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SR - - POSSIBLE ADJUSTMENT TO FEE STRUCTURE1. SUBJECT Mills Act Program. 1 2. SUMMARY At their September 13, 2016 meeting, the City Council reviewed a report with a number of recommended changes to the Mills Act Program. The Council chose to eliminate the cap on new Mills Act Contracts approved annually. Previously, no more than 10 new contracts were approved each year. In addition, the City Council requested that staff provide additional information on the fees currently charged to Mills Act property owners to potentially offset the costs of program administration. 3. RECOMMENDED ACTION Provide staff with direction on a possible adjustment to the fee structure for Mills Act Contracts to offset the costs of five year inspections of Mills Act properties. 4. FISCAL IMPACT The application fee of $1,000 for each new Mills Act Contract offsets the cost of staff review of the application and the initial property inspection. The annual fee of $30 for each contract also offsets the cost of staff time for reviewing the annual progress report forms for each contract. However, the existing fee structure does not offset the staff costs of five year inspections of each Mills Act property. Under a change to the state legislation enabling the Mills Act program in 2012, Mills Act properties must be inspected once every five years. An inspection costs approximately $450 in staff time and /or consulting fees. Increasing the annual fee or establishing a new five year inspection fee could partially or totally offset the cost of ongoing administration and five -year inspections associated with the program. 1. STRATEGIC PLAN GOAL(S) Goal 5 Recognize, promote and preserve Orange's rich heritage. Strategy B Expand and strengthen processes and practices related to protection of cultural resources. 2. GENERAL PLAN IMPLEMENTATION Cultural Resources and Historic Preservation Element: Goal 3.0 Provide incentives and expand education efforts for historic preservation. Policy 3.2 Provide incentives to encourage and support historic preservation. 7. DISCUSSION and BACKGROUND Staff compiled information on the current costs of administration of the Mills Act Program, including the costs for five year inspections of all Mills Act properties and fees in comparable cities in the area. Property owners with Mills Act Contracts currently are required to pay two fees to offset costs of the program's administration: 1) $1,000 application fee. This is a one -time fee, non - refundable and payable at the time of application submittal 2) $30 annual fee. Payable in January each year that the contract is in effect Processing each new Mills Act Contract requires approximately 12 hours of staff time. This includes an on -site inspection where staff and the property owner discuss the current condition of the historic buildings and the Rehabilitation/Maintenance Plan that will be attached to the contract. The inspection gives the property owner the opportunity to ask questions about the responsibilities of the contract and plans that they have repairs and maintenance to the historic property. The inspection also allows staff to document the baseline condition of the historic property, to provide guidance for completing repairs that are in conformance with historic preservation standards, and to recommend rehabilitation items that should be a priority within the Rehabilitation/Maintenance Plan. As shown below, the $1,000 application fee approximately offsets the costs in staff time to process the application. Staff Costs for Processing New Application Staff Time Staff Time Costs Fee Collected 12 hours at $84 /hour $1,008 $1,000 ITEM 2 11/9/2016 To improve tracking of property owners' repairs and maintenance of their historic properties, staff implemented an annual progress reporting process for Mills Act properties. In January of each year, annual progress report forms are mailed to Mills Act property owners, along with an invoice for the $30 annual fee. Property owners are asked to document the rehabilitation and repair items that they have finished in the previous year, including photographs of the work, and return the form to staff. Staff review of each annual progress report form averages approximately 30 minutes. Similar to the Mills Act application fee, as shown below, the $30 annual fee approximately offsets the costs in staff time to review and file the annual progress report form for each Mills Act property. Staff Costs for Reviewing Annual Progress Report Form Staff Time Staff Time Costs Fee Collected 0.5 hours at $84/hour $42 $30 In 2012, the California Legislature amended the legislation that enables cities to establish a Mills Act Program. One of the changes implemented by the Legislature requires municipalities to conduct inspections of the interior and exterior of Mills Act properties once every five years to determine continued compliance with the terms of the contract. The inspections allow the City to confirm that the work on the Rehabilitation/Maintenance Plan attached to the contract was completed on the identified timeline and in conformance with the required historic preservation standards. The five year inspections also allow the property owner to ask questions about continued care and maintenance of their historic buildings. Qualified staff and /or consultants provide property owners with specific recommendations on their future plans for the property to ensure that the work represents the best historic preservation practices. The five -year inspections provide a service to the property owners with specialized assistance for the best way to preserve their properties. To continue providing this service, the five year inspections should either be conducted by qualified staff or by a qualified historic preservation consultant, meeting the Secretary of the Interior's Professional Qualifications Standards. Staff has begun implementing a five -year inspection program as required by the state Mills Act legislation. As current staffing level within the Community Development Department did not allow for inspections to be conducted by in -house staff, Jan Ostashay of Ostashay & Associates, Inc. was engaged to conduct the inspections in 2016. Working with staff, Ms. Ostashay created a standardized inspection report form for each property, including photographs, to document the condition of the property and completed repairs at the five year inspections. Ms. Ostashay has also worked with property owners to update their Rehabilitation/Maintenance Plans attached to their contracts. Properties with the oldest Mills Act contracts, approved in 1998 and 1999, are ITEM 3 11/9/2016 being inspected in 2016. Twenty -two properties have been inspected to date with the goal of inspecting 40 in 2016. The cost of one five -year inspection conducted by a qualified consultant is approximately $450. As the program increases in size, the number of five year inspections required each year will also increase. The City currently has 217 Mills Act Contracts. As such, the City should be conducting approximately 43 inspections per year at an annual cost of $19,350. Currently, that amount is not recovered. It is important to note that with the removal of the annual cap on new contracts, the total number of contracts will increase at a greater rate, and therefore, the number of inspections needed annually will also increase over the next decade. Based on staff's research, application fees for other cities in and around Orange County range from $0 to approximately $2,745. Orange's $1,000 application fee is in the middle of the range of application fees in surrounding cities. Other cities do not collect an annual fee for administration of their Mills Act Programs. As a result, many other cities have not yet been able to implement a plan for five year inspections of their Mills Act properties. Staff is seeking the Council's direction on options for potentially increasing the Mills Act Program fees to completely or partially offset the costs of the five year inspections. Options include: 1) Increase the annual fee up to $120 to offset the costs of both annual program administration and the five year inspections. 2) Establish a separate five year inspection fee up to $450, charged per property once every five years. The existing annual fee of $30 could remain the same. 3) No change to the existing fees. The City would absorb the costs of program administration and the five year inspections, in exchange for the significant investments by property owners in preserving historic resources in the community. 8. ATTACHMENTS 1. City Council Mills Act Staff Report, dated September 13, 2016 2. Table of Mills Act Fees in Comparable Cities CITY COUNCIL MINUTES NOVEMBER 9, 2016 7. ADMINISTRATIVE REPORTS 7.1 Mills Act Program. (C2300.I.2) City Manager Rick Otto introduced the item and Historic Planner Marissa Moshier gave a brief staff report and answered Council's questions regarding the current annual fee and proposed options. During discussion, Council agreed to leave the fee schedule as is. City Manager Otto stated that staff would bring this back to Council if future adjustments needed to be made. MOTION — Murphy SECOND — Alvarez AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Moved to not make any adjustments to the fee schedule at this time. 8. REPORTS FROM CITY MANAGER — None 9. LEGAL AFFAIRS 9.1 2016 Edition of the California Codes, Ordinance No. 09 -16 (SECOND READING) (A2500.0) An Ordinance of the City Council of the City of Orange amending Title 15 of the Orange Municipal Code adopting and amending the 2016 Editions of the California Codes and Related Model Codes with Appendices relating to the Building Codes. MOTION — Smith SECOND — Nichols AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Moved that Ordinance No. 09 -16 be read by title only and same was approved and adopted by the preceding vote. 10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE REDEVELOPMENT AGENCY — None PAGE 11