Agenda packet, regular meeting — Vallejo City Council, December 13, 2022 (part 2 of 3)

There is no immediate financial impact associated with or budget action necessary as a result of the recommended actions.

ENVIRONMENTAL REVIEW
This item relates to receiving and filing the annual report required by Senate Bill 165 and is exempt from the California Environmental Quality Act (CEQA) as it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.

ATTACHMENTS

1. SB 165 Northeast Quadrant Improvement District No. 2003-01

2. SB 165 Hiddenbrooke Improvement District No. 1998-1

3. Resolution SB 165 CAO Stamp

CONTACT
Rekha Nayar, Finance Director (707-648-4592)
[email protected]
City of Vallejo
Fiscal Year 2022/23 Annual Report – Northeast Quadrant Improvement District No. 2003-1 SB 165: LOCAL AGENCY SPECIAL TAX AND BOND

ACCOUNTABILITY ACT
Senate Bill 165, filed with the Secretary of State on September 19, 2000, enacted the Local Agency Special Tax and Bond Accountability Act (the “Act”). This Act requires that any local special tax or local bond measure subject to voter approval contain a statement indicating the specific purposes of the special tax, require that the proceeds of the special tax be applied to those purposes, require the creation of an account into which the proceeds shall be deposited, and require an annual report containing specified information concerning the use of the proceeds. The Act only applies to any local special tax measure or local bond measure adopted on or after January 1, 2001, in accordance with Section 50075.1 or Section 53410 of the California Government Code.

Some of the requirements of the Act are handled at the formation of the Special Tax District and others are handled through annual reports. This Section of this report intends to comply with Sections 50075.3 and 53411 of the California Government Code that states:
“The chief fiscal officer of the issuing local agency shall file a report with its governing body no later than January 1, 2002, and at least once a year thereafter. The annual report shall contain both of the following:

1. The amount of funds collected and expended.

2. The status of any project required or authorized to be funded as identified in subdivision (a) of Sections 50075.1 [and] 53410.”
The requirements of the Act apply to the Funds for the following:

Northeast Quadrant Improvement District No. 2003-1 of the City of Vallejo Improvement Bonds, 2003 Series A
December 17, 2003
Purpose of Special Tax
The special tax provides funding to finance the construction of certain public improvements which are described in Appendix A of this report. The project funded by the bonds is complete.

Collections and Expenditures
Fund
Name
Initial
Deposit
Total Amount
Collected (1)
6/30/2022
Balance
Amount
Expended (2)
Project
Status
Bond Fund (3) $0.00 $10,380,599.44 $537,944.00 $9,823,545.44 Ongoing Improvement Fund 6,201,378.13 6,201,378.13 0.00 6,201,378.13 Complete Reserve Fund 594,850.00 594,850.00 504,679.00 90,171.00 Ongoing Costs of Issuance Fund 225,000.00 225,000.00 0.00 225,000.00 Complete AD 58 & AD 64 Prepayment 560,887.00 560,887.00 0.00 560,887.00 Complete Capitalized Interest Account 334,133.47 334,133.47 0.00 334,133.47 Complete (1) Aggregate amount collected via special tax levy since Fiscal Year 2004/05. (2) Amount Expended equal to Total Amount Collected - 6/30/2022 Balance. (3) Includes funds designated for subsequent payments ($368,009) and undesignated/available funds ($189,045). 333(University(Ave,(Suite(160(•(Sacramento,(CA(95825
Phone:(d916l(561-0890(•(Fax:(d916l(561-0891
www.goodwinconsultinggroup.net

CITY OF VALLEJO
HIDDENBROOKE IMPROVEMENT DISTRICT NO. 1998-1

SPECIAL TAX AND BOND ACCOUNTABILITY REPORT
(SENATE BILL 165)

FISCAL YEAR 2021-22

October 26, 2022

City of Vallejo
Hiddenbrooke Improvement District No. 1998-1
Special Tax and Bond Accountability Report

TABLE OF CONTENTS

Section Page

I. Introduction ..........................................................................................................................1 II. Senate Bill 165 Reporting Requirements .............................................................................2 III. Authorized Facilities ............................................................................................................3

Appendix A – Special Taxes Levied and Expended

City of Vallejo 1 Fiscal Year 2021-22
HID No. 1998-1 Special Tax and Bond Accountability Report I. INTRODUCTION

On September 18, 2000, former Governor Gray Davis signed Senate Bill 165 which enacted the Local Agency Special Tax and Bond Accountability Act. In approving the bill, the Legislature declared that local agencies need to demonstrate to the voters that special taxes and bond proceeds are being spent on the facilities and services for which they were intended. To further this objective, the Legislature added Sections 50075.3 and 53411 to the Californi a Government Code setting forth annual reporting requirements relative to special taxes collected and bonds issued by a local public agency.

The City of Vallejo (the “City”) has levied special taxes (the “Improvement Levy”) in the Hiddenbrooke Improvement District No. 1998-1 (the “HID”) in fiscal year 2021-22. Furthermore, the City of Vallejo issued bonds in 1998 (the “District Bonds”) that were secured by the revenues from the HID Improvement Levy. In 2004, the Vallejo Public Financing Authority (the “Authority”) issued additional bonds (the “Bonds”) in order to purchase the District Bonds in lieu of redemption. This report serves to satisfy the annual reporting requirements described above for the HID Improvement Levy revenues, the District Bonds, and the Bonds.

City of Vallejo 2 Fiscal Year 2021-22
HID No. 1998-1 Special Tax and Bond Accountability Report II. SENATE BILL 165 REPORTING REQUIREMENTS

Pursuant to Sections 50075.3 and 53411, the chief fiscal officer of the public agency will, by January 1, 2002, and at least once a year thereafter, file a report with the governing body setting forth the following information.

Section 50075.3

Item (a): Identify the amount of special taxes that have been collected and expended.

Improvement Levy revenues are initially held at the City in Fund 343. When debt service payments are made on the District Bonds, the revenues are transferred to Fund 348. Fund 348 holds moneys associated with the Bonds, as well as surplus revenues that can be used to pay for authorized facilities. The tables in Appendix A provide fund balances, revenues, and expenditures for Funds 343 and 348 for fiscal year 2021-22.

Item (b): Identify the status of any project required or authorized to be funded by the special taxes.

Construction and acquisition of the authorized facilities is ongoing. See Section III for a summary of authorized facilities.

Section 53411

Item (a): Identify the amount of bonds that have been collected and expended.

The District Bonds were originally issued in the aggregate amount of $28,085,000. All Proceeds of the District Bonds were expended by 2004, when they were acquired with proceeds of the Bonds. See Appendix B for the original sources and uses of the Bonds .

All proceeds of the Bonds were expended in prior years, except for a portion of the Reserve Fund for the Bonds that is still required to be held.

Item (b): Identify the status of any project required or authorized to be funded from bond proceeds.

Construction and acquisition of the authorized facilities is ongoing. See Section III for a summary of authorized facilities.

City of Vallejo 3 Fiscal Year 2021-22
HID No. 1998-1 Special Tax and Bond Accountability Report III. AUTHORIZED FACILITIES

Authorized Facilities

The resolution that established CFD No. 1988 -1 identified the following public facilities authorized to be financed by CFD No. 1988-1:

• Grading and street improvements

• Storm drainage and sewer system

• Water system

• Underground gas, electric, and transmission

• Landscaping

• Public golf course

• Fire protection facilities and equipment

• Freeway and public access improvements

• Regional park acquisition

APPENDIX A

Special Taxes Levied and Expended

CITY OF VALLEJO
HIDDENBROOKE IMPROVEMENT DISTRICT
CUSTODIAL FUNDS
STATEMENT OF FIDUCIARY NET POSITION
JUNE 30, 2022
Improvement Improvement
District 1998 District 2004‐A
Fund 343 Fund 348 Total
Assets:

Cash and Investment 5,853 $ 1,923,641$ 1,929,494 $ Restricted cash and investments with fiscal agents 3,067,010 3,067,010 Total 5,853 4,990,651 4,996,504
Liabilities:

Bonds payable
Accrued Interest Payable 286,777            286,777
Accrued Expense Payable 1,525               1,525
Due within one year 610,000            610,000
Due in more than one year 7,315,000         7,315,000
1,525              8,211,777        8,213,302
Net Position:

Unrestricted 4,328 (3,221,126) (3,221,126) Total Net Position 4,328 (3,221,126)$ (3,221,126) $ CITY OF VALLEJO
HIDDENBROOKE IMPROVEMENT DISTRICT
CUSTODIAL FUNDS
STATEMENT OF CHANGES IN FIDUCIARY NET POSITION
YEAR ENDED JUNE 30, 2022
Improvement Improvement
District 1998 District 2004‐A
Fund 343 Fund 348 Total
Additions:

Investment earnings (14,811) $ (83,969) $ (98,780) $ Collections for assessment districts 1,684,607 ‐ 1,684,607 Transfers between funds (1,622,921) 1,622,921 ‐ 46,875 1,538,952 1,585,827
Deductions:

Administrative expenses 42,547
2,347,413 2,389,960
Interest and fiscal charges 768,070            768,070
42,547             3,115,483         3,158,030
Net Position ‐ Beginning ‐                     ‐                     ‐ Restatement of Net Position ‐
Net Position ‐ Beginning, as Restated ‐                     ‐                     ‐ Net Position ‐ Ending 4,328 $              (1,576,531)$     (1,572,203) $

APPENDIX B

Original Sources and Uses of Bond Proceeds

City of Vallejo
Hiddenbrooke Improvement District No. 1998-1

Original Sources and Uses of Bond Proceeds

Issuer:

Vallejo Public
Financing
Authority
Bonds: 2004 Series A
Date of Issuance: 8/30/2004

Sources
Principal Amount of the Bonds $22,400,000
Original Issue Premium/(Discount) ($120,183.25)
Underwriter’s Discount ($448,000.00)
Total $21,831,816.75

Uses
Program Fund (1) $20,705,188.43
Reserve Fund (2) $896,000.00
Cost of Issuance Fund $230,628.32
Total $21,831,816.75
(1) Used to acquire the Series 1998A Bonds.
(2) As of the date of this report, the Reserve Requirement is $377,000 Approved as to form:

By: for
Veronica Nebb, City Attorney

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO TO RECEIVE AND FILE THE SB 165 ANNUAL REPORT
FOR FISCAL YEAR 2021-22
WHEREAS, the Local Agency Special Tax Bond and Accountability Act (“Act”) requires that an annual report be submitted to the governing body of a local agency levying a special tax or issuing a bond measure adopted on or after January 1, 2001; and WHEREAS, the Act requires that the annual report specify the amount of funds collected and expended as well as the status of any project required or authorized to be funded as identified in Section 50075.1 or Section 53410 of the California Government Code; and
WHEREAS, the City’s Northeast Quadrant Improvement District No. 2003-01 and Hiddenbrooke Improvement District No. 1998-1 are subject to the Act’s annual reporting requirements;
WHEREAS, in accordance with the Act, the City has prepared and provided to the City Council an annual report for the fiscal year ended June 30, 2022 containing the required information.

NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Vallejo, State of California, as follows:

The City Council hereby receives, and files the SB 165 Report relating to special taxes levied in the City's Northeast Quadrant Improvement District No. 2003-01 and Hiddenbrooke Improvement District No. 1998-1 for the Fiscal Year Ended June 30, 2022, attached hereto.

Adopted by the City Council of the City of Vallejo at a regular meeting held on December 13, 2022 with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________________

ROBERT MCCONNELL, MAYOR
ATTEST:

______________________________________
DAWN G. ABRAHAMSON, CITY CLERK
CONSENT CALENDAR 8.G.

DATE: December 13, 2022
TO: Mayor and Members of the City Council
FROM: Melissa Tigbao, Public Works Director
SUBJECT: ADOPT A RESOLUTION ACCEPTING, FILING, AND MAKING THE FINDINGS IDENTIFIED IN

THE ANNUAL DEVELOPMENT IMPACT FEE REPORT FOR THE FISCAL YEAR ENDING JUNE 30, 2022

RECOMMENDATION
Adopt a resolution accepting, filing, and making the findings identified in the annual Development Impact Fee Report for the fiscal year ending June 30, 2022.

REASONS FOR RECOMMENDATION
The City is authorized by state law to collect development impact fees from new development to fund public improvements and services to mitigate the impacts from the new development. The City of Vallejo collects three development impact fees - the Transportation Impact Mitigation Fee, the Hiddenbrooke Overpass Mitigation Fee and the Neighborhood Parks Impact Mitigation Fee.

BACKGROUND AND DISCUSSION
In accordance with the provisions of the Mitigation Fee Act (California Government Code Section 66001 et seq.), the City is required to prepare a report annually which reviews the status of any development fees collected. Specifically, the annual report must include:
 A description of the development fee
 Fee schedule
 Amount of fees collected, interest earned, funds spent and remaining balance  Estimated timeline for expending funds if sufficient funding has been collected for an identified project

The Act also requires that the City spend or commit the development impact fees within five years of collection or adopt a resolution stating that there remains a reasonable relationship between the current need for the development fees and the purpose for which the development fees were originally proposed.

The City has three development impact fee accounts. As of June 30, 2022, the three accounts had a total balance of $12,664,684.

The Neighborhood Parks Fund had a balance of $1,230,514 as of June 30, 2022. Of this amount, $36,117 has been held in excess of five years. These excess funds are budgeted for park facility improvements.

The Transportation Impact Mitigation Fee had a balance of $3,687,811 as of June 30, 2022. Of this amount, $2,181,785 has been held in excess of five years. These funds are budgeted for various roadway improvement projects in the City's Capital Improvement Plan.

The Hiddenbrooke Overpass Mitigation Fee had a balance of $7,746,359 as of June 30, 2022. Of this amount, $7,327,204 has been held in excess of five years. It is anticipated that these funds will be expended on design

Date: December 13, 2022
Subject: ADOPT A RESOLUTION ACCEPTING, FILING, AND MAKING THE FINDINGS IDENTIFIED IN THE ANNUAL DEVELOPMENT IMPACT FEE REPORT FOR THE FISCAL YEAR ENDING JUNE 30, 2022

Page 2 ends

and construction costs associated with the I-80 on/off ramp improvements at Hiddenbrooke Parkway ( CIP Project # PW9967).

Attached to this report is information on each of the City's impact fees: 1) the current fee schedule and description of the basis for the fee; 2) revenue collected; 3) expenditures and fund balances for each of the past five fiscal years; 4) description of projects funded with development impact fees; and 5) findings regarding the expenditure of the remaining available funds.

FISCAL IMPACT
There is no immediate financial impact associated with or budget action necessary as a result of the recommended actions.

ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.

ATTACHMENTS

1. Resolution- AB1600 FY 21-22 _CAO Stamp

2. Reso Attach 1 - Fund 137- Park Impact Mitigation Fee FY 2021-22

3. Reso Attach 2 - Fund 203- Transportation Impact Mitigation Fee FY 2021-22

4. Reso Attach 3 -Fund 211 - Hiddenbrooke Overpass Mitigation Fee FY 21-22

CONTACT
Melissa Tigbao, Public Works Director (707) 648-4301
[email protected]

RESOLUTION NO. 22 - _____ N.C.

APPROVING THE FISCAL YEAR 2021-22 AB 1600 REPORT AND MAKING THE FINDINGS IDENTIFIED IN THE AB 1600 REPORT AND AS REQUIRED BY GOVERNMENT CODE SECTION 66001(d)(1) ON DEVELOPMENT IMPACT FEES FOR FISCAL YEAR 2021-22

WHEREAS, the City of Vallejo has adopted certain fees designed to mitigate the impacts of new development in the City on tra nsportation, housing, and parks and established separate funds for the collection of said fees; and
WHEREAS, pursuant to Section 66006(b) of the Mitigation Fee Act (Gover nment Code Section 66000 et seq. , “the Act”) the City is required to make specified information regarding each fund available to the public within 180 days after the last day of the prior fiscal year; and
WHEREAS, Section 66001(d)(1) of the Act requires the City, after the fifth fiscal year following the first deposit into each fund and for every five years thereafter, to make certain findings with the respect to any fees remaining in the fund, whether committed or not; and
WHEREAS, the Annual Development Impact Fee Report for the fiscal year ending June 30, 20 22 includes all of the required information specified in Section 66006(b) and in section 66001(d)(1) of the Act; and
WHEREAS, the City Council desires to make the findings required by law with respect to the transportation, housing, and park development impact funds.

NOW, THEREFORE, BE IT RESOLVED , ORDERED AND FOUND by the City Council of the City of Vallejo, State of California, as follows:

1. The City Council hereby approves the Annual Development Impact Fee Report for Fiscal Year 20 21-22 in accordance with Government Code Section 66006 (b) (Report).

2. Based upon the Report, the staff reports and such other information that was presented to City Council during its consideration of this item, the City Council finds as required by Government Code Section 66001(d)(1) the following:

a. The purpose of the development impact fees remaining in each fund has been identified.

b. A reasonable relationship between the fees and the impacts of development

for which the fees are collected has been demonstrated.

c. The sources and amounts of funding anticipated to complete the financing of the incomplete improvements have been identified.

d. The approximate dates for funding the incomplete improvements have been designated.

Adopted by the City Council of the City of Vallejo at a regular meeting held on December 13, 2022 with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________________

ROBERT MCCONNELL, MAYOR

ATTEST:
______________________________________
DAWN G. ABRAHAMSON, CITY CLERK
Neighborhood Parks Impact Mitigation Fee
Single Family
Detached
(per unit)
Single Family
Attached
(per unit)
Duplex
(per unit)
Multiple Family
(3 or more units)
(per unit)
Mobile Home
(per unit)
$14,315.00 $12,907.00 $11,686.00 $9,808.00 $8,588
FINANCIAL DATA FY 2017-18 FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 Beginning Fund Balance $ 510,348 $ 518,359 679,305$ 739,736$ 439,822$ Revenue
Developer Fees 13,295$ 127,872$ 37,632$ 152,529$ 812,776$ Interest Income 2,153$ 33,074$ 22,799$ 14,351$ (22,084)$ Other Revenue -$ -$ -$ -$ -$ Total Revenue 15,448$ 160,946$ 60,431$ 166,880$ 790,692$ Total Expenditures 7,437$ -$ -$ 466,794$ -$ Total Available 518,359$ 679,305$ 739,736$ 439,822$ 1,230,514$ $ 15,448
$ 160,946 1,230,514$
$ 60,431 1,194,397$
$ 166,880 36,117$
$ 790,692
1,194,397$
FY 2021-2022
Reimbursements
Total
Reimbursements
FY 17/18 - FY 21/22
$ - 466,794$
Fiscal Year 2021-2022 Fee Schedule
Revenue Collected FY 2020-21 Unexpended Revenue Over 5 Years Old Five Year Total Revenue
Unexpended 5 Year Fee Test
Total Available (ending Fund Balance)
Five-Year Revenue Test Using First In First Out Method
Revenue Collected FY 2017-18
Revenue Collected FY 2018-19
City of Vallejo
AB 1600 Fee Report
Fund 137
Fiscal Year Ended June 30, 2022
The purpose of this fee is to provide funds to assist in paying the cost of additional park land and park improvements needed to serve the residents within the City.

All Neighborhood Parks Impact Mitigation funds for the projects identified above, including the entire unexpended fee, have been deposited in the Neighborhood Parks Mitigation Fund, which is the appropriate fund for these projects.

NEIGHBORHOOD PARKS IMPACT MITIGATION FEE EXPENDITURES as of 6/30/22 Revenue Collected FY 2019-20
Revenue Collected FY 2021-22
Total Revenue for Last Five Years
Unexpended Revenue will fund reimbursements to
Greater Vallejo Recreation District for the project(s) listed below.

Reimbursements to Greater Vallejo
Recreation District for Park Improvements

DESCRIPTION
City of Vallejo
AB 1600 Fee Report
Fiscal Year Ended June 30, 2022
Fund 203
Transportation Impact Mitigation Fee
Single Family
(per unit)
Multi-Family
(per unit)
Motels/Hotels
(per unit)
Commercial
(per square foot)
Industrial
(per square
foot)
$7,432 $4,179 $4,179 $3.51 $1.75
FINANCIAL DATA FY 2017-18 FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 Beginning Fund Balance $ 3,377,321 $ 3,533,903 4,078,028$ 3,544,953$ 3,437,199$ Revenue
Developer Fees 141,900$ 503,471$ 26,564$ 97,809$ 533,246$ Interest Income 19,182$ 127,645$ 157,131$ (1,838)$ (99,084)$ Total Revenue 161,082$ 631,116$ 183,695$ 95,971$ 434,162$ Total Expenditures 4,500$ 86,991$ 716,769$ 203,725$ 183,550$ Total Available 3,533,903$ 4,078,028$ 3,544,953$ 3,437,199$ 3,687,811$ Revenue Collected FY 2017-18 $ 161,082
Revenue Collected FY 2018-19 $ 631,116 3,687,811$ Revenue Collected FY 2019-20 $ 183,695 1,506,026$ $ 95,971 2,181,785$
$ 434,162
1,506,026$
$ 216,062.00 $ 136,862.00 $ 48,249.27 63% $ 200,000.00 $ 200,000.00 $ - 100% $ 200,000.00 $ 200,000.00 $ - 100% $ 200,000.00 $ 200,000.00 $ - 100% $ 491,978.00 $ 400,000.00 $ - 81% Transportation Impact Mitigation Fee Funded Projects as of 6/30/22 PW9420 - Erosion Control
PW9422 - Frontage Lane Traffic Signals
The purpose of this fee is to fund the modification or improvement to existing transportation facilities and to fund construction of new transportation facilities in the form of new streets, bridges, signals and other improvements to maintain existing levels of service required to mitigate the impact of new residential, commercial and industrial development.

Five-Year Revenue Test Using First In First Out Method
Revenue Collected FY 2020-21
Fiscal Year 2021-2022 Fee Schedule
Unexpended 5 Year Fee Test
Total Available (ending Fund Balance)
Five Year Total Revenue
Unexpended Revenue Over 5 Years Old
The above Unexpended Revenue amount will fund theRevenue Collected FY 2021-22 project(s) listed below.
% of Project
Funded
with Fee
PW9421 - Turner Parkway Improvements
Total Revenue for Last Five Years

DESCRIPTION
Approved Project
Budget
Approved Project
Budget Funded
with Fee
Total Project
Expenditures
(All Funding
Sources)
PW9701-Admiral Callaghan Lane Widening
PW9417 - Traffic Calming Toolbox
1 of 2
City of Vallejo
AB 1600 Fee Report
Fiscal Year Ended June 30, 2022
Fund 203
PW9729-Sacramento Street Road Diet $ 1,244,404.00 $ 429,678.00 $ 155,813.96 35% $ 100,000.00 $ 100,000.00 $ 20,240.00 100% $ 125,000.00 $ 125,000.00 $ 16,236.55 100% $ 496,000.00 $ 250,000.00 $ 93,119.83 50% $ 1,705,800.00 $ 400,000.00 $ 244,898.93 23% $ 948,606.00 $ 383,049.00 $ 936,931.00 40% 5,927,850.00$ $ 2,824,589.00 $ 1,515,489.54
All Transportation Impact Mitigation Fee funds for the projects identified above, including the entire unexpended fee, have been deposited in the Transportation Impact Mitigation Fund, which is the appropriate fund for these projects.

Total Budgeted Funds
PW9763 - HSIP Sonoma Blvd Road Diet
PW9730 - Citywide Road Diet Study
PW9731 - Redwood Street Road Diet
PW9735 - HSIP 5 Intersections Improvements
PW9736 - HSIP 6 Pedestrian Crossing Improvements
2 of 2
Hiddenbrooke Overpass Mitigation Fee
FY 2021-2022 Fee
Hiddenbrooke
Overpass
Mitigation Fee
(per unit)
$6,000
FINANCIAL DATA FY 2017-18 FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 Beginning Fund Balance $ 7,845,669 $ 7,835,194 8,064,313$ 8,280,499$ 8,050,996$ Revenue
Developer Fees 340$ - - 1,947$ -$ Interest Income 42,585$ 256,229$ 312,846$ (4,101)$ (214,174)$ Other Revenue -$ -$ -$ 23,483$ -$ Total Revenue 42,925$ 256,229$ 312,846$ 21,329$ (214,174)$ Total Expenditures $ 47,599 $ 19,633 $ 82,626 $ 241,313 $ 76,421 Transfers In/(Out) $ (5,801) $ (7,477) $ (14,034) $ (9,519) $ (14,042) Total Available 7,835,194$ 8,064,313$ 8,280,499$ 8,050,996$ 7,746,359$ $ 42,925
$ 256,229 7,746,359$
$ 312,846 419,155$
$ 21,329 7,327,204$
$ (214,174)
419,155$
Total
Current Project
Budget *
Project
Expenditures
FY 00/01 - FY 21/22 FY 00/01 - FY 21/22
8,000,000$ 1,126,000$ 1,063,416$ 100% City of Vallejo
AB 1600 Fee Report
Fiscal Year Ended June 30, 2022
Fund 211
The purpose of this fee is to fund improvements to the existing Hiddenbrooke overpass required to mitigate the impact of new residential development within the Hiddenbrooke development area.

Revenue Collected FY 2021-22
Total Revenue for Last Five Years the project listed below.

Five-Year Revenue Test Using First In First Out Method
Revenue Collected FY 2017-18
Revenue Collected FY 2018-19
Revenue Collected FY 2019-20
Revenue Collected FY 2020-21
Unexpended 5 Year Fee Test
Total Available (ending Fund Balance)
Five Year Total Revenue
Unexpended Revenue Over 5 Years Old
The above Unexpended Revenue will fund
HIDDENBROOKE OVERPASS MITIGATION FEE FUNDED PROJECTS as of 6/30/22 * The Hiddenbrooke Overpass Project was established in FY 2000-2001. Budget from Fund 211, currently totaling $1,126,000, has been allocated to the project since its' inception to fund Preliminary Design/Environmental and Design work. Project construction is projected to begin in Fiscal Year 2022- 2023. Additional budget (Unexpended Revenue) from Fund 211 will be allocated to the project budget prior to the commencment of the construction phase.

All Hiddenbrooke Overpass Mitigation Fee funds for the project identified above, including the entire unexpended fee, have been deposited in the Hiddenbrooke Overpass Mitigation Fund, which is the appropriate fund for this project.

Hiddenbrooke Overpass Improvement
(PW9967)

DESCRIPTION
Estimated
Project
Cost
% of Project
Funded
with Fee
CONSENT CALENDAR 8.H.

DATE: December 13, 2022
TO: Mayor and Members of the City Council
FROM: Terrance Davis, Assistant City Manager
SUBJECT: APPROVE THE FOURTH AMENDMENT TO CONSULTANT AND PROFESSIONAL

SERVICES AGREEMENT BETWEEN THE CITY AND AKIN GUMP STRAUS HAUER & FELD, EXTENDING THE TERM TO DECEMBER 31, 2023, AND AUTHORIZE THE CITY

MANAGER TO EXECUTE SAME

RECOMMENDATION
Approve the Fourth Amendment to the Consultant and Professional Services Agreement with Akin Gump Straus Hauer & Feld (“Akin Gump”) for legislative affairs services, extending the term to December 31, 2023 and authorizing the City Manager to execute same.

REASONS FOR RECOMMENDATION
Approval of the Fourth Amendment provides continuity for legislative support and advocacy efforts. Akin Gump provides the City with professional services in support of the City's legislative and grant funding priorities. This includes the services necessary for the completion of the City's 2023 legislative platform, continued advocacy with elected Federal and State officials, and support related to the Infrastructure Investment and Jobs Act legislation.

BACKGROUND AND DISCUSSION
Akin Gump has been contracted to provide legislative support to the City of Vallejo since April of 2020. Additionally, Akin Gump has provided similar support to the Solano Transportation Authority (STA) and related entities such as the City of Vallejo pursuant to a separate contract since 2007. As a member of the Joint Powers Authority, the City of Vallejo is a party to the professional services agreement with Akin Gump and utilizes the firm's services via the cooperative STA agreement to establish and advocate for legislative priorities for the City of Vallejo related to transportation and transit infrastructure.

In April 2020, the City Manager entered into a separate Consultant and Professional Agreement with Akin Gump to expand legislative support to include the City's economic development, water, housing, and public safety legislative priorities. The original contract was for a 6-month term, with two, one-year options to extend, and an original not to exceed the amount of $60,000.

To date, three amendments have been executed. On October 1, 2020, the City issued the First Amendment to the contract, extending the term three months, and increasing the not-to-exceed amount from $60,000 to $90,000. The first amendment was an extension of time only, and did not modify the original scope for legislative support. The second amendment extended the term from December 2020 to December 2021 and increased the not-to-exceed by $120,000. The third amendment increased the not-to-exceed amount from $210,000 to $330,000 and extended the term to December 31, 2022.

A fourth amendment is needed to extend the contract term by one year to end on December 31, 2023. This amendment will provide the City with adequate legislative support needed to advocate for City legislative

Date: December 13, 2022
Subject: APPROVE THE FOURTH AMENDMENT TO CONSULTANT AND PROFESSIONAL

SERVICES AGREEMENT BETWEEN THE CITY AND AKIN GUMP STRAUS HAUER & FELD, EXTENDING THE TERM TO DECEMBER 31, 2023, AND AUTHORIZE THE

CITY MANAGER TO EXECUTE SAME

Page 2 ends

priorities and navigate funding related to the Infrastructure Investment and Jobs Act.

FISCAL IMPACT
There would be no additional impact on the General Fund if this action is approved. There are sufficient appropriations in the FY 2022-23 General and Water Fund budgets to fund the agreement including the requested amendment.

ATTACHMENTS

1. FOURTH AMENDMENT AKIN GUMP STRAUS HAUER AND FELD_CAO STAMP

2. 20-PW192 AKIN GUMP STRAUS HAUER AND FELD Third Amendment (002)

3. _20-PW192 AKIN GUMP STRAUS HAUER & FELD Second Amendment

4. _20-PW192 AKIN GUMP STRAUS HAUER & FIELD First Amendment

5. _20-PW192 AKIN GUMP STRAUS HAUER & FIELD Consultant and Professional Services Agreement

CONTACT
Terrance Davis, Assistant City Manager (707) 648-4301
[email protected]

FOURTH AMENDMENT TO

AGREEMENT BETWEEN

CITY OF VALLEJO
AND

AKIN GUMP STRAUS HAUER & FELD, LLP
This Fourth Amendment to the Consultant and Professional Services Agreement dated April 1, 2020, hereafter referred to as “Agreement”, between Akin Gump Straus Hauer & Feld, a Limited Liability Partnership, therein referred to as Consultant, and the City of Vallejo, a municipal corporation, therein referred to as City, is made and entered into on this 8th day of November 2022.

Consultant and City do mutually agree as follows:

1. Revised Term of the Agreement. The term of the Agreement is currently scheduled to expire on December 31, 2022. As of the date of this Fourth Amendment, the term of the Agreement is extended to and shall expire on December 31, 2023.

2. Integration. This Fourth Amendment contains the entire agreement between the parties with respect to its subject matter and supersedes whatever oral or written understanding they may have had prior to the execution of this Fourth Amendment. This Fourth Amendment shall not be amended or modified except by a written agreement executed by each of the parties. Except as specifically revised herein, all terms and conditions of the Agreement shall remain in full force and effect, and Consultant shall perform all duties, obligations and conditions required under the Agreement.

3. Inconsistencies. In the event of any conflict or inconsistency between the provisions of this Fourth Amendment and the Agreement, the provisions of this Fourth Amendment shall control in all respects.

4. Ambiguities. The parties have each carefully reviewed this Fourth Amendment and have agreed to each term of this Fourth Amendment. No ambiguity shall be presumed to be construed against either party.

5. Counterparts. This Fourth Amendment may be executed by the parties in one or more counterparts all of which collectively shall constitute one document and agreement.

6. Facsimile Signatures. This Fourth Amendment shall be binding upon the receipt of facsimile signatures; provided, however, that any person transmitting his or her signature by facsimile shall promptly send an original signature to the other party at the addresses noted below:

City: Terrance Davis, Interim Assistant City Manager
City of Vallejo
555 Santa Clara Street
Vallejo, CA 94590
Consultant: Susan Lent, Partner
Akin Gump Straus Hauer & Feld, LLP
2001 K Street NW
Washington, DC 20006

7. Authority. The person signing this Fourth Amendment for Consultant hereby represents and warrants that he or she is fully authorized to sign this Fourth Amendment on behalf of Consultant.
(SIGNATURES ARE ON THE FOLLOWING PAGE)
IN WITNESS WHEREOF, the parties have entered into this Fourth Amendment on the day and year first hereinabove appearing.

AKIN GUMP STRAUS HAUER & FELD,
a Limited Liability Partnership
BY:

SUSAN LENT
Partner
DATE:
(City Seal)

CITY OF VALLEJO,
a municipal corporation
BY:

Mike Malone
City Manager
DATE:

ATTEST:

DAWN ABRAHAMSON
City Clerk
APPROVED AS TO CONTENT:

TERRANCE DAVIS
Assistant City Manager
APPROVED AS TO FORM:

VERONICA NEBB
City Attorney
APPROVED AS TO INSURANCE:

ARMOND SARKIS
Risk Manager
Feb 7, 2022 10:06 AM, 927733424
Contract and Routing Form
Contract Number: 20-PW192
Date Originated:

Finance Department ∙ 555 Santa Clara Street ∙ Vallejo ∙ CA ∙ 94590 ∙ 707.648.4592 Department: City Manager's Office,
Staff Contact: Felicia G Escover, [email protected] Contract Type: Amendment
Vendor: Akin Gump Strauss Hauer and Feld Vendor Number:104013 Contract Not to Exceed Amount: 330000.00
Contract Start Date: Apr 01, 2020 End Date: Dec 31, 2022 Authority to Contract: City Council Date to Council: Dec 20, 2021 Attachments are uploaded for review here: https://bit.ly/vContracts Approved Pre-Requisition Form
Original Agreement with any Amendments
Insurance
I have uploaded additional files.No
DocuSign Envelope ID: B687B195-679B-46DF-BD9E-FB7FD8161BA3

Contract and Routing Form
Signature Page
Department Initial Date Comment
Originating Department/Division
Risk Manager
Finance Department
City Attorney's Office
City Manager's Office
City Clerk
Return executed contract to: Felicia Escover
DocuSign Envelope ID: B687B195-679B-46DF-BD9E-FB7FD8161BA3 2/7/2022
2/8/2022
2/8/2022
2/18/2022
2/18/2022
5/19/2022

Jan 25, 2022 7:12 PM, 917322622
Pre-Requisition Form
Contract Number: 20-PW192
Finance Department ∙ 555 Santa Clara Street ∙ Vallejo ∙ CA ∙ 94590 ∙ 707.648.4592 Department: City Manager's Office,
Staff Contact: Felicia Escover, [email protected] Vendor: Akin Gump Strauss Hauer & Feld, LLP Vendor Number 104013 Anticipated Date to Council: Dec 20, 2021
Term: Multi-year Term
Anticipated Start Date: Apr 01, 2020
Anticipated End Date: Dec 31, 2022
Anticipated Contract Type: Amendment
Purchasing Authority: City Council
Total Projected Expenditure: 330000.00
Multiple Project Numbers? No, just one Multiple Account Numbers? Two First Account Number: 401-2701-431-05-01 First Amount: 105000 Second Account Number: 001-9001- 990-06-01 Second Amount: 105000
Description of Proposed Purchase:

Consultant services for general City/non-transportation-related legislative support (public safety, housing, water infrastructure, etc.) The contract has been extended and the not-to-exceed has increased from 210k to 330k with this Third Amendment to the contract.

I have reviewed the city-wide contracts, expenditure and encumbrance reports to comply with the VMC.

It is an existing vendor and I am working to take an action to the City Council because it will exceed the City- wide cap of $100,000 in a single FY.

Competitive Process: I am exempt from having to complete a Competitive Process Exemption Explanation:

Situations where solicitation of bids and proposals would for any reason be impractical unavailing or impossible Explanation for Vendor Selection:

As the vendor is already knowledgeable of the needs of our City and County through the work they perform for Public Works through our JPA
with Solano Transportation Authority, this vendor was chosen.

Uploaded documents available for review https://bit.ly/vPreReqs.

WarrantyNo
Original Contract/AgreementAmendment
DocuSign Envelope ID: B687B195-679B-46DF-BD9E-FB7FD8161BA3

DocuSign Envelope ID: B687B195-679B-46DF-BD9E-FB7FD8161BA3 Pre-Requisition Signature Section

Department Comment

Delegated Signee: Mike Malone
Title: Interim City Manager
E-mail: [email protected]

_
Signature Date

Route Final HTE PO to City Clerk for Contract Log

DocuSign Envelope ID: B687B195-679B-46DF-BD9E-FB7FD8161BA3 2/18/2022

Third Amendment to Agreement Between City of Vallejo and Akin Gump Straus Hauer & Feld, LLP Page 1 of 3 (Revised 01.2019)

THIRD AMENDMENT TO

AGREEMENT BETWEEN

CITY OF VALLEJO
AND

AKIN GUMP STRAUS HAUER & FELD, LLP
This Third Amendment to the Master Agreement made and entered into on April 1, 2020, hereafter referred to as Agreement, between Akin Gump Straus Hauer & Feld, a Limited Liability Partnership, therein referred to as Consultant, and the City of Vallejo, a municipal corporation, therein referred to as City, is made and entered into on this 20th day of December 2021.

Consultant and City do mutually agree as follows:

1. Revised Term of the Agreement. The Agreement term is currently scheduled to expire on December 31, 2021. As of the date of this Third Amendment, the term of the Agreement is extended to and shall expire on December 31, 2022.

2. Payment for Services. In consideration of Consultant continuing to provide Services, Consultant shall be paid an additional amount not to exceed one hundred twenty thousand dollars and no/100 cents ($120,000.00). The maximum not to exceed amount specified in Exhibit B of the Agreement is increased by said amount and the new not to exceed amount is three hundred thirty thousand dollars and no/100 cents ($330,000.00).

Consultant agrees that the amount of increase in the not to exceed amount specified above shall constitute full compensation for Services, and shall fully compensate Consultant for any and all direct and indirect costs that may be incurred by Consultant in connection with the provided Services, including costs associated with any changes and/or delays in work schedules or in the performance of other services or work by Consultant.

3. Integration. This Third Amendment contains the entire agreement between the parties with respect to its subject matter and supersedes whatever oral or written understanding they may have had prior to the execution of this Third Amendment. This Third Amendment shall not be amended or modified except by a written agreement executed by each of the parties. Except as specifically revised herein, all terms and conditions of the Agreement shall remain in full force and effect, and Consultant shall perform all duties, obligations and conditions required under the Agreement.

4. Inconsistencies. In the event of any conflict or inconsistency between the provisions of this Third Amendment and the Agreement, the provisions of this Third Amendment shall control in all respects.

DocuSign Envelope ID: B687B195-679B-46DF-BD9E-FB7FD8161BA3 Third Amendment to Agreement Between City of Vallejo and Akin Gump Straus Hauer & Feld, LLP Page 2 of 3 (Revised 01.2019)

5. Ambiguities. The parties have each carefully reviewed this Third Amendment and have agreed to each term of this Third Amendment. No ambiguity shall be presumed to be construed against either party.

6. Counterparts. This Third Amendment may be executed by the parties in one or more counterparts all of which collectively shall constitute one document and agreement.

7. Facsimile Signatures. This Third Amendment shall be binding upon the receipt of facsimile signatures; provided, however, that any person transmitting his or her signature by facsimile shall promptly send an original signature to the other party at the addresses noted below:

8. Authority. The person signing this Third Amendment for Consultant hereby represents and warrants that he or she is fully authorized to sign this Third Amendment on behalf of Consultant.
(SIGNATURES ARE ON THE FOLLOWING PAGE)
DocuSign Envelope ID: B687B195-679B-46DF-BD9E-FB7FD8161BA3 Third Amendment to Agreement Between City of Vallejo and Akin Gump Straus Hauer & Feld, LLP Page 3 of 3 (Revised 01.2019)
IN WITNESS WHEREOF, the parties have entered into this Third Amendment on the day and year first hereinabove appearing.

AKIN GUMP STRAUS HAUER & FELD,
a Limited Liability Partnership
BY:

SUSAN LENT
Partner
DATE:
(City Seal)

CITY OF VALLEJO,
a municipal corporation
BY:

Michael A. Malone
Interim City Manager
DATE:

ATTEST:

DAWN ABRAHAMSON
City Clerk
APPROVED AS TO CONTENT:

TERRANCE DAVIS
Interim Assistant City Manager
APPROVED AS TO FORM:

VERONICA NEBB
City Attorney
APPROVED AS TO INSURANCE:

ARMOND SARKIS
Risk Manager
DocuSign Envelope ID: B687B195-679B-46DF-BD9E-FB7FD8161BA3 2/7/2022
2/18/2022

Holder Identifier : 7777777707070700077763616065553330773717447305556707443036773506200072651466047221130772405113067011207126051332270112075626371364723300752627313443231007304011352270130077727252025773110777777707000707007 6666666606060600062606466204446200622220624006002006220206240040020060202262402400000602002626004002006222206062042220062022262602422200620020626204220006200004242222422066646062240664440666666606000606006Certificate No : 570090633845

CERTIFICATE OF LIABILITY INSURANCE

DATE(MM/DD/YYYY)
12/15/2021
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

PRODUCER
Aon Risk Services Northeast, Inc.

New York NY Office
One Liberty Plaza
165 Broadway, Suite 3201
New York NY 10006 USA
PHONE
(A/C. No. Ext):

E-MAIL
ADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC #
(866) 283-7122
INSURED 20281Federal Insurance CompanyINSURER A:
20303Great Northern Insurance Co.INSURER B:
20346Pacific Indemnity CoINSURER C:

INSURER D:

INSURER E:

INSURER F:

FAX
(A/C. No.): (800) 363-0105

CONTACT
N
AME:

Akin Gump Strauss Hauer & Feld
One Bryant Park
New York, NY 10036 USA
COVERAGES CERTIFICATE NUMBER: 570090633845 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested

POLICY EXP
(MM/DD/YYYY)

POLICY EFF
(MM/DD/YYYY)
SUBR
WVD
INSR
LTR
ADDL

INSD POLICY NUMBER TYPE OF INSURANCE LIMITS

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR

POLICY LOC

EACH OCCURRENCE

DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)

PERSONAL & ADV INJURY

GENERAL AGGREGATE

PRODUCTS - COMP/OP AGG
X
X
GEN'L AGGREGATE LIMIT APPLIES PER:
$1,000,000
$1,000,000
$10,000
$1,000,000
$2,000,000
B 04/01/2021 04/01/2022
General Liability
35346015
PRO-
JECT
OTHER:

AUTOMOBILE LIABILITY

ANY AUTO
OWNED

AUTOS ONLY

SCHEDULED
AUTOS

HIRED AUTOS
ONLY

NON-OWNED

AUTOS ONLY
BODILY INJURY ( Per person)

PROPERTY DAMAGE
(Per accident)X X
BODILY INJURY (Per accident)
$1,000,000A 04/01/2021 04/01/2022
Business Auto

COMBINED SINGLE LIMIT
(Ea accident)
73199017

EXCESS LIAB

X OCCUR

CLAIMS-MADE AGGREGATE

EACH OCCURRENCE
DED
$50,000,000
$50,000,000
04/01/2021
Umbrella
UMBRELLA LIABA 04/01/202279877739

RETENTION
X
E.L. DISEASE-EA EMPLOYEE
E.L. DISEASE-POLICY LIMIT
E.L. EACH ACCIDENT $1,000,000
X OTH-
ER
PER STATUTEC 04/01/2021 04/01/2022
Workers Comp
$1,000,000
Y / N
(Mandatory in NH)

ANY PROPRIETOR / PARTNER / EXECUTIVE
OFFICER/MEMBER EXCLUDED? N / AN

WORKERS COMPENSATION AND

EMPLOYERS' LIABILITY
If yes, describe under
DESCRIPTION OF OPERATIONS below
$1,000,000
71740180
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

CANCELLATIONCERTIFICATE HOLDER

AUTHORIZED REPRESENTATIVE
City of Vallejo
555 Santa Clara Street
Vallejo, CA 94590 USA
ACORD 25 (2016/03)
©1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE

EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

City of Vallejo 555 Santa Clara Street Vallejo CA 94590 The City of Vallejo, it's officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to General Liability as required per written contract.
$2,000,000
ADVERTISING INJ $50,000,000
DocuSign Envelope ID: B687B195-679B-46DF-BD9E-FB7FD8161BA3 DocuSign Envelope ID: B687B195-679B-46DF-BD9E-FB7FD8161BA3 DocuSign Envelope ID: B687B195-679B-46DF-BD9E-FB7FD8161BA3 DocuSign Envelope ID: B687B195-679B-46DF-BD9E-FB7FD8161BA3 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)Endorsement Effective 04-01-21Policy No. 71740180Endorsement No. Insured AKIN GUMP STRAUSS HAUER & FELD LLPPremium $ Incl.Insurance Company Pacific Indemnity CompanyCountersigned By WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13(Ed. 4-84) WC 00 03 13(Ed. 4-84) 1983 National Council on Compensation Insurance.

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENTWe have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.)This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.ScheduleANY PERSON OR ORGANIZATION FOR WHOMTHE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER. For policies or exposure in Missouri: Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual.

DocuSign Envelope ID: B687B195-679B-46DF-BD9E-FB7FD8161BA3 Holder Identifier : 7777777707070700077763616065553330773717447305556707443036773506200072651466047221130772405113067011207566055372274512075626735 320327700752623313403671007704055712274570077727252025773110777777707000707007 6666666606060600062606466204446200602022626004220006222004240240002062002040400622020600000604026220206220004240260020062202062 400402000620020626006000006220226062220420066646062240664440666666606000606006 Certificate No : 570091245603

CERTIFICATE OF LIABILITY INSURANCE

DATE(MM/DD/YYYY)
01/10/2022
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONT RACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

PRODUCER
Aon Risk Services Northeast, Inc.

New York NY Office
One Liberty Plaza
165 Broadway, Suite 3201
New York NY 10006 USA
PHONE
(A/C. No. Ext):

E-MAIL
ADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC #
(866) 283-7122
INSURED AA1128987Lloyd's Syndicate No. 2987INSURER A:

INSURER B:

INSURER C:

INSURER D:

INSURER E:

INSURER F:

FAX
(A/C. No.): (800) 363-0105

CONTACT
NAME:

Akin Gump Strauss Hauer & Feld
One Bryant Park
New York, NY 10036 USA
COVERAGES CERTIFICATE NUMBE R: 570091245603 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERI OD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION O F ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDE D BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested

POLICY EXP
(MM/DD/YYYY)

POLICY EFF
(MM/DD/YYYY)
SUBR
WVD
INSR
LTR
ADDL

INSD POLICY NUMBER TYPE OF INSURANCE LIMITS

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR

POLICY LOC

EACH OCCURRENCE

DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)

PERSONAL & ADV INJURY

GENERAL AGGREGATE

PRODUCTS - COMP/OP AGG
GEN'L AGGREGATE LIMIT APPLIES PER:

PRO-
JECT
OTHER:

AUTOMOBILE LIABILITY

ANY AUTO
OWNED

AUTOS ONLY

SCHEDULED
AUTOS

HIRED AUTOS
ONLY

NON-OWNED

AUTOS ONLY
BODILY INJURY ( Per person)

PROPERTY DAMAGE
(Per accident)
BODILY INJURY (Per accident)

COMBINED SINGLE LIMIT
(Ea accident)

EXCESS LIAB
OCCUR

CLAIMS-MADE AGGREGATE

EACH OCCURRENCE
DED

UMBRELLA LIAB

RETENTION
E.L. DISEASE-EA EMPLOYEE
E.L. DISEASE-POLICY LIMIT
E.L. EACH ACCIDENT
OTH-
ER

PER STATUTE
Y / N
(Mandatory in NH)

ANY PROPRIETOR / PARTNER / EXECUTIVE
OFFICER/MEMBER EXCLUDED? N / A

WORKERS COMPENSATION AND

EMPLOYERS' LIABILITY
If yes, describe under
DESCRIPTION OF OPERATIONS below
AggregatePSLNS2201665 01/01/2022 01/01/2023
$10,000,000Limit
Lawyers ProfA $5,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Primary Participation: Brit Syndicate 2987/2988 at Lloyd's and Various Insurance Companies Errors & Omissions coverage is a Claims Made policy. There is no Additional Insured status on the Errors and Omissions coverage.

CANCELLATIONCERTIFICATE HOLDER

AUTHORIZED REPRESENTATIVE
City of Vallejo
555 Santa Clara Street
Vallejo, CA 94590 USA
ACORD 25 (2016/03)
©1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE

EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE W I T H T H E POLICY PROVISIONS.

DocuSign Envelope ID: B687B195-679B-46DF-BD9E-FB7FD8161BA3

CONSENT CALENDAR 8.I.

DATE: December 13, 2022
TO: Mayor and Members of the City Council
FROM: Christina Ratcliffe, Planning & Development Services Director SUBJECT: ADOPT FOUR RESOLUTIONS AUTHORIZING THE CITY MANAGER TO EXECUTE HISTORIC

PROPERTY PRESERVATION AGREEMENTS PURSUANT TO THE MILLS ACT, CONSISTENT

WITH THE RECOMMENDATIONS OF THE ARCHITECTURAL HERITAGE AND LANDMARKS COMMISSION, FOR THE PROPERTIES LOCATED AT 816 ALAMEDA STREET (APN 0056-152- 200) (MILLS ACT #19-0001), 803 CAPITOL STREET (APN 0056-174-190) (MILLS ACT #22-0002), 705 GEORGIA STREET (APN 0056-204-010) (MILLS ACT #22-0003), AND 828 GEORGIA STREET (APN 0056-205-150) (MILLS ACT #22-0004) AND FINDING EACH OF THESE ACTIONS

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15331

RECOMMENDATION
Adopt four resolutions authorizing the City Manager to execute Historic Property Preservation Agreements pursuant to the Mills Act, consistent with the recommendations of the Architectural Heritage and Landmarks Commission, for the properties located at 816 Alameda Street (APN 0056-152-200) (Mills Act #19-0001), 803 Capitol Street (APN 0056-174-190) (Mills Act #22-0002), 705 Georgia Street (APN 0056-204-010) (Mills Act #22-0003), and 828 Georgia Street (APN 0056-205-150) (Mills Act #22-0004) and finding each of the actions exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15331.

REASONS FOR RECOMMENDATION
The Mills Act is one of the most important incentive programs available in California for use by private property owners of qualified historic buildings. By entering into an agreement with the property owner, the City provides an economic incentive for property owners to preserve and protect important historical buildings. The AHLC has recommended approval of each of the four agreements based on conformance with the Council- approved criteria and each building's architectural importance.

BACKGROUND AND DISCUSSION
Background

In 1991, the City Council adopted Resolution No. 91-442 (Attachment 1) authorizing the City to enter into Historic Property Preservation Agreements (commonly referred to as Mills Act agreements) provided certain criteria are met. One such condition specifies that the City may approve no more than five such contracts per calendar year.

Mills Act agreements encourage property owners to invest in preserving the historic character of their properties. Mills Act contracts grant property owners a tax abatement on the condition that the owners complete specific improvements and maintenance to their property. Typically, property owners can expect a 20% to 70% reduction in their property assessments.

Mills Act contracts run for 10 years, after which there are automatic yearly extensions. Subsequent owners are bound by the contract and have the same rights and obligations as the original owner who entered into the contract.

On November 19, 2020, the Architectural Heritage and Landmark Commission (AHLC) considered an

Date: December 13, 2022
Subject: ADOPT FOUR RESOLUTIONS AUTHORIZING THE CITY MANAGER TO EXECUTE HISTORIC

PROPERTY PRESERVATION AGREEMENTS PURSUANT TO THE MILLS ACT, CONSISTENT

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15331

Page 2 ends

application for a Historic Property Preservation Agreement for the property at 816 Alameda Street. The Commission voted unanimously to recommend that the City Council approve a resolution to enter into an agreement with the property owners. Attachment Numbers 2- 4 include the proposed Draft Resolution, Draft Agreement and the complete AHLC packet for this property.

On October 20, 2022, the AHLC considered three applications for Historic Property Preservation Agreements.

The first was for the property at 803 Capitol Street. The Commission voted unanimously to recommend that the City Council approve a resolution to enter into an agreement with the property owners. Attachment Numbers 5- 7 include the proposed Draft Resolution, Draft Agreement and the complete AHLC packet for this property.

The second was for the property at 705 Georgia Street. The Commission voted 4-1 to recommend that the City Council approve a resolution to enter into an agreement with the property owners. Attachment Numbers 8- 10 include the proposed Draft Resolution, Draft Agreement and the complete AHLC packet for this property.

The third was for the property at 828 Georgia Street. The Commission voted unanimously to recommend that the City Council approve a resolution to enter into an agreement with the property owners. Attachment Numbers 11- 13 include the proposed Draft Resolution, Draft Agreement and the complete AHLC packet for this property.

In return for potential property tax relief, each of the property owners agreed to enter into a ten-year program of maintenance, rehabilitation, and restoration of their historic property.

Discussion
When the City Council adopted Resolution No. 91-442 establishing the City's Mills Act program, it also adopted the following criteria for evaluating the scope and appropriateness of individual contracts:

1. The property must be on the City's Historic Resource Inventory (HRI) and an evaluation form must have been completed and reviewed as to the property's level of significance.

2. An application must include the HRI entry, updated to comply with the most current procedures of the State Office of Historic Preservation (OHP), a description of the annual preservation and restoration goals to be undertaken by the owner and the estimated completion time, and projected adjustments of the property taxes as determined by the County Assessor’s Office.

3. The Commission will vote to recommend that the City Council approve or deny the project based on the evaluation form from the HRI, taking into special account the level of significance of the structure and its potential as a Landmark, Historical Structure, a Structure of Merit, or a Contributing Structure as outlined in the City Code, Chapter 16.38.150, designation Criteria and 16.38.160, Classification of Designation, and in accordance with the most current Standards of the State OHP.

4. The project should be highly visible so that it will serve as a catalyst to encourage others. If the project is to be adopted for a new use, the use should be compatible with the building and the neighborhood.

5. Preservation and restoration activities required for or performed on properties bound under a Mills Act Contract shall be carried out in conformity with the Design Standards of the City of Vallejo, the Secretary of the Interior’s Standards for the Treatment of Historic Properties and the Guidelines for Date: December 13, 2022
Subject: ADOPT FOUR RESOLUTIONS AUTHORIZING THE CITY MANAGER TO EXECUTE HISTORIC

PROPERTY PRESERVATION AGREEMENTS PURSUANT TO THE MILLS ACT, CONSISTENT

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15331

Page 3 ends

Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings, and the State Historical Building Code.

6. Applications for a Mills Act Contract shall be accompanied by a filing fee of $100.00. Upon contract adoption by the City Council, a contract maintenance fee of $900.00 will be imposed, to be assessed over a three-year period at $300.00 yearly.

7. No more than five Mills Act Contracts will be entered into by the City in a Calendar year.

Discussion
Below is a list of each of the seven criteria created by City Council in Resolution No. 91-442 and a brief analysis demonstrating compliance of each of the Mills Act applications.

Criteria 1 is met as each property is on the City’s Historic Resource Inventory (HRI). The State Department of Parks and Recreation (DPR) forms for designating historically significant properties are included in Attachments 1-4. The DPR form for 816 Alameda was completed in 2020 by architectural historian Kara Brunzell. The DPR forms for 803 Capitol, 705 Georgia and 828 Georgia were completed in 1979 by architectural historian Paula Boghosian. The DPR evaluations indicate that each of the buildings is historically significant for its exceptional design.

Criteria 2 is met as the HRI entries comply with the most current procedures of the OHP and the applicant’s annual preservation and restoration goals are included in the each of the proposed Mills Act contracts. As the County Assessor no longer provides projected tax adjustments, this requirement has been waived.

Criteria 3 is met as each building is an excellent local example of historic architecture, as noted in Criteria 1 and discussed below:

816 Alameda is a good example of a modest Craftsman residence, which during the early twentieth century became the most popular style for small houses. It exhibits character-defining features of the style, including wood siding, decorative cottage windows, medium-pitch gabled roof, exposed rafter tails, and heavy decorative purlins. The building appears to retain the original double-hung windows with 4-lite upper sashes.

803 Capitol is designed in the Vernacular Style with Greco-Italianate architectural features such as its roof cornice and square bay. The entry is Greek Revival style with side lights and a transom above.

705 Georgia is an excellent local example of the Queen Anne style with Eastlake inspiration and includes architectural features such as an elaborate chimney and decorative wood designs adorning the gable-end bargeboard.

828 Georgia is a two-story Colonial Revival building showcasing architectural features such as progressively cantilevered forms and playful tension between the rigidly formal, symmetrical upper floor and the casual, asymmetrical ground floor. The oval windows on the front facade are typical examples of this style with their motif and keystone-like forms.

Date: December 13, 2022
Subject: ADOPT FOUR RESOLUTIONS AUTHORIZING THE CITY MANAGER TO EXECUTE HISTORIC

PROPERTY PRESERVATION AGREEMENTS PURSUANT TO THE MILLS ACT, CONSISTENT

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15331

Page 4 ends

Criteria 4 is met as each of the four projects is located in a highly visible location in the Heritage District.

816 Alameda is at the southeast corner of Alameda Street and Lozier Alley. The applicant has proposed a number of major improvements to the front of the building, including restoring the open porch, replacing the original redwood siding on the sides of the front stairs, and replacing the sectional garage door with a more historically appropriate door.

803 Capitol is at the southeast corner of Capitol Street and Napa Street and the applicants are proposing exterior work such as front entrance paving, fence restoration, roof repair and landscaping improvements.

705 Georgia is at the southeast corner of Georgia Street and Napa Street. The site’s visibility is enhanced by its location on a major street and the applicants have proposed exterior work such as paint and wood restoration, garage door and landscaping improvements.

828 Georgia is in a highly visible location on Georgia Street. The applicants' planned foundation repair will help to preserve the structural integrity along with exterior work such as landscape improvements, historically accurate windows and gutter repair. These various examples of exterior work will further enhance the appearance of the homes and encourage others in the vicinity to invest in their properties.

Criteria 5 is met as staff (and the AHLC, if required) will perform a complete review of any improvements that require a Certificate of Appropriateness to verify they comply with the above requirements. Based on the brief description provided in each project's scope of work, it appears all of the proposed improvements would be consistent with the Secretary of the Interior’s Standards. When the formal project applications are submitted, they will be reviewed in detail to verify that consistency is achieved.

Criteria 6 is met as the required filing, preparation, and monitoring fees for each of the Mills Act contracts have been paid.

Criteria 7 is met as there have been no Mills Act contracts approved this calendar year. Should the Council approve the four submitted tonight, only four Mills Act contracts will have been approved this calendar year.

FISCAL IMPACT
Entering into these Historic Preservation Agreements with the property owners would reduce the total amount of property assessments received from the property. The County is unable to release exact figures until the agreements have been approved by the City Council and recorded with the Assessor. The Assessor’s Office has indicated that there would be a property tax reduction upon the approval of the agreements compared to the total tax that the City would have received; however, improvements to the properties occurring pursuant to the agreements are anticipated to increase property values in the surrounding area, which may generate additional property tax revenues.

ENVIRONMENTAL REVIEW
Date: December 13, 2022
Subject: ADOPT FOUR RESOLUTIONS AUTHORIZING THE CITY MANAGER TO EXECUTE HISTORIC

PROPERTY PRESERVATION AGREEMENTS PURSUANT TO THE MILLS ACT, CONSISTENT

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15331

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Each of these projects has been reviewed pursuant to the requirements of the California Environmental Quality Act (CEQA) and found to be exempt pursuant to CEQA Guidelines Section 15331 (Class 31) (Historical Resource Restoration/Rehabilitation). Each project consists of a Mills Act contract, which is a funding mechanism used to offset the costs to restore, rehabilitate, and preserve an historic resource in a manner consistent with the Secretary of the Interior's Standards for Treatment of Historic Resources.

ATTACHMENTS

1. Council Resolution 91-442_Mills Act

2. CC Reso_816 Alameda_CAO Stamp

3. Ex. A Historic Preservation Agreement 816 Alameda

4. 816 Alameda AHLC Attachments

5. CC Reso_803 Capitol_CAO Stamp

6. Ex. A Historic Preservation Agreement_803 Capitol

7. 803 Capital AHLC Attachments

8. CC Reso_705 Georgia_CAO Stamp

9. Ex. A Historic Preservation Agreement_705 Georgia

10. 705 Georgia AHLC Attachments

11. CC_Reso_828 Georgia_CAO Stamp

12. Ex. A Historic Preservation Agreement_828 Georgia

13. 828 Georgia AHLC Attachments

CONTACT
Christina Ratcliffe, Planning & Development Services Director (707) 648-4326 [email protected]

RESOLUTION NO. 22-______ N.C.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO AUTHORIZING THE

EXECUTION OF A HISTORIC PROPERTY PRESERVATION AGREEMENT PURSUANT TO THE MILLS ACT WITH THE PROPERTY OWNER OF 816 ALAMEDA STREET AND FINDING

THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15331
WHEREAS, on July 16, 1991, the Vallejo City Council (“City Council”) adopted Resolution No. 91-442 in regards to Historic Property Preservation Agreements pursuant to the Mills Act; and WHEREAS, on February 21, 2019, an application was filed by Yessica Martinez (“applicant”) seeking to enter into a Historic Property Preservation Agreement (“Mills Act Contract”) with the City for their property located at 816 Alameda Street (“Property”); and WHEREAS, on June 30, 2020, the applicant provided a historic resource evaluation (HRE) prepared by a historian meeting the Secretary of the Interior’s Professional Qualifications, which determined that the Property meets the criteria for City Landmark designation and is therefore eligible for listing on the City’s Historic Resources Inventory (HRI), and the Applicant requested that the Property’s be added to the HRI; and
WHEREAS, on November 19, 2020, the Architectural Heritage and Landmarks Commission voted unanimously to recommend to the City Council that the City of Vallejo enter into a Historic Property Preservation Agreement with the property owner; and WHEREAS, on December 13, 2022, the City Council considered this application for an Historic Property Preservation Agreement.

NOW, THEREFORE, BE IT RESOLVED that the City Council finds that approval of the Historic Property Preservation Agreement (the “Project”) is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15331 because the Project involves the restoration and rehabilitation of an historical resource.

BE IT FURTHER RESOLVED that the City Council finds that the Historic Property Preservation Agreement complies with Resolution No. 91-442 criteria:

1. The subject property is on the City of Vallejo’s Historic Resource Inventory; and

2. A ten-year improvement plan submitted by the property owner will preserve the building and grounds; and

3. The Architectural Heritage and Landmarks Commission voted to recommend approval to City Council and will review any future Certificate of Appropriateness and compliance to Vallejo Municipal Code section 16.38.270; and

4. The improvements will retain the historic nature of the subject property and maintain the highly visible character of the house; and

5. Preservation and restoration activities meet the U.S. Secretary of the Interior Standards (which are the standards implemented by the City of Vallejo); and

6. The property owner paid contract preparation and monitoring fees of $1,962 to the City of Vallejo prior to the execution of the Historic Property Preservation Agreement; and

7. Not more than five of these Historic Property Preservation Agreements have been entered into the calendar year of 2022.

BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to execute the Historic Property Preservation Agreement attached hereto as Exhibit A and incorporated herein by reference and that, no later than twenty (20) days after the parties execute and enter into this Historic Property Preservation Agreement, the City Clerk shall cause this Historic Property Preservation Agreement to be recorded in the office of the County Recorder of Solano County.

AYES:

NOES:

ABSENT:

ABSTAIN:

ROBERT H. MCCONNELL, MAYOR
ATTEST:

DAWN G. ABRAHAMSON, CITY CLERK
Exhibits:

A. Draft Historic Property Preservation Agreement

EXHIBIT A
Mills Act Contract
816 Alameda Street

Page 1 of 8 ends

Recorded at the Request of:

The City of Vallejo
When recorded, mail to:

City of Vallejo
City Clerk
P.O. Box 3068
Vallejo, CA 94590
APN: 0056-152-200

HISTORIC PROPERTY PRESERVATION AGREEMENT
THIS AGREEMENT is made and entered into at Vallejo, California, this ____ day of December 2022, by and between the CITY OF VALLEJO, a municipal corporation, (hereinafter referred to as the “City”), and Yessica Martinez, owner (hereafter referred to as the “Owner”).

W I T N E S S E T H
A. Recitals
i. California Government Code Sections 50280, et seq. authorize cities to enter into contracts with the owners of qualified historical property to provide for the use, maintenance, and restoration of such historical property so as to retain its characteristics as property of historical significance; ii. Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, generally located at the street address 816 Alameda Street, Vallejo, California, (hereinafter such property shall be referred to as the “Historic Property”). A legal description of the Historic Property is attached hereto, marked Exhibit "A.1" and is incorporated herein by this reference. iii. On the 13th day of December, 2022, the City Council of the City of Vallejo adopted its Resolution No. ________ N.C. thereby declaring its intention to enter in this Historic Property Preservation Agreement (hereinafter referred to as the “Agreement”); and iv. City and Owner, for their mutual benefit, now desire to enter into this Agreement to protect, enhance, and preserve the characteristics of historical significance of the Historic Property and to qualify the Historic Property for an assessment of valuation pursuant to the provisions of Article 1.9 (commencing with Section 439) Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code.

B. Agreement
NOW, THEREFORE, City and Owner, in consideration of the mutual covenants and conditions set forth herein, do hereby agree as follows:

EXHIBIT A
Mills Act Contract
816 Alameda Street

Page 2 of 8 ends

1. Effective Date and Term of Agreement
This agreement shall be effective and commence on _________, 2022 and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date, such initial term will automatically be extended as provided in Paragraph 2, below.

2. Renewal
Each year on the anniversary of the effective date of this Agreement (hereinafter referred to as the "renewal date"), a year shall automatically be added to the initial term of this Agreement unless notice of nonrenewal is mailed as provided herein. If either Owner or City desires in any year not to renew the Agreement, Owner or City shall serve written notice of nonrenewal of the Agreement on the other party in advance of the annual renewal date of the Agreement. Unless such notice is served by Owner to City at least ninety (90) days prior to the annual renewal date, or served by the City to Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein.

Upon receipt by Owner of a notice of nonrenewal from City, Owner may make a written protest of the notice. City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the other of nonrenewal in any year. The Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply.

3. Standards for Historic 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 historical significance of the Historic Property and, where necessary, restore and rehabilitate the Historic Property according to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, the United States Secretary of the Interior’s Standards for the Treatment of Historic Properties, and the State Historical Building Code. Attached hereto, marked as Exhibit "A.2", and incorporated herein by this referee, is a list of improvements pertaining to the restoration or rehabilitation of the Historic Property. Owner shall complete the improvements listed in Exhibit “A.2” within the first 10 years of this Agreement, provided, however, that the Secretary of the Architectural Heritage and Landmarks Commission (“Secretary”) may authorize minor amendments to Exhibit “A.2” which do not decrease the total value of the work performed during the first 10 years. b. Prior to the commencement of any improvements listed in Exhibit “A.2”, Owner shall contact the Secretary to determine what, if any, City of Vallejo permits or approvals may be required.
c. Owner shall allow reasonable periodic examinations, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, State Department of Parks and Recreation, State Board of Equalization, and City, as may be necessary to determine Owner’s compliance with the terms and provisions of this Agreement.

EXHIBIT A
Mills Act Contract
816 Alameda Street

Page 3 of 8 ends

4. Provision of Information of Compliance
Owner hereby agrees to furnish City with any and all information reasonably requested by the City, which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement.

5. Cancellation
City, following a duly noticed public hearing as set forth in California Government Code Sections 50280, et seq., may cancel this Agreement if it determines that Owner is in breach of any of the conditions of this Agreement or have allowed the Historic Property to deteriorate to the point that it no longer meets the standards for a qualified historic property. City may also cancel this Agreement if it determines that the Owner has failed to restore or rehabilitate the Historic Property in the manner specified in Subparagraph 3 (a) of this Agreement. In the event of cancellation, Owner may be subject to payment of those cancellation fees set forth in California Government Code Sections 50280, et seq.

6. Enforcement of Agreement
In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of this Agreement. In the event of a default under the provisions of this Agreement by Owner, the City shall give written notice to Owner by registered or certified mail addressed to the address stated in this Agreement, and if such violation is not corrected to the reasonable satisfaction of the City within thirty (30) days thereafter or if not corrected within such a reasonable time as may be required to cure the breach or default if said breach or default cannot be cured within (30) days (provided that acts to cure the breach or default must be commenced within thirty (30) days and must thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement; apply to any court, state or federal, for injunctive relief against any violation by Owner; perform the work (or cause its performance) and assess the Historic Property for the work's value, as set forth in Chapters 11-16 of the Uniform Housing Code, as adopted; or apply for such other relief as may be appropriate.

City does not waive any claim or 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 available to the City to pursue in the event that there is a breach of this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder.

EXHIBIT A
Mills Act Contract
816 Alameda Street

Page 4 of 8 ends

7. Binding Effect of Agreement
The Owner hereby subjects the Historic Property described in Exhibit "A.1" hereto to the covenants, reservations, and restrictions as set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the 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 expressed in this Agreement regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed, or other instrument.

City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein touch and concern the land in that Owners’ legal interest in the Historic Property is rendered less valuable thereby.

City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations, and restrictions touch and concern the land by enhancing and maintaining the historic characteristics and significance of the Historic Property for the benefit of the public and Owner.

8. 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.

To City: Planning Manager
City of Vallejo
555 Santa Clara Street
Vallejo, CA 94590
To Owner: Yessica Martinez
816 Alameda Street
Vallejo, CA 94590

9. General Provisions
a. No later than one hundred eighty (180) days after the parties execute and enter into this Agreement, Owner shall provide written notice of this Agreement to the Office of Historic Preservation, Department of Parks and Recreation, P.O. Box 942896, Sacramento, CA 94296-0001.
b. 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 them to be considered joint venturers or members of any enterprise. c. Owner agrees to and shall hold City and its elected officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal

EXHIBIT A
Mills Act Contract
816 Alameda Street

Page 5 of 8 ends

injuries, including death, and claims for property damage that may arise from the direct or indirect use or operations of Owner or those of her contractor, subcontractor, agent, employee, or other person acting on their behalf that relate to the use, operation, and maintenance of the Historic Property. Owner hereby agrees to and shall defend the City and its elected officials, officers, agents, and employees with respect to any and all actions for damages caused, or alleged to have been caused, by reason of Owner’s activities in connection with the Historic Property. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property.
d. 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, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner whatsoever.
e. Upon approval of the Historic Property Preservation Agreement by the City Council, Owner or her successors in interest shall be responsible for a Mills Act contract maintenance fee per the City’s most recently adopted fee schedule. f. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. g. 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 affected thereby.
h. This Agreement shall be construed and governed in accordance with the laws of the State of California.

10. Recordation

No later than twenty (20) days after the parties execute and enter into this Agreement, City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Solano.

11. Amendments
This Agreement may be amended, in whole or in part, only by a written and recorded instrument executed by the parties hereto, in the manner in which it originally was executed except that Exhibit “A.2” may be amended upon mutual consent of the Owner, the Secretary, and the City Manager.

EXHIBIT A
Mills Act Contract
816 Alameda Street

Page 6 of 8 ends

IN WITNESS WHEREOF, City and Owner have executed this Agreement on the day and year first written above.

CITY OF VALLEJO OWNER
_______________________
Michael Malone Yessica Martinez
City Manager

Dawn Abrahamson
City Clerk
(City Seal)

EXHIBIT A
Mills Act Contract
816 Alameda Street

Page 7 of 8 ends

EXHIBIT A.1
Legal Description
APN: 0056-152-200
The land referred to is situated in the County of Solano, City of Vallejo, State of California, and is described as follows:

The Northerly 36 feet of Lots 1 and 2 in Block 353, as shown on the Official Map of the City of Vallejo, made by E.H. Rowe, C.E., which Map was filed for record in the Office of the County Recorder of Solano County, California on September 19, 1868, in Book 1 of Maps, Page 123.

EXHIBIT A
Mills Act Contract
816 Alameda Street

Page 8 of 8 ends

EXHIBIT A.2
10 Year Scope of Work
816 Alameda Street
Note: Years and amounts are approximate.

Year Description Cost
2020 Front yard fence and drought tolerant landscaping $3,000 Staircase repair and restoration $3,000
(Add custom milled rabbit shiplap already present in bottom portion of the home)
2021 Electrical panel upgrade $10,000
Restore old kitchen stove: 1920 Wedgewood $1,000
2022 Roof replacement $40,000
2023 Porch restoration $4,000
(Re-expose porch that was enclosed after original build; Remove windows that were drilled into porch bench;
Repair porch bench that was modified to install asbestos shingles) 2024 Complete exterior restoration $12,000
(Finish painting and dry rot and termite repairs)
2025 Jack-and-Jill bathroom restoration: trim replacement, $5,000 (Peeling paint; repair damaged tiles and original clawfoot bathtub) 2026 Repair/restore wood floors in kitchen $5,000
(Floors in kitchen have been tiled over)
2027 Repair flooring in two bedrooms, damaged by termites $4,000 2028 Windows throughout the house are in need of repair $3,000 (Remove, clean, and replace caulking; revarnish or paint depending on room; replace broken sash cords)
2029 Sagging floors repair $5,000
2030 Restore front door $500
TOTAL ESTIMATED COST: $95,500

CITY OF VALLEJO

ARCHITECTURAL HERITAGE

AND LANDMARKS COMMISSION

DATE OF MEETING: November 19, 2020 Agenda Item No. 13-A

PREPARED BY: Aaron Sage, Principal Planner
(707) 648-5391, [email protected]

PROJECT NUMBER: Mills Act Contract #19-0001

ADDRESS: 816 Alameda Street (APN 0056-152-200)

SUMMARY: Request by the owners to add the property to the City’s Historic Resource Inventory and enter into a Historic Property Preservation Agreement (Mills Act contract) with the City of Vallejo pursuant to California Government Code Section 50280.

ENVIRONMENTAL
DETERMINATION: The project is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15331 of the CEQA Guidelines (Class 31, “Historical Resource
Restoration/Rehabilitation”) as the proposed Mills Act contract requires preservation of an historical resource consistent with the Secretary of the Interior’s Standards. Therefore, no further review is required under CEQA.

RECOMMENDATION: Adopt the attached Resolution No. AHLC 20-07 adding the subject property to the City’s Historic Resources Inventory and recommending that the City Council APPROVE Mills Act Contract #19-0001, subject to the findings contained in the Resolution.

APPLICANT/OWNER: Yessica Martinez
816 Alameda Street, Vallejo, CA 94590

BACKGROUND

The City has received a request from the owner to add the subject property to the City’s Historic Resources Inventory and approve a Mills Act contract for a single-family residential property located at 816 Alameda Street. This section of the report provides an overview of State and City provisions for Mills Act contracts, the responsibilities of the property owners and the City, and the Architectural Heritage and Landmarks Commission’s (AHLC’s) role in the process. The following section provides staff’s analysis of the property’s compliance with the City’s Mills Act criteria.

Mills Act Overview

The Mills Act (California Government Code Section 50280) was adopted by the State Legislature in 1972 to provide a means for local governments to reduce property taxes on historic properties in exchange for agreements with property owners to maintain those properties’ historic character. The primary purpose is to encourage the renovation and maintenance of historic properties throughout the

AHLC Staff Report – Mills Act Contract for 816 Alameda Street November 19, 2020

Page 2 ends

State by providing a financial incentive in the form of reduced taxes. When the property transfers to a new owner, it is not re-assessed at market value, thereby allowing the new owners to enjoy a pre- existing reduced tax rate. This can contribute to the overall value of the historic property. In order to have the reduced tax rate applied during the following tax year, a Mills Act contract must be executed and sent to the County Assessor by the end of the current calendar year.

The Mills Act is a voluntary program; neither the City nor the property owner are obligated to enter into a contract even if a property is eligible. The initial contract term is a minimum of 10 years, and one year is automatically added to the term each year, unless the property owners or the City provide a notice of non-renewal. In such case, the contract remains in effect for the balance of the remaining term, either from its original execution or from the last renewal of the Agreement, whichever may apply.

In 1991, the City Council adopted Resolution No. 91-442 (Attachment 3) to establish a process and eligibility criteria for Mills Act contracts in Vallejo. In addition to meeting the other criteria, in order for a property to be eligible it must be listed on City’s Historic Resources Inventory. Staff’s analysis of the property’s compliance with all criteria of Resolution 91-442 is provided in the “Analysis” section below.

Responsibility of Parties

A draft contract is provided in Attachment 2. The property owner must agree to restore (if necessary) and maintain the property in a manner appropriate to its historic character and consistent with the Secretary of the Interior’s Standards for Rehabilitation. Per Resolution No. 91-442, Mills Act contracts in Vallejo must include an attached scope of work outlining the repairs and improvements the owners have agreed to complete during the initial 10-year term. The responsibilities of the initial applicants for the contract are transferred to all future owners of the property for as long as the contract is in effect.

The City is responsible for monitoring the property to ensure that the agreed to restoration and/or maintenance has been complied with. The City collects a fee of $772 to cover its monitoring expenses over the life of the contract. If the City determines that the property owner has not complied with the terms of the contract, the City may bring legal action against the owner or simply cancel the contract. If the contract is cancelled for this reason, a penalty of 12.5% of the market value of the property at the time of cancellation is assessed by the County.

SITE LOCATION

The subject property is located at the southeast corner of Alameda Street and Lozier Alley, between Florida and Carolina Streets; see Figure 1 on following page for location map. The property is located a half block outside (to the north) of the Architectural Heritage District.

HISTORY AND ARCHITECTURE

In order to determine the property’s eligibility for listing on the City’s Historic Resources Inventory (HRI), the applicant obtained a historical resource evaluation (HRE) and State Department of Parks and Recreation (DPR) form (see Attachment 4) from Kara Brunzell, a local historian meeting the Secretary of the Interior’s professional qualifications. According to the HRE, the existing building on the subject property is a Craftsman style home constructed in 1915. The most historically significant person to occupy the home was Charles R. Bailey, superintendent of the Sperry Flour Mill in the 1930s. Charles Bailey and his wife, Jessie, occupied the subject property from about 1930, when he began working at the Sperry Mill, until 1933 when he moved into the manager’s residence at the mill.

AHLC Staff Report – Mills Act Contract for 816 Alameda Street November 19, 2020

Page 3 ends

According to the HRE, the building “is a good example of a modest Craftsman residence, which during the early twentieth century became the most popular style for small houses. It exhibits character- defining features of the style including wood siding, decorative cottage windows, medium-pitch gabled roof, exposed rafter tails, and heavy decorative purlins.” The building’s front porch, originally open, has been enclosed, and the side walls of the front stairs have been sided with painted Hardi board, rather than the horizontal wood siding used on the rest of the house. The building appears to retain the original double-hung windows with 4-lite upper sashes. See Attachment 4 for photos of the building and surrounding area.

Figure 1 – Location Map

PROPOSED IMPROVEMENTS

The applicant’s proposed scope of work during the first 10 years is provided in Attachment 2, Exhibit A.2. The applicant estimates that the proposed work will cost approximately $95,500, of which about 70 percent is devoted to exterior work. The most expensive item is a new roof, at about $40,000. Other significant exterior work includes restoring the original redwood siding on the sides of the front stairs (currently only hardibacker board exists there), restoring the enclosed porch to its original open condition, and replacing the sectional garage door with a more historically appropriate door.

ANALYSIS

Historical Resource Inventory Eligibility

According to the City Council’s criteria for Mills Act contracts, a property must be listed on the City’s HRI in order to be eligible for a Mills Act contract. The AHLC may add properties to the HRI pursuant to

AHLC Staff Report – Mills Act Contract for 816 Alameda Street November 19, 2020

Page 4 ends

Vallejo Municipal Code Section 16.38.120, which states that the AHLC “shall undertake to establish and maintain a list of structures, objects and areas having a special historical, cultural, architectural or aesthetic interest or value.” The VMC does not provide any eligibility criteria for the HRI; however, the City’s practice has been to use the criteria for the National Register of Historic Places (NRHP), the California Register or Historical Resources (CRHR), and/or the City’s local landmark criteria (VMC

16.38.150). The NRHP, CRHR, and City landmark criteria are as follows:

NRHP Criteria:

a. [The property] is associated with events that have made a significant contribution to the broad patterns of our history;
b. [The property] is associated with the lives of persons significant in our past; c. [The property] embodies the distinctive characteristics of a type, period, or method of construction, represents the work of a master, possesses high artistic values, or represents a significant or distinguishable entity whose components may lack individual distinction; d. [The property] yields, or may be likely to yield, information important to the prehistory or history of the area/region.

CRHR Criteria:

1. [The property] is associated with the events that have made a significant contribution to the broad patterns of local or regional history, or the cultural heritage of California or the United States;

2. [The property] is associated with the lives of persons important to local, California, or national history;

3. [The property] embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values; and/or

4. [The property] has yielded, or has the potential to yield, information important to the prehistory or history of the local area, California, or the nation.

City Landmark Criteria:

A. Architectural Merit:

1. Property that is the first, last, only, or most significant architectural property of its type in the city or region.

2. Property that is the prototype of, or outstanding example of, periods, styles, architectural movements, engineering or construction techniques, or an example of the more notable work, or of the best surviving work in the city or region of an architect, designer or master builder.

3. Architectural examples worth preserving for the values they add when integrated into the total fabric of the city's neighborhoods.

History may be social, cultural, economic, political, religious or military;

AHLC Staff Report – Mills Act Contract for 816 Alameda Street November 19, 2020

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E. Any property which is listed on the National Register and is described in Section 470a of Title 16 of the United States Code and/or is a registered state landmark.

As noted earlier, the attached HRE found that the subject building “is a good example of a modest Craftsman residence” and “exhibits character-defining features of the style.” The HRE further states that the building possesses integrity (a requirement for listing on the CRHR), and “qualifies as a potential district contributor although it lacks the distinction required for listing as an individual landmark. For these reasons, the property is eligible as a potential district contributor to the NRHP and CRHR under Criterion C/3. Additionally, the house qualifies for local designation for its architecture under City of Vallejo Criterion A.3. ‘Architectural examples worth preserving for the values they add when integrated into the total fabric of the city's neighborhoods.’”

Staff concurs with the analysis by Ms. Brunzell. Because the building is a good example of the Craftsman style and appears to meet the criteria for local designation, as well as the NRHP and CRHR as a contributor, the property may be added to the HRI.

City Council Mills Act Criteria

Council Resolution No. 91-442 sets forth the following criteria. Staff’s analysis of each criteria is provided in italics.

1. The property must be on the City’s Historic Resources Inventory (HRI) and an evaluation form (DPR) must have been completed and reviewed as to the property’s level of significance.

Staff Analysis: As noted above, the property is eligible to be added to the City’s HRI based on the DPR form provided in Attachment 4. Upon the AHLC’s decision to add the property to the HRI, it will meet this criteria.

2. An application must include the HRI entry, updated to comply with the most current procedures of the State Office of Historic Preservation (OHP), a description of the annual preservation and restoration goals to be undertaken by the owner through the initial ten-year life of the Agreement with the estimated completion time, and projected adjustments of the property taxes as determined by the County Assessor’s office.

Staff Analysis: As noted above, the HRI entry (DPR form) is attached to the report. The DPR form complies with the most current procedures of the OHP. Due to workload and the complicated nature of the Mills Act assessment process, the County Assessor no longer provides projected tax adjustments, so this requirement has been waived. However, based on information from prior applicants and other cities in Solano County, the tax reduction is anticipated to be roughly 30 to 50 percent. See Attachment 5 for a copy of the property tax bill.

The current annual property tax is $5,108.44.

3. The Commission will vote to recommend that the City Council approve or deny this project based on the evaluation form from the HRI, taking into special account the level of significance of the structure and its potential as a Landmark, Historical Structure, a Structure of Merit, or a Contributing Structure as outlined in the City Code, Chapter 16.38.150, designation Criteria and

16.38.160, Classification of Designation, and in accordance with the most current Standards of the State OHP.

Staff Analysis: As discussed earlier, the property is eligible for landmark designation under Criterion A.3. “Architectural examples worth preserving for the values they add when integrated into the total fabric of the city's neighborhoods.” As to the type of landmark under VMC

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16.38.160, if designated the property would likely be classified as a “Structure of Merit” or “Contributing Structure”.

4. The project should be highly visible so that it will serve as a catalyst to encourage others [to restore and maintain their properties]. If the project is to be adopted for a new use, the use should be compatible with the building and the neighborhood.

Staff Analysis: The applicant has proposed a number of major improvements to the front of the building, including restoring the open porch, replacing the original redwood siding on the sides of the front stairs, and replacing the sectional garage door with a more historically appropriate door. These improvements will be highly visible and should help encourage other property owners in the vicinity to make similar improvements.

5. Preservation and restoration activities required for or performed on properties bound under a Mills Act Contract shall be carried out in conformity with the Design Standards of the City of Vallejo, the Secretary of the Interior’s Standards for the Treatment of Historic Properties and the Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings, and the State Historical Building Code.

Staff Analysis: Staff (and the AHLC, if required) will perform a complete review of any improvements that require a COA to verify they comply with the above requirements. Based on the brief description provided in the attached scope of work, it appears all of the proposed improvements would be consistent with the Secretary of the Interior’s Standards.

6. Application for a Mills Act contract shall be accompanied by a filing fee of $100.00. Upon contract adoption by the City Council, a contract maintenance fee of $900.00 will be imposed, to be assessed over a three-year period at $300.00 yearly.

Staff Analysis: The required filing fee was paid. The Mills Act contract requires payment of the contract maintenance fee prior to contract execution. The above fee amounts have been superseded by the most recent Council-adopted fee schedule.

7. No more than five Mills Act contracts will be entered into by the City in a calendar year.

Staff Analysis: Only two other Mills Act contracts have been approved by the City Council during the current calendar year.

General Plan and Zoning Conformance

No modifications are proposed to the property’s use, density or building envelope. Therefore, the proposed improvements would be consistent with all applicable General Plan and Zoning requirements.

RECOMMENDATION

Based on the property’s eligibility for local landmark designation, and its consistency with the City’s Council’s Mills Act criteria, Staff recommends that the Commission adopt Resolution No. AHLC 20-07 adding the subject property to the City’s Historic Resources Inventory and recommending that the City Council APPROVE Mills Act Contract #19-0001, subject to the findings contained in the Resolution.

AHLC Staff Report – Mills Act Contract for 816 Alameda Street November 19, 2020

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APPEAL

The applicant or any party aggrieved by a determination of the Architectural Heritage and Landmarks Commission may appeal the action to the City Council. Such appeal must be filed in writing with the City Clerk within ten (10) calendar days after the action by the Architectural Heritage and Landmarks Commission. Such appeal shall not be timely filed unless it is received in the Office of the City Clerk no later than the close of business on the tenth day. The City Council may affirm, reverse or modify any decision of the Architectural Heritage and Landmarks Commission that is appealed. The City Council may summarily reject any appeal upon determination that the appellant is not adversely affected by a decision under appeal.

ATTACHMENTS:

1. Resolution No. AHLC 20-07

2. Draft Mills Act contract with attached scope of work

3. Council Resolution No. 91-442

4. Historic Resource Evaluation and DPR Form

5. Applicant’s property tax bill

ARCHITECTURAL HERITAGE AND LANDMARKS COMMISION
RESOLUTION NO. AHLC 20-07

RECOMMENDING APPROVAL OF A MILLS ACT CONTRACT
FOR THE PROPERTY LOCATED AT 816 ALAMEDA STREET
(MA #19-0001)
AP
N 0056-152-200
*
* * * * * * * * * * * * * * * * * * * * * * * *
I
. GENERAL FINDINGS
W
HEREAS, July 16, 1991 the Council of the City of Vallejo adopted Resolution No. 91- 442, indicating its willingness to enter into Historic Property Preservation Agreements through the Mills Act and the Council’s adopted Mills Act Criteria; and W
HEREAS, on February 21, 2019 , an application was filed by Yessica Martinez (“Applicant”) seeking to enter into a Historic Property Preservation Agreement (“Mills Act Contract”) with the City for their property located at 816 Alameda Street (“Property”); and W
HEREAS, on June 30, 2020, the Applicant provided a historic resource evaluation (HRE) prepared by a historian meeting the Secretary of the Interior’s Professional Qualifications, which determined that the Property meets the criteria for City Landmark designation and is therefore eligible for listing on the City’s Historic Resources Inventory (HRI), and the Applicant requested that the Property’s be added to the HRI; and WHEREAS, on November 19, 2020 , the City of Vallejo Architectural Heritage and Landmarks Commission (“Commission”) conducted a public hearing to consider the proposed Mills Act Contract, at which testimony and evidence, both written and oral, were presented to and considered by the Commission; and WHEREAS, based on evidence received at the public hearing and in staff’s report to the Commission, the Commission makes the following factual findings:

II
. C

ALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS
W
HEREAS, the proposed HRI listing and Mills Act Contract are categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15331 of the CEQA Guidelines (Class 31, “Historical Resource Restoration/Rehabilitation”) as these actions will facilitate preservation of an historic al resource consistent with the Secr etary of the Interior’s Standards. Therefore, no further review is required under CEQA.

III. F
INDINGS RELEVANT TO THE CITY’S HISTORICAL RESOURCES INVENTORY WHEREAS, the AHLC may add properties to the HRI pursuant to Vallejo Municipal Code (“VMC”) Section 16.38.120, which states that the AHLC “shall undertake to establish and maintain a list of structures, objects and areas having a special historical, cultural, architectural or aesthetic interest or value”; and Resolution No. AHLC 20-07
Mills Act Contract MA #19-0005
816 Alameda Street

WHEREAS, the VMC does not provide any eligibi lity criteria for the HRI; however, the City’s practice has been to use the criteria for the National Register of Historic Places (NRHP), the California Register or Historical Resources (CRHR), and/ or the City’s local landmark criteria (VMC 16.38.150); and

WHEREAS, the aforementioned HRE found that the building on the Property “is a good example of a modest Craftsman residence” , “exhibits character-defining features of the style,” possesses integrity (a requirement for listing on the CRHR), and is therefor e eligible as a potential district contributor to the NRHP and CRHR under Criterion C/3.

Additionally, the building qualifies for local landmark designation for its architecture under VMC 16.38.150.A.3. (“architectural examples worth preserving for the values they add when integrated into the total fabric of the city's neighborhoods”).

IV. FINDINGS RELEVANT TO THE CITY’S CRITERIA FOR MILLS ACT CONTRACTS WHEREAS, the City’s criteria for approval of Mills Act Contracts (City Council Resolution 91-442) have been met, as follows:

1. Upon approval of this Resolution, the property is listed on the HRI, and an evaluation form (DPR) has been completed and reviewed as to the property’s level of significance.

2. The Commission was provided with the HRI entry (DPR form), w hich complies with the most current procedures of the State Office of Historic Preservation (O HP), and the application includes a description of the annual preservation and restoration goals to be undertaken by the owner through the initial ten-year life of the Agreement with the estimated completion time. Projected adjustments of the property taxes are no longer provided by the County Assessor’s office.

3. The Commission has considered the evaluation form from the HRI and has taken into special account the l evel of significance of the structure and its potential as a Landmark, Historical Structure, a Structure of Merit, or a Contributing Structure as outlined in the City Code, Chapter 16.38.150, designation Criteria and 16.38.160, Classification of Designation, and in accordance with the most current Standards of the OHP. Based on the information in the property’s DPR form, the property appears to meet the following criteria A.3 for designation of landmarks per Section 16.38.150 of the Vallejo Municipal Code ( VMC). As to the type of landmark under VMC

16.38.160, if designated the property would likely be classified as a “Structure of Merit” or “Contributing Structure”.

4. The project is highly visible and will serve as a catalyst to encourage other owners in the vicinity to restore and maintain their properties. The Applicant has proposed a number of major improvements to the front of the building, including restoring the open porch, replacing the original redwood siding on the sides of the front stairs, and replacing the sectional garage door with a more historically appropriate door.

5. All work performed under this Mills Act Contract will be carried out in conformity with the Design Standards of the City of Vallejo, the Secretary of the Interior’s Standards for th e Treatment of Historic Properties and the Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings, and the State 2 Resolution No. AHLC 20-07
Mills Act Contract MA #19-0005
816 Alameda Street

Historical Building Code.

6. The required filing fee was paid. Payment of the contract maintenance fee is required by the Mills Act contract.

7. Only two other Mills Act contracts have been approved by the City Council during the current calendar year, therefore the limit of five M ills Act contracts per calendar year has not been exceeded.

NOW, THEREFORE, BE IT RE SOLVED that the Commission hereby adds the property at 816 Alameda Street to the City’s Historic Resources Inventory.

BE IT FURTHER RESOLVED that the Commission hereby recommends that the City Council APPROVE Mills Act Contract MA #19- 0001 based on the findings contained herein.

V. VOTE
PASSED AND ADOPTED at a regular meeting of the Architectural Heritage and Landmarks Commission of the City of Vallejo, State of California, on the 19th day of November 2020, by the following vote to-wit:

AYES:

NOES:

ABSENT:

_______________________________
Brian Harkins, Chairperson
City of Vallejo Architectural Heritage and Landmarks Commission

Attest:

_______________________________
Aaron Sage, Secretary
City of Vallejo Architectural Heritage and Landmarks Commission

3 1

June 12, 2020
Yessica Martinez
816 Alameda Street
Vallejo, California

Subject: Historical Evaluation and Local Landmark Nomination of the house at 816 Alameda Street, Vallejo, Solano County, California.

Dear Yessica,
The letter report that follows and the DPR 523 forms attached comprise the evaluation and local landmark nomination of the house at 816 Alameda Street in Vallejo.

Methodology
Brunzell Historical personnel conducted a site visit on 7 May 2020. The site visit included collecting photographs of all elevations of the house, the parcel, and the setting. In order to establish the property’s land use history, Brunzell Historical personnel conducted research through the property owner and historic newspapers as well as online at ancestry.com and other websites.

Summary of Findings
The purpose of the historical evaluation is to determine whether an age-eligible property meets the criteria for historic listing in order to qualify for the Mills Act. Because this work was completed pursuant to CEQA, all resources discovered during the field survey require evaluation for California Register of Historical Resources (CRHR). The property was also evaluated for National Register of Historic Places (NRHP) eligibility and according to the City of Vallejo’s criteria. The property is eligible for local listing for its architecture, and is eligible to the CRHR and NRHP as a contributor to a local historic district.

National Register of Historic Places
In conjunction with the following NRHP criteria, sites must be assessed for integrity of location, design, setting, materials, workmanship, feeling, and association. A site may be considered eligible to the NRHP if it retains sufficient integrity of the elements listed above and it:
(a) is associated with events that have made a significant contribution to the broad patterns of our history;
(b) is associated with the lives of persons significant in our past; (c) embodies the distinctive characteristics of a type, period, or method of construction, represents the work of a master, possesses high artistic values, or represents a significant or distinguishable entity whose components may lack individual distinction; (d) yields, or may be likely to yield, information important to the prehistory or history of the area/region.

California Register of Historical Resources
The CRHR criteria are based on NRHP criteria. For a property to be eligible for inclusion on the CRHR, one or more of the following criteria must be met:
2 1. It is associated with the events that have made a significant contribution to the broad patterns of local or regional history, or the cultural heritage of California or the United States;

2. It is associated with the lives of persons important to local, California, or national history;

3. It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values; and/or

4. It has yielded, or has the potential to yield, information important to the prehistory or history of the local area, California, or the nation.

In addition to meeting one or more of the above criteria, the CRHR requires that sufficient time has passed since a resource’s period of significance to “obtain a scholarly perspective on the events or individuals associated with the resources” (CCR 4852 [d][2]). Fifty years is normally considered sufficient time for a potential historical resource, and in order that the evaluation remain valid for a minimum of five years after the date of this report, all resources older than 45 years will be evaluated. The CRHR also requires that a resource possess integrity. This is defined as the ability for the resource to convey its significance through seven aspects: location, setting, design, materials, workmanship, feeling, and association.

City of Vallejo Designation Criteria
A. Architectural Merit:

1. Property that is the first, last, only, or most significant architectural property of its type in the city or region.

3. Architectural examples worth preserving for the values they add when integrated into the total fabric of the city's neighborhoods.

B. Cultural Value: Structures, objects, sites and areas associated with the movement or evolution or religious, cultural, governmental, social and economic developments of the city; C. Educational Value: Structures worth preserving for their educational value; D. Historical Value: Preservation and enhancement of structures, objects, sites and areas that embody and express the history of Vallejo, Solano County, California, or the United States. History may be social, cultural, economic, political, religious or military; E. Any property which is listed on the National Register and is described in Section 470a of Title 16 of the United States Code and/or is a registered state landmark.

Evaluation
The National Register of Historic Places (NRHP) and California Register of Historical Resources (CRHR) require that a significance criterion from A-D or 1-4 (respectively) be met for a resource to be eligible.

Criterion A/1: 816 Alameda Street is not associated with events that have made a significant contribution to the broad patterns of our history. It was constructed within the general context of twentieth century population growth in Vallejo, but research has revealed no significant association with that or any other important historic context. Therefore, the property is recommended not eligible to the NRHP or CRHR under Criterion A/1.

Criterion B/2: 816 Alameda Street is not associated with the life of a person important to our history.

Research has revealed no association with important historical figures. Most of its residents were ordinary people, most of whom worked at Mare Island. Charles R. Bailey was superintendent of Sperry Flour Mill, which for many years was one of Vallejo’s most important industries. However, he only lived in the house for 3 three years, and the residence is not significantly associated with Bailey’s professional life. Therefore, the house is not recommended eligible to the NRHP or CRHR under Criterion B/2.

Additionally, the house qualifies for local designation for its architecture under City of Vallejo Criterion A.3. “Architectural examples worth preserving for the values they add when integrated into the total fabric of the city's neighborhoods.”1
Criterion D/4: In rare instances, buildings themselves can serve as sources of important information about historic construction materials or technologies and be significant under Criterion D/4. Wood-frame houses are well-understood building types, and therefore, 816 Alameda Street does not appear to be a principal source of important information in this regard.

Historic integrity is defined as the authenticity of a property’s historic identity, evidenced by the survival of physical characteristics that existed during its historic period. There are seven aspects of integrity: location, design, setting, materials, workmanship, feeling, and association. Loss of integrity, if sufficiently great, overwhelms significance, rendering a property ineligible for historic listing. 816 Alameda Street has not been moved and therefore retains integrity of location. The composition of elements that constitute the form, plan, space, structure, and style of the building are moderately altered; the only substantial change to the house is the enclosure of the original porch. Porches are an important element of Craftsman architecture and therefore its enclosure negatively affects the buildings integrity of design. However, since all other elements have been retained, the building retains integrity of design despite that alteration. The building was constructed along with the surrounding neighborhood, which has been altered only slightly in the intervening century, the property therefore retains integrity of setting. The building’s integrity of materials and workmanship is evident in the survival of exterior details. The property retains sufficient significant physical characteristics from its original construction to convey its historic qualities and therefore retains integrity of feeling. Continued use as a residence allows it to convey integrity of association. Therefore, the building conveys its historic significance through all seven aspects of integrity.

The house is recommended eligible for listing on the NRHP and CRHR and qualifies as a historical resource under CEQA. It is also recommended eligible for local listing in the City of Vallejo.

Preparer’s Qualifications
I meet the Secretary of Interior’s Professional Qualifications for both History and Architectural History. I hold a Master’s degree in Public History and have worked in multiple facets of historic preservation and cultural resource evaluation since 2007. My experience includes municipal preservation planning and working as the lead staff member of a non-profit preservation organization. Since 2012, I have worked full-time as a historical consultant, completing dozens of evaluations for CEQA and Section 106 compliance. Additionally, I have completed local and national register nominations, historic context statements, and HAER recordation. The North Bay region is the center of my practice, but I frequently work in the greater Sacramento area and other parts of the Bay Area, and have also completed projects in Southern California, Oregon, and New York. In addition to my work with historic-period residential, agricultural, and commercial properties for private clients, I have evaluated post offices, military bases, university campuses, hospitals,

1 City of Vallejo Municipal Code, Chapter 16.38 - ARCHITECTURAL HERITAGE AND HISTORIC PRESERVATION. 4 church properties, and a NASA site. I am listed as a Historian and Architectural Historian on the California Office of Historic Preservation’s roster of qualified consultants for every county in California.

Please contact me by phone at 707/290-2918 or e-mail at [email protected] with any questions or comments.

Sincerely,

Kara Brunzell, M.A.

Brunzell Historical

Attachments: DPR 523 forms, 816 Alameda Street, Vallejo, California

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DPR 523A (1/95) *Required Information

State of California – The Resources Agency Primary # _____________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________ PRIMARY RECORD Trinomial _____________________________________ NRHP Status Code
Other Listings _______________________________________________________________ Review Code __________ Reviewer ____________________________ Date ___________ P1. Other Identifier: 816 Alameda Street
*P2. Location:  Not for Publication  Unrestricted *a. County Solano and (P2b and P2c or P2d. Attach a Location Map as necessary.) *b. USGS 7.5’ Quad Benicia Date 2018 T___; R _ __; ___ ¼ of Sec ___; _ ___ B.M. c. Address 816 Alameda Street City Vallejo Zip 94590 d. UTM: (give more than one for large and/or linear resources) Zone ; mE/ mN e. Other Locational Data: (e.g., parcel #, directions to resource, elevation, etc., as appropriate)

*P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries)

This property is located on the west side of Alameda Street between Florida and Carolina Streets in Vallejo, California. The neighborhood is characterized by residential development with a few commercial enterprises interspersed. The house is on a corner lot, with Lozier Alley running along its north side. The single-story with raised basement building has a roughly rectangular plan and front-gabled roof with a projecting volume at the main (east) façade under its own lower-height gabled roof. The primary entrance is near the center of the main façade in this projecting volume, which is an enclosed porch. A wide set of wooden steps leads to the front door. A basement-level garage is accessed via a driveway that runs north of the front steps, and is fitted with a metal roll-up door.. A narrow walkway south of the building leads to the backyard. The building is clad in a combination of narrow wood clapboard and wider horizontal wood siding.

The main level of the house features cottage style windows: double-hung wood sash with smaller upper lights divided into four or five narrow vertical lights. There are plain double-hung wood sash at the basement level. The windows on the enclosed porch are fixed. The decorative wood windows and cladding, medium-pitch gabled roof, exposed rafter tails, and heavy decorative purlins are character- defining architectural features of the Craftsman style.

*P3b. Resource Attributes: (List attributes and codes) HP2. Single family property *P4. Resources Present:  Building  Structure  Object  Site  District  Element of District  Other (Isolates, etc.) P5b. Description of Photo: (View, date,
accession #) Photograph 1: Property overview,
camera facing northeast, May 7, 2020.

*P6. Date Constructed/Age and Sources:
 Historic  Prehistoric  Both
c1915, Solano County Assessor’s Office

*P7. Owner and Address:

Yessica Martinez
816 Alameda Street
Vallejo, CA

*P8. Recorded by: (Name, affiliation, address)
Charlotte Watter, Brunzell Historical
1613 B St
Napa, CA 94559

*P9. Date Recorded: May 7, 2020

*P10. Survey Type: (Describe) Intensive

*P11. Report Citation: (Cite survey report and
other sources, or enter “none.”) None
*Attachments: None  Location Map  Sketch
Map  Continuation Sheet  Building, Structure, and Object Record  Archaeological Record  District Record  Linear Feature Record  Milling Station Record  Rock Art Record  Artifact Record  Photograph Record  Other (list) __________________

Page 2 of 11 ends

*Resource Name or # (Assigned by recorder) 816 Alameda Street

DPR 523B (1/95) *Required Information State of California – The Resources Agency Primary # _____________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________

BUILDING, STRUCTURE, AND OBJECT RECORD
B1. Historic Name: None
B2. Common Name: 816 Alameda Street
B3. Original Use: residential B4. Present Use: residential *B5. Architectural Style: American Craftsman
*B6. Construction History: (Construction date, alteration, and date of alterations) 1915, Original construction Unknown date, Porch enclosed, cement shingle siding installed 2017-2019, original siding restored

*B7. Moved?  No  Yes  Unknown Date: Original Location:
*B8. Related Features:

B9. Architect: unknown b. Builder: unknown
*B10. Significance: Theme Architecture Area Vallejo, California Period of Significance 1915 Property Type Residence Applicable Criteria C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity.)

B11. Additional Resource Attributes: (List attributes and codes) *B12. References:
(See Footnotes)
B13. Remarks:

*B14. Evaluator: Kara Brunzell

*Date of Evaluation: May 7, 2020

(This space reserved for official comments.)

Page 3 of 11 ends

*Recorded by Charlotte Watter *Date: May 7, 2020  Continuation  Update

*P5b. Description: (continued):

Photograph 2: North and west elevations, camera facing southeast, May 7, 2020.

Photograph 3: North and east elevations, camera facing southwest, May 7, 2020.

Page 4 of 11 ends

*Recorded by Charlotte Watter *Date: May 7, 2020  Continuation  Update

Photograph 4: East elevation, camera facing northwest, May 7, 2020.

Photograph 5: South and west elevations, camera facing northeast, May 7, 2020.

Page 5 of 11 ends

*Recorded by Charlotte Watter *Date: May 7, 2020  Continuation  Update

Photograph 6: Detail of rafters on eastern elevation of 816 Alameda Street, camera facing northwest, May 7, 2020.

Photograph 7: North elevation of 816 Alameda Street with view of Lozier Alley, camera facing southeast, May 7, 2020.

Page 6 of 11 ends

*Recorded by Charlotte Watter *Date: May 7, 2020  Continuation  Update

Photograph 8: View of Alameda Street at Lozier Alley, camera facing south, May 7, 2020.

Photograph 9: View directly across from 816 Alameda Street, camera facing west, May 7, 2020.

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*Recorded by Charlotte Watter *Date: May 7, 2020  Continuation  Update

Photograph 10: View looking down Alameda Street from Lozier Alley, camera facing northwest, May 7, 2020.

B10. Significance (continued):

City of Vallejo Historic Context
The original inhabitants of the Vallejo area were members of the Coast Miwok and Patwin tribes. In 1833, General Mariano Vallejo passed through the area on his way to set up a headquarters in Sonoma on behalf of the Mexican government. As military commander of Mexico’s northern frontier, Vallejo received vast land grants from the Mexican government in the 1830s. Rancho Suscol, which included the land on which the town of Vallejo was built, was one of these large grants. After California became part of the United States in 1850, General Vallejo offered 156 acres adjacent to the Carquinez Strait as a site for the state capital, and the grateful legislature named the town Vallejo in the General’s honor. John B. Frisbie, who was General Vallejo’s son-in-law, commissioned a surveyor to lay out a town and built a house in Vallejo. The California State Legislature came to Vallejo in 1852, but soon abandoned the mostly-undeveloped town for Benicia and finally Sacramento. This emptied the nascent village of most of its population, but Vallejo received a more lasting government sponsor just two years later when the US Navy established its first West Coast base and eventually a major shipyard on Mare Island. This was the start of a 142-year relationship between the navy and the town. Vallejo grew slowly after the arrival of the navy, with hotels, churches, a wharf, and a telegraph line opening in the late 1850s. Vallejo soon became a flourishing town and incorporated in 1867.1 With its strategic location on the Napa River and Carquinez Strait, Vallejo became a center of trade and shipping, especially after the railroad arrived in 1860. Its perfect position at the confluence of two major rivers and San Francisco Bay made it the ideal choice for the western terminus of the transcontinental railway. By the late nineteenth century, the town had a population of over 8,000, and was thriving economically with the support of US Naval spending. As US power began to reach overseas in the 1910s, the navy grew and so did Vallejo. Vallejo’s Filipino community dates from this period, when the Philippines became an American territory and its citizens were allowed to move to the United States with few restrictions. Early twentieth-century Vallejo was something of a company town, where almost every family had someone employed on Mare Island in one way or another. World War II transformed Vallejo, as the town tripled in population in response to the increased shipbuilding and other military activity at Mare Island. As in other California towns, Vallejo’s diversity increased during the war as people of all races relocated to answer the call to war work. Beginning in the 1940s, thousands of

1 History of Napa and Solano Counties, California: From the Earliest Settlement to the Present Time (Chicago: The S.J. Clarke Publishing Co., 1926), p. 81 – 82; Marguerite Hunt, History of Solano County, California (Chicago: The S. J. Clarke Publishing Co., 1926); Thomas Jefferson Gregory, History of Solano and Napa Counties, California, with Biographical Sketches of the Leading Men and Women of the Counties Who Have Been Identified with Its Growth and Development from the Early Days to the Present Time (Napa County: Historic Record Company), 1912, p. 90; Sharon McGriff-Payne, African Americans in Vallejo (Charleston: Arcadia Publishing, 2012), p. 7 – 8.

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*Recorded by Charlotte Watter *Date: May 7, 2020  Continuation  Update

African Americans moved to Vallejo. Although they fled bigotry in the South, black people found discriminatory practices in Vallejo as well. They were denied access to government housing, the Vallejo school district refused to hire black teachers, and in the 1960s black women were denied retail jobs. Vallejo’s African Americans challenged such practices by filing grievances and organizing boycotts, among other methods. Growth continued after the war as the Bay Area’s network of highways and bridges made Vallejo an attractive home for commuters. Industrial activity declined during the postwar period, and the Mare Island base closed in 1996, and Vallejo has struggled to recover economically in the intervening decades. By 2010, Vallejo was a highly-diverse city of nearly 118,000 where more than 60% of residents were homeowners.2
Craftsman Architecture (1905-1930)
Craftsman-style houses began appearing in the United States about 1905 as a corrective to what some saw as the decorative excess and pretension of Victorian-era domestic architecture. Exposure to wooden Japanese building techniques and the ideals of the English Arts and Crafts movement inspired American architects to cultivate a rustic simplicity toward the end of the nineteenth century. California architects like Charles Sumner Greene, Henry Mather Greene, and Bernard Maybeck began designing houses that were frequently as large and elaborate as Victorian residences, but nevertheless emphasized rusticity and harmony with the natural environment. They integrated building with site, using lower roof pitches as well as natural materials such as wood shingle and stone. Meanwhile, furniture designer Gustave Stickley’s Craftsman magazine promoted a way of life that blended indoors with outdoors, prized homely comforts over fashionable appointments, and was affordable for the average person. Stickley, along with other nationally-distributed magazines and architectural pattern books, popularized the style. Craftsman was the most widely-used style for smaller houses through the mid-1920s before falling from favor about 1930.3
816 Alameda Street
Alameda Street was part of Vallejo’s original plat, but was about a half mile from downtown, and had only a few widely-spaced houses during the nineteenth century (Figure 1).

The Solano County Assessor lists the construction date for 816 Alameda Street as 1915. A Sanborn Fire Insurance Map from 1919 shows a building with the same footprint as present-day 816 Alameda Street (Figure 2). A Sanborn map from 1909 shows a smaller structure on the same lot as well as much less neighborhood development (Figure 3). The Ryall family were the first residents of the house. From 1915 to 1929, 816 Alameda was occupied by Joseph F. Ryall and his wife, Viola. They had married in 1908, and children Irene, Viola, and Francis were born in the years before they moved into the new house. U.S. Census records indicate that the Ryalls owned the residence, and they may have been its developers. Ryall was born October 29, 1885 in Oakland and is listed as a radio rigger employed at the U.S. Navy Yard in Vallejo. The Navy sent him to the Philippines in 1917 and France in 1918-1919. Ryall and his family lived at 816 Alameda until 1929.4 In 1930, Charles R. Bailey and his wife, Jessie, are listed as the residents of 816 Alameda Street. Their daughter, Verna, was 22 by the time the couple moved to Vallejo, and did not live with them. Born in 1875 in Oregon, Bailey was the superintendent of Sperry Flour Mill in Vallejo, a role he assumed at Sperry Vallejo about 1930 when he was in his fifties. At that time, the Sperry Flour Mill was owned and operated by General Mills but, even prior to the 1930s, Sperry was lauded as an innovative and modern industrial site. Bailey had worked in flour his entire career, and had been a warehouse foreman for Sperry in Washington State before moving to Vallejo. After living in the house on Alameda Street moved into the Manager’s Residence at the Sperry plant with his wife Jessie in 19335 By 1933, 816 Alameda Street was occupied by Lieutenant Henry R. Lacey, an officer in the U.S. Navy employed at the Navy Yard in Vallejo. Lieutenant Lacey lived in the house for just two years when he was replaced by Herbert O. Yohnei, an insurance agent. Yohnei was married to Agnes and their daughter Mary was also listed as a resident of 816 Alameda Street. From 1937 to 1939, the house was occupied by Ellis Strief and his wife, Bernice. Strief was also employed by the U.S. Government in the Navy Yard in Vallejo. Between 1939 and 1942, Charles M. Mattison and his wife Cassie lived at 816 Alameda Street. Mattison is listed as a sheet metal worker at the Navy Yard, as well. In 1948, Eleanor Roe is listed as the resident of 816 Alameda Street along with another occupant, Avis M. Harrison, at 816 ½ Alameda Street. Harrison was employed as a methods examiner at the Navy Yard and Roe was not listed as having any employment.

2 James E. Kern and Vallejo Naval and Historical Museum, Vallejo (Charleston: Arcadia Publishing, 2005), p. 3 – 5; Mel Orpila, Filipinos in Vallejo (Charleston: Arcadia Publishing, 2005), p. 9; Lyman L. Palmer, History of Napa and Lake Counties, California (San Francisco: Slocum, Bowen, & Company, 1881), p. 86 – 87; U.S. Census Records, Vallejo, California, 1870 – 1940; Polk City Directories, Vallejo, California, 1871 – 1904. 3 Virginia Savage McAlester, A Field Guide to American Houses, Alfred A. Knopf, New York: 2013, 568-69, 578; Gerald Foster, American Houses: A Field Guide to the Architecture of the Home, Houghton Mifflin Company, New York: 2004, 346-348. 4 US Passport Application, Joseph F. Ryall, 1 December 1919. 5 U.S. Census Records, Parkland, Washington, 1920, Vallejo, 1930; Vallejo City Directory, 1933.

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*Recorded by Charlotte Watter *Date: May 7, 2020  Continuation  Update

Beginning in 1950, Ira. J. Brown and his wife, Mary E. Brown lived at 816 Alameda Street with J.L. Smith listed as the resident of 816 ½.

Smith occupied this until 1956 when John O’Connor becomes the resident. O’Connor lived at 816 ½ until 1980. At some point Ira J. Brown died leaving his widow, Mary, to remain at 816 Alameda until 1980.

Figure 1: Historic map c. 1891 of Alameda Street in Vallejo, California.

Figure 2: Sanborn Fire Insurance Map (1919). 816 Alameda Street, depicted as it is seen today. The neighborhood has been significantly developed by this time.

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*Recorded by Charlotte Watter *Date: May 7, 2020  Continuation  Update

Figure 3: Sanborn Fire Insurance Map (1909). The present-day lot of 816 Alameda is located on an alleyway and is depicted here with a small, square-shaped building and a smaller outbuilding. There are no other neighboring houses.

Evaluation:

The National Register of Historic Places (NRHP) and California Register of Historical Resources (CRHR) require that a significance criterion from A-D or 1-4 (respectively) be met for a resource to be eligible.

Criterion B/2: 816 Alameda Street is not associated with the life of a person important to our history. Research has revealed no association with important historical figures. Most of its residents were ordinary people, most of whom worked at Mare Island. Charles R. Bailey was superintendent of Sperry Flour Mill, which for many years was one of Vallejo’s most important industries. However, he only lived in the house for three years, and the residence is not significantly associated with Bailey’s professional life. Therefore, the house is not recommended eligible to the NRHP or CRHR under Criterion B/2.

Criterion C/3: 816 Alameda Street is eligible for its architecture. It is a good example of a modest Craftsman residence, which during the early twentieth century became the most popular style for small houses. It exhibits character-defining features of the style including wood siding, decorative cottage windows, medium-pitch gabled roof, exposed rafter tails, and heavy decorative purlins. It lacks the size and concentration of decorative details exhibited in architect-designed examples of the style. It qualifies as a potential district contributor although it lacks the distinction required for listing as an individual landmark. For these reasons, the property is eligible as a potential district contributor to the NRHP and CRHR under Criterion C/3. Additionally, the house qualifies for local designation for its architecture under City of Vallejo Criterion A.3. “Architectural examples worth preserving for the values they add when integrated into the total fabric of the city's neighborhoods.”6
Criterion D/4: In rare instances, buildings themselves can serve as sources of important information about historic construction materials or technologies and be significant under Criterion D/4. Wood-frame houses are well-understood building types, and therefore, 816 Alameda Street does not appear to be a principal source of important information in this regard.

6 City of Vallejo Municipal Code, Chapter 16.38 - ARCHITECTURAL HERITAGE AND HISTORIC PRESERVATION.

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*Recorded by Charlotte Watter *Date: May 7, 2020  Continuation  Update

The property retains sufficient significant physical characteristics from its original construction to convey its historic qualities and therefore retains integrity of feeling. Continued use as a residence allows it to convey integrity of association. Therefore, the building conveys its historic significance through all seven aspects of integrity. 816 Alameda Street is recommended eligible for listing on the NRHP and CRHR as a potential district contributor and on the Vallejo Historic Resource Inventory. It qualifies as a historic resource under CEQA.

10/22/2020 https://www.solanocounty.com/subapp/scips/tax/SecTaxDetailPrint.asp?ParcelId=0056152200&OccurId=01&rollyear=202021 https://www.solanocounty.com/subapp/scips/tax/SecTaxDetailPrint.asp?ParcelId=0056152200&OccurId=01&rollyear=202021 1/1 Assessor's Assessment Number
0056-152-200 816 Alameda Street
Vallejo

Tax bill Information
Billed 09/23/2020 Roll Type Secured Tax Roll Year 2020/21 Occurrence 1 Bill Origin Original Sup Event n/a
Assessment Year 2020/21
Inst Amount Due Amount PaidBalance Due Current Status Delinquent Date 1 $2,554.22 $0.00 $2,554.22 Outstanding 12/10/2020
2 $2,554.22 $0.00 $2,554.22 Outstanding 04/12/2021
Total $5,108.44 $0.00 $5,108.44
1st Installment 2nd Installment
Fund Rate Status Amount Status Amount
59 1 PCT Tax Limitation 1.000000%Outstanding$1,829.30Outstanding$1,829.30 318 SC Water Agency St Water Proj 0.020000%Outstanding $36.58Outstanding $36.58 412 Vjo USD GOB 2018 Ser 20190.054613%Outstanding $99.90Outstanding $99.90 424 SCC 2012 GOB Series D 0.004977%Outstanding $9.10Outstanding $9.10 454 SCC 2019 Go Refunding Bonds0.006360%Outstanding $11.63Outstanding $11.63 461 Vjo USD A 2002 GOB Refunding0.051423%Outstanding $94.06Outstanding $94.06 464 SCC GOB Series 2003a 0.006999%Outstanding $12.80Outstanding $12.80 476 SCC 2015 Go Refunding Bonds0.000687%Outstanding $1.25Outstanding $1.25 485 SCC GOB 2012 Series B 0.001548%Outstanding $2.83Outstanding $2.83 487 SCC 2014 GOB Ref Series A0.000615%Outstanding $1.12Outstanding $1.12 488 SCC 2014 GOB Ref Series B0.004625%Outstanding $8.46Outstanding $8.46 497 SCC 2012 GOB Series C 0.005828%Outstanding $10.66Outstanding $10.66 499 Vjo USD 2017 GOB Refunding0.015893%Outstanding $29.07Outstanding $29.07 7811 Annual Sewer And Storm Fee FixedOutstanding$377.46Outstanding$377.46 7810Sf Bay Rest Auth-Measure Aa FixedOutstanding $6.00Outstanding $6.00 7805Greater Vjo Recre Dist Pcl Tax FixedOutstanding $24.00Outstanding $24.00 Tax Charge Information
Payment Type Installment Posted Date Payment Amount
No Payments on file
Payment Information
*Payments not received by the Delinquent Date are subject to a 10% penalty and fees. *Payments not received by June 30 are charged interest at 18% per year in addition to penalties and fees.

CHARLES LOMELI
Treasurer-Tax Collector
County Clerk

MICHAEL COOPER
Assistant Treasurer-Tax Collector
County Clerk

TREASURER-TAX COLLECTOR

COUNTY CLERK

LORI BUTLER-SLAPPY
Tax Collections Manager

DENISE TOLSON
County Clerk Manager

RESOLUTION NO. 22-______ N.C.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO AUTHORIZING

THE EXECUTION OF A HISTORIC PROPERTY PRESERVATION AGREEMENT PURSUANT TO THE MILLS ACT WITH THE PROPERTY OWNER OF 803 CAPITOL

STREET AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15331
WHEREAS, the Council of the City of Vallejo adopted Resolution No. 91-442 regarding Historic Property Preservation Agreements pursuant to the Mills Act; and WHEREAS, On June 16, 2022, Mahak Hassan submitted an application for an Historic Property Preservation Agreement (“Mills Act Contract”) for their property located at 803 Capitol Street (“the property”); and
WHEREAS, on October 20, 2022, the Architectural Heritage and Landmarks Commission (“Commission”) considered the application for a Historic Property Preservation Agreement and, based upon all evidence in the record, determined that the property met the criteria established by the City Council to be used in evaluating the scope and appropriateness of individual contracts; and
WHEREAS, the Architectural Heritage and Landmarks Commission voted unanimously to recommend to the City Council that the City of Vallejo enter into a Historic Property Preservation Agreement with the property owner; and
WHEREAS, on December 13, 2022, the City Council considered this application for an Historic Property Preservation Agreement.

BE IT FURTHER RESOLVED that the City Council finds that the Historic Property Preservation Agreement complies with Resolution No. 91-442 criteria:

1. The subject property is on the City of Vallejo’s Historic Resource Inventory; and

2. A ten-year improvement plan submitted by the property owner will preserve the building and grounds; and

16.38.270; and

4. The improvements will retain the historic nature of the subject property and maintain the highly visible character of the house; and

5. Preservation and restoration activities meet the U.S. Secretary of the Interior Standards (which are the standards implemented by the City of Vallejo); and

6. The property owner paid contract preparation and monitoring fees of $1,962 to the City of Vallejo prior to the execution of the Historic Property Preservation Agreement; and

7. Not more than five of these Historic Property Preservation Agreements have been entered into the calendar year of 2022.

Adopted by the Council of the City of Vallejo at a regular meeting held on December 13, 2022 with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ROBERT H. MCCONNELL, MAYOR
ATTEST:

DAWN G. ABRAHAMSON, CITY CLERK
Exhibits:

A. Draft Historic Property Preservation Agreement

EXHIBIT A
Mills Act Contract
803 Capitol Street

Page 1 of 8 ends

Recorded at the Request of:

The City of Vallejo
When recorded, mail to:

City of Vallejo
City Clerk
P.O. Box 3068
Vallejo, CA 94590
APN: 0056-174-190

HISTORIC PROPERTY PRESERVATION AGREEMENT
THIS AGREEMENT is made and entered into at Vallejo, California, this ____ day of December, 2022, by and between the CITY OF VALLEJO, a municipal corporation, (hereinafter referred to as the “City”), and Mahak Hassan, owner (hereafter referred to as the “Owner”).

W I T N E S S E T H
A. Recitals
i. California Government Code Sections 50280, et seq. authorize cities to enter into contracts with the owners of qualified historical property to provide for the use, maintenance, and restoration of such historical property so as to retain its characteristics as property of historical significance; ii. Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, generally located at the street address 803 Capitol Street, Vallejo, California, (hereinafter such property shall be referred to as the “Historic Property”). A legal description of the Historic Property is attached hereto, marked Exhibit "A.1" and is incorporated herein by this reference. iii. On the 13th day of December, 2022, the City Council of the City of Vallejo adopted its Resolution No. ________ N.C. thereby declaring its intention to enter in this Historic Property Preservation Agreement (hereinafter referred to as the “Agreement”); and iv. City and Owner, for their mutual benefit, now desire to enter into this Agreement to protect, enhance, and preserve the characteristics of historical significance of the Historic Property and to qualify the Historic Property for an assessment of valuation pursuant to the provisions of Article 1.9 (commencing with Section 439) Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code.

B. Agreement
NOW, THEREFORE, City and Owner, in consideration of the mutual covenants and conditions set forth herein, do hereby agree as follows:

EXHIBIT A
Mills Act Contract
803 Capitol Street

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2. Renewal
Each year on the anniversary of the effective date of this Agreement (hereinafter referred to as the "renewal date"), one year shall automatically be added to the initial term of this Agreement unless notice of nonrenewal is mailed as provided herein. If either Owner or City desires in any year not to renew the Agreement, Owner or City shall serve written notice of nonrenewal of the Agreement on the other party in advance of the annual renewal date of the Agreement. Unless such notice is served by Owner to City at least ninety (90) days prior to the annual renewal date, or served by the City to Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein.

3. Standards for Historic 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 historical significance of the Historic Property and, where necessary, restore and rehabilitate the Historic Property according to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, the United States Secretary of the Interior’s Standards for the Treatment of Historic Properties, and the State Historical Building Code. Attached hereto, marked as Exhibit "A.2", and incorporated herein by this referee, is a list of improvements pertaining to the restoration or rehabilitation of the Historic Property. Owner shall complete the improvements listed in Exhibit “A.2” within the first 10 years of this Agreement, provided, however, that the Secretary of the Architectural Heritage and Landmarks Commission (“Secretary”) may authorize minor amendments to Exhibit “A.2” which do not decrease the total value of the work performed during the first 10 years. b. Prior to the commencement of any improvements listed in Exhibit “A.2”, Owner shall contact the Secretary to determine what, if any, City of Vallejo permits or approvals may be required.
c. Owner shall allow reasonable inspections, by prior appointment, of the interior and exterior of the Historic Property by representatives of the City or County Assessor prior to a new Agreement and every five years thereafter, to determine Owner’s compliance with the terms and provisions of this Agreement.

EXHIBIT A
Mills Act Contract
803 Capitol Street

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EXHIBIT A
Mills Act Contract
803 Capitol Street

Page 4 of 8 ends

To City: Planning Manager
City of Vallejo
555 Santa Clara Street
Vallejo, CA 94590
To Owner: Mahak Hassan
803 Capitol Street
Vallejo, CA 94590

EXHIBIT A
Mills Act Contract
803 Capitol Street

Page 5 of 8 ends

10. Recordation

No later than twenty (20) days after the parties execute and enter into this Agreement, City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Solano.

EXHIBIT A
Mills Act Contract
803 Capitol Street

Page 6 of 8 ends

IN WITNESS WHEREOF, City and Owner have executed this Agreement on the day and year first written above.

CITY OF VALLEJO OWNER
_______________________
Michael Malone Mahak Hassan
City Manager

Dawn Abrahamson
City Clerk
(City Seal)

EXHIBIT A
Mills Act Contract
803 Capitol Street

Page 7 of 8 ends

EXHIBIT A.1
Legal Description
APN: 0056-174-190
The land referred to is situated in the County of Solano, City of Vallejo, State of California, and is described as follows:

The North 70 feet of Lot 9, Block 306, as the same is shown on the Official Map of the City of Vallejo, made by E. H. Rowe, C.S., and which Map was filed for record in the Office of the County Recorder of Solano County, California September 19, 1868, in Book 1 of Maps, Page 123.

EXHIBIT A
Mills Act Contract
803 Capitol Street

Page 8 of 8 ends

EXHIBIT A.2
10 Year Scope of Work
803 Capitol Street
Note: Years and amounts are approximate.

Year Description Cost __
2022 Installation of solar panels to make the home energy self-sufficient $25,000 Install drip irrigation of front yard $2,000
Plant a variety of trees, shrubs, flowers, add compost and mulch $6,000 2023 Fix leaks and wall cracks in sub space $4,000
Install drains in the front and back of home $7,000
2024 Repair / Replace wooden pane windows $9,600
Replace broken pavement leading to front patio $4,000
2025 Repair garage driveway $3,000
2026 Repair/ Replace broken patio front entry $3,500
2027 Resurface wood panels within home and replace rotten/broken panels $10,000 2028 Repaint interior and where needed the exterior of home $5,000 2029 Paint and restore iron fencing surrounding home $500 2030 Complete renovation of upstairs bathroom $13,000
2031 Landscaping of back space stones, décor and shade tolerant plants $5,000 Replace rubber roofing for both roofs $7,000
TOTAL ESTIMATED COST: $104,600

CITY OF VALLEJO

ARCHITECTURAL HERITAGE

AND LANDMARKS COMMISSION

DATE OF MEETING: October 20, 2022 Agenda Item No. 13-A

PREPARED BY: Laura Solomon, Assistant Planner
(707) 648-5391, [email protected]

Margaret Kavanaugh-Lynch, Planning Manager
(707) 648-8604, [email protected]

PROJECT NUMBER: Mills Act Contract #22-0002

ADDRESS: 803 Capitol Street (APN 0056-174-190)

SUMMARY: Request by the property owner s to enter into a Historic Property Preservation Agreement (Mills Act contract) with the City of Vallejo pursuant to California Government Code Sections 50280-50290.

ENVIRONMENTAL
DETERMINATION: The project is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15331 of the CEQA Guidelines (Class 31, “Historical Resource
Restoration/Rehabilitation”) as the proposed Mills Act contract requires preservation of an hist orical resource consistent with the Secretary of the Interior’s Standards. Therefore, no further review is required under CEQA.

RECOMMENDATION: Adopt the attached Resolution No. 22-01 recommending that the City Council APPROVE Mills Act Contract #22-0002, subject to the findings contained in the Resolution.

APPLICANT/OWNER: Mahak Hassan
803 Capitol Street, Vallejo, CA 94590

BACKGROUND

The City has received a request for approval of a Mills Act contract for a single-family residential property located at 803 Capitol Street. This section of the report provides an overview of State and City provisions for Mills Act contracts, the responsibilities of the property owners and the City, and the Architectural Heritage and Landmarks Commission’s (AHLC’s) role in the process.

The following section provides staff’s analysis of the property’s compliance with the City’s Mills Act criteria.

Mills Act Overview

AHLC Staff Report – Mills Act Contract for 803 Capitol Street 2022

Page 2 ends

The Mills Act (California Government Code Sections 50280-50290) was adopted by the State Legislature in 1972 as an economic incentive program for the restoration and preservation of qualified historic buildings by private property owners . The Mills Act authorizes local governments to enter into contracts with owners of qualified historic properties who agree to restore, maintain, and protect the property in accordance with the specific historic preservation standards and conditions identified in the contract. In return, the property owners are eligible for property tax relief.

The Mills Act is a voluntary program – neither the City nor the property owner are obligated to enter into a contract even if a property is eligible. The initial contract term is a minimum of 10 years, with automatic yearly extensions thereafter. Subseque nt owners are bound by the contract and have the same rights and obligations as the original owner who entered into the contract. If either the City or the owners provide a notice of non-renewal, the contract remains in effect for the balance of the remain ing term, either from its original execution or from the last renewal of the Agreement, whichever may apply.

Responsibility of Parties

The property owner must agree to restore (if necessary) and maintain the property in a manner appropriate to its historic character and consistent with the Secretary of the Interior’s Standards for Rehabilitation. Per City Council Resolution No. 91-442, Mills Act contracts in Vallejo must include an attached scope of work outlining the repairs and improvements the owners have agreed to complete during the initial 10 -year term. The responsibilities of the initial applicant s for the contract are transferred to all future owners of the property for as long as the contract is in effect.

The City is responsible for monitoring the property to ensure that the agreed to restoration and/or maintenance has been complied with. The City collects a fee of $ 981 to cover its monitoring expenses over th e life of the contract. If the City determines that the property owner ha s not complied with the terms of the contract, the City may bring legal action against the owner or simply cancel the contract. If the contract is cancelled for this reason, a penalty of 12.5% of the market value of the property at the time of cancellation is assessed by the County.

AHLC Scope of Review

Mills Act contracts are subject to approval by the City Council , with a recommendation by the AHLC. Although some items in the attached scope of work may require staff or AHLC approval of a Certificate of Appropriateness (COA), that approval occurs in the future when a COA application is filed, and the AHLC should limit its review of the scope of work to whether it meets the City’s Mills Act criteria.

AHLC Staff Report – Mills Act Contract for 803 Capitol Street 2022

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SITE LOCATION

The subject property is located at the southeast corner of Capitol Street and Napa Street ; see Figure 1 below for location map.

Figure 1 – Location Map

HISTORY AND ARCHITECTURE

The subject property is on the City’s Historic Resources Inventory (HRI). A State Department of Parks and Recreation (DPR) form was c ompleted for the property in 197 9; please see Attachment 4. According to the DPR form, the build date of the residence is not known but it has been estimated to be 1872. The builder of the residence was Thomas B. Elder, a stove and hardware salesman. The house appears on site in the 1886 Sanborn Insurance Maps and was the earliest residence on its street . In the 1890’s, the Christian Science Church met weekly in the front room. For over 50 years the house was owned by the George Arthur Herbert family.

Site photos are provided in Attachment 5.

AHLC Staff Report – Mills Act Contract for 803 Capitol Street 2022

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PROPOSED IMPROVEMENTS

A draft Mills Act contract , including the applicants’ proposed scope of work during the first 10 years, is provided in Attachment 2. The applicants estimate that the proposed work will cost approximately $ 104,600. The exterior of t he home is in very good repair, no major façade changes or additions are proposed. H owever, t he scope does contain some items that will require COAs.

The applicants are planning to install solar panels, drip irrigation, landscaping in the first year.

In year two they will fix leaks and wall cracks in the sub home as well as installing drains in the front and back yard. The property owner is planning in years 3-4 of the contract the repair and replacement of windows, front pavement, and driveway. Years 5-6 include repairing the front patio and refinishing the interior wood floors. During y ears 7-8 the property owners will repaint the interior and where needed on the exterior of the home as well as painting and restoring the iron fencing. Complete renovation of the upstairs bathroom, additional landscaping and replacing the rubber roofing are proposed for years 9-10.

ANALYSIS

City Council Mills Act Criteria

Council Resolution No. 91-442 sets forth the following criteria. Staff’s analysis of each criteria is provided in italics.

1. The property must be on the City’s Historic Resources Inventory (HRI) and an evaluation form (DPR) must have been completed and revi ewed as to the property’s level of significance.

Staff Analysis: The property is on the City’s HRI and the DPR form is provided in Attachment 4. Paula Boghosian completed the DPR form in 1979 . According to the DPR form, the building is historically significant as the first structure east of Napa Street and is evidence of the blunt power of many vernacular interpretations of high art style . J. Lauder completed another DPR form in 1990. According to this DPR form a significant interior f eature is the original curved mahogany stair rail.

2. An application must include the HRI entry, updated to comply with the most current procedures of the State Office of Historic Preservation (OHP), a description of the annual preservation and restoration goals to be undertaken by the owner through the initial ten - year life of the Agreement with the estimated completion time, and projected adjustments of the property taxes as determined by the County Assessor’s office.

Staff Analysis: As noted above, the HRI entry (DPR form) is attached to the report.

The DPR form generally complies with the most current procedures of the OHP.

As the County Assessor no longer provides projected tax adjustments, this requirement has been waived. Please see Attachment 6 for a copy of the property tax bill.

AHLC Staff Report – Mills Act Contract for 803 Capitol Street 2022

Page 5 ends

16.38.150, designation Criteria and 16.38.160, Classification of Designation, and in accordance with the most current Standards of the State OHP.

Staff Analysis : The property is designated as a City Landmark per Section

16.38.150 of the Vallejo Municipal Code (VMC).

• Architectural Merit (Criteria A.2): The project should be highly visible so that it will serve as a catalyst to encourage others to preserve and restore their properties. The s ubject building is an excellent local example of the Vernacular Style with Greco-Italianate architectural features such as its roof cornice and square bay. The entry is Greek Revival style with side lights and transom above.

Staff Analysis: The subject building is in a highly visible location at the southeast corner of Capitol Street and Napa Street . The site’s visibility is enhanced by its location on a major street. The home’s exterior is already in good condition and no major exterior changes are proposed. Exterior work such as front entrance paving, fence restoration, roof repair and landscaping improvements will further enhance the appearance of the home and encourage others in the vicinity to invest in their properties.

4. Preservation and restoration activities required for or performed on properties bound under a Mills Act Contract shall be carried out in conformity with the Design Standards of the City of Vallejo, the Secretary of the Interior’s Standards for the Treatment of Historic Properties and the Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings, and the State Historical Building Code.

Staff Analysis: Staff (and the AHLC, if required) will perform a complete review of any improvements that require a COA to verify they comply with the above requirements. Based on the brief desc ription provided in the attached scope of work, it appears all the proposed improvements would be consistent with the Secretary of the Interior’s Standards.

5. Application for a Mills Act contract shall be accompanied by a filing fee of $245.00. Upon contract adoption by the City Council, a contract maintenance fee of $9 81.00 will be imposed, to be assessed over a three-year period at $300.00 yearly.

Staff Analysis: The required filing fee was paid. The Mills Act contract requires payment of the contract maintenance fee.

6. No more than five Mills Act contracts will be entered into by the City in a calendar year.

AHLC Staff Report – Mills Act Contract for 803 Capitol Street 2022

Page 6 ends

Staff Analysis: Only two other Mills Act contracts appear to qualify for consideration by the Commission during the current calendar year. The other two are on the agenda for this current AHLC meeting.

General Plan and Zoning Conformance

No modifications are proposed to the property’s use, density or building envelope. Therefore, the proposed improvements would be consistent with all applicable General Plan and Zoning requirements.

RECOMMENDATION

Staff recommends that the Commission adopt a resolution recommending that the City Council APPROVE Mills Act Contract #22-0002, subject to the findings contained in the Resolution.

APPEAL

The applicant or any party aggrieved by a determination of the Architectural Heritage and Landmarks Commission may appeal the action to the City Council. Such appeal must be filed in writing with the City Clerk within ten (10) calendar days after the acti on by the Architectural Heritage and Landmarks Commission. Such appeal shall not be timely filed unless it is received in the Office of the City Clerk no later than the close of business on the tenth day. The City Council may affirm, reverse, or modify any decision of the Architectural Heritage and Landmarks Commission that is appealed. The City Council may summarily reject any appeal upon determination that the appellant is not adversely affected by a decision under appeal.

ATTACHMENTS:

1. Resolution No. 22-01

2. Draft Mills Act contract with attached Scope of Work

3. Council Resolution No. 91-442

4. Primary Record Sheet for Contributing Structure Status (DPR Form)

5. Site Photos

6. Copy of Property Tax bill

ARCHITECTURAL HERITAGE AND LANDMARKS COMMISION

RESOLUTION NO. 22-01 AHLC

RECOMMENDING APPROVAL OF A MILLS ACT CONTRACT
FOR THE PROPERTY LOCATED AT 803 CAPITOL STREET
(MA #22-0002)

APN 0056-174-190

* * * * * * * * * * * * * * * * * * * * * * * * *

I. GENERAL FINDINGS

WHEREAS, July 16, 1991 the Council of the City of Vallejo adopted Resolution No. 91-442, indicating its willingness to enter into Historic Property Preservation Agreements through the Mills Act and the Council’s adopted Mills Act Crit eria; and

WHEREAS, on June 16, 2022 , an application was filed by Mahak Hassan seeking to enter into a Historic Property Preservation Agreement ( “Mills Act Contract”) with the City for their property located at 803 Capitol Street; and WHEREAS, on October 20, 2022, the City of Vallejo Architectural Heritage and Landmarks Commission (“Commission”) conducted a public hearing to consider the proposed Mills Act Contract, at which testimony and evidence, both written and oral, were presented to and considered by the Commission; and WHEREAS, based on evidence received at the public hearing and in staff’s report to the Commission, the Commission makes the following factual findings:

II. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS

WHEREAS, the proposed Mills Act Contract is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15331 of the CEQA Guidelines (Class 31, “Historical Resource Restoration/Rehabilitation”) as the proposed Mills Act Contract requires preservation of an historical resource consistent with the Secretary of the Interior’s Standards . Therefore, no further review is required under CEQA.

III. FINDINGS RELEVANT TO THE CITY’S CRITERIA FOR MILLS ACT

CONTRACTS
WHEREAS, the City’s criteria for approval of Mills Act Contracts (City Council Resolution 91-442) have been met, as follows:

ATTACHMENT 1
DocuSign Envelope ID: 133E1BB7-0807-41E7-943B-C92266F0BF76 AHLC Resolution 22-01
Mills Act Contract MA #22-0002
803 Capitol Street
2 1. The property is on the City’s Historic Resources Inventory (HRI) and an evaluation form (DPR) has been completed and reviewed as to the property’s level of significance.

2. The Commission was provided with the HRI entry (DPR form), which generally complies with the most current procedures of the OHP, and the application includes a description of the annual preservation and restoration goals to be undertaken by the owner through the initial ten-year life of the Agreement with the estimated completion time. Projected adjustments of the property taxes are no longer provided by the County Assessor’s office.

3. The Commission has considered the evaluation form from the HRI and has taken into special account the level of significance of the structure and that it was designated as a City of Vallejo Landmark February 28, 1990, as outlined in the City Code, Chapter 16.38.150, designation Criteria and 16.38.160, Classification of Designation, and in accordance with the most current Standards of the State OHP. Based on the information in the property’s DPR form, the property met the following criteria for designation of landmarks per Section 16.38.150 of the Vallejo Municipal Code (VMC):

 Architectural Merit (Criteria A.2): The subject building is an excellent local example of the Vernacular Style with Greco-Italianate architectural features such as its roof cornice and square bay. The entry is Greek Revival style with side lights and transom above.

4. The subject building is in a highly visible location at the southeast corner of Capitol Street and Napa Street. The site’s visibility is enhanced by its location on a major street. The home’s exterior is already in good condition and no major exterior changes are proposed. Exterior work such as front entrance paving, fence restoration, roof repair and landscaping improvements will further enhance the appearance of the home and encourage others in the vicinity to invest in their properties.

5. Preservation and restoration activities required for or performed on properties bound under a Mills Act Contract shall be carried out in conformity with the Design Standards of the City of Vallejo, the Secretary of the Interior’s Standards for the Treatment of Historic Properties and the Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings, and the State Historical Building Code.

6. The required filing fee was paid. Payment of the contract maintenance fee is required by the Mills Act contract.

7. Two other Mills Act contracts are under review for approval during the current calendar year, therefore the limit of five Mills Act contracts per calendar year has not been exceeded.

DocuSign Envelope ID: 133E1BB7-0807-41E7-943B-C92266F0BF76 AHLC Resolution 22-01
Mills Act Contract MA #22-0002
803 Capitol Street
3 NOW, THEREFORE, BE IT RESOLVED that the Commission hereby recommends that the City Council APPROVE Mills Act Contract MA #22-0002 based on the findings contained herein.

IV. VOTE

PASSED AND ADOPTED at a regular meeting of the Architectural Heritage and Landmarks Commission of the City of Vallejo, State of California, on the 20th day of October 2022, by the following vote to-wit:

AYES:

NOES:

ABSENT:
_______________________________
Angela McDonald, Chairperson
City of Vallejo Architectural Heritage and Landmarks Commission

Attest:
_______________________________
Brian Harkins, Vice-Chairperson
City of Vallejo Architectural Heritage and Landmarks Commission

DocuSign Envelope ID: 133E1BB7-0807-41E7-943B-C92266F0BF76

RESOLUTION NO. 22-______ N.C.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO AUTHORIZING THE

EXECUTION OF A HISTORIC PROPERTY PRESERVATION AGREEMENT PURSUANT TO THE MILLS ACT WITH THE PROPERTY OWNER OF 705 GEORGIA STREET AND FINDING

THE ACTION EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15331
WHEREAS, the Council of the City of Vallejo adopted Resolution No. 91-442 regarding Historic Property Preservation Agreements pursuant to the Mills Act; and WHEREAS, On June 21, 2022, Dana Palmie submitted an application for an Historic Property Preservation Agreement (“Mills Act Contract”) for their property located at 705 Georgia Street (“the property”); and
WHEREAS, on October 20, 2022, the Architectural Heritage and Landmarks Commission (“Commission”) considered the application for a Historic Property Preservation Agreement and, based upon all evidence in the record, determined that the property met the criteria established by the City Council to be used in evaluating the scope and appropriateness of individual contracts; and
WHEREAS, the Commission voted 4-1 to recommend to the City Council that the City of Vallejo enter into a Historic Property Preservation Agreement with the property owner; and WHEREAS, on December 13, 2022, the City Council considered this application for an Historic Property Preservation Agreement.