessed value should be determined by making a comparison of three values, determined as follows. First, the portion under contract should be valued using the capitalization method prescribed by section 439.2. Added to this figure should be the lower of the unrestricted portion's fair market value or factored base year value. The resulting sum should be compared to both the fair market value and the factored base year value of the entire property (i.e., both restricted and unrestricted portions) and the lowest of the three figures should be enrolled. Valuing Property Under Notice of Nonrenewal As provided in Government Code section 50282, either the owner of a restricted historical property or the local government entity may serve notice that it does not intend to renew the historical property contract. If such notice is not given, another year is automatically added to the term of the initial contract, thus creating a "rolling" contract term that is always equal to the initial contract term. Section 439.3 prescribes the valuation method for a restricted historical property in nonrenewal status; this valuation method applies until the end of the restricted period (i.e., until the existing contract expires). In essence, the method results in a restricted value that gradually approaches the historical property's factored base year value as the remaining term under the contract decreases. For a property in nonrenewal status, the assessor must annually value the property as follows: 1. Determine the full cash value (i.e., factored base year value) of the property in accordance with section 110.1. (Alternatively, if the property will not be subject to section 110.1 when the historical property agreement expires, determine its fair market value in accordance with 8 section 110, as if the property were free of the agreement's restrictions; or, if the property will be subject to another type of restricted value standard when the historical property agreement expires, determine the property's value as if it were subject to the new restrictions.) 2. Determine the restricted value of the property by the capitalization of income method provided in section 439.2. 3. Subtract the restricted value determined in Step 2 from the factored base year (or other) value determined in Step I. 4. Using the amount for the interest rate component (section 439.2(b)(1)) announced by the Board, discount the amount obtained in Step 3 for the number of years remaining until the termination of the contract. 5. Determine the restricted value of the property in nonrenewal status by adding the value determined in Step 2 to the amount obtained in Step 4. The historical property's restricted value in nonrenewal status-that is, the value determined above, in accordance with section 439.3-should be compared with the historical property's factor base year and current market values, and the lowest of these three values should be enrolled as the property's taxable value. Cancellation of Contract The government entity party to a historical property contract may cancel the contract, after notice and a public hearing, if it determines that either the owner has breached the agreement or the property has deteriorated to the extent that it no longer meets the standards of a historical property. If the contract is cancelled, the property owner must pay a cancellation fee equal to 12 Y2 percent of the property's current fair market value as though free of the contractual restriction, such value to be determined by the county assessor. After a contract is cancelled, the lower of the property's factored base year value or current market value should be enrolled for the ensuing lien date. SUMMARY The key points contained in these guidelines can be summarized as follows: \. An owner of qualified historical property may enter into a preservation contract with local government. When property is placed under such a contract, the owner agrees to restore the property if necessary, maintain its historic character, and use it in a manner compatible with its historic characteristics. Such property receives the special valuation treatment prescribed under Revenue and Taxation Code sections 439 through 439.4. 2. Enforceably restricted historical property is to be annually valued by the income capitalization method prescribed in section 439.2, which contains specific instructions with 9 regard to the income to be capitalized, the capitalization rate, and the capitalization technique to be used. The restricted value must be compared to the property's current market value and factored base year value, with the lowest of these three values enrolled as the property's taxable value. 3. When assessing restricted historical property, the appraiser should consider how three important elements of article XIII A--change in ownership, new construction, and supplemental assessment-relate to the assessment. The appraiser should consider how a property should be assessed when only a portion of it is subject to a historical property agreement. 4. Restricted historical property under a notice of nonrenewal should be valued in accordance with section 439.3. 5. The government entity party to a historical property contract may cancel the contract. The cancellation fee is 12 Yz percent of the property's current fair market value as though free of the contractual restriction, with such value to be determined by the local assessor. Additional information about Mills Act contracts may be obtained from the state Office of Historic Preservation, either by telephone at 916-653-6624, or from their website ( www.ohp.parks.ca.gov ). (Note: Please see the assessment examples following.) 10 Historical Property Valuation Examples Page I EXAMPLE 1 (OWNER-OCCUPIED SINGLE-FAMILY RESIDENCE) Subject Restricted Historical Property Restored, I 05-year-old, Victorian single-family residence. Excellent condition. Under Mills Act contract since 1985 and not in nonrenewal status. Owner-occupied. Determination of Restricted Value (current lien date) Gross income (Fair rent) $1,500 per month x 12 months = Less: Anticipated vacancy and collection loss $18,000 x 5% Effective gross income Less: Anticipated operating expenses Grounds maintenance Fire insurance Management Fee Water and garbage Building maintenance Net Operating Income $18,000 - 900 $1 7,100 $600 400 360 240 + 500 - 2,1 00 $15,000 Restricted Capitalization Rate Rate Components: Interest rate .080 Risk (owner-occupied SFR) .040 Property tax (ad valorem) .015 Amortization (50-year remaining life; improvements constitute 70% of total property market value; 0.02 x 0.70 - 0.014) + .014 .149 Restricted Value $15,000 -:- .149 = $100,671 Taxable Value--Three-Way Value Comparison Restricted value Factored base year value (based on prior change in ownership) Current market value (based on comparable sales) $100,671 $357,000 $450,000 The lowest of the three possible values is the restricted value. Thus, the net taxable value would be $93,671 ($100,671 restricted value less the homeowners' exemption of $7,000). Note I: If this property had been a non-owner-occupied SFR, the only difference in the determination of the restricted value would have been the use of a risk rate component of 2% rather than 4% in the capitalization rate. Note 2: In this and the following examples, the gross income, or fair rent, is presented on a gross rent basis, that is, under the assumption that the landlord-owner pays all operating expenses out of the gross income. Historical Property Valuation Examples Page 2 EXAMPLE 2 (OFFICE USE) Subject Restricted Historical Property Multi-tenant, restored historical office building in a downtown commercial district. Under Mills Act contract since 1985 and not in nonrenewal status. Determination of Restricted Value (current lien date) Gross Income (Fair rent): Offices 140,000 sf@ $1.75/sf= $245,000 x 12 months = $2,940,000 Less: Anticipated vacancy and collection loss $2,940,000 x 5% Effective gross income Less: Anticipated operating expenses Management Maintenance Insurance Utilities Janitorial Net Operating Income - 147,000 $2,793,000 $290,000 95,000 75,000 360,000 + 140,000 - 960,000 $1,833,000 Restricted Capitalization Rate Rate Components: Interest component .08 ~~ .m Property tax (ad valorem) .011 Amortization (50-year remaining life; improvements constitute 75% of total property market value 0.02 x 0.75 = 0.015) + .015 .126 Restricted Value ($ \,833,000 -7 .126) = $14,547,619 Taxable Value--Three-Way Value Comparison Restricted value Factored base year value (based on prior change in ownership) Current market value (based on comparable sales) $14,547,619 $18,191,077 $21,000,000 The lowest of the three possible values is the restricted value. Thus, the taxable value would be $14,547,619 Historical Property Valuation Examples Page 3 EXAMPLE 3 (MIXED USE-RESIDENTIAL AND OFFICE) Subject Restricted Historical Property Two-story, restored historical property in a downtown district. Upper level is residential unit occupied by owner. Lower level contains three office spaces subject to short-term rental agreements. The income stream for the upstairs unit must be calculated separately from the downstairs unit because the risk rate is different for the owner-occupied unit. Determination of Restricted Value Separate restricted values for the upper-level residence and the lower-level office space must be determined, because the risk components are different for the two types of use. The total restricted value is sum of these two values. Upper-Level Unit Gross income (Fair rent) based upon comparable rent data $975 per month x 12 months = $11,700 Less: Anticipated vacancy and collection loss $11,700 x 5% Effective gross income Less: Anticipated operating expenses Grounds maintenance Fire insurance Management Fee Water and garbage Building maintenance Upper-Level Net Operating Income Restricted Capitalization Rate (owner-occupied SFR) Rate components: Interest rate .080 Risk .040 Property tax .0 I 0 Amortization ( 50-year remaining life; improvements constitute 70% of total property market value; 0.02 x 0.70 = 0.014) Upper-level Restricted Value ($10,065 + .144) - 585 $11,115 $300 200 180 120 + 250 - 1.050 $10,065 +.014 .144 = $69,895 Lower-Level Offices Gross income (Fair rent) 1000 sf @ $1.60/sf = $1,600 x 12 months Less: Anticipated vacancy and collection loss $19,200 x 5% Effective gross income $19,200 - 960 $18,240 Historical Property Valuation Examples Page 4 Less: Anticipated operating expenses Grounds maintenance Fire insurance Management Fee Water and garbage Building maintenance Lower-Level Net Operating Income $300 200 180 120 + 250 - 1,050 $17,190 Restricted Capitalization Rate Rate components: Interest component .080 Risk .020 Property tax .0 I 0 Amortization (50-year remaining life; improvements constitute 70% of total property market value; 0.02 x 0.70 = 0.014) + .014 Lower Level Restricted Value ($17,190 -:- .124) Add: Upper Level Restricted Value Total Restricted Value .124 $138,629 + $69,895 $208,524 Taxable Value---Three-Way Value Comparison Restricted Value Factored base year value (based upon prior change in ownership) Current market value (based upon comparable sales data) $208,524 $364,140 $400,000 The lowest of the three possible values is the restricted value. Thus, the net taxable value would be $20 1,524 ($208,524 less the homeowners' exemption of $7,000). Historical Property Valuation Examples Page 5 EXAMPLE 4 (MIXED VALUATION-PART RESTRICTED AND PART UNRESTRICTED) Description of Subject Property (Comprises Both Restricted and Unrestricted Portions) The subject property is a 10-acre parcel with a farmhouse and barn situated on 2 acres; the remaining 8 acres are farmland. The farmhouse and barn are used as an owner-occupied single- family residence; this portion of the property is restricted under a Mills Act contract. The remaining 8 acres of farmland are unrestricted. Value of Restricted Portion (current lien date) Gross income (Fair rent) for farmhouse and barn $2,000 per month x 12 months = Less: Anticipated vacancy and collection loss $24,000 x 5% Effective gross income Less: Anticipated operating expenses Grounds maintenance Fire insurance Management Fee Water and garbage Building maintenance Net Operating Income $24,000 - 1,200 $22,800 $600 400 360 240 + 500 - 2.1 00 = $20,700 Restricted Capitalization Rate Rate components: Interest component .080 Risk (owner-occupied) .040 Property tax (ad valorem) .010 Amortization (50-year remaining life; improvements constitute 70% of total property market value 0.02 x 0.70 = 0.014) + .014 Restricted Value ($20,700 -:- .144) .144 = $143,750 Taxable Value--Three-Way Comparison Total Property Restricted Value (sum of restricted value above and lower of FBYV or current market value of unrestricted portion) Restricted Value (portion under contract) FBYV (unrestricted portion) Restricted Value (total property) Factored base year values (based upon a prior change allocated between restricted and unrestricted portions): Farmhouse, barn, and 2 acres (restricted portion) 8 acres (unrestricted portion) Total FBYV (total property) $143,750 + $102,000 $245,750 in ownership of the entire property, $204,000 + $102,000 $306,000 Historical Property Valuation Examples Page 6 Current market values (based upon comparable sales data): Farmhouse, barn, and 2 acres (restricted portion) 8 acres (unrestricted portion) Total Current Market Value (total property) $230,000 + $120,000 $350,000 The lowest of the three values is the Restricted Value (total property), $245,750. Thus, the net taxable value would be $238,750 ($245,750 less $7,000 homeowners' exemption). Historical Property Valuation Examples Page 7 EXAMPLE 5 (PROPERTY IN NONRENEWAL STATUS) Description of Subject Restricted Historical Property The same property as in Example 2, except the property owner has served notice of renewal. The Mills Act contract covering the property was originally executed in September 1995, and the owner served notice of nonrenewal in June 2004. Value the property for the 2005 lien date, reflecting its nonrenewal status. Assume that the property's restricted, current market, and factored base year values from Example 2, provided below, also refer to January 1, 2005. Restricted value Current market value Factored base year value $14,547,619 $21,000,000 $18,191,077 Restricted Value in Nonrenewal Status Value as if unrestricted (factored base year value) Restricted value Difference Present worth of difference PWl @ 6.00 %, 9 years (interest component for lien date 2005) $18,191,077 - 14.547,619 $ 3,643,458 Plus restricted value Restricted value in nonrenewal status-lien date January I, 2005 x.591898 = $ 2,156,555 + $14,547,619 $16,704,174 Taxable Value Since the restricted value in nonrenewal status, $16,704,174, is less than either the property's current market value or its factored base year value, this is the taxable value. 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 RESOLUTION NO.--.t (Q) fV RESOLUTION OF THE MAYOR AND COi\1MON COUNCIL OF THE CITY OF SAN BERNARDINO ESTABLISHING THE APPLICATION PROCESS, REVIEW PROCEDURES, AND REQUIRED CONTRACT PROVISIONS FOR THE IMPLEMENTATION OF A MILLS ACT PROGRAM IN THE CITY OF SAN BERNARDINO PURSUANT TO GOVERNMENT CODE SECTION 50280, ET SEQ., AND SETTING AN APPLICATION FEE WHEREAS, California Government Code, Article 12, Section 50280, more commonly known as the Mills Act, established legislation providing property tax relief for owners of qualified historic properties who contract with a city to abide by reasonable preservation requirements; and WHEREAS, preservation agreements will have beneficial effects on residential neighborhoods, businesses, community pride, and regional image; BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 13 SECTION 1. The program implementing California Government Code, Article 12, 14 15 16 17 18 Section 50280 et seq. (knovvn as the Mills Act) for the purpose of preserving, rehabilitating, and maintaining designated historic resources, shall be known as. the Mills Act. SECTION 2. The Mayor and Common Council hereby directs the City Administrator or his/her designee to develop and process applications for properties seeking qualification and 19 participation in the Mills Act. The City Administrator will also review and make a recommendation to the Mayor and Council on any application submitted pursuant to the Mills Act. The Mayor and Common Council is the final authority on the authorization and approval of any application pursuant to the Mills Act. SECTION 3. The form Preservation Agreement to be used in the Mills Act is attached and incorporated herein as Exhibit "A". The Mayor and Council hereby directs the City Administrator or his/her designee to amend and modify the form Preservation Agreement as deemed necessary and appropriate, in consultation with the City Attorney. The terms of the form Preservation Agreement shall always comply with California Government Code, Article ~D3D 11/1/c; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 -~ 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ESTABLISHING THE APPLICATION PROCESS, REVIEW PROCEDURES, AND REQUIRED CONTRACT PROVISIONS' FOR THE IMPLEMENTATION OF A MILLS ACT PROGRAM IN THE CITY OF SAN BERNARDINO PURSUANT TO GOVERNMENT CODE SECTION 50280, ET SEQ., AND SETTING AN APPLICATION FEE 12, Section 50280 et seq. (known as the Mills Act). The maintenance, repair, rehabilitation, and/or restoration standards applicable to the subject property shall be set forth in the form Preservation Agreement. In consideration for abiding with the terms of the Preservation Agreement. the owner of the subject property shall be entitled to qualify for a reassessment of the historic property. pursuant to Chapter 3, Part 2, of Division I of the California Revenue and Taxation Code. Each Preservation Agreement shall be subject to the approval of the Mayor and Common Council. SECTION 4. To limit the fiscal impact of the Mills Act to the City of San Bernardino, the City of San Bernardino shall not enter into or execute more than ten (10) Preservation Agreements per calendar year. Applications shall be accepted during the month of November only. during normal business hours. The ten (10) applicants will be randomly selected from all eligible applications submitted. SECTION 5. Eligibility for a Preservation Agreement shall be limited to the owners of those properties identified in the San Bernardino Historic Resources Reconnaissance Survey, Volume 2,.... Tabular List of All Surveyed Historic Resources, dated April 30, 1991. The Mayor and Council hereby find that all properties contained in this list shall be considered Qualified Historic Properties for purposes of the Mills Act, pursuant to California Government Code Section 50280.1 (b) SECTION 6. An application fee of $200 shall be paid by each property owner that has a Preservation Agreement approved by the Mayor and Common Council. //1 III 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERJ"JARDINO ESTABLISHING THE APPLICATION PROCESS, REVIEW PROCEDURES, AND REQUIRED CONTRACT PROVISIONS FOR THE IMPLEMENTATION OF A MILLS ACT PROGRAM IN THE CITY OF SAN BERNARDINO PURSUANT TO GOVERNMENT CODE SECTION 50280, ET SEQ., AND SETTING AN APPLICATION FEE I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the , 2005, by the following vote, to wit: _ day of Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA LONGVILLE MCGINNIS DERRY KELLEY JOHNSON MCCAMMACK City Clerk day of The foregoing resolution is hereby approved this 2005. Judith Valles, Mayor City of San Bernardino Approved as to Form and legal content: James F. Penman, City Attorney ./2 Exhibit" A" HISTORIC PROPERTY PRESERVATION AGREEMENT ("MILLS ACT CONTRACT") THIS AGREEMENT is made this San Bernardino, a municipal corporation ("City") and ("Owner"). , by and between the City of RECITALS I. California Government Code Section 50280, et. seq. allows cities the discretion to enter into contracts with the owners of qualified historic properties, as that term is defined in Government Code Section 50280.1, for the purpose of providing for the use, maintenance, protection, and restoration of such historic property so as to retain its characteristics as property of historic significance. 2. Owner holds fee title in and to that certain real property, together with associated structures and improvements thereon, general located at the street address San Bernardino, California ("Historic Property"). A legal description of the Historic Property is attached hereto as Exhibit "A" and incorporated herein by this reference. 3. By authorizing this agreement, the Common Council hereby designates the Historic Property as a Qualified Historic Property as defined by Resolution 2005 - _, Section 5. 4. City and Owner desire to enter into this Agreement for the purpose of protecting and preserving the characteristics of historical significance of the Historic Property that help provide the community with its own unique civic identity and character. 5. Owner, in consideration for abiding by the terms of this Agreement, shall be entitled to qualify for a reassessment of valuation of the Historic Property, pursuant to the provisions of chapter 3, Part, 2; of Division I of the California Revenue and Taxation Code, and any corresponding adjustment in property taxes resulting therefrom. TERM NOW, THEREFORE, the City and Owner in consideration of mutual covenants and conditions set forth herein, do hereby agree as follows: I. Effective Date and Term of Agreement. This Agreement shall be effective and commence on 200_ ("Effective Date") and shall remain in effect for a minimum initial term of ten (10) years thereafter unless canceled by the City pursuant to Section 8 or 9 of this Agreement. 2. Renewal. Upon each anniversary date, beginning at the end of the initial ten year term CRenewal Date"), an additional one (I) year shall automatically be added to the term of the Agreement unless a notice of nonrenewal is delivered as provided in Section 3 of this Agreement. 3. Nonrenewal. If either the Owner or City desires in any year not to renew this Agreement. Owner or City shall serve a written notice ofnonrenewal upon the other party in advance of the Renewal Date CNotice of Nonrenewal"). The Notice ofNonrenewal shall be effective only if served by Owner upon City at least ninety (90) days prior to 'the Renewal Date, or if served by City upon Owner, the Notice of Nonrenewal shall be effective only if served upon Owner at least sixty (60) days prior to the Renewal Date. If either City or Owner serves a Notice ofNonrenewal in any year, this Agreement shall remain in effect for the balance of the term then remammg. 4. Owner Protest ofCitv Nonrenewal. Within fifteen (15) days of Owner's receipt of the Notice of Nonrenewal from City, Owner may file with City a written protest of the Notice of Nonrenewal. Upon receipt of the written protest, the Common Council shall set a hearing prior 2 to the expiration of the Renewal Date of this Agreement. Owner may furnish the Common Council with any information which Owner deems relevant and shall furnish the Common Council with any information it may require. The Common Council may, at any time prior to the annual Renewal Date, withdraw its Notice of Nonrenewal. 5. Standards for Historical Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements, and restrictions: A. Owner shall preserve and maintain the characteristics of the cultural and historical significance of the Historic Property. Compliance or non-compliance with this section shall be determined by the Director of Development Services or his/her designee. In addition, Owner shall obtain any applicable permits necessary to protect, preserve, restore, and rehabilitate the Historic Property so as to maintain its historical and cultural significance. B. Owner. when necessary as determined by the City, shall restore and rehabilitate the Historic Property to conform to the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, the United States Secretary of the Interior Standards for Rehabilitation, and the State Historical Building Code. The condition of the exterior of the Historic Property on the effective date of this Agreement is documented in photographs attached as Exhibit "B" and incorporated herein by this reference. The Owner shall continually maintain the exterior of the Historic Property in the same or better condition as documented in Exhibit "B". C. Owner shall carry out specific restoration, repair, maintenance, and/or rehabilitation projects on the Historic Property, as outlined in the attached Exhibit "C", which is incorporated herein by this reference. All such projects shall be undertaken and completed in keeping with the historic nature of the property. Projects may be interior or exterior, but must utilize all property tax savings. 3 D. Owner shall not be permitted to block the view corridor with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the Historic Property. 6. Periodic Examinations. Upon reasonable advance notice, Owner shall allow reasonable periodic examinations of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization and/or City, as may be necessary to determine Owner's compliance with the terms and provisions of this Agreement. 7. Provision of Information of Compliance: Yearly Administrative Fee. Owner hereby agrees to furnish City with any and all information requested by City, which City deems necessary or advisable to determine eligibility of the Historic Property and compliance with the terms and provisions of this Agreement. Requested information may include, but not be limited to, required annual reports, as well as receipts documenting property maintenance and/or improvement expenditures that equal or exceed annual estimated property. tax savings. Owner shall also pay City a yearly administrative fee of seventy-five dollars ($75.00). 8. Breach of Agreement: Remedies. A. Notice of Breach; Opportunity to Cure. If Owner breaches any provision of this Agreement, City may give written notice to Owner by registered or certified mail detailing Owner's violations. If such violation is not corrected to the reasonable satisfaction of City within thirty (30) days after the date of notice of violation, or within such a reasonable time as may be required to cure the violation (provided the acts to cure the violation are commenced within thirty (30) days and thereafter diligently pursued to completion), the City may, without further notice, declare Owner to be in breach of this Agreement. Upon City's declaration of Owner's breach, City may pursue any remedy available under local, state, or federal law, including those specifically provided for in this section. 4 B. Remedv - Cancellation. City may cancel this Agreement if City determines, following a . . duly noticed public hearing in accordance with Government Code section 50285, that Owner breached any of the conditions of the Agreement, Owner allowed the Historic Property to deteriorate to the point that it no longer meets the standards for a qualified historic property, or Owner failed to restore or rehabilitate the Historic Property in accordance with the terms of this Agreement. If this Agreement is cancelled, under this paragraph, Owner shall pay a cancellation fee to the Office of the Auditor for the County of San Bernardino as required by Government Code section 50286. C. Alternative Remedies. As an alternative to cancellation of this Agreement for Owner's breach of any condition, City may bring an action in court necessary to enforce this Agreement including, but not limited to, an action to enforce this Agreement by specific performance, injunction, or receivership. 9. Destruction of Property: Eminent Domain: Cancellation. If the Historic Property is destroyed by earthquake, fire, flood, or other natural disaster such that in the opinion of the City Building Official more than sixty percent (60%) of the original fabric of the structure must replaced, this Agreement shall be cancelled because the historic value of the structure will have been destroyed. If the Historic Property 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 Mayor and Common Council to frustrate the purpose of this Agreement, this Agreement shall be cancelled. No cancellation fee pursuant to Government Code Section 50286 shall be imposed if the Agreement is cancelled pursuant to this Section. 10. Waiver. City does not waive any claim of default by Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are 5 available to the City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 11. Binding, Effect of Agreement. Owner hereby subjects the Historic Property to the covenants, conditions, and restrictions set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, conditions, and restrictions set forth herein shall be deemed covenants running with the land and shall inure to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Each and every contract, deed or other instrument hereinafter executed, covering or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions set forth herein. 12. Covenants Run with the Land. 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 they restrict development of the Historic Property. City and Owner 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 cultural and historical characteristics and significance of the Historic Property for the benefit of the public and the Owner. 13. Notice. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto: City: City of San Bernardino City Administrator's Office 300 North D Street San Bernardino, CA 92418-0001 6 Owner: 14. Effect of Agreement. None of the terms, provisions or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors or assigns; nor shall such terms, provisions or conditions cause the parties to be considered joint venturers or members of any joint enterprise. 15. Indemnity of Citv. Owner shall defend, indemnify, and hold harmless City and its elected officials, officers, agents and employees from any actual or alleged claims, demands causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state or local governmental agency, arising out of or incident to (i) the direct or indirect use, operation, or maintenance of the Historic Property by Owner or any contractor, subcontractor, employee, agent, lessee, licensee, invitee, or any other person; (ii) Owner's activities in connection with the Historic Property, or from the enforcement of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all attorney's fees, legal expenses and costs incurred by each of them. The costs, salaries and expenses of the City Attorney and members of his/her office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. Owner's obligation to indemnify shall survive the termination, cancellation, or expiration of this Agreement and shall not be restricted to insurance proceeds, if any received by City, its elected officials, employees, or agents. 16. Binding Upon Successors. All of the agreements, rights, obligations, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure 7 to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner whatsoever. 17. Legal Costs. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of anv of the covenants, conditions or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing parting in such proceeding may recover all reasonable attorneys' fees to be fixed by the court, in addition to court costs and other relief ordered by the court. The costs, salaries and expenses of the City Attorney and members of his/her office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. 18. Severability. In the event that any of the provisions of this Agreement 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. 19. Recordation. No later than twenty (20) days after the Effective Date, City shall cause this Agreement to be recorded in the office of the County Recorder of the County of San Bernardino. Owner shall provide written notice of the contract to the State Office of Historic Preservation within six (6) months of entering into the contract. 20. Amendments. This Agreement may be amended, in whole or in part, only by written recorded instrument executed by the parties hereto. 21. Governing Law and Venue. This Agreement shall be construed and governed in accordance with the laws of the State of California. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of San Bernardino 8 HISTORIC PROPERTY PRESERV A nON AGREEMENT ("MILLS ACT CONTRACT") State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county. IN WITNESS WHEREOF, City and Owner have executed this Agreement on the day and year first above written. Dated: CITY OF SAN BERNARDINO By: ATTESTED TO: By: Dated: Owner Owner Approved as to form and legal content JAMES F. PENMAN City Attorney By: 9 Exhibit "C" Mills Act Program Ten-Year Rehabilitation Plan City of San Bernardino Year Proposed Project* Estimated Cost Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 To be attached to the Historic Property Preservation Agreement (Mills Act Contract~ *See attached list of potential projects. Use additional sheets if necessary Projects may be interior or exterior, but must utilize all of your tax savings. Retain copies of all receipts and permits for submittal with the required annual reports. ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Mooting D'" (o,t, A~jt"'), J \r~11 0 ~ Vote: Ayes Nays Change to motion to amend original documents 0 Item# ~O Resolution # )ODS- 3~'-~ Abstain Absent Companion Resolutions NulI/Void After: days / Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0 PUBLISH 0 POST 0 RECORD W/COUNTY 0 / Date Sent to Mayor: I \r ~ " 0 ~ / Date of Mayor's Signature: II,.. I C' / CS ...-/ Date ofClerklCDC Signature: -.D' 10/0-( By: Reso, Log Updated: ~. Seal Impressed: ~/ Reso, # on Staff Report D Date Memo/Letter Sent for Signature: 1 st Reminder Letter Sent: Date Returned: 2nd Reminder Letter Sent: Not Returned: 0 Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): /' No By_ r-- No_ By_ No /' By No ~-jW = No:L'By_ Yes Yes Yes Yes Yes Copies Distributed to: Animal Control ~ EDA 0 City Administrator Facilities 0 City Attorney Finance 0 Code Compliance 0 Fire Department 0 Development Services 0 Human Resources 0 Others: Information Services 0 Parks & Recreation 0 Police Department 0 Public Services 0 Water Department 0 Notes: (/, ((/);O( Date: I Ready to File: _ Revised 12/18/03