Cultural Heritage Board
Memorandum
Community & Economic Development Department Planning Division 3900 Main Street, Riverside, CA 92522 | Phone: (951) 826-5371 | RiversideCA.gov
September 21, 2022
CULTURAL HERITAGE BOARD MEETING DATE: SEPTEMBER 21 , 2022 AGENDA ITEM NO.: 4
DISSCUSSION ITEM
RECOMMENDATION
That the Cultural Heritage Board:
1. Recommend that the City Council determine that Planning Case PR-2022-001422 is exempt from further California Environmental Quality Act (CEQA) review pursuant to Section s 15308 (Actions to Protect Environment), 15060(c)(2) (No Physical Change), 15060(c)(3) (Not A Project), and 15061(b)(3) (General Rule), as the proposed amendment will cause no direct or indirect change to the environment, does not meet the definition of a Project under CEQA, and it can be seen with certainty that the proposed amendment will not have an effect on the environment;
2. Recommend Approval of the Planning Case PR -2022-001422 ( Title 20 Text Amendment) to amend the application period of the Mills Act as outlined in the staff report and summarized in the Findings section of this report.
BACKGROU ND
Section 20.30.020 Mills Act Program (Exhibit 1) of the Riverside Municipal Code (RMC) establishes the City’s Mills Act program by Resolution No. 20825 (Exhibit 2). The RMC states:
“Mills Act applications are accepted only during the month of June and must be actually received by the Planning Division no later than the last business day of the month.” Resolution No. 22139 (Exhibit 3) allows the City Council to enter into up to seven agreements per calendar year, but if the number in any one year falls below seven, up to ten may be awarded in any year to make up the deficiency, provided that the overall average does not exceed ten since implementation. No action is needed by the Cultural Heritage Board for changes to this Resolution.
Case Numbers PR-2022-001422 (Title 20 Text Amendment)
Request
Proposal by the City of Riverside to amend Chapter 20.30 (Preservation Incentives) of the Riverside Municipal Code to modify the Mills Act Application period
Project Location Citywide
Ward All
Staff Planner
Scott Watson, Historic Preservation Officer
951-826-5507
[email protected]
September 21, 2022
On June 7, 2022, t he City Council considered modif ying the number of Mills Act applications that can be accepted each year and the application period. Following discussion, Council directed staff to prepare RMC Title 20 amendments and a resolution to modify Resolution No. 22139 (Exhibit 4) as follows:
1. Modify RMC Title 20 to allow applications to be accepted between January 1 and May 31 of each calendar year (5 months); and
2. Modify Resolution 22139 to a llow City Council to enter into up to fifteen agreements per calendar year, but if the number in any one year falls below fifteen, up to twenty may be awarded in any year to make up the deficiency, provided that the overall average does not exceed fifteen since implementation.
PROPOSAL
Per Section 20.45.202 of the RMC, any proposed amendment to Title 20 must first be sent to CHB for review and recommendation. The proposed amendment to Section 20.30.020 (Exhibit 5) will modify the Mills Act application period from the month of June of each calendar year to a wider time frame of January 1 and May 31 of each calendar year.
As a cleanup item, the Community Development Director title found in Section 20.30.030 will be revised to Community & Economic Development Director.
Resolution No. 22139 amendments do not require Cultura l Heritage Board (CHB) review and will go straight to Council, but this information is included as reference.
PUBLIC OUTREACH AND COMMENT
A Public Hearing notice was published in the Press Enterprise, at least ten days prior to the meeting. As of the writing of this report, no responses have been received by Staff regarding this proposal.
ENVIRONMENTAL REVIEW
The proposed amendments are exempt from additional California Environmental Quality Act (CEQA) review pursuant to Sections 15308 (Actions to Prot ect Environment), 15060(c)(2) (No Physical Change), 15060(c)(3) (Not A Project), and 15061(b)(3) (General Rule), as the proposed amendment will cause no direct or indirect change to the environment, does not meet the definition of a Project under CEQA, and it can be seen with certainty that the proposed amendment will not have an effect on the environment.
FINDINGS
Cultural Resources Code Amendment Findings pursuant to Chapter 20.45.020:
1) The proposed Title 20 amendment is generally consistent with the goals , policies, and objectives of the General Plan;
2) The proposed Title 20 amendment will not adversely affect surrounding properties; and
3) The proposed Title 20 amendment complies with the purposes of this title as set forth in Chapter 20.05.
September 21, 2022
STRATEGIC PLAN
This item contributes to the Envision Riverside 2025 City Council Strategic Priority 2 – Community Well Being (Goal 2.3 – Strengthen neighborhood identities and improve community health and the physical environment through amenities and programs that foster an increased sense of community and enhanced feelings of pride and belonging citywide).
This item aligns with the following Cross-Cutting Threads:
1. Community Trust: Expanding the Mills Act Program aligns with the Community Trust Cross -Cutting Thread as the annual contracts are reviewed at a public meeting by the City Council, allowing for public comment.
2. E quity : Expanding the Mills Act Program aligns with the Equity Cross -Cutting Thread as it is available to all historically designated properties throughout the City.
3. F iscal Responsibility : Expanding the Mills Act Program aligns with the Fiscal Responsibility Cross-Cutting Thread as it provides an opportunity for property owners to reinvest back into the community through rehabilitation of the historic property.
4. I nnovation : Expanding the Mills Act Program aligns with the Innovation Cross - Cutting Thread as it responds to the high financial demands of historic property maintenance and helps the property owners through reduced property taxes.
5. Su
staina bility and Resiliency : Expanding the Mills Act Program aligns with the Sustainability & Resiliency Cross-Cutting Thread as it assists with the rehabilitation and maintenance of historic properties so that they can continue to contribute to the character of the City for generations to come.
APPEAL INFORMATION
Actions by the Cultural Heritage Board , including any environmental finding, may be appealed to the City Council within ten calendar days after the decision. Appeal filing and processing information may be obtained from the Planning Department Public Information Section, 3rd Floor, City Hall.
EXHIBITS
1. RMC Section 20.30.020
2. Resolution No. 20825
3. Resolution No. 22139
4. City Council Minutes – June 7, 2022
5. RMC Section 20.30.020 - Redline
Prepared by: Scott Watson, Historic Preservation Officer Approved by: Mary Kopaskie-Brown, City Planner
1 CHAPTER 20.30
PRESERVATION INCENTIVES
SECTIONS:
20.30.010 PRESERVATION INCENTIVES.
20.30.020 MILLS ACT PROGRAM.
20.30.030 HISTORIC PRESERVATION FUND.
S
ection 20.30.010 Preservation Incentives.
The City Council may establish preservation incentives to encourage owners to designate, maintain, preserve, rehabilitate, and improve Cultural Resources. Only properties designated as Cultural Resources pursuant to the provisions of Riverside Municipal Code Title 20 shall be eligible to apply for preservation incentives.
(Ord. 7108 §1, 2010; Ord. 6778 § 1, 2004; Ord. 6566 §2, 2001; Ord. 6263 §1 (part), 1996) Section 20.30.020 Mills Act Program.
Pursuant to Government Code s ection 50280 et seq. (“the Mills Act”), the City Council has established, by Resolution 20825 (as amended) a Mills Act Program providing for contractual agreement with an owner of a historic property as designated by the City Council or listed on any official federal, state, or county register for the purpose of preservation, rehabilitation, and maintenance of a designated historic resource. A Mills Act Agreement allows an owner to receive a reduction in property taxes in exchange for the property owner's commitment to specific repair, restoration and/or rehabilitation improvements and satisfactory maintenance of the Historic Property. A Mills Act Agreement is for a minimum period of ten (10) years, renewed annually, unless a notice of non -renewal or cancellation is filed. Mills Act applications are accepted only during the month of June and must be actually received by the Planning Division no later than the last business day of the month. A Mills Act application will be acted upon by the City Council before the end of the calendar year during which it was submitted. (Ord. 7206 §19, 2013; Ord. 7108 §1, 2010; Ord. 6566 §2, 2001; Ord. 6263 §1 (part), 1996) Section 20.30.030 Historic Preservation Fund.
A. Historic Preservation Fund Program is hereby established to provide funding for the conservation, preservation, restoration, and rehabilitation of Cultural Resources consistent with the purposes of this Chapter.
B. The Historic Preservation Fund is hereby established to provide funds for Historic Preservation projects within the City of Riverside.
1. The funds shall be used solely for the conservation, preservation, restoration, and rehabilitation of historical resources as provided in this section.
2. The Financial Administrator of the Historic Preservation Fund shall be the Community Development Director, or designee.
3. All monies designated by the City of Riverside for this Program shall be deposited in the Fund, held and administered by the City’s Finance Department. Separate accounts may be established within the Fund according to origin or int ended
pur
pose.
4. In addition to any public moneys appropriated expressly for the Fund, the Program EXHIBIT 1
2 Administrator may apply for grants, gifts, donations, or other financial support, from private sources, pursuant to City policies.
C. The Fund shall be administered by a Historic Preservation Fund Committee.
1. The Committee membership shall consist of five members, serving two-year terms.
The Cultural Heritage Board shall designate two of its members to serve as representatives, and the City Council representative shall be appointed by the Mayor’s Nominating and Screening Committee (Council Committee) . The remaining two shall be City residents affil iated with separate Riverside- specific historic preservation organizations and appointed by the Council Committee.
Interested persons must submit applications for appointment no later than 30 days before the meeting during which the Council Committee selects the representatives.
2. The Committee shall undertake all discretionary Program acts not in c onflict with this Section and Title. The Committee, with City Council approval by resolution, may designate discretionary Program approval authority.
3. The Committee shall establish meeting rules, application deadlines, and the frequency of meetings; however, the Committee shall meet at least quarterly and shall consider any submitted grant applications at least semiannually.
4. The Committee shall develop criteria and a selection proces s for evaluating applications, including guidelines for matching fu nds, for City Council review and approval.
5. The Committee shall review and approve or deny applications for grants in accordance with the set criteria.
6. A simple majority is needed for Committee action. If the Committee cannot agree upon an action, the matter shall be forwarded to the Cultural Heritage Board for review and recommendation to the Land Use Committee. Land Use Committee recommendations will be considered by the City Council in making its decision.
7. Appeals shall follow the procedure in section 20.15.090 (C). City Council actions are final and non-appealable.
8. No funds shall be made available until the time to appeal has expired, or until any appeals are final.
D. Grants.
1. Money in the fund shall be available, for grants to public agencies, nonprofit organizations, and private entities to carry out the purposes of this section.
2. No grant shall be made except pursuant to an agreement with the City, and subject to terms and conditions in t he grant that ensure that the grant carries out the purposes of this s ection. Grant agreements shall run with the land, and must be recorded with the County Recorder before any funds may be released.
3. Grants shall be awarded on a. competitive basis, except that grants may occasionally be awarded on a noncompetitive basis for emergency purposes only.
Provisions for emergency grants will be adopted by the City Council.
4. The Committee may consider and approve applications for grants up to $25,000, but no more than $25,000 for any one project, Cultural Resource, or program over any five consecutive years. Applications for grants exceeding those amounts must 3 be considered and approved by the City Council, upon the Committee’s recommendation.
5. Matching funds shall make applications more competitive.
6. Excess funds. After completion of a historic preservation project, the grant recipient shall return to the Fund any amount of the grant that exceeds the eligible project costs.
E. Authorized projects. Grants are available for the following types of projects:
1. Development projects. These are projects that involve the preservation, restoration, or exterior rehabilitation of a historic property.
2. Acquisition of transferrable development rights (TDRs), conservation easements, and façade easements for the purposes of historic preservation.
3. Planning projects. These are projects that identify, document and record historic resources according to applicable local, state and federal standards, and/or contribute to the development of the City's historic context, and/or contribute to the development of a conservation or preservation plan.
4. Interpretive projects. These are projects that create interpretive media to educate the public on Riverside's history and/or cultural resources. For example, landmark plaques and/or historic district signage and other appropriate means of sharing interpretive information.
5. Designation applications. These are projects that prepare designation applications for state and/or national register designation.
6. All funds must be spent as represented in the application. Spending funds except as authorized shall be considered fraud or theft, and may be criminally prosecuted.
F. Cultural Heritage Board staff shall assist the Committee in executing this Program. If the Cultural Heritage Board staff is unavailable or unable to do so, then the Program staff shall be provided by the City department then administrating the City’s Historic Preservation Program.
G. The City Council shall have the power to review, modify, approve, disapprove, or otherwise consider all Program and Committee actions or decisions, by appeal or on its own motion.
(Ord. 7206 §20, 2013)
l
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
City Attorney's Office
3900 Main Street
Riverside, CA 92522
(951) 826-5567
RESOLUTION NO. 20825
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERSIDE,
CALIFORNIA, ESTABLTSHING THE APPLICATION PROCESS, REVIEW
PROCEDURES, AND REQUIRED CONTRACT PROVISIONS FOR THE
IMPLEMENTATION OF THE RIVERSIDE MILLS ACT PURSUANT TO
RIVERSIDE MUNICIPAL CODE CHAPTER 20. 35 .
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, the City of Riverside is dedicated to preserving historic resources within the City; and
WHEREAS, pursuant to Riverside Municipal Code Title 20, the City has established procedures to identify and designate historic resources within the City; and WHEREAS, Riverside Municipal CodeChapter20.35 allows for the adoption of economic and other incentives for historic properties designated by the City Council or listed on any official federal, state, or county register for the purpose of preservation, rehabilitation, and maintenance of those designated historic resources; and
WHEREAS, preservation agreements will have beneficial effects on residential neighborhoods, businesses, community pride, and regional image; and
WHEREAS, Riverside Municipal Code section 20.35 .020 states that the application process, review procedures, and required contract provisions for preservation agreements shall be established by separate resolution of the City Council;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Riverside, California, as follows:
Section l: The program 11mplementing California Government Code, Article 12, Section 50280 et seq. (known as the Mills Act) and Section 2.35.020 of the Riverside Municipal Code, for the purpose of preserving, rehabilitating, and maintaining designed historic resources, shall be known as the Mills Act.
Section 2: Pursuant to Riverside Municipal Code section 20.35.020 , the City Council hereby EXHIBIT 2
I
I
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 I 27 1 y Attorney's Office
3900 Main Street
Riverside, CA 92522
(951) 826,5567
delegates to the Planning Director or his/her designee the authority and responsibility to develop and maintain an application for properties seeking qualification and participation in the Mills Act.
Section 3: Pursuant to Riverside Municipal Code section 20.35.020, the City Council hereby delegates to the Planning Director or his/her designee the authority and responsibility to review and make a recommendation to the City Council on any application submitted pursuant to the Mills Act.
The City Council is the final authority on the authorization and approval of the Mills Act.
Section 4: The Preservation Agreement to be used in the Mills Act is attached as Exhibit "A." Pursuant to Riverside Municipal Code section 20.35.020, the City Council hereby delegates to the Planning Director or his/her designee the authority and responsibility to amend and modify the Preservation Agreement as deemed necessary and appropriate, in consultation with the City Attorney.
The terms of the Preservation Agreement shall always comply with California Government Code, Article 12, Section 50280 et seq. (known as the Mills Act) and Riverside Municipal Code section
20.35.020. The maintenance, repair, rehabilitation, and/or restoration standards applicable to the subject property shall be set forth in the 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, Page 2, of Division I of the California Revenue and Taxation Code.
Section 5: To limit the fiscal impact of the Mills Act to the City of Riverside, the City of Riverside shall not enter into or execute more than seven (7) Preservation Agreements per calendar year. Applications will be accepted during the month of June only, during nonnal business hours.
The seven (7) applicants will be randomly selected from all eligible applications submitted.
Section 6: The provisions of this resolution shall become effective concurrent with the effective date of the amendment to Riverside Municipal Code section 20.35, allowing for preservation incentives, which has been introduced concurrently with this resolution. -2-
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
ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 23rd day of November 004
Mayor of the City of RiverSide
Attest
Cverside
I Colleen J Nicol City Clerk of the City of Riverside California hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a meeting of the City Council of said City at its meeting held on the 23rd day of November 2004 by the following vote to wit Ayes Councilmembers Betro Moore Gage Schiavone Adkison Hart and Adams Noes None
Absent None
IN WITNESS WHEREOF Ii have hereunto set my hand and affixed the official seal of the City of Riverside California this 23rd day of November 2004
CA 032171
GCLKC OUNCILResolutionsqov2320825 wpd
110504
City
of
the City of Riverside
Attorneys Oflice
3900Main Street
Riverside CA 92522
951 8265567
3 Exhibit A
Recording Requestedby
When Recorded Mail to
CITY OF RIVERSDE
3900 Main Street
Riverside CA 92522
Attn Planning Director
Space Above for Recorders Office
HISTORIC PROPERTY PRESERVATION AGREEMENT
MILLS ACT CONTRACT
between
THE CITY OF RIVERSIDE
a municipal corporation
and
Owners of the property located at
APN
HISTORIC PROPERTY PRESERVATION AGREEMENT
MILLS ACT CONTRACT
THIS AGREEMENT is made this by and between the City of
Riverside a municipal corporation City and Owner
RECITALS
1 Califomia Government Code section 50280 et seq allow cities the discretion to enter into contracts with the owners of qualified historic properties as that term is defined in Government Code section 502801 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 generally located at the street address Riverside California Historic Property A legal description of the Historic Property is attached hereto as Exhibit A and incorporated herein by this reference 3 On the Cultural HeritageBoard anddor the City Council designated the Historic Property as an historic resource pursuant to the terms and provisions of Title 20 of the Riverside Municipal Code
4 City and Owner desire to enter into this Agreement for the purpose of protecting and preserving the characteristics of historical siignificance of the Historic Property that help provide the community with its oven unique civic identity and character 5 Owner in consideration for abiding by the terms ofthis Agreement shall be entitled to qualify for a reassessment of valuation of the Historic Properly pursuant to the provisions of Chapter 3 Part 2 of Division I of the California Revenue and Taxation Code and any corresponding adjustment irt property taxes resulting therefrom
TERMS
NOW THEREFORE the City and Owner in consideration of mutual covenants and conditions set forth herein do hereby agree as follows
1 Effective Date and Term of Agreement This Agreement shall be effective and commence on 200 Effective Date and shall remain in effect for a term often 10 years thereafter
2 Yearly Renewal Each year upon the anniversary of the Effective Date Renewal Date an additional one 1 year shall automatically be added to the remaining 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 of nonrenewal upon the party in advance of the Renewal Date Notice of Nonrenewal The Notice of Nonrenewal 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 daysprior to the Renewal Date If either City or Owner serves a Notice of Nonrenewal in any year this Agreement shall remain in effect for the balance of the term then remaining 4 Owner Protest of City Nonrcnewal Within fifteen 15 days of Owners receipt of thc Notice of Nonrenewal from City Owner may file with City a written protest of the Notice of Nonrenewal Upon receipt of the written protect the City Council shall set a hearing prior to the expiration of the Renewal Date of this Agreement Owner may furnish the City Council with any information which Owner deems relevant and shall furnish the City Council with any information it may require The City 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 naintain the characteristics of the cultural and historical significance of the Historic Property Attached hereto as Exhibit B and incorporated herein by this reference is a list of the minimum standards and conditions for maintenance use protection and preservation of the Historic Property which shall apply to the Historic Properly and be complied with by Owner throughout the term of this Agreement In addition Owner shall comply with the terms of the Citys Cultural Resources Ordinance Title 20 of the Riverside Municipal Code and shall obtain any applicable permits necessary to protect preserve and restore and rehabilitate the Historic Property so as to maintain its historical and cultural significance
B Owner shall where necessary repair maintain restore and rehabilitate the Historic Property according to the rules and regulations of the Office of Historic Preservation of thc State Department of Parks and Recreation and the City of Riverside The 3 condition of the exterior of the Historic Property on the effective date of this Agreement is documented in photographsattached as Exhibit C and incorporated herein by this reference At a minimum Owner shall continually maintain the exterior of the Historic Property in the same condition as documented in ExhibitC C Owner shall carry out specific restoration repair maintenance andor rehabilitation projects on the Historic Property if any as outlined in the attached Exhibit D which is incorporatedherein by this reference All uch projects shall be undertaken and completedin accordance with the Secretary of Interior Standards for Rehabilitation and the City of Riverside design guidelines 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 fiom the public rightofway
6 Periodic Examinations Upon reasonable advance notice Owner shall allow reasonable periodic examinations of the exterior of the Historic Property by representatives of the County Assessor the State Department of Parks and Recreation the State Board of Equalization andor City as may be necessary to determine Owners compliance with the terms and provisions of this Agreement
7 Provision of Information of Compliance Owner hereby agrees to furnish City with any and ail 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 4 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 Owners 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 Citys declaration of Owners breach City may pursue any remedy available under local state or federal law including those specificaily provided for in this section B Remedy Cancellation City may cancel this Agreement if City determines following a duly noticed public hearing in accordance with Government Code section 50286 that Owner breached any of the conditions of thc 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 maintain and preserve 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 Riverside 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 Properly 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 be replaced this Agreement shall be cancelled because the historic value of the structure will have been destroyed If the Historic Properly is acquired in whole or in part by eminent domain or other acquisition by any entity authorized to exercise the power of eminent domain and the acquisition is determined by the City 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 my 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 Citys regulations governing historic properties are available to the City to pursue in the event that there is a reach 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 subsequentbreach thereof or default hereunder
11 Binding Effect of Areement 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 Owners successors and assigns in title or interest to the Historic Property Each and every contract deed or other instrument 6 herein after 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 are set forth in such contract deed or other instrument 12 Covenants Run with the Land Cily and Owner hereby declare their understandingand intent that the burden of the covenants reservations and restrictions set forth herein touch and concern the land in that it restricts developmentof 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 Histuric Property for the benefit of the public and the Owner 13 Notice Any notice required to he given by the terms of this Agreement shall be provided at the address of the respective parties as pecified below or at any other address as may be later specified by thc parties hereto
City City of Riverside
Planning Department
3900 Main Street
Riverside CA 92522
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
7 15 Indemnity of City 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 tc 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 Owners activities in connection with the Historic Property and iii any restrictions on the use or developmentof the Historic Property from application or enforcement of Title 20 of the Citys Municipal Code or from the enforcement of this Agreement This indemnification includes without limitation the payment of all penalties fluesjudgments awards decrees attorneys fees and related costs or expenses and the reimbursement of City its elected officials employees andor agents for all legal expenses and costs incurred by each of them Owners 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 Successoxs All of the agreements rights covenants reservations and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein their heirs successors legal representatives assignsand 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 any of the covenants conditions or restrictions contained herein or to determine the rights and duties of any part hereunder the prevailing party in such proceeding may 8 recover all reasonable attorneys fees to be fixed by the court in addition to court costs and other relief ordered by the court
18 Sevcrability 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 thc validity and enfomeability of the remaining provisions or portions thereof shall not be effected thereby
19 Recordation No later than twtnty 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 Riverside 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 enorcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of Riverside State of California and the parties hereby waive all provisions of law providing for a changeof venue in such proceedings to any other county
1N WITNESS WHEREOF City and Owner have executed this Agreement on the day and year first above written
Dated CITY OF RIVERSDE
By
ATTESTED TO
By
Owner
Dated
APPROVED AS TO FORM
Deputy City Attorney
CDocuments and Sellings jhansenLocal SettingsTemp00030670WPD CA 032217
08 I3104
10 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
Cm' A1·rmc.-Jl·Y·s 01�·1:.
3900 MAIN STREhi
R,M'RSIPI·, CA 92�22
(951) XU,,556 7
RESOLUTION NO. 22139
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIVERSIDE, CALIFORNIA, AMENDING SECTION 5 OF RESOLUTION NO. 20825 TO CHANGE THE NUMBER OF MILLS ACT HISTORIC
PRESERVATION CONTRACT APPLICATIONS THAT WILL BE
ACCEPTED AND PROCESSED FOR EACH YEAR.
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, the City of Riverside established an application process, review procedures, and contract provision requirements for the City of Riverside Mills Act Program ("Program") by Resolution No. 20825; and
WHEREAS, Section 5 of Resolution No. 20825 currently allows for no more than seven (7) Program agreements to be awarded each year; and
WHEREAS, since its implementation, only thirty (30) Program agreements have been recorded where a total of thirty-five (35) would be allowed; and WHEREAS, to allow for flexibility for those times when the contracts awarded in a given year are less than seven (7), the Council desires to amend Section 5 of Resolution No. 20825 to allow for more than seven (7) agreements to be awarded to make up for the short fall, but never more than ten (10) in any one year.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Riverside, California, as follows:
Section 1: Section 5 of Resolution No. 20825 is hereby amended as follows:
"Section 5: To limit the fiscal impact of the Mills Act to the City of Riverside, the City of Riverside shall not enter into or execute more than seven (7) Preservation Agreements ("Agreements") per calendar year. Applications will be accepted during the month of June only, during normal business hours. The seven (7) applicants will be randomly selected from all eligible applications submitted. Notwithstanding the above, should the number of Agreements in any one year fall below seven (7), in the subsequent years more than seven (7) Agreements may be awarded EXHIBIT 3
City of Arts &..Innovation
CITY COUNCIL
MINUTES
TUESDAY, JUNE 7, 2022, 1 P.M.
PUBLIC COMMENT IN PERSON/TELEPHONE
ART PICK COUNCIL CHAMBER
3900 MAIN STREET
and 15 percent change order authority in the amount of $31,982.75 for a total contract amount of $245,201.06; and (2) authorize the City Manager, or his designee, to execute all necessary documents to implement the Services Agreement. The motion carried unanimously.
TEMPORARY CHANGE TO MILLS ACT PROGRAM - ACCEPTANCE OF ALL APPLICATIONS SUBMITTED THROUGH JULY 2022 - REQUEST RESOLUTION TO MODIFY PROGRAM Following discussion, it was moved by Councilmember Cervantes and seconded by Councilwoman Plascencia to ( 1) via minute order, for 2022 only, allow a maximum of twenty applications submitted through July 2022 be reviewed; and (2) request staff prepare a resolution modifying Resolution No. 22139 to: ( a) allow applications to be accepted between January 1 and May 31 of each calendar year (5 months); and (b) allow City Council to enter into up to fifteen agreements per calendar year, but if the number in any one year falls below fifteen, up to twenty may be awarded in any year to make up the deficiency, provided that the overall average does not exceed fifteen since implementation.- The motion carried unanimously.
CLOSED SESSIONS
The Mayor and City Council adjourned to closed sessions at 2:43 p.m. pursuant to Government Code ( 1) §54956.9(d)( 1) to confer with and/or receive advice from legal counsel concerning Shawn Casteel v. City of Riverside, et al., RCSC Case No. RIC 1906046; (2) §54956.9(d)( 1) to confer with and/or receive advice from legal counsel concerning Chenita Johnson v City of Riverside, et al., RCSC Case No. RIC 1905290; (3) §54956.9( d)( 1) to confer with and/or receive advice from legal counsel concerning Service Employees International Union, Local 721 v. City of Riverside, Case No. LA-CE-1577-M; (4) §54956.9(d)(l) to confer with and/or receive advice from legal counsel concerning Riversiders Against Increased Taxes v. City of Riverside, et al., Riverside Superior Court Case No. CVRI 2104120; (5) §54957(0) for consultation with Chief of Police Larry Gonzalez and Chief Information Officer George Khalil regarding threat to public services or facilities; (6) §54956.9(d)(2) to confer with and/or receive advice from legal counsel concerning significant exposure to litigation regarding one case; (7) §54956.9(d) (4) to confer with and/or receive advice from legal counsel concerning the City Council deciding whether to initiate litigation regarding one case; (8) §54957.6 to review the City Council's position and instruct designated representatives regarding salaries, salary schedules, or compensation paid in the form of fringe benefits of all Executive Management employees except the City Manager, City Attorney, and City Clerk, all 107-354
EXHIBIT 4
1 Cultural Heritage Board - September 21, 2022
CHAPTER 20.30
PRESERVATION INCENTIVES
SECTIONS:
20.30.010 PRESERVATION INCENTIVES.
20.30.020 MILLS ACT PROGRAM.
20.30.030 HISTORIC PRESERVATION FUND.
Section 20.30.010 Preservation Incentives.
The City Council may establish preservation incentives to encourage owners to designate, maintain, preserve, rehabilitate, and improve Cultural Resources. Only properties designated as Cultural Resources pursuant to the provisions of Riverside Municipal Code Title 20 shall be eligible to apply for preservation incentives.
(Ord. 7108 §1, 2010; Ord. 6778 § 1, 2004; Ord. 6566 §2, 2001; Ord. 6263 §1 (part), 1996) Section 20.30.020 Mills Act Program.
Pursuant to Government Code section 50280 et seq. (“the Mills Act”), the City Council has established, by Resolution 20825 (as amended) a Mills Act Program providing for contractual agreement with an owner of a historic property as designated by the City Council or listed on any official federal, state, or county register for the purpose of preservation, rehabilitation, and maintenance of a designated historic resource. A Mills Act Agreement allows an owner to receive a reduction in property taxes in exchange for the property owner's commitment to specific repair, restoration and/or rehabilitation improvements and satisfactory maintenance of the Historic Property. A Mills Act Agreement is for a minimum period of ten (10) years, renewed annually, unless a notice of non-renewal or cancellation is filed. Mills Act applications are accepted only during the month of June, and must be actually received by the Planning Division no later than the last business day of the month will be accepted between January 1 and May 31 of the calendar year. A Mills Act application will be acted upon by the City Council before the end of the calendar year during which it was submitted.
(Ord. 7206 §19, 2013; Ord. 7108 §1, 2010; Ord. 6566 §2, 2001; Ord. 6263 §1 (part), 1996) Section 20.30.030 Historic Preservation Fund.
A.
Historic Preservation Fund Program is hereby establishe d to provide funding for the conservati
on, preservation, restoration, and rehabilitati on of Cultural Resources consiste
nt with the purposes of this Chapter.
B.
The Historic Preservation Fund is hereby established to provide funds for Historic Preservation projects within the City of Riverside.
1. The funds shall be used solely for the conservation, preservation, restoration, and rehabilitation of historical resources as provided in this section.
2. The Financial Administrator of the Historic Preservation Fund shall be the Community & Economic Development Director,
or designee.
3. All monies designated by the City of Riverside for this Program shall be deposited in the Fund, held and administered by the City’s Finance Department. Separate accounts may be
established within the Fund according to origin or intended purpose.
EXHIBIT 5
2 Cultural Heritage Board - September 21, 2022
4. In addition to any public moneys appropriated expressly for the Fund, the Program Administrator may apply f
or grants, gifts, donations, or other financial support, from private sour
ces, pursuant to City policies.
C.
The Fund shall be administered by a Historic Preservation Fund Committee.
1. The Committee membership shall consist of five members, serving two-year terms.
The Cultural Heritage Board shall designate two of its members to serve as representatives, and th
e City Council representative shall be appointed by the Mayor’s Nominating and Screening Committ ee (Council Committee). The remaining two shall be
City residents affiliated with separate Riversid e-specific historic pre
servation organizations and appointed by the Council Committee.
Interested persons must submit applications for appointment no later than 30 days before the
meeting during which the Council Committee selects the
representatives.
2. The Committee shall undertake all discretionary Program acts not in conflict with this Section and Title. The Committee, with City Council approval by resolution, may designate discretionary Program approval authority.
3. The Committee shall establish meeting rules, application deadlines, and the frequency of
meetings; however, the Committee shall meet at least quarterly and shall consider any submitted grant applications at least semiannually.
4. The Committee shall develop criteria and a selection process for evaluating applications, including guidelines for matching fu nds, for City Council review and approval.
5. The Committee shall review and approve or deny applications for grants in accordance with the set criteria.
6. A simple majority is needed for Committee action . If the Committee cannot agree upon an act
ion, the matter shall be forwarded to the Cultural Heritage Board for review and recommend
ation to the Land Use Committee. Land Use Committee
recommendations will be considered by the City Council in making its decision.
7. Appeals shall follow the procedure in section 20.15.090 (C). City Council action s are final and non-appealable.
8. No funds shall be made available until the time to appeal has expired, or until any appeals are
final.
D. Grants.
1. Money in the fund shall be available, for grants to public agencies, nonprofit organizations, and private entities to carry out the purposes of this section.
2. No grant shall be made except pursuant to an agreement with the City, and subject to terms an d conditions in the grant that ensure that the grant carries out the purposes of
this section. Grant agreements shall run with the land, andland and must be recorded with the County Recorder before any funds may be released.
3. Grants shall be awarded on a. competitive basis, except that grants may occasionally be awarded on a noncompetitive basis for emergency purposes only.
Provisions for emergency grants will be adopted by the City Council.
4. The Committee may consider and approve applications for gr ants up to $25,000, but no more
than $25,000 for any one project, Cultural Resource, or program over 3 Cultural Heritage Board - September 21, 2022
any five consecutive years. Applications for grants exceeding those amounts must be considered and approved by the City Council, upon the Committee’s recommendation.
5. Matching funds shall make applications more competitive.
6. Excess funds. After completion of a historic preservation project, the grant recipient shall return
to the Fund any amount of the grant that exceeds the eligible project costs.
E. Authorized projects. Gr
ants are available for the following types of projects:
1. Development projects. These are projects that involve the preservation, restoration,
or exterior rehabilitation of a historic property.
2. Acquisition of transferrable development rights (TDRs), conservation ea sements, and façade
easements for the purposes of historic preservation.
3. Planning projects. These are projects that identify, document and record historic resources a
ccording to applicable local, state and federal standards, and/or contribute to the development of the City's historic context, and/or contribute to the development of a conservation or preservation plan.
4. Interpretive projects. These are projects that create interpretive media to educate the public on Riverside's history and/or cultural resources. For example, landmark plaques and/or historic district signage and other appropriate means of sharing interpretive information.
5. Designation applications. These are projects that prepare designation applications for state and
/or national register designation.
6. All funds must be spent as represented in the application. Spending fund s except as authorize
d shall be considered fraud or theft, andtheft and may be cr iminally prosecuted.
F.
Cultural Heritage Board staff shall assist the Committee in executing this Program. If the Cultural Heritage Board staff is unavailable or unable to do so, then the Program staff shall be provided
by the City department then administrating the City’s Historic Preservation Program.
G.
The City Council shall have the power to review, modify, approve, disapprov e, or otherwise consider all
Program and Committee actions or decisions, by appeal or on its own motion.
(Ord. 7206 §20, 2013)