Four Mills Act Contracts 09-13-16
Four Mills Act Contracts 09-13-16
Four Mills Act Contracts 09-13-16
CITY COUNCIL
Staff Report
SR 2016-1183
September 13, 2016
Orders
TO:
SUBMITTED BY:
APPROVED BY:
SUBJECT:
Consideration of four Mills Act Contracts for four existing historic residences located in
the Single-Family Residential (R-1) Zoning District
RECOMMENDATION
solution to purchase a new forestry truck.
Adopt the Mills Act Contracts for MA 16-269/HOLTKAMP; MA 16-246/RHEAUME; MA 16-264/SLINGERLEND
SPEERS; and MA 16-203/LONERGAN
BACKGROUND / SUMMARY
The Mills Act was enacted by the State of California in 1972 as a way of encouraging partnerships between
local governments and property owners of historic resources. Carmel is a voluntary participant in the Mills Act
program. The Mills Act contract is for a period of 10 years and includes renewal provisions. The property
owner agrees to specific rehabilitation/restoration efforts that occur over the life of the contract. In turn, the
property owner receives a reduced property tax assessment. The assessment is performed by the Monterey
County Assessors Office. The City benefits by having historic resources rehabilitated and maintained, while
the property owner benefits by having a reduced tax burden, which in turn reduces property tax subventions to
the City.
The Citys Historic Preservation Ordinance (CMC 17.32.100) offers Mills Act contracts as a potential benefit to
property owners of historic resources that are listed on the Citys Historic Register. The Historic Resources
Board (HRB) is advisory to the City Council on Mills Act contracts. Staff notes that four Mills Act applications
were received by the City since the beginning of 2016, all of which are being considered at this meeting.
Municipal Code Section 17.32.100.B.6 establishes specific findings that must be made by the City in order for
the property to qualify for a Mills Act contract. The HRB determined that each of the applications was
consistent with the following required findings:
Finding #1: The building is designated as an historic resource by the City.
Finding #2: The proposed rehabilitation and maintenance plan is appropriate in scope and sufficient in
detail to guide rehabilitation and long-term maintenance. Required maintenance and rehabilitation
should be more significant than just routine maintenance that would be expected for any property.
186
Finding #3: Alterations to the historic resource have been in the past, and will continue to be in the
future, limited to interior work and to exterior rehabilitation and alterations that:
(A)
(B)
(C)
(D)
(E)
Finding #4: The Mills Act contract will aid in offsetting the costs of rehabilitating and/or maintaining the
historic resource and/or will offset potential losses of income that might otherwise be achieved on the
property.
Finding #5: Approval of the Mills Act contract will represent an equitable balance of public and private
interests and will not result in substantial adverse financial impact on the City.
At the July 18, 2016 HRB meeting, all four Mills Act contract applications were reviewed by the HRB. Staff
notes that the Citys current policy only allows up to three contracts per calendar year and as a separate item
on this agenda the Council will consider whether to revise the policy to allow additional contracts.
Nevertheless, the HRB recommended that the Council approve all four contracts, and based on necessity that
Mills Act application (MA 16-203) for the Lonergan residence be postponed until 2017, should the Council
choose not to revise the current policy to allow more than three contracts.
For each of the following applications, there are attachments herein to include the DPR 523 Form, Site
Photographs, the Maintenance and Rehabilitation Program, and the Mills Act Contract.
SLINGERLEND SPEERS Mills Act Contract (MA 16-264): The Gertrude S. Eells House, also known as
the Las Abuelas (the grandparents) property is located at the Northwest Corner of Santa Lucia Avenue and
San Carlos Street. The residence sits on an irregular shaped parcel approximately 11,000 square-foot in size.
The residence is approximately 3,352 square feet and is of the Spanish Eclectic style; it is wood framed and
two-stories. The home was designed and built by M.J. Murphy in 1928. Mr. Murphy was the first major builder
in Carmel who produced over 350 residential and commercial designs between 1902 and 1940. He is listed in
the Historic Context Statement as one of the notable Designers and Builders of Carmel. The property also has
a two hundred plus year old Wolf Pine that is believed to be the oldest of its species yet found in the United
States.
The Maintenance Program includes significant work such as structural beam replacement, drainage
adjustments, foundation repair, window and door restoration, repair plaster, restoration/repair second level
deck, etc. The HRB unanimously recommended that the City Council approve a Mills Act contract for this
residence in 2016.
HOLTKAMP Mills Act Contract (MA 16-269): The subject property is located at the southwest corner of San
Carlos Street and Twelfth Avenue and is developed with a 1,371-square foot, one-and-one-half-story, woodframed Tudor Revival style residence, irregular in plan, resting on a concrete foundation with full basement.
Per the DPR Form 523 prepared in 2002, the residence is known as the Ross E. Bonham House. It was
designed by George Mark Whitcomb and built in 1926. Mr. Whitcomb was a resident of Carmel commencing
in 1919 and responsible for building numerous small cottage around Mtn. View Street and 8th Avenue that
exhibit his familiarity with the Storybook sub-style of the Tudor Revival.
The Maintenance Program includes a mix of significant and routine maintenance, which is typical of many Mills
Act projects as indicated in the attached work program. The significant work includes altering existing drainage
to direct water away from the house, upgrading the electrical and plumbing systems, repairing the chimney,
replacing the existing composition roof with wood shake, seismic retrofitting the foundation, and repairing
interior/exterior plaster. The HRB unanimously recommended that the City Council approve a Mills Act
contract for this residence in 2016.
187
RHEAUME Mills Act Contract (MA 16-246): The Francis Whitaker Cottage property is located on Vista
Avenue, 2 NW of Mission Avenue. The residence is a one-story, wood-framed Craftsman cottage with the
exterior walls clad with smooth cement stucco and a low-pitched intersecting gable roof. The cottage sits well
back on the 4,000 square foot lot with a rustic grape-stake fence and an informal landscape setting of mature
oaks, flowers and low shrubbery. It was constructed in 1928.
The Maintenance Program includes mostly routine maintenance to include painting, roof inspection and
maintenance, refinishing deck, maintain gutters, and termite treatment. Significant work includes repair to front
porch and chimney. The HRB unanimously recommended that the City Council approve a Mills Act contract for
this residence in 2016.
LONERGAN Mills Act Contract (MA 16-203): The subject property is located at the northeast corner of
Dolores Street and Twelfth Avenue and is developed with a 1,042-square foot vernacular-style residence that
was built in 1929/1930 by one of Carmels Designer/Builders, Mr. Frederick Bigland (1889 1971). Mr.
Bigland is listed in the Historic Context Statement as one of the notable Designers and Builders of Carmel.
The residence was constructed for Mr. Lloyd Miller (thus reference to the Lloyd C. Miller Cottage in DPR
Form 523), an early Carmel gas station owner/operator. There is also an approximately 352 square foot
detached garage that was also built in 1930 by Mr. Bigland.
The Maintenance Program includes The significant work includes restoring steel casement window, repair and
paint damaged rafter tails, correcting east elevation drainage issues, replace sill plates and sub-floor wall
framing damaged from uncontrolled drainage from the east side of the property, and restoration of garage
doors. The HRB unanimously recommended that the City Council approve a Mills Act contract for this
residence in 2017 if the Council does not change the policy to allow for more than 3 contracts annually.
FISCAL IMPACT
The City will have a diminished tax base from each of the subject properties for the term of the contract. (+
PRIOR CITY COUNCIL ACTION
None.
ATTACHMENTS
SLINGERLEND SPEERS Mills Act Contract (MA 16-264)
1.A - DPR 523 Form
1.B - Photos
1.C - Maintenance and Rehab Plan
1.D - Contract
HOLTKAMP Mills Act Contract (MA 16-269)
2.A - DPR 523 Form
2.B - Photos
2.C - Maintenance and Rehab Plan
2.D - Contract
RHEAUME Mills Act Contract (MA 16-246)
3.A - DPR 523 Form
3.B - Photos
3.C - Maintenance and Rehab Plan
3.D - Contract
188
189
of.cainornia
: State
=-~ rtie.Fie$.ouices-Aii&ili;:f : ----
QEPA'RTMEN?. Of' PA'RKSAND RECREATION
P~lm~ry
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Page
P1.
P2.
1 of
Other Identifier:
Location:
Not for Publication iSJ Unrestricted
a. County Monterey
and (P2b and P2c or P2d. Attach a location Map as necessary.)
b. USGS 7 .s Quad
Date
T
; R
1/4 of
B.M ,
1/4 of Sec
Parcel
No.
010-165-DtS
A two-story, wood framed Spanish Eclectic style residence, ell shaped in plan1 resting on a concrete foundation. The exterior wall
ciadding is a textured cement stucco. The principal roof is flat, covered in tar and gravel. On the north side elevation. facing the
inside of the ell, is a slightly lower shed roof, covered in MissiOn tile, capping a Monterey style cantilevered balcony, wlsquare wOOd
posts and a simple balustered rail. This roof form extends over a closed tower at the inside comer of the ell, enclosing an interior
staircase. An open exterior staircase, clad in stucco, runs along the east side of the short leg ot the ell. forming a dramatic arch. It
covers a round-arched entry wlglazed wood doors into the west wing of the building. There are two visible chimneys, both interior
type. The one on the south eievation is centered on the building envelope and appeaf5 as a three-arched. tile~roofed decorative
cap. The second is found west of the inside comer of the ell and is seen as an arched stucco cap. The south elevation is
charactelzed by a partial-width raised, open terrace wtlow balustered rail. It is centered on the building envelope, and reached by
French windows. To its west. a one-story, shed rooted bay, capped w!Mission tile projects from tl'le building envelope, and to the
east a second-floor bedroom addition from the early 1930s, covers a port cochre, wlmassive Garmel stone piers. There is a small,
open second-floor balcony, toward the middle of the elevation, wla simple rMJOd rail and balusters.
,b. Resource .Attributes: (List attributes and codes)
HP30- Trees/Vegetation
Janme
P.O.Box634
Cannel. CA 93921
P8. Recorded
by;(f\are,~lniatiess)
KentL Seavey
Pre5etVIitionConsullant
3tOLighlhouseAve.
PacllicGrove, CA 93950
Report Citation: (Cite survey report and other sources. or enter "none")
nmalby-the-Sea Survey 1989-1996
Attachments f-'1 NONE
F'C ContinuationSheet
r District Record
f"i Rock Art Record
~:::; Other: {Ust)
(~~j L.ocattoo Map f.} Building, Structure, and Object Record (5 Linear Feature Record Ei Artffact Record
C~! SketCh Map
D Archaeologlcaf Record
i ~j Milling Station Record . n Photograph Record
190
BUILDING,
ST.RUCTURE,
AND -------OBJECT RECORD
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Page J.. of 3
Primary # _
HRJ I
- I
~-~-------
85.
86.
residence
84. Present Use: residence
Architectural Style:
Spanish Eclectic
Construction History: (Construction date, alterations, and date of alterations}
.
Constructed 1923 ?; new construction or expansion 1928 (Garmel Survey 1989-1996); second floorbedroomaddedtoeast
1931-33 (Cbp#2382. 2587); bay window added at SW cr. 1938 (Cbp#406) foundation work nld (GJp#1979); interior remode/1958
(Cbo#3191J
87.
88.
designer/M.J. Murphy
b. Builder: M.J. Murphy (1928}
810. Significance: Theme: Architectural Development
Area: Carmelby~the-Sea
Period of Significance: 1903-1940
Property Type: single family residence
Applicable Criteria: CR3
89a. Architect
(Discuss importance in 1erms ot historical or architectural context as defined by theme, period and geographic scope. Also address integrity.)
Las Abuelas is signfficant under California Register criteria 3, in the area of architecture as one of the most interesting examples
of the Spanish Eclectic style in Carmel. It is also significant tor the presence of the specimen Wo" Pine. Las Abuelas (the
grandparents). south facing elevation has the character of a 1/at-rooted Mediterranean villa, while the courtyard along the north
elevation is in the Monterey colonial style. As originally constructed in the early 1920s, there was another tun lot on the parcel to
the north. This afford~d the oppottunity to take advantage of a site that allowed spectacular views south toward Pf. Lobos and
Carmel Valley. and at the same time enjoyed a second exterior space, protected from the elements. The mass of the south
elevation reflects light and heat onto the terrace and into the open garden. French windows along the first floor of the north
eleva_tion, and the cantilevered balcony with its dramatic arched exterior staircase, allows indoor/outdoor living on two levels in
almost any weather. Minor changes over time have not significantly altered the original intent of the design.
The property containing Las Abuelas was originally owned by Prof. George Boke, Dean of the Law School at U. C. Berkeley .
Purchased in 1907, it consisted of 8 lots of record. Prot. Boke, who was active in the Forest Theater, sold 3 lots to Charles &
Gertrude Eells. who, according to city records, may have incorporated an existing building into their new home. designed by M.J.
Murphy in 1928. Murphy was the first major builder in Carmel, and produced more than 350 residential and commercial designs
between 1902 and 1940. He more than anyone else established the early residential design character of the village. According to
the current owner there is documentation available that establishes the ttw hundred year old Woff Pine on site as the oldest of its
species yet found in the United States. Las Abuelas clearly reflect the findings of. and is consistant with the 1997 Carmel
Historic Context Statement under the theme of architectural development, and as a site with a significant natural feature.
813. Remarks:
HP30 - Trees/vegetation
~-------~---
/!
l
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Zoning R-1
CHGS(AD)
814. Evaluator:
Kent Seavey
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Resource Name or II: (Ass;gned by recorder} Las Abuelas
Aecorded by:Kent L Seavey
Date 5!1312002
Continuation
Update
P3. Fenestration is !fmgular wla combination of rectangular and round- ate/Jed fixed and casement type multi~paned wood 'k'indows.
There are a number ot wooden French doors along all sides of the ground floor as well. The residence sits well back from the NW corner
of Santa Lucia and San C..artos, behind a thieF. screen ot trk1ture trees and shrubbery wta large lawn and low plantings. The entry
courtyard on the north side has perimeter planting beds w1s11r, bbery and tiowers. There is a recent ttvod framed carport. stucco-clad
w/a Mi$sion tile root at the nottn end of the west wing. projecting east into the driveway. On its south side is a t~ hundred year old!M?Jf
Pine, that has been recorded as the oldest living_exampie of its type in tile United States. The San Gartos side ot the property is
skreened by mature vegitation, but also has a stucco fence.
~dRdo:~.~a::ces;in#}
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Scheduled Work:
Structural Beam Replacment
2017
2018
2019
2020
$5,242
$5,243
2021
2022
2023
2024
2025
2026
$20,000
$4,660
$20,970
$4,660
$8,155
Copper Flashing/Waterproofing
$5,359
$5,359
$5,359
$5,359
$5,359
$17,825
$17,825
$17,825
$17,825
$17,825
$4,660
J
I
$7,573
$6,990
Foundation/Footing Repair
$16,310
Masonry Block
$1,048
$6,990
$6,990
$6,990
$6,990
$1,048
$1,048
$1,048
$1,048
$18,931
$18,931
$3,883
$3,883
$3,883
$3,883
$3,883
$3,883
$18,931
$1,864
Roof Maintenance/Repair
$2,500
$300
$300
$300
$300
$300
$300
$300
$300
$300
$4,800
$4,800
$4,800
$4,800
$4,800
$4,800
$4,800
$4,800
$4,800
$4,800
Subtotals
$26,383
$83,869
$53,462
$40,648
$54,336
$54,336
$19,231
$300
$7,873
$19,231
Total
199
$359,669
Desmond Nault
Nault Construction
831.236.1480
11
$18,931
CITY CLERK
CITY OF CARMEL-BY-THE-SEA
ADDRESS:
CITY HALL
PO DRAWER G
CARMEL, CA 93921
CITY OF CARMEL-BY-THE-SEA
MILLS ACT AGREEMENT
HISTORIC PROPERTY PRESERVATION CONTRACT
THIS AGREEMENT is made and entered into this __ day of December, 2016 by and between the
CITY OF CARMEL-BY-THE-SEA a municipal corporation (hereinafter referred to as City), and Brad
Slingerlend and Anna Speers (hereinafter referred to as Owner).
RECITALS
(i)
California Government Code Section 50280, et seq. (known as the Mills Act) authorizes
cities to enter into contracts with the owners of qualified historic properties to provide for
their appropriate use, maintenance and restoration such that these historic properties
retain their historic characteristics;
(ii)
The Owner possesses fee title in and to that certain real property, together with associated
structures and improvements thereon, located at the northeast corner of Dolores Street
and 12th Avenue (APN: 010-165-015), Carmel, California, (hereinafter referred to as the
Historic Property). A legal description of the Historic Property is attached hereto,
marked as Exhibit A and is incorporated herein by this reference;
(iii)
(iv)
City and Owner, for their mutual benefit, now desire to enter into this Agreement both to
protect 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) of Chapter 3 of Part 2 of
Division 1 of the California Revenue and Taxation Code.
NOW, THEREFORE, City and Owner, in consideration of the mutual covenants and conditions
contained herein, do hereby agree as follows:
1.
EFFECTIVE DATE AND TERM. This Agreement shall be effective and commence on
1 January 2017, unless otherwise indicated by Monterey County, and shall remain in
effect for a term of ten (10) years thereafter.
2.
AUTOMATIC RENEWAL. Each year, upon the anniversary of the effective date of this
Agreement (hereinafter referred to as annual renewal date), one (1) year shall be added
automatically to the term of this Agreement, unless timely notice of nonrenewal is given
200
as provided in paragraph 3 of this Agreement. The total length of the contract shall not
exceed twenty (20) years.
3.
NOTICE OF NONRENEWAL. If City or Owner desires in any year not to renew this
Agreement, that party shall serve written notice of nonrenewal in advance of the annual
renewal date of this Agreement as follows: Owner must serve written notice of
nonrenewal at least ninety (90) days prior to the annual renewal date; City must serve
written notice of the nonrenewal at least sixty (60) days prior to the annual renewal date.
Upon receipt by Owner of a notice of nonrenewal from the City, Owner may make a
written protest. At any time prior to the annual renewal date, City may withdraw its
notice of nonrenewal.
4.
5.
6.
7.
8.
9.
PROVISION OF INFORMATION. Owner shall furnish the City with any and all
information requested by City, which City deems necessary or advisable to determine
compliance with the terms and provisions of this Agreement.
10.
ANNUAL REPORT. Owner shall submit an annual report at least 90 days prior to each
annual renewal date to the Department of Planning and Building specifying all work that
has been done to maintain and preserve the historic resource over the preceding year in
compliance with the approved maintenance plan.
201
11.
CANCELLATION. The City has the right to cancel the contract if the historic resource
is damaged or destroyed by unauthorized additions, alterations or remodeling. The City
also has the right to cancel this contract if the owners(s) have repeatedly failed to comply
with the provisions of paragraphs # 6, 7, 8 or 10 of this Agreement after the City has
provided reasonable notice of any failure to comply with the agreement. Cancellation of
a contract by the City consistent with the provisions of this paragraph requires a public
hearing and, if cancelled, results in the immediate termination of the contract and a
penalty equal to 12.5 percent of the assessed market value of the property. Citys right to
cancel this Agreement pursuant to this paragraph shall in no way limit or restrict its rights
or legal remedies arising from Citys Historic Preservation Ordinance and Municipal
Code.
12.
13.
WAIVER. City does not waive any claim or default by Owner if City does not enforce or
cancel this Agreement. All remedies at law or in equity, which are not otherwise
provided for this Agreement or in Citys regulations governing historic properties are
available to City to pursue in the event there is a breach of this Agreement. No waiver by
City of any breach or default under this Agreement shall be deemed to be a waiver of any
other subsequent breach thereof or default hereunder.
14.
15.
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, by personal delivery
or United States mail, postage prepaid, addressed as follows:
City:
Carmel-by-the-Sea
Community Development Department
PO Drawer G
Carmel, CA 93921
202
Owner:
16.
Recordation. No later than twenty (20) days after the parties execute and enter into this
Agreement, the City shall cause this Agreement to be recorded in the Office of the
County Recorder of the County of Monterey.
17.
The Owner or agent of Owner shall provide written notice of this Agreement to the State
Office of Historic Preservation within six (6) months of the date of this Agreement.
18.
19.
Amendments. This agreement may be amended in whole or in part, only by a writtenrecorded instrument executed by the parties hereto.
20.
21.
INDEMNIFICATION. Owner shall defend, indemnify, and hold harmless City and its
elected officials, officers, agents and employees from any actual or alleged claims,
demands, causes of action, liability, loss, damage, or injury to property or persons,
including wrongful death, whether imposed by a court of law or by administrative action
of any federal, state or local government agency, arising out of or incident to the direct or
indirect use, operation, or maintenance of the Historic Property by Owner or any
contractor, subcontractor, employee, agent, lessee, licensee, invitee, or any other person;
(ii) Owners activities in connection with the Historic Property; and (iii) any restriction
on the use of development of the Historic Property, from application or enforcement of
the Citys Municipal Code, or from the enforcement of this Agreement. This
indemnification includes, without limitation, the payment of all penalties, fines,
judgments, awards, decrees, attorneys fees, and related costs or expenses, and the
reimbursement of the City, its elected officials, employees, and/or agents for all legal
expenses and costs incurred by each of them. Owners obligation to indemnify shall
survive the termination, cancellation, or expiration of this Agreement and shall not be
restricted to insurance proceeds, if any, received by City, its elected officials, employees,
or agents.
22.
SEVERABILITY. In the event that any of the provisions of this Agreement are held to
be unenforceable or invalid by any court of competent jurisdiction, or by subsequent
preemptive legislation, the validity and enforceability of the remaining provisions, or
portions thereof, shall not be affected thereby.
203
IN WITNESS THEREOF, the City and Owners have executed this Agreement on the day and year
written above.
CITY OF CARMEL-BY-THE-SEA:
By:
_______________________
Date:
__________________
City Administrator
PROPERTY OWNERs:
By:
__________________________
Date: ___________________
By:
__________________________
Date: ___________________
204
Primary # --
HAl #
- - - - --
PRIMARY RECORD
Tr i nomial ----.---~~--
5S1
1 of
Other Identifier:
Location:
[l Not for Publication f8J Unrestr icted
a. County Monterey
and (P2b and P2c or P2d . Attac h a Locati on Map as necessary.)
1/4 of
b. USGS 7.5' Quad
Date
T
R
B. M.
1/4 of Sec
Zip 9392 1
c. Address :
d. UTM: (Give more than one for large andllinear resources)
mEl
mN
e. Other Locational Data (Enter Parcel#, legal description, directions to resource, elevation , etc. , as appropriate)
/
f8J Building D
Structure
Object
Site
District
Element of District
~dArto:(Vew,date, ocre;sbn#)
P5b.
.... .. -
----- .
P9 . Date Recorded:
101512002
P11 . Report Citation: (Cite survey report and other sources, or enter "none")
205
Page
2 of 3
86.
87.
88.
5S1
residence
0 Yes
Related Features:
Moved? ~ No
Unknown
Date :
Original Location:
The Ross E. Bonham Hse. is significant under California Register Criteria 2, for the contributions Ross Bonham made to the
community as citizen and mayor. It is also significant under criteria 3, in the area of architecture as a basically unalterd example
of Tudor Revival design by noted Carmel contractor George Mark Whitcomb.
Ross E. Bonham was president of Bonham's hardware on Ocean Ave., and one of the founding members of the Carmel Masonic
Lodge in 1924. He was elected mayor in 1928, serving until 1932. During his tenure in office the City voted to sell the old
bathhouse on Carmel Beach. Perhaps the most important legislation of his term in office was the passage of Zoning Ordinance
No. 96, which reduced the existing zoning in Carmel from four catagories to two, residential and commercial. Other actions of his
city council saw homes limited to one kitchen per single family dwelling, the city's right to limit the number of "paying guests" in
guest houses or rental homes, and defining building height and lot coverage, issues still vexing Carmel city government today.
Bonham's Tudor residence by George Mark Whitcomb is an excellent example of the popular period style. It has the
steep-pitched side gable roof, dominated by one prominent gable w/flared eave lines. Decorative half-timbering present. Tall,
narrow windows are found individually or in multiple groupings, and the large, stucco-clad chimneys are capped wldecorative
brick trim. Of interest is the existance of a full concrete basement wlgarage, an unusual feature in Carmel for the time. Bonham
insisted on it, although contactor Whitcomb tried to disuade him because of the ackward slope on which the below grade garage
was to be sited. While the owner had his way, the record suggests that no car was ever parked in the almost inaccessible bay.
Except for a minor remodel to the rear of the building, in 1973, the Bonham Hse. appears much as it did at its time of construction
in 1926, and would be easily recognized today by anyone who knew it then.
813. Remarks:
II> .
01>
:2:
CARlOS
Zoning R-1
CHCS (ADIGCSI)
206
coN TINUAT<ION
's:H.EE1Y
.P:rtrliary . # ~-c:::----,-~~~-----
. ,HRJ';.c:./r
i'rlo,drfll~t
~~----~----- -----------~~~~~.~~~----------~~--~~-~~~--=-------~~--~~------~
Page 3 of 3
Resource Name or #: (Assigned by recorder) Ross E. Bonham Hse.
Recorded by: Kent L Seavey
Date 101512002
k8J Continuation 0
Update
P3. The house sits on a corner Jot, surrounded by a variety of mature trees, including several redwoods along San Carlos, wlpines, oaks
and an Italian cypress on the 12th Ave. side. There is a low stucco wall around the perimeter wlpointed bollards, and the informal
landscaping includes low shrubbery and flower beds around a grassed lawn.
B10. Whitcomb was a native of Minnesota, who had come to Carmel in 1919, after Navy service in V\.WI as a carpenters mate. Much of
his work was residential, however, he was involved in the construction of the kindergarten at Sunset School. He worked independantly
and with a partner, Miles Bain, who was his job estimator in the late 1920s. ltVhitcomb was a popular builder because of the high quality of
his craftsmanship, and willingness to address the needs of his clients. He designed and built a number of small cottages around Mtn.
View and 8th Ave. that exhibit his familiarity with the "Storybook" substyle of the Tudor Revival. The Ross Bonham Hse. clearly reflects
the findings of, and is consistant with the 1997 Carmel Historic Context Statement under the themes of architectural development, and
government, civic & social institutions.
207
208
209
210
REHABILITATION AND MAINTENANCE PLAN FOR HISTORIC TUDOR REVIVAL BONHAM RESIDENCE
SW Corner San Carlos & 12th (Block 37, Lot 1)
SCHEDULED WORK
1. Exterior Dry Rot
a. Windows. Repair/replace wood and broken/glass
b. Doors. Repair/replace wood.
c. Trim. Repair/replace trim
d. Stairs. Remove stairs and door. Fill in door with
wall
2016
$17,000
211
2. Garage Door
a. Replace/restore deteriorated wood
b. Repair or replace vintage hardware
$1,000
3. Driveway
a. Flatwork. Replace concrete with new surface
b. Add strip drains. Repair Sump and Sump drain
$8,000
4. Drainage
a. Repair/correct transition from street to driveway
b. Lot Drainage. Re-grade site to flow water away
from foundation. Add site drains as appropriate
c. Extend downspouts to drain water away from
foundation
$3,000
$2,000
6. Trees
a. Remove Oak Tree
b. Remove Stump
c. Remove Root Tripping hazard
d. Remove tree next to house
e. Remove tree next to kitchen
f. Remove Oleander
$1,500
2017
2018
2019
2020
2021
2022
2023
2024
2025
1 of 4
SCHEDULED WORK
2016
7. Electrical
a. Upgrade to 100 Amp Service
b. Replace existing circuit breaker panels, fuse boxes,
wiring, outlets and switches with code compliant
devices
c. Replace fixtures with period appropriate fixtures
$8,000
8. Plumbing
a. Replace cast iron waste infrastructure with new
code compliant waste infrastructure
b. Replace interior pipes with code compliant pipes
c. Replace fixtures with period appropriate fixtures
d. Re-enamel vintage tub
e. Replace water heater with tankless unit
$30,000
9. HVAC
a. Replace furnace with high efficiency unit
b. Upgrade duct system
$5,000
10. Floors
a. Refinish/repair/expose existing hardwood floors
$4,000
2017
2018
2019
2020
2021
2022
2023
2024
2025
$12,000
$6,000
$35,000
212
2 of 4
SCHEDULED WORK
2016
14. Landscaping
a. Redo flatwork
b. Replace sprinkler system
c. Add drought resistant plants
d. Replace fence
e. Repair and paint perimeter wall
f. Landscape maintenance
15. Replace Front Porch
a. Replace Repair cracked concrete front porch with
new porch of same style
2017
2018
2019
2020
2021
2022
2023
2024
2025
$40,000
$500
$500
$500
$500
$500
$500
$500
$500
$5,000
$300
$300
$300
$300
17. Kitchen
a. Redo kitchen in similar period style.
18. Bathrooms
a. Redo downstairs Bathroom in similar period style
b. Refinish period tub if possible
c. Redo upstairs bathroom in period style
19. Doors and door hardware
a. Replace/refinish doors throughout house to match
period style.
b. Refurbish/replace door hardware throughout
house consistent with period.
20. Interior Paint and plaster
a. Refinish interior paint and plaster repair consistent
with period style.
21. Exterior Paint and Plaster
a. Repair and touch up exterior paint and plaster.
b. Repaint exterior
$3,000
$1,500
$35,000
$2,000
$25,000
213
3 of 4
SCHEDULED WORK
2016
22. Earthquake
a. Add seismic retrofit fittings and straps in crawl
space.
2018
2019
2020
2021
2022
2023
2024
2025
$6,000
23. Insulation
a. Add insulation in crawl space, walls and attic where
possible.
$2,000
TOTAL
$152,000
Contractor:
JL DiBenedetto Construction
CA License 888685
831-277-0052
2017
$40,000
$800
$500
$800
$25,500
$800
$500
$800
$35,500
214
CITY CLERK
CITY OF CARMEL-BY-THE-SEA
ADDRESS:
CITY HALL
PO DRAWER G
CARMEL, CA 93921
CITY OF CARMEL-BY-THE-SEA
MILLS ACT AGREEMENT
HISTORIC PROPERTY PRESERVATION CONTRACT
THIS AGREEMENT is made and entered into this __ day of December, 2016 by and between the
CITY OF CARMEL-BY-THE-SEA a municipal corporation (hereinafter referred to as City), and
Sharon B. Holtkamp and Kenneth W. Holtkamp AB Living Trust (hereinafter referred to as Owners).
RECITALS
(i)
California Government Code Section 50280, et seq. (known as the Mills Act) authorizes
cities to enter into contracts with the owners of qualified historic properties to provide for
their appropriate use, maintenance and restoration such that these historic properties
retain their historic characteristics;
(ii)
The Owner possesses fee title in and to that certain real property, together with associated
structures and improvements thereon, located at the southwest corner of San Carlos Street
and 12th Avenue (APN: 010-164-001), Carmel, California, (hereinafter referred to as the
Historic Property). A legal description of the Historic Property is attached hereto,
marked as Exhibit A and is incorporated herein by this reference;
(iii)
(iv)
City and Owner, for their mutual benefit, now desire to enter into this Agreement both to
protect 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) of Chapter 3 of Part 2 of
Division 1 of the California Revenue and Taxation Code.
NOW, THEREFORE, City and Owner, in consideration of the mutual covenants and conditions
contained herein, do hereby agree as follows:
1.
EFFECTIVE DATE AND TERM. This Agreement shall be effective and commence on
1 January 2017, unless otherwise indicated by Monterey County, and shall remain in
effect for a term of ten (10) years thereafter.
2.
AUTOMATIC RENEWAL. Each year, upon the anniversary of the effective date of this
Agreement (hereinafter referred to as annual renewal date), one (1) year shall be added
automatically to the term of this Agreement, unless timely notice of nonrenewal is given
215
as provided in paragraph 3 of this Agreement. The total length of the contract shall not
exceed twenty (20) years.
3.
NOTICE OF NONRENEWAL. If City or Owner desires in any year not to renew this
Agreement, that party shall serve written notice of nonrenewal in advance of the annual
renewal date of this Agreement as follows: Owner must serve written notice of
nonrenewal at least ninety (90) days prior to the annual renewal date; City must serve
written notice of the nonrenewal at least sixty (60) days prior to the annual renewal date.
Upon receipt by Owner of a notice of nonrenewal from the City, Owner may make a
written protest. At any time prior to the annual renewal date, City may withdraw its
notice of nonrenewal.
4.
5.
6.
7.
8.
9.
PROVISION OF INFORMATION. Owner shall furnish the City with any and all
information requested by City, which City deems necessary or advisable to determine
compliance with the terms and provisions of this Agreement.
10.
ANNUAL REPORT. Owner shall submit an annual report at least 90 days prior to each
annual renewal date to the Department of Planning and Building specifying all work that
has been done to maintain and preserve the historic resource over the preceding year in
compliance with the approved maintenance plan.
216
11.
CANCELLATION. The City has the right to cancel the contract if the historic resource
is damaged or destroyed by unauthorized additions, alterations or remodeling. The City
also has the right to cancel this contract if the owners(s) have repeatedly failed to comply
with the provisions of paragraphs # 6, 7, 8 or 10 of this Agreement after the City has
provided reasonable notice of any failure to comply with the agreement. Cancellation of
a contract by the City consistent with the provisions of this paragraph requires a public
hearing and, if cancelled, results in the immediate termination of the contract and a
penalty equal to 12.5 percent of the assessed market value of the property. Citys right to
cancel this Agreement pursuant to this paragraph shall in no way limit or restrict its rights
or legal remedies arising from Citys Historic Preservation Ordinance and Municipal
Code.
12.
13.
WAIVER. City does not waive any claim or default by Owner if City does not enforce or
cancel this Agreement. All remedies at law or in equity, which are not otherwise
provided for this Agreement or in Citys regulations governing historic properties are
available to City to pursue in the event there is a breach of this Agreement. No waiver by
City of any breach or default under this Agreement shall be deemed to be a waiver of any
other subsequent breach thereof or default hereunder.
14.
15.
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, by personal delivery
or United States mail, postage prepaid, addressed as follows:
City:
Carmel-by-the-Sea
Community Development Department
PO Drawer G
Carmel, CA 93921
217
Owner:
16.
Recordation. No later than twenty (20) days after the parties execute and enter into this
Agreement, the City shall cause this Agreement to be recorded in the Office of the
County Recorder of the County of Monterey.
17.
The Owner or agent of Owner shall provide written notice of this Agreement to the State
Office of Historic Preservation within six (6) months of the date of this Agreement.
18.
19.
Amendments. This agreement may be amended in whole or in part, only by a writtenrecorded instrument executed by the parties hereto.
20.
21.
INDEMNIFICATION. Owner shall defend, indemnify, and hold harmless City and its
elected officials, officers, agents and employees from any actual or alleged claims,
demands, causes of action, liability, loss, damage, or injury to property or persons,
including wrongful death, whether imposed by a court of law or by administrative action
of any federal, state or local government agency, arising out of or incident to the direct or
indirect use, operation, or maintenance of the Historic Property by Owner or any
contractor, subcontractor, employee, agent, lessee, licensee, invitee, or any other person;
(ii) Owners activities in connection with the Historic Property; and (iii) any restriction
on the use of development of the Historic Property, from application or enforcement of
the Citys Municipal Code, or from the enforcement of this Agreement. This
indemnification includes, without limitation, the payment of all penalties, fines,
judgments, awards, decrees, attorneys fees, and related costs or expenses, and the
reimbursement of the City, its elected officials, employees, and/or agents for all legal
expenses and costs incurred by each of them. Owners obligation to indemnify shall
survive the termination, cancellation, or expiration of this Agreement and shall not be
restricted to insurance proceeds, if any, received by City, its elected officials, employees,
or agents.
22.
SEVERABILITY. In the event that any of the provisions of this Agreement are held to
be unenforceable or invalid by any court of competent jurisdiction, or by subsequent
preemptive legislation, the validity and enforceability of the remaining provisions, or
portions thereof, shall not be affected thereby.
218
IN WITNESS THEREOF, the City and Owners have executed this Agreement on the day and year
written above.
CITY OF CARMEL-BY-THE-SEA:
By:
_______________________
Date:
__________________
City Administrator
PROPERTY OWNERs:
By:
__________________________
Date: ___________________
By:
__________________________
Date: ___________________
219
DRIMARY RECORD
_ __
Page
Primary#
HRI#
Trinomial
NRHP Status Code
551
Other Listings
Review Code
Reviewer
Date
_ _ __________..:..:.:..:..=.::....:::-=-=~-==..:.=..:::::~--============~~-=====..l
of
Resource Name or#: (Assigned by recorder)
Francis Whitaker Cottage
P2. Location:
a. County
Monterey
;R
1/4 of
1/4 of Sec
B.M.
Zip 93921
City Carmel by-the-Sea
c. Address:
d. UTM: (Give more than one for large andllinear resources)
mEl
mN
e. Other Locational Data (Enter Parcel#, legal description, directions to resource, elevation, etc., as appropriate)
2 Wof Mission, nlside Vista (Bik 4 112. Lots w 112 17 & 19)
Parcel No. 01G-115-006
P3. Description {Desclile resa.rrearo t;rn;p-elemerls.lrd.xledesi!Jl, rraerials. OTdiOl. ale!aiel IS, size, selli'l}. mdbot.rd:lies)
A one-story, wood-framed Craftsman cottage, ell shaped in plan, resting on a concrete foundation. The exterior wall cladding is a
smooth cement stucco. The low-pitched intersecting gable roof has wide overhanging eaves wlexposed rafter tails, and simple
vergeboards at the gable ends. The eaves extend slightly at the inside comer of the ell on the west side, to provide a door hood for
the principal entry. The wood plank entry door is mounted w/hardware fashioned by Francis Whitaker. There is an exterior brick
eave-wall chimney located toward the south along the west side elevation. It opens into a large living room on this leg ofthe ell.
Fenestration is irregular, wla large, fixed multi-paned focal window in the gable-end of the leg to the south, and single and paired
multi-paned wood casement windows in various sizes throughout. A large, raised Carmel stone patio fronts the cottage, w/ a low,
closed rail and open steps. There is a small, wood framed, front-gabled one car garage, constructed in 1950, at the SW comer of
the parcel. It also has hardware fashioned by Mr. Whitaker.
The cottage sits well back on its lot behind a rostlc grape stake fence on rising ground In an informal landscape setting of mature
oaks, flowers and low shubbery.
Building
n Structure n Object
511012002
. Report Citation: (Cite survey report and other sources, or enter "none")
Jrmel by-the-Sea Survey 1989-1996
o
o
achments 1 1NONE
i Continuation Sheet
0 District Record
Rock Art Record
0 Other: (List)
1 i Location Map 1 Building, Structure, and Object Record
Linear Feature Record
Artifact Record
Archaeological Record
Milling Station Record 0 Photograph Record
1.l Sketch Map
o
o
220
1
--qUILDING,
STRUCTURE, AND OBJECT RECORD
Primary#
HRJ#
of
5$1
CR 2,3
(Discuss importance in terms of historical or architectural context as defined by theme, period and geographic scope. Also address integrity.)
The Francis Whitaker cottage is significant under California Register criterion 2, for the contributions of its original owner to
the craft of ironwork in the United States. It is also significant under criterion 3, in the area of architecture as a basically
unaltered example of the residential work of Cannel master-builder Michael J. Murphy in the 1920s.
Francis Whitaker, bom in 1906, is considered one of the finest ironworkers and artistic blacksmiths in the United States. He
received his formative training in Philadelphia, PA, working as an apprentice to Samuel Yellin, who more than any other
single American ironworker, established iron as an art form in this country. Whitaker worked in the masters Arch Street
Metalworkers Studio for a year before accepting an invitation to Berlin in 1923 to worl< with the noted ornamental smith, Julius
Schramm for two years. Returning home he finally settled in Carmel in 1927, finding employment as an ornamental blacksmith
with M.J. Murphy. He remained with Murphy until the Great Depressi.on, when he went out on his own, and with John Catlin,
established the Forge in the Forest, a Cannel institution, at 6th & Junipero. An ardent environmentalist, 'Miitaker also served
on the Cannel City Council for three terms, from 1952 to 1963_He moved to Aspen, Colorado, where he opened the Mountain
Forge, and began teaching at the Colorado Mountain School in Carbondale. The college now houses the Francis 'Miitaker
Blacksmith School. Whitaker occupied his Vista St. home during the productive period of his creative life in Carmel. Michael J.
Murphy (1885-1949), first came to Cannel in 1902. Two years later Frank Devendorf hired him to be the builder for the Carmel
Development Company. Murphy went on to become the most prolific designer-builder in Carmel's history, with as many as
350 structures to his credit. In 1914 Murphy established his own contracting firm, and in 1924 he opened M.J. Murphy, Inc.,
which sold building supplies, did rock crushing and concrete work and operated a/umber mill and cabinet shop.
812. References:
Carmel bldg. records, Carmel Planning Dept., City Hall, Carmel
Carmel Historic Context Statement 1997
Smithsonian Magazine, May, 1993
Southworth, Susan & Michaei,Ornamentallronwork, D.R.
Godine:Boston, 1978
Sanborn fire insurance map, Carmel, 1930-62
813. Remarks:
Zoning R-1
CHCS (ADIAC)
814. Evaluator:
Date of Evaluation:
Kent L. Seavey
511012002
- -.
_, ................._ __
. l.
. ~.
VISTA
'1.I
[).-=~Ji
.
::.-......--,
!, :,
'T :.. i'
221
CONTINUATION SHEET
'e
of
-:orded by:
Primary#
HRI#
Trinomial
Date
5/1012002
~ Continuation
n Update
- - - -- - ----------------- ----
810. Murphy was the most active designer-builder in the area between 1902 and 1940, and did as much to give Cannel its basic
architectural character than any other person.
Kay Ashmead, a woman draftsman with Murphy in the late 1920s drew the plans for the Whitaker cottage. She was one of a number of
women in Cannel's early history identified as contributors to the residential and commercial design of the village. The Francis Whitaker
cottage clearly reflects the findings of, and is consistent with the 1997 Carmel Historic Context Statement under the themes of art &
culture, government, civic and social institutions, and architectural development.
--~--- -- -
-------------- - - -- - -- - - - - - - -- -- - -- - -- - - - -- -- - - - - -
222
Here are pictures of Vista 2NM of Mission, Carmel, CA after we purchased the property on March 3,
2016. We have already started a maintenance plan as we prepare the property for inhabitance. The
work includes landscaping front yard, securing rustic old grape stake fence, installing a new gas fireplace
insert to enable the use of the fireplace as well as interior and some exterior painting.
223
224
225
226
227
228
229
We purchased Vista 2NW of Mission on March 3, 2016. Here are some pictures of the home prior to our
purchase.
230
231
232
233
L.
rfJ
ftem
Palnti_!!J_I1
,...
(!-<'41- ~o.Q \ ~ ~-
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
$ 5,900
$ 900
$ 5,308
$ 320
$ 800
200
$
$ 4,000
$
$
700
838
$ 1,000
$ 2,000
$ 1,500
$ 2,400 $ 2,400 $ 2,400 $ 2,400 $ 2,400 $ 2,400 $ 2,400 $ 2,400 $ 2,400 $ 2,400 $ 2,400
$ 1,500
$ 2,000
$ 2.500
TBD
TID
$ 12,000
$
$
$
$
400
400
400
400
300
$ 2,000
300
400
$
$
400
300
$11,000
$ 10,000
$ 3,000
totll
118,1~ ~ _1!_6~700 $ 2,401)_ __!___~ _$ 25,70Q. ~400 $ 12,400 $ 3,500 $ 2,.400 $ 2400 $ 97,166
234
CITY CLERK
CITY OF CARMEL-BY-THE-SEA
ADDRESS:
CITY HALL
PO DRAWER G
CARMEL, CA 93921
CITY OF CARMEL-BY-THE-SEA
MILLS ACT AGREEMENT
HISTORIC PROPERTY PRESERVATION CONTRACT
THIS AGREEMENT is made and entered into this __ day of December, 2016 by and between the
CITY OF CARMEL-BY-THE-SEA a municipal corporation (hereinafter referred to as City), and Ken
Rheaume (hereinafter referred to as Owner).
RECITALS
(i)
California Government Code Section 50280, et seq. (known as the Mills Act) authorizes
cities to enter into contracts with the owners of qualified historic properties to provide for
their appropriate use, maintenance and restoration such that these historic properties
retain their historic characteristics;
(ii)
The Owner possesses fee title in and to that certain real property, together with associated
structures and improvements thereon, located at the northeast corner of Dolores Street
and 12th Avenue (APN: 010-115-006), Carmel, California, (hereinafter referred to as the
Historic Property). A legal description of the Historic Property is attached hereto,
marked as Exhibit A and is incorporated herein by this reference;
(iii)
(iv)
City and Owner, for their mutual benefit, now desire to enter into this Agreement both to
protect 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) of Chapter 3 of Part 2 of
Division 1 of the California Revenue and Taxation Code.
NOW, THEREFORE, City and Owner, in consideration of the mutual covenants and conditions
contained herein, do hereby agree as follows:
1.
EFFECTIVE DATE AND TERM. This Agreement shall be effective and commence on
1 January 2017, unless otherwise indicated by Monterey County, and shall remain in
effect for a term of ten (10) years thereafter.
2.
AUTOMATIC RENEWAL. Each year, upon the anniversary of the effective date of this
Agreement (hereinafter referred to as annual renewal date), one (1) year shall be added
automatically to the term of this Agreement, unless timely notice of nonrenewal is given
235
as provided in paragraph 3 of this Agreement. The total length of the contract shall not
exceed twenty (20) years.
3.
NOTICE OF NONRENEWAL. If City or Owner desires in any year not to renew this
Agreement, that party shall serve written notice of nonrenewal in advance of the annual
renewal date of this Agreement as follows: Owner must serve written notice of
nonrenewal at least ninety (90) days prior to the annual renewal date; City must serve
written notice of the nonrenewal at least sixty (60) days prior to the annual renewal date.
Upon receipt by Owner of a notice of nonrenewal from the City, Owner may make a
written protest. At any time prior to the annual renewal date, City may withdraw its
notice of nonrenewal.
4.
5.
6.
7.
8.
9.
PROVISION OF INFORMATION. Owner shall furnish the City with any and all
information requested by City, which City deems necessary or advisable to determine
compliance with the terms and provisions of this Agreement.
10.
ANNUAL REPORT. Owner shall submit an annual report at least 90 days prior to each
annual renewal date to the Department of Planning and Building specifying all work that
has been done to maintain and preserve the historic resource over the preceding year in
compliance with the approved maintenance plan.
236
11.
CANCELLATION. The City has the right to cancel the contract if the historic resource
is damaged or destroyed by unauthorized additions, alterations or remodeling. The City
also has the right to cancel this contract if the owners(s) have repeatedly failed to comply
with the provisions of paragraphs # 6, 7, 8 or 10 of this Agreement after the City has
provided reasonable notice of any failure to comply with the agreement. Cancellation of
a contract by the City consistent with the provisions of this paragraph requires a public
hearing and, if cancelled, results in the immediate termination of the contract and a
penalty equal to 12.5 percent of the assessed market value of the property. Citys right to
cancel this Agreement pursuant to this paragraph shall in no way limit or restrict its rights
or legal remedies arising from Citys Historic Preservation Ordinance and Municipal
Code.
12.
13.
WAIVER. City does not waive any claim or default by Owner if City does not enforce or
cancel this Agreement. All remedies at law or in equity, which are not otherwise
provided for this Agreement or in Citys regulations governing historic properties are
available to City to pursue in the event there is a breach of this Agreement. No waiver by
City of any breach or default under this Agreement shall be deemed to be a waiver of any
other subsequent breach thereof or default hereunder.
14.
15.
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, by personal delivery
or United States mail, postage prepaid, addressed as follows:
City:
Carmel-by-the-Sea
Community Development Department
PO Drawer G
Carmel, CA 93921
237
Owner:
Ken Rheaume
319 Bishop Avenue
Sunnyvale, CA 94086
16.
Recordation. No later than twenty (20) days after the parties execute and enter into this
Agreement, the City shall cause this Agreement to be recorded in the Office of the
County Recorder of the County of Monterey.
17.
The Owner or agent of Owner shall provide written notice of this Agreement to the State
Office of Historic Preservation within six (6) months of the date of this Agreement.
18.
19.
Amendments. This agreement may be amended in whole or in part, only by a writtenrecorded instrument executed by the parties hereto.
20.
21.
INDEMNIFICATION. Owner shall defend, indemnify, and hold harmless City and its
elected officials, officers, agents and employees from any actual or alleged claims,
demands, causes of action, liability, loss, damage, or injury to property or persons,
including wrongful death, whether imposed by a court of law or by administrative action
of any federal, state or local government agency, arising out of or incident to the direct or
indirect use, operation, or maintenance of the Historic Property by Owner or any
contractor, subcontractor, employee, agent, lessee, licensee, invitee, or any other person;
(ii) Owners activities in connection with the Historic Property; and (iii) any restriction
on the use of development of the Historic Property, from application or enforcement of
the Citys Municipal Code, or from the enforcement of this Agreement. This
indemnification includes, without limitation, the payment of all penalties, fines,
judgments, awards, decrees, attorneys fees, and related costs or expenses, and the
reimbursement of the City, its elected officials, employees, and/or agents for all legal
expenses and costs incurred by each of them. Owners obligation to indemnify shall
survive the termination, cancellation, or expiration of this Agreement and shall not be
restricted to insurance proceeds, if any, received by City, its elected officials, employees,
or agents.
22.
SEVERABILITY. In the event that any of the provisions of this Agreement are held to
be unenforceable or invalid by any court of competent jurisdiction, or by subsequent
preemptive legislation, the validity and enforceability of the remaining provisions, or
portions thereof, shall not be affected thereby.
238
IN WITNESS THEREOF, the City and Owners have executed this Agreement on the day and year
written above.
CITY OF CARMEL-BY-THE-SEA:
By:
_______________________
Date:
__________________
City Administrator
PROPERTY OWNER:
By:
__________________________
Date: ___________________
239
Primary #
HRJ tl
PRIMARY RECORD
Trinomial
NRHP Status Code
5S2
Vther Listings
Revlew Code - - Reviewer -- -- --- ..
_ D=ste ...
--------..------------ ---- -Resource Name or 1 : ~.Ass~;Jned by :oooroer; Lloyd:;_Miller Cottage
- -~ -------
Page 1 of 5
P1.
P2.
Other Identifier:
location:
Not for Pubfication . Unrestricted
a. County t.Aontere.v
~nd (P2b ar.d P2c or PM Attach a Location Map as net:essary.)
b. USGS 7.5' Quad
Oa1e
T
: R
1/4 oi
1/4 of Sec
B .U.
c. Adaress:
NE C! 12th 4ve. & Delores s:-.
Cit'J CaTmd-iJy-the-Sea.
Zip 9~921
ti. UTM: (Give more than vr.e for !arge andllinear resources)
f'fEI
mN
e. Other Loca.'~!llla Data IE"''tel Paroei #. legal jescripticn. difectbns to ;eswree, erevat!oo. ate.. as ?pnropr.ste}
Blk131Lot14
.. E:ement nt Oii1net
Other ilso.l&tes. ac.j
P5b. f)saJfmdRmrJew..~
Looking NWatlflesotllh !ac!nglacade& e.$ktee#e'J.,
KentSeavey.4t:!6/14
1995Nof!hw!JodRoad
. Nipomo, CA93444.
P11. Report CJbitioiJ: ;ore stliii&Y rfipcrt !mG ott-&r sm:rces. or~~~'~
None
AltacfnnMrts - NO".ra:
;_~rJI&u
~ Sfretdl .~
;::; GvnlilluatiorSheet
:.:: Gis:r:lo.t ~e<:cro
-:- 'RecK ~no. .:on :- :nt:i"' .List]
-:-. 9\lifdilln, S".ruc:t~;re. a;~-cl ::.t:~:-.t:<ec.t.::fti ...:. ._w.e<J >C'll\ire r<eo')r J -~ Art;a;t Recor.i
~ Arct~ogicl:<s:\eoon'l
\~l.tr..gStallr..r.F!eccd -:_ ~kl1:-~JnPoocllf
240
Page 2 of5
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5S2
The i..JDJid c. ~ CoffaQIJ is~ undsT Oillbnia Rfdsler cdetiDn a .iJ the 8IBfl otllldileciJR, as the lheDniY ldellilied
exaRf1le of a~ vemseatar NSideiDJI t/esitll by noiBd Caimsl ~ Fredelill* 8lil*nf Flflflelil:t B'Uin#
(1889-1971J came to the Uniled Slsles from his I1Biille home in Chesler; on the lii8St coast of En/1lllnd. ;, lhe etllly 1!120s. He
lilsl seltl8d netiT Santa 8arbaiB. I:U IJ10tlled to Cannsl just alter the Santa Bstbti1a ea#hQUIJke o/1925. He-lHou!Jtlt .., him the
desUJ and buiklng tsciJniqtJes ot the Eng/isb Ails & Cia/Is tr.dlim. His fl8lly Mk in Cannel relleclecllhe EtVfsh Twlor
~ 'ltJilh some ol the SllJtyboo/f detaiiJV ll16t Cstmsi-.~S kiJOfllln lol' Bllhe me. l-Is OJWJ lll#lintJeMI home on Min View
netK Ssnla Fe 1et1ec1s INs aesiiJellco Big1and 's design ~soon Bl7lpiJIJded to incotpotrJifl the popdaT $panlsh Eclef:lic
RerWal. TI1B NodhAI#I:Bn ilfbmced llsiii/Iam Holse a1 the SWcomtKot ot111h and CaslRwrr Is agood liitiCIIIJPe o1 mnge.
'*
J-/orflever. lbe designerlbulder MIS most noted fOI his Tudor Rtwlvsl RISidences PJhich are reptBSfiiJ/ed in the .2003 C8lmel
Hslolic Resource IINefllclry.
The Sfibjecl /)JrJplldy. II boJl,Y. ~ ~ RJOied ~ oollape. rtM:h lakes adtarJI1Iie ol wieEis to the . S
andSDIAII flrJm B lllised CDR111r lot. ~ iJ 1929 1090 fix LA1jld AaiJr. an esdy CamlelJ111S slalionCMHtpitab.. Tire
co1t11ge iB a c1est retWJclion of 11at 1EtB tor aifJ/iciiY'... descJib8d in the 2008 CBmiBI HsiDifc Ctlntexl S1Btsment. 111B1
1ranscended lhe dMsbns of lime and an:IJlBf:tufaJ fsshkln in Cannel. R Is a good~ ollhe ~ snd cresliMiy of
ils tne. and a Wsl* nwiles~ ollhe "fflhhlnsleaaoorJJCllilatblot fealfns asM'IBted IIICh sewat si.J*$ M a single home to
Clealea ~ snd ecleclic ....-; as rlBsaiJedln the Camlel Hislr1dc CDnlexl Statement.
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241
Primary # __
, stateofeaMomia- TOO~Agency
: DEPARnENTOFPARKSANDREtREAllON
l ~O~!~~~A~I~~
HRI #
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Page 3 ol 5
Resource Name or #; (Assigned by recorder) LJoyrJ C. MiJief Conage
Recorded by: Kent L Seawey
Date &1412014
c Continuation
~-: Update
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P3. (Coni.) The s~l /}TOIJeffy is sifed on a the prominent NE comer of Dolores St. and 12th Ave. in a nalulallandscape setting wilh
sev8181 mature pine trees, sel back trom the raadMays behJnd a rustle gmpe stake MOOd lenc6. Thele are brict and concrete Ml/kways
on the propelty. with an lntefesting concrete entry poreh, and stepped concrete MJIIr along the south elevation. whkh IJie seoted In a
distinclfy Art DfJoo psltem. At the teal of the pB1tel, on the NE side are IMO stepped, open pa1Jo spaces, both haldscaped. They 281o
the rear of tile Original, detached IHo-bsy gamge., aiso constiTJCted In 1930, and conslsfenl ill design and materials to the cottage
proper. The residence is located Jn a MJOded residential neighborhood of one and WA:H;toty homes ot vatying ages, sizes and s~Jes.
In 2009, then owneiS Chris and Lynn Rudowski had the residence reshingled, matching in kind the original materials and stsggeied
patteming (see photo continuation sheets) They replaced the exist~ entJydoor, and added a new door and a set ot FlenCh doors on
the east side ot the building envelope, a secondary efe'riBIIon. The addlliuns appeal to be consistent with the design chafactet of the
residence.
~
-~
-~ -
810 (cont.} The inegular buit1ing mass and tam reflects the view shed polenlial ot the site, af.' tkJes the cottage's raised loundaiJon.
The bl1c/C veneer on the toundalion and wood shingle exlelkr. wall cJadding. bolh rellect the use of nahlal materials from the Ails &
Grafts and CraftsmBn Slyle des(ln vocabularies, ss do lhe exposed and shaped rafter..Jails ato~JJ the root eswes. The exlericr twill
cladding is In natutal MOOd shingles, in a highly alliculated and abstmct slsgJered bull pattern. The cunent shingles WElte added in
2009, having replaced the~. which had detedorafed and been painted over. Available phoJgraphs ol the eadlet MB! cladding
c/e6lly show the consJstencyollhe cunent shiJpe pallem with the original. Review of this litOrlr with the Calilomia Office ol Histolic
PresemltJon tomd the neweT waH cJadding COfl6ment with the Secretary ollhe lnleliot's Standatds 16, 19 & 110 tor Rehabillalion. Of
inleteSf is the abstlaCf SCOiing found on the conclele entry porr:h and on simllaf concrete sleps a/oiJJ the downhill slope on the south
side ollhe building erwetJpe thai teiJect Art Deco patterning.
The mAl~. lnduslriaJ steel C8SI1I1Ied ..ntoMs 819 DlpnaJ thloughoul lhe buildilrl ~ Three pa/fB ot afginaJplanked wood
shullets, tMO from the SOflh etevalioo and ons Bel/rom the lll9Sf elfwalion Blf1 no longer present. The east facing pdnctJal wood enlry
doolls d 1ecen1 vintage, butconsistent with the characleF ol the IHMing des.PJ, and ~eWetSbJe. A newer glazed and paneled door on
the east end ollhe east ..;ng Is akio revel5l:Jie. as are glazed tMlOden French doors added adjacent to the NE comer ol the building
en~ These newer minot teatlllfJS are on secondary elevations. A code mquiled hollzontal wood railng, also consistent with the
design characler ol the cottage. has b88n added to the previously open poiCh enlly.
The~ propelly has b8en well naJntainedOYellime and relait5 the 11&}orl'y d /Is odginaJ character-flelink!J features, paniculady
its irregular plan, as shoWn on lhe 1930 SadJom l1'1sutln:e Atip ot Carmel; /owfJilehed hlp-end-geble mot system; nalulal extenor bticlc
and IIIOOd IJnishes and mu/11-paned /nthJslrial steel casement windows. Its missilfJ some wood shutters, which are shown in existing
photogtaphs, and retains ils original site, /ocaiJon and genef8l landscape selling.
Fmdedck 8igland was an inJ1olt;ant conllfJulol to Catmel's residfmtisl design~ his reskJence here in the 1~ and 1930s. Seeking
a belter climate tor reasons of health, he 1e1t Carmel about 1933. Vel)' tew of his known house designs remain iniBct as constmcted.
The UD)Id C Miller Collaye is a~ unkfJOMirl design by the Carmel mas1st builder. tmm an lnf)Odanl psdod ol1esidenlial
detrelopment in lhe llil8ga lis listing in the Carmel Hslorlr; Resoun;e 1INenloly wfil til a gap in. Blglands known wodts.Pethaps more
inpoltantly the property can be seen, as noled Jn CBrmel's Hstolic Context Slalemenl, as a visual reminder ollhe communilies ea11ier
taste tor the kind of sfnJJicity, alliculaled by the use ol local building materials. lhat continues to transNrd the ~Nsions of ol tlme and
architrlciUra/lsshions. The LL.oyd C. Miller Cottage Telains its histOfical significance and sutliclenl physical integtily as lhe only known
eJlBI7f)le ot tleiJJBCular residenllal desi!ln by noted Csnnel c:cn~tae~orlbulldel Ftedetick Bigland. QUaMies tot 1st1ng in the CBtmel
Histofic Resource lnvenlofy, a1 the localleYel ol ~. tJI1der the theme ot ArchllectfJ181 IJetlelopment in Canne# (1888-1965), as
established in the 2008 HistoticaJ ContBXI Statement for CaJmei.By-The
-sea.
812 (cont.)
Sanborn fire instiiBnce maps kN Cmme/193011924--62.
Seavey, Kent, Bio. on FlfJdelick Bigland. (JJefsonBJBTChives).
242
Primary #
StBteaiCRI.tlomis- TheRe:~aJ1""4leAflency
HRt #
CONTINUATION SHEET
Trtnom~et
Page 4 of s
Resource Name or 1: !Assigned by recoroe.-> i)oycJ C. Mfller Gonage
Recorded by: Kem !.. :geal'eY
Oat& 611412014
~-~
Continuation :: Update
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~rifh:KrM!Mldfe.~
~.
243
Stln6;;tC3f~'!_-~~~:~.wY_
!:>EPART\EN ...,'F, ARJ(~ At..u R....vREA !iON
CONnNUATtON SHEET
Page 5 of 5
~esource tlfam9 or
Recorded by:.;;:"eoi ~- ~v!>_v
. ~fhr.(IA:-.Ite.~
Looking eas: al the ~side e!eva!ion
Henl Seavey. 6/10i2014
~Rxn-1\.JeN.~~
244
2016
2017
2018
2020
2021
2022
2023
2024
2025
2026
$300
$300
$300
$300
$300
$300
$300
$100
$100
$7,000
$10,000
$1,000
Replace sill plates and wall framing damaged from water seepage
at east elevation
10
11
12
245
13
2019
$500
$500
$2,000
$1,000
$300
$15,000
$5,000
$1,000
$4,000
$3,000
$6,000
$7,000
$100
$100
$100
$100
$100
$100
$100
$100
$7,000
Southeast elevation
246
2
Southwest elevation
247
3
West elevation
248
4
249
5
250
6
along Dolores
251
7
252
8
253
9
254
10
255
11
256
12
257
Restore garage
doors
258
14
259
15
CITY CLERK
CITY OF CARMEL-BY-THE-SEA
ADDRESS:
CITY HALL
PO DRAWER G
CARMEL, CA 93921
CITY OF CARMEL-BY-THE-SEA
MILLS ACT AGREEMENT
HISTORIC PROPERTY PRESERVATION CONTRACT
THIS AGREEMENT is made and entered into this __ day of December, 2016 by and between the
CITY OF CARMEL-BY-THE-SEA a municipal corporation (hereinafter referred to as City), and Scott
and Robbin Lonergan (hereinafter referred to as Owner).
RECITALS
(i)
California Government Code Section 50280, et seq. (known as the Mills Act) authorizes
cities to enter into contracts with the owners of qualified historic properties to provide for
their appropriate use, maintenance and restoration such that these historic properties
retain their historic characteristics;
(ii)
The Owner possesses fee title in and to that certain real property, together with associated
structures and improvements thereon, located at the northeast corner of Dolores Street
and 12th Avenue (APN: 010-154-005), Carmel, California, (hereinafter referred to as the
Historic Property). A legal description of the Historic Property is attached hereto,
marked as Exhibit A and is incorporated herein by this reference;
(iii)
(iv)
City and Owner, for their mutual benefit, now desire to enter into this Agreement both to
protect 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) of Chapter 3 of Part 2 of
Division 1 of the California Revenue and Taxation Code.
NOW, THEREFORE, City and Owner, in consideration of the mutual covenants and conditions
contained herein, do hereby agree as follows:
1.
EFFECTIVE DATE AND TERM. This Agreement shall be effective and commence on
1 January 2017, unless otherwise indicated by Monterey County, and shall remain in
effect for a term of ten (10) years thereafter.
2.
AUTOMATIC RENEWAL. Each year, upon the anniversary of the effective date of this
Agreement (hereinafter referred to as annual renewal date), one (1) year shall be added
automatically to the term of this Agreement, unless timely notice of nonrenewal is given
260
as provided in paragraph 3 of this Agreement. The total length of the contract shall not
exceed twenty (20) years.
3.
NOTICE OF NONRENEWAL. If City or Owner desires in any year not to renew this
Agreement, that party shall serve written notice of nonrenewal in advance of the annual
renewal date of this Agreement as follows: Owner must serve written notice of
nonrenewal at least ninety (90) days prior to the annual renewal date; City must serve
written notice of the nonrenewal at least sixty (60) days prior to the annual renewal date.
Upon receipt by Owner of a notice of nonrenewal from the City, Owner may make a
written protest. At any time prior to the annual renewal date, City may withdraw its
notice of nonrenewal.
4.
5.
6.
7.
8.
9.
PROVISION OF INFORMATION. Owner shall furnish the City with any and all
information requested by City, which City deems necessary or advisable to determine
compliance with the terms and provisions of this Agreement.
10.
ANNUAL REPORT. Owner shall submit an annual report at least 90 days prior to each
annual renewal date to the Department of Planning and Building specifying all work that
has been done to maintain and preserve the historic resource over the preceding year in
compliance with the approved maintenance plan.
261
11.
CANCELLATION. The City has the right to cancel the contract if the historic resource
is damaged or destroyed by unauthorized additions, alterations or remodeling. The City
also has the right to cancel this contract if the owners(s) have repeatedly failed to comply
with the provisions of paragraphs # 6, 7, 8 or 10 of this Agreement after the City has
provided reasonable notice of any failure to comply with the agreement. Cancellation of
a contract by the City consistent with the provisions of this paragraph requires a public
hearing and, if cancelled, results in the immediate termination of the contract and a
penalty equal to 12.5 percent of the assessed market value of the property. Citys right to
cancel this Agreement pursuant to this paragraph shall in no way limit or restrict its rights
or legal remedies arising from Citys Historic Preservation Ordinance and Municipal
Code.
12.
13.
WAIVER. City does not waive any claim or default by Owner if City does not enforce or
cancel this Agreement. All remedies at law or in equity, which are not otherwise
provided for this Agreement or in Citys regulations governing historic properties are
available to City to pursue in the event there is a breach of this Agreement. No waiver by
City of any breach or default under this Agreement shall be deemed to be a waiver of any
other subsequent breach thereof or default hereunder.
14.
15.
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, by personal delivery
or United States mail, postage prepaid, addressed as follows:
City:
Carmel-by-the-Sea
Community Development Department
PO Drawer G
Carmel, CA 93921
262
Owner:
16.
Recordation. No later than twenty (20) days after the parties execute and enter into this
Agreement, the City shall cause this Agreement to be recorded in the Office of the
County Recorder of the County of Monterey.
17.
The Owner or agent of Owner shall provide written notice of this Agreement to the State
Office of Historic Preservation within six (6) months of the date of this Agreement.
18.
19.
Amendments. This agreement may be amended in whole or in part, only by a writtenrecorded instrument executed by the parties hereto.
20.
21.
INDEMNIFICATION. Owner shall defend, indemnify, and hold harmless City and its
elected officials, officers, agents and employees from any actual or alleged claims,
demands, causes of action, liability, loss, damage, or injury to property or persons,
including wrongful death, whether imposed by a court of law or by administrative action
of any federal, state or local government agency, arising out of or incident to the direct or
indirect use, operation, or maintenance of the Historic Property by Owner or any
contractor, subcontractor, employee, agent, lessee, licensee, invitee, or any other person;
(ii) Owners activities in connection with the Historic Property; and (iii) any restriction
on the use of development of the Historic Property, from application or enforcement of
the Citys Municipal Code, or from the enforcement of this Agreement. This
indemnification includes, without limitation, the payment of all penalties, fines,
judgments, awards, decrees, attorneys fees, and related costs or expenses, and the
reimbursement of the City, its elected officials, employees, and/or agents for all legal
expenses and costs incurred by each of them. Owners obligation to indemnify shall
survive the termination, cancellation, or expiration of this Agreement and shall not be
restricted to insurance proceeds, if any, received by City, its elected officials, employees,
or agents.
22.
SEVERABILITY. In the event that any of the provisions of this Agreement are held to
be unenforceable or invalid by any court of competent jurisdiction, or by subsequent
preemptive legislation, the validity and enforceability of the remaining provisions, or
portions thereof, shall not be affected thereby.
263
IN WITNESS THEREOF, the City and Owners have executed this Agreement on the day and year
written above.
CITY OF CARMEL-BY-THE-SEA:
By:
_______________________
Date:
__________________
City Administrator
PROPERTY OWNERs:
By:
__________________________
Date: ___________________
By:
__________________________
Date: ___________________
264