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HomeMy WebLinkAbout05/02/1995, 2 - CULTURAL HERITAGE COMMITTEE RECOMMENDATION TO INITIATE A HISTORIC PROPERTY TAX INCENTIVE PROGRAM. MEETINGD �A�� city of san t.uis ogispo - -94- COUNCIL AGENDA REPORT ITEM NUMBER: FROM: Arnold Jonas, Community Development Director, By: Jeff Hod , Associate Planner SUBJECT: Cultural Heritage Committee recommendation to initiate a Historic Property Tax Incentive Program. CAO RECOMMENDATION: Adopt a resolution establishing the historic property tax incentive program and authorizing the Mayor to send a letter to the San Luis Obispo County Assessor initiating the program. REPORT-IN-BRIEF This report discusses a historic preservation tool available to cities and property owners called the "Mills Act" contract. This provision of State law allows qualifying historical properties to be assessed based on a "capitalization of income" method, rather than the usual method based on comparative sales data. In some cases, this can result in significant tax savings for owners of properties which are "enforceably restricted" through a Historical property contract. This item is returning to the Council for reconsideration after having the Cultural Heritage Committee (CHC) review additional information and reaffirm its support. Tax incentives can be viewed as positive, partnership approach to historic preservation. The City establishes the program, determines which properties are eligible through its authority to designate locally significant historic properties, and enters into historic preservation contracts with property owners who choose to participate. The property owner agrees to maintain (and in some cases, restore) historic properties according to adopted preservation standards in return for tax benefits.-The County participates by assessing participating historic properties according to methods outlined by State law. The County of San Luis Obispo has submitted two letters expressing concerns with the potential fiscal effects and suggesting alternatives. The County Tax Assessor requests reimbursement for County staff costs if the program is implemented. DISCUSSION Although legally available since 1977, this special tax assessment method has not been applied in San Luis Obispo County, although other communities have established similar programs, including the cities of Los Angeles, Santa Barbara, La Verne, Rancho Cucamonga and South San Francisco. Following up on a presentation at the American Planning Association Conference last Spring, staff looked into starting such a program in San Luis Obispo. After meeting with the County Assessor, staff determined that a tax incentive program was feasible and that it could promote the City's historic preservation goals by encouraging the preservation and "listing" of historic properties. The CHC has held two public hearings to discuss the incentive, and determined that it could have significant public benefits. ►����►►�►IIII�►II IIBIII city of San ' is OBISPO ENE COUNCIL AGENDA REPORT Staff Report Page 2 On February 7, 1995 the City Council considered the earlier CHC recommendation to adopt the program, heard public testimony, and referred the item back to the CHC. Councilmembers wanted to allow additional discussion of the program's fiscal implications, particularly with regard to County tax-receiving agencies. Following is an updated discussion of that issue. At a public hearing on March 27, 1995 the CHC voted 5-0 (Pinard Absent; one seat vacant) to recommend that the City Council establish the historic property tax incentive program and that the Mayor send a letter to the County Tax Assessor initiating the program. The CHC found that the public benefits of the program were likely to outweigh the expected tax revenue losses; and that a significant number of Master List properties have been under the same ownership since 1978, thus minimizing the program's possible fiscal effects. The CHC had previously considered this item in November 1994, and at that time recommended that Council adopt the program. General Plan policies strongly encourage the preservation of historic structures. For example, the Land Use Element provides that: "Historically or architecturally significant buildings should not be demolished or substantially changed in outward appearance, unless doing so is necessary to remove a threat to health and safety and other means to avoid the threat are infeasible. The street appearance of buildings which contribute to a neighborhood's architectural character should be maintained. " To implement preservation policies, the Conservation Element recommends that: "Accommodations for upgrading buildings having historical significance should be included in the building code. Zoning regulations and tax rate structures should be revised to encourage renovation of such buildings. " The MiGs Act The Mills Act provides cities and counties with an important historic preservation tool by giving them the statutory authority to assess designated historic properties differently than non-historic properties. It is one of the few financial preservation incentives available to owners of historic properties. To qualify, a property must be designated on a Federal, State or local historic listing, and must be covered under a Mills Act contract, as defined in Government Code Section 50280.1. A Mills Act contract is a minimum 10-year guarantee to maintain the property's historic character and to provide reasonable public access for viewing the property (building exterior in most cases). The law requires county assessors to assess historical properties under contract by a "capitalization of income method" instead of the usual "comparative fair market value" a-a ����N�►�ii��lllll�l►�►��ui►���II City Of Sar - Ips OBISPO =NNIZe COUNCIL AGENDA REP%RT Staff Report Page 3 method. This alternative assessment can sometimes result in lower assessed values, and hence, lower property taxes for qualifying properties. Mills Act obligations and benefits are transferable to the new owner upon sale of the historic property. Once the owner of a designated historic property enters into a "Historical Property Contract" with the City, the Assessor must use the alternative assessment method to determine taxes for that property if it results in a lower tax assessment. After 10 years, one year is added automatically to the initial term of the contract on the contract's anniversary date, unless notice of nonrenewal is served by the owner or the City. There is a "recapture" provision for premature property owner cancellation or breach of contract. State law also allows cities to collect a fee, in an amount "not to exceed the reasonable cost of administering this program", as a condition of entering into a historic preservation contract. Cities are not required to reimburse counties for their costs to administer Mills Act contracts. Who is Eligible to Participate? Property owner participation in the program is completely voluntary. Owners of residential and commercial properties on the City's Master List of Historic Resources would be eligible to participate in the program. There are 168 properties on the Master List (82 residential; 63 commercial; 13 other). Additional properties meeting the criteria in the City's Historic Preservation Program Guidelines could be added by the City Council, on nomination by the CHC. The criteria can be difficult to meet and the number of properties which could be added to the Master List is expected to be small. Of the properties which are currently eligible, not all would benefit from the program. For example, 13 properties are either government-owned or churches and pay little or no property tax. Many other historic properties have been under the same ownership since the passage of Proposition 13 in 1978, and consequently, are not likely to benefit from the program. Approximately one-half of the Master List properties are believed to fall into this category. Program Benefits Program benefits extend to both individual property owners and the community at large. Property owners who choose restoration and preservation over demolition are rewarded through reduced property taxes. The community receives benefits through preservation and improvement of historic buildings which represent the community's cultural and architectural heritage. To the extent that Mills Act contracts are tied to specific requirements for upkeep, architectural restoration, and correction of building code deficiencies, the tax reduction can defray property owner costs to maintain and improve historic buildings. Richard J. Roddewig, in his 1983 article "Preservation Law and Economics", compares income 11111111111 $11101�1 city Of sankyS OBI SPO COUNCIL AGENDA REP06RT --------------- Staff Report Page 4 and expenses on newer and older buildings from a 1980 survey of downtown offices in the U.S. and Canada and points out that: '...gross income per square foot on older buildings is substantially less than on new buildings, and expenses — except for taxes, insurance and energy — are substantially higher on older buildings. Total income on older buildings is a little more than 70 percent of new building income. On the average, it costs more to operate the same amount of space in an older structure than it does in a new buildings. " It is difficult to quantify the program's potential public benefits; however incentives such as the Mills Act do appear to help preserve, maintain, and enhance neighborhoods by giving owners (and prospective owners) and real incentive to preserve and restore historic buildings. They also help to create a sense of good will, and show that the City (and County) are willing to share in the cost, as well as the benefits, of historic preservation. FISCAL MIPACT Participation in this type of tax incentive program is not likely to significantly affect City or County tax revenues, although the actual fiscal effects are difficult to determine and depend on: the number of properties participating, current property uses and last reassessment date, property condition, and property owner response to the program. City Fiscal Impact A worst-case approximation of the reduction of City property tax revenues can be calculated as follows: Total assessed valuation of City Master List properties $54,807,482 Total assessed valuation under new assessment method' $27.403.741 New property tax valuation for historic properties $2794039741 To determine the tax revenue impact on the City, the new assessed valuation is then multiplied by 1.1162 percent (tax rate) to calculate property tax, and then by 18.3 percent to determine the City's share of the property tax revenue: $27,403,741 X .011162 X .183 = $55,976 'According to a Deputy Assessor for San Luis Obispo .County, the program could result in a reduction in assessed valuation of between 33 and 50 percent per property for qualifying historic properties which have been sold since the passage of Proposition 13. G� � I �►��i�►uu111111p1p ���11 MY of san g is osispo COUNCAGENDA REART Staff Report Page 5 Thus, the City could lose approximately$56,000 in property tax revenue annually assuming that: 1) all of the properties on the Master List participated in the tax incentive program; and 2) the assessed valuation of all properties was reduced by 50 percent. This would represent a reduction of approximately two percent in the City's total tax revenue ($56,000/$3,647,500)for fiscal year 1993/94. This "worst-case" assumption is highly unlikely, and the actual fiscal effects would probably be much less than $56,000. About one-half of the eligible properties have been under the same ownership since passage of Proposition 13, and are not likely to participate since they already have relatively low property tax assessments. Other communities with Mills Act programs in place have experienced relatively low participation rates, typically 10 - 15 percent of the eligible properties. A more realistic approximation of annual City property tax loss is $5,600 to $8,400. County Fiscal Impacts A variety of Countywide agencies receive a portion of property taxes collected in the City of San Luis Obispo. These include: San Luis Coastal Unified School District (approx. 36%); County General Fund (approx. 20% after State transfer); Cuesta College (6%); County Schools (4%); Library (1.9%); Port San Luis Authority (1.6%); Air Pollution Control District (0.1%); and others. Property tax collection methods are fairly complex, and actual percentages allocated to each taxing agency vary depending on where the taxed property is located in the County. Nevertheless, an approximate "worst case" fiscal impact can be estimated as follows: Taxes collected under current method Total Assessed Valuation of Master List Properties: $54,807,482 Tax Collected (.011162 X total assessed valuation) = 6129000 Less 18.3% taxes returned to City of SLOl if 2.0001 Tax revenue available to County taxing agencies $ 5009000 Taxes collected under Mills Act New Assessed Valuation of Master List Properties: $27,403,741 (reduced by up to 50% due to Mills Act) Tax Collected (.011162 X total assessed valuation) = 3069000 Less 18.3% taxes returned to City of SLO 56.000 Tax revenue available to County taxing agencies $ 250,000 Therefore, the estimated worst case revenue to County taxing agencies is $500,000 - $250,000 _ $250,000. This assumes that every property in the City eligible to participate in the program � -J �����Ni ��lllllll�ll ►��I� city or san is OBISpo COUNCIL AGENDA REART Staff Report Page 6 does so, a highly unlikely scenario. In other cities which have enacted Mills Act programs, the participation rate is relatively low — 10 to 15 percent. A more realistic of the program's fiscal impact on County revenues is expected to be approximately $38,000 annually, or about two- tenths of 1 percent of the total property taxes collected countywide($179,000,000). The County Tax Assessor's tax loss estimate of $400,000 is higher because it assumes that all qualified historic properties would receive an average $2,500 tax savings -- a scenario that the Assessor concedes is unlikely. Additional City and County staff time will be required to implement the program, including public information services and updating the Tax Assessors' policies, procedures and equipment. The Tax Assessor has provided estimates of County costs to implement the program. Assuming at least 16 properties participate, County staff costs are estimated at $11,400, plus an annual maintenance cost of$3,500. The City may, but is not mandated to offset County or City costs to administer the program. The CHC recommended against charging fees for the program, feeling that this would be contrary to the program's intent and could discourage participation. If staffing costs to implement the program prove to be significant, the Mills Act allows the City to charge reasonable fees to recoup processing costs of Mills Act contracts. To proceed with the program, the City Council should adopt a resolution establishing the program's purpose and intent, and formally request that the County Assessor establish procedures for assessing historic properties pursuant to State law. A draft resolution and a copy of a draft letter is attached. Application procedures will be developed by the CHC and staff, and included in the updated Historic Preservation Program Guidelines. ALTERNATIVES 1. Modify the program. The Council could adopt a modified program, possibly including additidnal eligibility requirements or incentives. For example, some communities limit the Mills Act program only to a designated few "landmark" buildings; or provide additional incentives for historic properties, including reduced construction permit fees for restoration projects; low cost historic loans and grants; and relaxed parking standards for historic properties. The Council may also establish a fee to offset staffing costs to implement the program.Staff does not recommend establishing a fee at this time; however it may be appropriate to set a reasonable fee to defray staffing costs after the City and County have experience with the program and can more accurately gauge its effects. 2. Do not approve the program. The Mills Act program is voluntary, and the Council may choose not to participate at this time. Attachments: Draft resolution, CHC minutes, sample tax calculations, eligible properties, letters from County staff. Council Reading File: Background information on the Mills Act. RESOLUTION NO. (1995 SERIFS) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING A HISTORIC PROPERTY TAX INCENTIVE PROGRAM AND AUTHORIZING THE MAYOR TO INITIATE THE PROGRAM WITH THE COUNTY OF SAN LUIS OBISPO. WHEREAS, Article 1.9 of the California Revenue and Taxation Code provides for the differential property tax assessment of certain enforceably restricted properties to encourage historic restoration and preservation; and WHEREAS, the City's General Plan policies encourage the use of tax incentives and other means to encourage property owners to protect, restore and preserve historic buildings; and WHEREAS,tax incentives for qualifying historic properties benefit the entire community and improve the City's appearance by encouraging the preservation and restoration of heritage buildings, fostering pride and reinvestment in neighborhoods, and by defraying a portion of the costs of restoring and maintaining historic structures; and WHEREAS, the City's Cultural Heritage Committee has considered the potential costs and benefits of a property tax incentive program, and has recommended the establishment of such a program pursuant to State law; and WHEREAS, this City Council has considered the Committee's recommendation and desires to establish a tax incentive program in the City of San Luis Obispo, based on the findings herein described; NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Fmdings. The Council finds the following: 1. The proposed Historic Property Tax Incentive Program is consistent with the General Plan, and will implement policies therein calling for the protection, restoration, preservation and maintenance of historically significant structures; and 2. The proposed Program will benefit the Public by enhancing the Community's appearance and preserving historically significant buildings which help describe and document the Community's heritage; and y Council Resolution No. (1995 Series) Page 2 3. Adoption of the proposed Program is exempt from environmental review under the City's Environmental Guidelines and under Section .15308 of the California Environmental Quality Act. SECTION 2. Historic Property Tax Incentive Program Established. The Council hereby establishes a tax incentive program known as the "Historic Property Tax Incentive Program", to be administered by the Community Development Director, on advice and recommendation of Cultural Heritage Committee, subject to State Law and the following local requirements. 1. The purpose of the program is to encourage the restoration, preservation and upkeep of historic structures in the City of San Luis Obispo, including both residential and commercial properties. 2. Participating properties may be located anywhere in the City. Only those properties listed in the "Master List of Historic Resources" shall be eligible to participate in the tax incentive program. 3. To qualify for the program, owners of eligible properties must enter into a Historical Property Contract with the City of San Luis Obispo. The Community Development Director is hereby authorized to execute such contracts, subject to the City's Historic Preservation Program goals, policies and preservation guidelines, and subject to the requirements of State law. 4. The City Council may amend or terminate the program by resolution at any time, after holding a public hearing and providing appropriate public and property owner notice, as required by law. 5. The Community Development Director shall establish application and review procedures to administer the program. Participation in the program is optional, and shall be at no cost to the property owner. The City may charge reasonable and necessary fees to recover costs of executing, filing, and administering historical property contracts. SECTION 3. Authorization to Initiate the Program. The Mayor is hereby authorized to send a letter to the County of San Luis Obispo to initiate the program. Council Resolution No. (1995 Series) Page 3 On motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this 2nd day of May, 1995. Mayor Allen Settle ATTEST: Diane Gladwell, City Clerk APPROVED: City Attorney -I Draft MIIV[JTES SAN LUIS OBNFO CULTURAL HERITAGE CONM41TTEE Regular Meeting of March 27, 1995 The meeting convened at 5:30 p.m. in the Council Hearing Room, San Luis Obispo City Hall, 990 Palm Street. ROLL CALL Present: Co-Chairman Garth Kornreich, Co-Chairman Dan Krieger, Wendy Waldron, Victoria Wood. (one seat vacant) Absent: Leo Pinard. Staff: Jeff Hook, Associate Planner. APPROVAL OF MINUTES: On motion of Committee member Wood, seconded by Committee member Gallagher, the minutes of the regular meeting of February 27, 1995 were unanimously approved as amended. THANK LEO PINARD FOR SERVICE TO THE CITY Since Committee member Pinard was not present, the recognition ceremony was postponed to the upcoming CHC installation dinner on May 15, 1995. THANK DOM WITTHOLT FOR SERVICE TO THE CITY Imke Wittholt was not present. Jeff Hook explained that Ms. Wittholt is a German university student volunteering her time with the City of San Luis Obispo, and that she had done an excellent job photographing historic properties which will be maintained in CD-Rom format in the City's land use inventory. Jeff Hook introduced two CHC members-elect in the audience, Alice Loh and John Edmisten. He explained that their terms began April 1. He also noted that Dan Krieger and Victoria Wood were each reappointed to four-year terms. Co-Chairperson Krieger welcomed the new and reappointed members. PUBLIC HEARING ITEMS 1. Historic Property Tax Incentive Program, Citywide (referred by the City Council). City of San Luis Obispo, Applicant. Jeff Hook presented the staff report and explained that the CHC reviewed this item last CHC Minutes, March 27, 1995 Page 2 November, and that the City Council had referred it back to the Committee to consider countywide fiscal implications of the tax incentive program. The agenda staff report describes the potential fiscal impact of the program if all of the eligible 170 properties on the Master List of historic Resources participated in the program, a highly unlikely scenario. Mr. Hook noted that among California cities which have Mills Act programs, the typical participation rate is relatively low—about 10 to 15 percent of the eligible properties actually participate. Practically speaking, a total property tax reduction of $20,000 - $35,000 to county tax-receiving entities could reasonably be expected based on a 10-15 percent participation rate in the program. Because many of the City's historic properties have been under the same ownership since the passage of Proposition 13 in 1978, many of the eligible properties already have relatively low assessed values, and are not likely to realize tax benefits under the Mills Act, Mr. Hook explained. The program could also require increased County staff hours to "retool" their tax assessment procedures and to respond to public questions. In response to a question from Ms. Gallagher, Mr. Hook noted that the Tax Assessor's office had been asked in writing to quantify the potential tax impacts, but that as yet, that office had not responded. The County Auditor- Controller's office had provided information on tax rates and calculation methods used in this report. He explained that he had discussed the program with County Assessor and Auditor- Controller staff and with school district staff as the program was being developed. In response to a question from Committee member Kornreich, Mr. Hook explained that under state law, the County is obligated to implement a Mills Act program in the City of San Luis Obispo if the Council decides to establish such a program. He noted that the Mills Act allows the City to collect a fee to defray added staff costs of processing Mills Act contracts. Mr. Kornreich felt that charging a fee for Mills Act contracts was contrary to the intent of the legislation to assist owners of historic properties. He also felt that the actual fiscal impact of the program would be minimal due to the fact that many Master List properties have been in families for generations and are not likely to participate in the program. Committee Member Gallagher described the community benefits of historic restoration, including increased building permit activities and related permit fees, sales of building materials, and the "domino effect" to encourage other owners in a neighborhood to restore or improve their property. Victoria Wood felt that the tax incentive program would encourage property owners to retrofit downtown unreinforced masonry buildings, thus improving public safety and economic conditions. Mr. Hook explained that the Mills Act contract allows cities and property owners to negotiate CHC Minutes, March 27, 1995 Page 3 the terms of participation, including the need for additional work to restore original architectural details or to make necessary repairs and complete routine maintenance. He clarified that the Mulls Act did not require property owners to provide public access to a building's interior, unless the interior was basis for the building's historic listing, eg. the Fremont Theatre, where reasonable public access would be required. In response to a question from Committee member Kornreich, Mr. Hook noted that under the Mills Act, the tax assessor would calculate a property's assessed value under both the old method and the "capitalization of income" method, and then use the method resulting in the lowest property tax. Dan Krieger said that he had spoke with tax assessors from other counties, and.that he had heard general support for the Mills Act program. Co-chairman Krieger opened the public hearing. In response to a question from John Edmisten, 3055 Bahia Court, Dan Krieger explained that property owners had to agree to preserve their buildings for at least 10 years to be able to participate in the program. Mr. Hook explained that there was a "give and take" implicit in the Mills Act program, in that private owners received tax benefits in return for preserving and in some cases, improving historic buildings which are important to the community's character and heritage. In response to a question from Mr. Edmisten, Mr. Hook knew of no "derelict" buildings on the Master List; however it was conceivable that historic buildings in poor condition could be added to the Master List and included in the proposed program on the condition that the building be restored. Mr. Krieger noted that in addition to the "Quid Pro Quo" nature of the Mills Act, there was a penalty equal to 12.5% of the property's assessed value for property owner violation of the terms of a Mills Act contract. Mr. Hook explained that the CHC had several alternative actions, including recommending that the Council not adopt the program in view of the potential public cost, both in the City and County; recommending that the Council adopt the program but consider establishing limits on the numbers of properties which could participate, or include a one-year review to evaluate the program; or the CHC could continue the item if it needs more information. On motion of Astrid Gallagher, seconded by Wendy Waldron, the Cultural Heritage Committee recommended that the City Council adopt a Historic Property Tax Incentive Program, finding that the public benefits of the proposed program are likely to outweigh expected tax revenue losses, and that a significant number of Master List properties have been under the same ownership since 1978, thus minimizing the fiscal impact of the program. CHC Minutes, March 27, 1995 Page 4 AYES: Committee members Gallagher, Waldron, Kornreich, Krieger, Wood. NOES: None. ABSENT: Committee member Pinard. Motion carries. —/ 2 February 3, 1995 City of San Luis Obispo Proposed Historic Preservation Tax Incentive Program Following are examples prepared by the SLO County Tax Assessor, using San Luis Obispo City properties on the Master List of Historic Resources. Figures used are estimates, based on State codes and current assessment information available. Residential Properties: 1. XXX Buchon Street. (1800 SF, sold in 1991); 1992193 base value for assessment. 1994/95 assessed value = $321,974 1994/95 estimated taxes = $3,594 Estimated assessed value under the Mills Act: Est. gross income (rental) _ $1300/month X 12 month = $15,600 EGI/year Est. expenses: insurance = 500 maintenance = 1000 utilities = 1000 total expenses = $2500/year Net Operating Income (NOI) = $15,600 - $2,500 = $13,100 Capitalization Rate: interest rate = 9% historical risk rate = 4% (owner occupied res.) amortization rate = 5% (est. 20-year bldg. life) taxes — 1% Cap rate = 19% Calculated assessed value under Mills Act using "Capitalization of Income" approach: $13,100 NOI/.19 = . $68v947 (formula set by State code) less homeowner's exemption - 7.00 Assessed value = $61,947 Estimated taxes = $61,947 X .01116 (SLO City tax rate .= 1.116%) $691 Estimated Tax Savings under Mills Act = $3,594 - $691 = $2,903/year Historic Preservation Tax Program Page 2 2. YYY Buchon Street: 1975 base value for assessment 1994-95 assessed value = $59,026 1994/95 taxes = $658 Estimated assessed value under Mills Act: This property is similar to example 1 and has the same income earning potential. Using the same estimated gross income, expenses, NOI, and CAP rate will result in the same estimated value of$61,947. This is higher than the current assessed value and no immediate tax benefit would be gained by the Mills Act. Commercial Property: 3. XXX Higuena Street: 2-story masonry building, 11,218 SF (1994195 base value) 1994/95 assessed value = $1,050,000 1994/95 est. taxes = $11,720 Estimated assessed value under the Mills Act: estimated gross income = $128,000 estimated expenses $ 19.000 NOI = $109,000 CAP rate for Mills Act: interest rate = 9% historical risk rate = 2% (set by State code) amortization rate = 5% (est. 20-year life) taxes = 1% CAP rate = 17% assessed value: $109,000 NOI/.17 = $641,176 Estimated taxes under Mills Act = $641,176 X .01116 = $7,156 Estimated tax savings = $11,720 - $7,157 = $4,563/year AIL MMs.d m m m s js s � $ 31 31 A8 r � 3 I 0 W s m � � mwoow � mwa iwmmmn � mmm � mm � nm � .n � � nm .� � ♦ n.� � nm .n � 8 8111 , 111121 1i14 11 ,21 , � :sE cs Cie C3 . rhe � nn � ai "s N� S3 s ka fill I If LL $ 351s31z mm gill I I w ^ m 15 . gym ♦ 35 f� fO q 1A g CL Cg{ lipV a = . . . . . . . . . . . . . . . . . . . . . . �. . . . . . . . . . . z. �y . . . . . . . . 7.'7 N1 3 R 9 a 9 R i 9 9 ie5 9 '9 a 5 - "s Hill s b � b Q y S O G IL � bf bfAb � '1 lObbbOffAOl .Offbf bfff fbO oil sm W y� ss $ ssss � � sa � "se 's s . Ills, III I t rSP alm County of San Luis Obispo y. n.. COUNTY GOVERNMENT CENTER.RM.370■SAN LUIS OBISPO,CALIFORNIA 93408■(805)781-5011 April 17, 1995 Mayor Allen Settle OFFICE of THE San Luis Obispo City Council COUNTY ADMINISTRATOR 990 Palm Street San Luis Obispo, California 93401 Re: Historic Preservation Tax Initiative Program Dear Mayor Settle and Members of the Council: On May 2, 1995 your Council will be considering a proposal to create a Historic Preservation Tax Initiative Program which is authorized by State Code enacted in 1977. Your consideration of program impacts on County operations through reduced tax revenue and workload increase has been appreciated. County Assessor Dick Frank has corresponded with you regarding anticipated impacts on the County; most recently on April 6, 1995. I share the sentiment of Mr. Frank's correspondence. While your staff and advisory committee can predict potential program value in exchange for cost, we (County staff) can't. The proposed program would result in a certain loss of tax revenue while generating other benefits of little or no certainty. Additionally, this program would create costly processes for determining eligibility, appraisals, contract administration, and property inspections to name a few. Much of these costs would be borne by the County. Only a small number of San Luis Obispo City residents would receive the direct benefit of this added bureaucracy. If you peruse the Government Code sections pertaining to Historical Property you will see how complex the program can become. It was probably this complexity which led to a later amendment to the Code allowing for a Contract fee to cover reasonable costs of Program administration (Section 50281.1). Should your Council decide to develop a Historic Property Tax Incentive Program, please consider a fee to reimburse County costs related to the Program at the same time. In closing, please accept my compliments to you, your Council, and your staff for carefully considering the potential impacts of this proposed program. Programs such as this received less scrutiny in 1977 when government revenues were more plentiful. New solutions have emerged since then which I hope you will uncover. Perhaps you'll invent solutions of your own. In any event, I trust you'll make the right decision which best serves your community. Since , lee ROBERT E. HENDRIX County Administrator • r Office of Dick Frank, County Assessor COUNTY GOVERNMENT CENTER, ROOM 100, SAN LUIS OBISPO, dA 93408 (805)781-5643 44 �4 > > s April 61 199511# oPo Mayor Allen Settle 990 Palm Street .San Luis Obispo, CA 93401 G RECE 11/ED RE: Historic Preservation Tax Initiative Program APR 10 1995 Cm oe sao,CA Dear Mayor Settle/Members of the Council: I regret the delay in formally providing financial data and items for discussion concerning your . proposed Historic Preservation Tax Incentive Program, commonly known as the Mills Act. Unfortunately, the substantial loss of property from recent floods, and the subsequent reassessment of those properties, has become priority over all other matters. Although we have not had time to perfect our statistics by studying all properties within your proposed project, I believe by use of your own staffs presentation, modified to use correct tax rates and property tax distribution, you will be able to ascertain the probable/possible impact on other governmental agencies as well as the feasibility of the program itself. Using your staff's analysis, dated March 22, 1995, the County Auditor has estimated the loss calculations more correctly to represent the fiscal impact of this program. Total parcels primary group 160 Total 1994/95 gross assessed value $54,8079482 Corrected tax rate .011162 Corrected total property taxes in project $611,761, say $612,000 a G1 0^0 a c N Mme. .r+ p v v tn O b ORL % n O O. v v s.. v 0 M V b q W N N Wv in W 7 .�. n n n n n n G ik9 69 V► i9 N W W ca" I� W O� Nf O� W l� . b.. b. N �O b O N to f T 'O �Q W .+ O N b ••+ co O ^ N A O .•• O 7 Q �O W O `� O e^ v v v v '••' v N `� v v U V�J fA I•� v v v 0 0 0 (04 cs 46 sfl .•,"� .• T WLm N ha vM In r"l e1 Al O n fn W n W .•� .•� vi O N b N r` W y N O W N R b .i W Vl b y► n !� W '+ b O O O% %m b O O W b W vl N n .ri en %C en as O eF � �a F a � •O r �( r e / pa 2 � \ � \ ] . � � m / E ƒ % � k 6 | 7 OIL E § � n a E k .. s a . . � U3 . a ® ` 2 � ka § qa CD \_ \ .0 ' CD o > � § \ \ j 0 ) § sa rn IS . . . . . ■ . . � 103 0 k 0 . . � � . § 2 a § \k § 4 April 61 1995 +. Page Four ' Your staff estimated losses at the 33% and 50% ratios. The Assessor's staff used three actual examples of various types of properties. Using the three examples from Assessor's staff(see City staff report), there were property tax reductions of(1) $2,903, (2) 0, (3) $4,563 for a total loss of$7,466 or an average of$2,488 per parcel; say $2,500. $2,500 X 160 PARCELS = $400,000 TOTAL POTENTIAL TAX LOSS Based on a potential loss of$400,000 each agency would have losses of over twice the amount of loss indicated in the 33% loss column. From the above calculations, under a"worst case scenario" where all properties within the project participate,property tax losses range from$180,865 at 33%to$274,037 at 50 %and, based upon three actual examples, total property tax loss could run to $400,000. We believe the loss based on actual examples is probably closest to the truth. Please keep in mind any of the tax loss estimates are for a single year and do not include 11% override for bonded indebtedness. The loss continues for the life of the contract and will actually be 11% per year greater than shown in the examples. The Assessor agrees with your staff that any of these "worst case scenarios" will probably not happen under your Council's current plans to admit only 160 properties; however, if future councils decide to admit the secondary grouping of 344 parcels, or make this a citywide/all property program, the impact would far exceed any of the above "worst case scenarios". MINIMUM TAX LOSS: For further consideration by your Council, let's assume that your staff report is correct and that the participation rate will be limited to only 100/6 to 15% of the current properties designated for this program. THAT WOULD MEAN THAT THE CITY IS CREATING A SPECIAL TAX RELIEF PROGRAM FOR ONLY 16 TO 24 PROPERTIES. We believe that regardless of the number of properties participating, the Assessor's actual example approach will serve as the most accurate estimate of property tax loss. 16 properties at $2,500 = $40,000 Total tax loss all agencies * 24 properties at $2,500 = $60,000 Total tax loss all agencies * (* Does not include 11% loss for bonded indebtedness) The tax loss to all agencies over a 10 year period will exceed $400,000 to $600,000. April 6, 1995 Page Five COUNTY COSTS: . The Assessor's Office will be required to reappraise each participating property on an annual basis. Initial costs to develop a separate program will approximate $5,000. Annual market rent studies will approximate $2,500. Each original set-up and appraisal per parcel is estimated at $180, and the annual revision is estimated at a cost of approximately $60 per parcel. For 16 parcels, the total initial cost is estimated at $11,400 with an annual maintenance cost of $3,400 to $3,500. For 24 parcels, the total initial cost is estimated at $12,800 with an annual maintenance cost of $3,900 to $4,000. No estimate has been made of the additional time required by Assessor's staff to answer public inquires or for the additional costs applied to properties that go through the assessment appeal process. ADDITIONAL CONSIDERATIONS: Besides the financial impact and the costs associated with developing a program which may be for a very small/limited number of owners, I believe your Council should give consideration to several other questions. 1. Based on our experience with similar programs, we believe the cost to the City for legal counsel (contracts), inspectors, providing information to the public, and presentation of each contract to the Council will be significant; at least several hundred dollars to initiate a contract and some type of on-going expenses to maintain the contracts, program, etc. 2. The City previously had a funded program to be used directly for maintenance. We understand this program was eliminated as a budget reduction based on non-necessity. 3. 'The City already has the planning tools to ensure that properties of historical significance are not allowed to be demolished, etc. 4. What restrictions can be enacted to prevent other properties from petitioning future councils for admission into the program? Based upon your attorney's statements during the last time this was considered, all properties within the City could be eligible for admission to the program. 1 April 6, 1995 Page Six ' 5. What assurances does the city have that the tax savings will be used to maintain the property? If there are no assurances, will this simply become a tax benefit for a few property owners with the tax loss being made up by all other tax payers? 6. There were indications that each contract would be specialized. If each contract is specialized, this.will be an expensive proposition and will also increase the amount of time required by Assessor's staff. We suggest that, if you adopt this program, the contract be standardized. 7. Once a contract has been signed, can that contract be modified? If so,what modifications would be allowed? 8. The City should consider an inspection program to ensure that those properties receiving the tax benefit are, in fact, being maintained in accordance with the ideals of this program. Has the City considered the cost of inspecting these properties and perhaps what will happen if the properties are not maintained? 9. Property owners entering the program must be.aware that severe penalties are applied if they attempt to remove the property prior to expiration of the contract. These penalties are paid directly to the State of California and do not benefit any local authority. There may be circumstances in which a property owner finds it economically necessary to cancel the contract,thus encountering the severe penalties. These penalties could exceed any tax savings made by the property owner. SUGGESTED ALTERNATIVES: Instead of adopting the Mills Act, the City could: A. Initiate a program whereby (based on an annual inspection) a property owner, who demonstrates proper maintenance of their historic property, could request reimbursement of the City's share of the property tax bill. B. Re-establish the pool of funds available to assist property owners with the costs of maintenance. Accept applications up to a set amount, say $500.00 annually, providing the owner show where the funds were spent. C. Invite the Historical Society to hold an annual event (Barbecue, open houses, etc.) with the proceeds going towards the maintenance of these properties. Perhaps the City could match the funds up to a set amount. April 6, 1995 Page Seven CONCLUSION: The argument is made that this tax reduction incentive will ensure that properties are properly maintained, thus increasing the value of surrounding properties and increasing the property tax base. In my 35 plus years as a real estate appraiser/investor, I do not believe that argument has .merit. Pride of ownership is not enhanced by tax savings, but by personal pride and the desire to maintain and improve an investment. This argument also fails to consider that neighboring properties, not in the program, can detract from general economic value by their design, use, or maintenance. If the Historic Property Tax Initiative Program is a tremendous success with the majority of properties entering the program, the tax loss to other agencies, and the expense. to-the City and the County for maintaining the restricted value, is significant If the program is as limited as your staff indicates,then the question should be, ARE THE TAX BENEFITS TO A FEW WORTH THE TAX LOSS AND THE COSTS OF IMPLEMENTATION? Aren't there better ways to achieve the same results? The City does not appreciate unfunded mandates, and the County Assessor agrees with that sentiment If your Council does direct your staff to proceed implementing the Mills Act, the County Assessor respectfully requests a method be established to reimburse the County for all expenses. Sincerely, DICK Re County Assessor c: David Romero, Vice-Mayor, City of San Luis Obispo Dodie Williams, Member, San Luis Obispo City Council Bill Roalman, Member, San Luis Obispo City Council Kathy Smith, Member, San Luis Obispo City Council Robert Hendrix, Administrator, San Luis Obispo County Rory Livingston, Assistant Superintendent, San Luis Coastal Unified School District DF:dvm I, TING AGENDA DATES-2-9S ITEM #= April 27, 1995 COUNGL CDD DIR ❑ FIN DIR CAO 13 FIRE CHIEF Mayor Settle and City Council Members EY ❑ PW DIR City of San Luis Obispo IV CUERKrORIG ❑ POUCE CHF 990 Palm Street ❑ MW TEAM ❑ REC DIR San Luis Obispo, CA ❑�/ FILE ❑ UTILDIR J• Q ❑ PERS DIR SUBJECT: Historic Preservation Tax Incentive Program Dear Mayor Settle and Members of the City Council: My wife and I own and live in a house that would be eligible for the proposed Historic Preservation Tax Incentive Program. This letter is undoubtedly self-serving, but we want to provide the Council with a personal perspective from one family that stands to benefit from the proposed Program. We know times are tough all over, but since we bought the Fitzpatrick house in 1993 (our first house: a $200,000, 2-bedroom fixer-upper with great curb appeal), we've watched our$1,000 monthly adjustable rate mortgage increase by nearly fifty percent to $1,500, while at the same time our expected total family earning potential has decreased because of personnel cutbacks with the State. Also, we now have child care expenses that we did not have before. What this means is that.we have not been able to carry out all of the home improvement plans we had when we bought the home, including seismic retrofit, removal of architectural inconsistencies, and landscape construction. _ We've calculated that with adoption of tite Program, our property taxes could be reduced by about$1,500 per year. We would be happy to provide assurance to the City that any money saved through the Program would be spent on home improvements that would preserve the historic integrity of the property. Your positive action on this item could help our family maintain and improve the safety and appearance of one of the City's oldesfwooden residences. Thank you in advance for your attention on this subject. If we can answer any questions about this letter, please feel free to call us at 542-0478. Sincerely, �S LcUd/f'L- Randy& Shayne LaVack 670 Islay San Luis Obispo, CA 93401 RECEIVED cc: Jeff Hook , , A 2 7 199) RECEIVED 'ANCITM�r4poon CA APR 2 7 1995 CIN CLERK SAN LUIS OBIB°^ C'`'