This chapter is intended to implement the Mills Act (Cal. Gov’t Code §§ 50280, et seq.) for the purpose of authorizing the city to enter into agreements with private owners of historical property for rehabilitation, restoration, preservation, and maintenance of qualified historical property. To provide incentive for such property owners, this Chapter will allow certain tax reductions pursuant to Cal. Rev. and Tax. Code §§ 439, et seq.

(Ord. 1219, passed 11-16-09)

   Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this article. Words and phrases not defined by this chapter will have the meanings stated elsewhere in this code, or under the Act, if defined there.

      (1)   Individually listed in the National Register of Historic Places or the California Register of Historic Resources;

      (2)   Designated as a city landmark pursuant to Ordinance No. 816 (adopted November 21, 1984) or as set forth by this code; and

      (3)   A commercial use.

(Ord. 1219, passed 11-16-09)

   An owner, or designee, may apply to the Director for an agreement on a form provided by the Director. The application must contain at least the following:

   (A)   The address and location of the qualified historical property;

   (B)   Documentary evidence that the property is a qualified historical property;

   (C)   A legal description of the property;

   (D)   A title report or other evidence verifying the owner's property interest in the qualified historical property;

   (E)   The nature and estimated cost of proposed work;

   (F)   A maintenance plan for the qualified historical property;

   (G)   Such additional information the Director reasonably requires to thoroughly evaluate an application for an agreement.

(Ord. 1219, passed 11-16-09)

   (A)   Within 30 days after receiving a complete application, the Director must determine whether or not an application should be considered for an agreement. The Director's failure to render a decision within 30 days is deemed a denial.

   (B)   If the Director determines an application should be considered for an agreement, the Director will forward a recommendation to the Commission for Public Hearing and Consideration.

   (C)   Not later than 30 days after the Director forwards an application, the Commission should hold a public hearing to review the application for the agreement and consider whether to recommend to the City Council whether an agreement is desirable. Failure to conduct a public hearing, or make a recommendation, within this time period will have no effect on the application or the City's decision regarding the application.

   (D)   Any Commission recommendation to the City Council will be set forth in a written resolution that makes findings supporting the Commission's recommendations. Such findings should include, if applicable, how the work proposed by the application will benefit the city.

(Ord. 1219, passed 11-16-09)

   (A)   Within 30 days after the Commission makes a recommendation, the City Council should conduct a public hearing to consider the recommendation and other evidence. Failure to conduct a public hearing, or make a recommendation, within this time period will have no effect on the application or the city's decision regarding the application.

   (B)   Following the public hearing, the city Council may take any appropriate action regarding an application for an agreement including, without limitation, authorizing the city manager, or designee, to enter into an agreement with an owner; denying the application; or remanding the application back to the Commission for additional information.

(Ord. 1219, passed 11-16-09)

   If the City Council authorizes an agreement, the City Clerk must cause such a contract to be recorded with the Ventura County Recorder's office within 20 days after the agreement is fully executed.

(Ord. 1219, passed 11-16-09)

   Notices for the public hearings set forth in this chapter will be accomplished in accordance with Title 16 of this Code and Cal. Gov’t Code § 6061.

(Ord. 1219, passed 11-16-09)

(Ord. 1219, passed 11-16-09)

   (A)   Agreements must include a provision allowing the City Council to terminate the agreement if, after a public hearing, it finds any one of the following:

      (1)   The owner breached the agreement;

      (2)   The property subject to the agreement no longer meets the definition of a qualified historical property set forth in this chapter; or

      (3)   The owner failed to pay reasonable inspection fees or otherwise failed to cooperate in allowing periodic inspections of the property as required by this chapter or the agreement.

   (B)   Should an agreement be terminated in accordance with this chapter, the owner must pay a cancellation fee of 12.5% of the full value of the property at the time of cancellation as determined by the Ventura County Assessor, or such other percentage or amount provided by applicable law, without regard to the agreement.

   (C)   Should a qualified historical property be acquired through eminent domain or in lieu of eminent domain, and the City Council determines that such acquisition frustrates the purpose of the agreement; the agreement will be terminated without a cancellation fee.

   (D)   The City Council's authority to terminate any agreement pursuant to this chapter is not exclusive and is cumulative with all other remedies available in law or equity.

(Ord. 1219, passed 11-16-09)

   (A)   Agreements must contain a clause that automatically renews the term of the agreement, upon the anniversary date of its initial term, for an additional term of one year.

   (B)   Should an agreement contain an automatic renewal clause, then the agreement may be cancelled as follows:

      (1)   By the city upon written cancellation notice at least 60 days before the renewal date;

      (2)   By the owner upon written cancellation notice at least 90 days before the renewal date.

   (C)   Should a nonrenewal notice be served by either the city or the owner, the agreement will remain in effect until its anniversary date.

   (D)   An owner may, upon receipt of a nonrenewal notice from the city, make a written protest to the City Council of the nonrenewal. Such written protest must state with specificity the reasons for such protest. The City Council may, at any time before the effective date of the nonrenewal, rescind the nonrenewal notice.

(Ord. 1219, passed 11-16-09)

   (A)   Fees to compensate the city for processing and administering applications for agreements may be adopted by City Council resolution. Such fees may not amount to more than 100% of the amount needed to reimburse the city for processing costs of the agreement including, without limitation, reasonable attorney's fees and administrative costs.

   (B)   The city may impose separate inspection fees, after approving an agreement, to reimburse the city for actual inspection costs associated with enforcing the agreement and this chapter.

(Ord. 1219, passed 11-16-09)

   Utilizing this chapter is only one method of preserving historically significant properties within the city's jurisdiction. Nothing in this chapter is intended to preclude, nor does it, the city or an owners to take other action for preserving historically significant properties.

(Ord. 1219, passed 11-16-09)