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RESOLUTION NO. 9993 (2008 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE 2007 -09 FINANCIAL PLAN SUPPLEMENT AND
ADOPTING THE 2008 -09 BUDGET
WHEREAS, the Council adopted the 2007 -09 Financial Plan on June 19, 2007, which
established comprehensive financial and policy guidelines for fiscal years 2007 -08 and 2008 -09;
and
WHEREAS, the 2007 -09 Financial Plan included appropriations for fiscal year 2008 -09;
and
WHEREAS, the Council has reviewed proposed changes to the 2007 -09 Financial Plan to
be effective for fiscal year 2008 -09 after holding noticed public hearings; and
WHEREAS, the City Administrative Officer has submitted the 2007 -09 Financial Plan
Supplement and Preliminary 2008 -09 Budget to the Council for their review and consideration.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis
Obispo hereby approves the 2007 -09 Financial Plan Supplement and adopts the 2008 -09 Budget.
Upon motion of Council Member Settle, seconded by Council Member. Mulholland, and
on the following vote:
AYES: Council Member Carter, Vice Mayor Brown, and Mayor Romero
NOES: Council Members Mulholland and Settle
ABSENT: None
The foregoing resolution was adopted on this 3'a day of June 2008.
0 ?
Mayor David F. Romero
ATTEST:
APPROVED AS TO FORM:
Jonat an P. Vwell
City A ey
R 9993
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RESOLUTION NO. 9992 (2008 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING
A QUITCLAIM DEED RELINQUISHING THE CITY'S INTEREST IN AN EASEMENT
CONVEYED SUBJECT TO AN AGREEMENT FOR USE AND MAINTENANCE OF
WELL AND APPURTENANT FACILITIES
(3600 SOUTH HIGUERA STREET)
WHEREAS, on or about May 10, 1979, the City entered into an Agreement for Use and
Maintenance of Well and Appurtenant Facilities ( "Agreement ") with the owner of the property at
3600 South Higuera Street, 84 Lumber Company; and
WHEREAS, pursuant to that Agreement, 84 Lumber Company conveyed an easement to
the City for the exclusive use of a well and appurtenant facilities; and
WHEREAS, pursuant to the Agreement, the City's rights and obligations under said
Agreement terminated the City's permanent cessation of use of the subject well and facilities for
agricultural irrigation purposes; and
WHEREAS, such permanent cessation has occurred and the Agreement directs that the
City abandon the easement.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The City's use of the facilities that are the subject of the Agreement for Use
and Maintenance of Well and Appurtenant Facilities, entered into on or about May 10, 1979
between the City and 84 Lumber Company, has permanently ceased.
SECTION 2. The Mayor, on behalf of the City of San Luis Obispo, shall execute, and the
City Clerk shall cause to be recorded, a quitclaim deed, as set forth in Exhibit "A" attached hereto
and incorporated herein by this reference, relinquishing the City's interest in the easement
conveyed by 84 Lumber Company in conjunction with the Agreement.
Upon motion of Council Member Carter, seconded by Vice Mayor Brown, and on the
following vote:
AYES` Council Members Carter, Mulholland, and Settle, Vice Mayor Brown and
Mayor Romero
NOES' None
ABSENT: None
R 9992
Resolution No. 9992 (2008 Series)
Page 2
The foregoing resolution was adopted this 3`d day of June 2008.
Mayor David F. Romero
ATTEST:
Audrey He
City Clerk
APPROVED AS TO FORM:
Jo than P. well
City rney
IT pf
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO: .
City Clerk
CITY OF SAN LUIS OBISPO
990 Palm Street
San Luis Obispo, CA 93401
This document is recorded for the benefit of the City of San Luis Obispo, a Municipal Corporation, and is exempt
from fee per Government Code Sections 27383.
APN: 053- 051 -043
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the City of
San Luis Obispo, a political subdivision in the State of California, does hereby release, remise and forever
quitclaim unto 84-Lumber Company all interest, if any, in that certain real property commonly known as 3600
South Higuera Street, located in the City of San Luis Obispo, County of San Luis Obispo, State of California,
described as follows:
An easement in the City and County of San Luis Obispo, State.of California, for water well and appurtenance
facilities over a portion of Lot 15 of the San Luis Obispo Suburban Tract, recorded June 13, 1979 as Document
No. 26657 of Official Records.
The purpose of this deed is to extinguish all rights ONLY in that certain easement, described above, granted in
favor of the City of San Luis Obispo.
City of San Luis Obispo:
By: L2� Dated: 41,tO/ , 2008
David F. Romero, Mayor
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RESOLUTION NO. 9991 (2008 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING THE APPROPRIATIONS LIMIT FOR 2008 -09
WHEREAS, the voters approved the Gann Spending - Limitation Initiative on November 6,
1979 and Proposition 111 on June 5, 1990, which establish and define annual appropriation limits on
state and local government agencies; and
WHEREAS, regulations require that the governing body of each local agency establish its
appropriations limit and annual adjustment factors by resolution; and
WHEREAS, the required calculations to determine the City's appropriations limit and
estimated appropriations subject to limitation for 2008 -09 have been performed by the Department
of Finance & Information Technology and are available for public review.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis
Obispo hereby adopts the City's appropriations limit and annual adjustment factors for 2008 -09 as
follows:
Appropriations Limit: 2007 -08 $45,286,40
Cost of Living Factor: Percent change in California per capita income 4.29°/
Population Factor: County Population Growth 1.12°/
Compound Percentase Factor (multiplicative not additive) 5.46°/
Appropriations Limit: 2008-09 $479759,00q
Upon motion of Council Member Carter, seconded by Vice Mayor Brown, and on the
following vote:
AYES: Council Members Carter, Mulholland and Settle, Vice Mayor Brown and
Mayor Romero
NOES: None
ABSENT: None
R 9991
Resolution No. 9991 (2008- b'eries)
Page 2
The foregoing resolution was adopted on this 3`d day of June 3 2008.
Mayor David F. Romero
ATTEST:
Audrey Hoop
City Clerk
APPROVED AS TO FORM:
onathan . Lowell
City ttorney
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RESOLUTION NO. 9990 (2008 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SETTING
NEW SALARIES FOR THE MAYOR AND COUNCIL MEMBERS
WHEREAS, Charter Section 410 provides for compensation and reimbursement of
expenses for the Mayor and Council Members and establishes -a procedure for a biennial review by
a five - member Council Compensation Committee; and
WHEREAS, a five - member Council Compensation Committee was appointed and has
met and reviewed Mayor and Council Member compensation in accordance with the procedure
provided by the Charter; and
WHEREAS, the Council Compensation Committee has determined that the purpose of
Council Compensation should be clearly stated in Council Policies and Procedures; and
WHEREAS, the Council Compensation Committee has further determined that the
present criteria for compensation remain valid. However, an adjustment is now appropriate
particularly in light of the significant demands associated with the official duties of the Mayor and
Council Members.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis
Obispo as follows:
Section 1, Chapter 2 of the Council Policies and Procedures shall be amended to include
the following statement in its introductory paragraph:
In recognition of Council's service to the community, a salary is provided to compensate
for substantial time demands. However, this salary is not intended to be a sustaining
income.
Section 2, Chapter 2.1 of the Council Policies and Procedures shall be amended to read as
follows:
Effective the first full payroll period in January 2009, compensation for services
rendered in an official capacity shall be provided as follows: Mayor and Members
of the City Council shall receive a 6% increase resulting in a monthly salary of
$1,2 72 for the Mayor and $1,060 per month for the Council Members.
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Resolution No. 9990 (2008 Series)
Page 2
On motion of Council Member Carter, seconded by Vice Mayor Brown, and on the following roll
call vote:
AYES: Council Member Carter, Vice Mayor Brown and Mayor Romero
NOES: Council Members Mulholland and Settle
ABSENT: None
The foregoing resolution was adopted this 3Td day of June 2008.
`�
Mayor David F. Romero
ATTEST:
Audrey Hooper
City Clerk 0
APPROVED AS TO FORM:
JoiathanjeZowell
Ci tomey
0 0
RESOLUTION NO. 9989 (2008 Series)
A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO ADDING
PROPERTY LOCATED AT 1333 MILL STREET TO THE MASTER LIST OF
HISTORIC RESOURCES AND APPROVING AN HISTORIC PROPERTY
PRESERVATION AGREEMENT BETWEEN THE CITY COUNCIL
OF THE CITY OF SAN LUIS OBISPO, IN THE COUNTY OF SAN LUIS OBISPO,
STATE OF CALIFORNIA, AND PIERRE AND TERRI RADEMAKER,
OWNERS OF A DESIGNATED HISTORIC RESOURCE
AT 1333 MILL STREET, SAN LUIS OBISPO
WHEREAS, in 1983 the City Council adopted Resolution No. 5197 establishing the
"Master List of Historic Resources ", and in 1986 adopted Resolution No. 6097 establishing
Historical Preservation Guidelines, including procedures for adding properties to the listing; and
WHEREAS, as provided by adopted procedures, the Cultural Heritage Committee held a
public hearing on March 24, 2008, to consider a request by Pierre and Terri Rademaker, owners at
1333 Mill Street, to add said property to the Master List of Historic Resources and enter into a
Mills Act historic property preservation agreement; and
WHEREAS, the Cultural Heritage Committee reviewed the historical documentation on
the property and recommended that the City Council add the property to the Master List and
approve a Mills Act contract; and
WHEREAS, the City Council of the City of San Luis Obispo is authorized by California
Government Code Section 50280 et seq. (Known as "the Mills Act ") to enter into contracts with
the owners of qualified historical properties to provide for appropriate use, maintenance, and
rehabilitation such that these historic properties retain their historic characteristics; and
WHEREAS, the City Council has adopted Resolution No. 9136 (2000 Series),
establishing the Mills Act Historic Property Tax Incentive Program as an on -going historic
preservation program to promote the preservation, maintenance and rehabilitation of historic
resources through financial incentives; and
WHEREAS, the City Council of the City of San Luis Obispo has designated this property
as a historic resource of the City of San Luis Obispo pursuant to the policies in the City's Historic
Preservation Program Guidelines; and
WHEREAS, the City and owners, for their mutual benefit, now desire to enter into this
agreement to limit the use of the property to prevent inappropriate alterations and to ensure that
character - defining features are preserved and maintained in an exemplary manner, and repairs
and/or improvements are completed as necessary to carry out the purposes of California
Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Sec. 50280 et seq., and to
qualify for an assessment of valuation pursuant to Article 1.9, Sec. 439 et. seq. of the Revenue and
Taxation Code.
...�.
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Resolution No. 9989 (2008 Series)
Page 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. Historic Preservation Agreement approved. The City Council hereby approves
the attached historic preservation agreement (Exhibit A) between the City of San Luis Obispo and
the owners, Pierre and Terri Rademaker, running with the property located at 1333 Mill Street,
San Luis Obispo (Burch House), with the following legal description: City of San Luis Obispo,
Block 42, Portion of Lot 2 (Assessor's Parcel Number 001- 223 -004).
SECTION 2. Environmental Determination. The City Council has determined that this
historic preservation agreement is not a project, as defined by Section 15378 of the California
Environmental Quality Act and is exempt from environmental review.
SECTION 3. Recordation of the Agreement. No later than twenty (20) days after the parties
execute and enter into said agreement, the City Clerk shall cause this agreement to be recorded in
the Office of the County Recorder of the County of San Luis Obispo.
Upon motion of Council Member Carter, seconded by Vice Mayor Brown, and on the following
roll call vote:
AYES: Council Members Carter, Mulholland, and Settle, Vice Mayor Brown and Mayor
Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 3`d day of June 2008.
eoA e
Mayor David F. Romero
ATTEST:
— �.� d4� , &,.ell
Audrey Hoop r
City Clerk
v
HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN
LUIS OBISPO AND THE OWNERS OF HISTORIC PROPERTY LOCATED AT 1333 MILL
STREET, IN THE CITY AND COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA.
THIS AGREEMENT is made and entered into this L-' day of A ,4 cis -' _, 2008, by and between
the City of San Luis Obispo, a municipal corporation (hereinafter referred to as the "City "), and Pierre
and Terri Rademaker (hereinafter referred to as "Owners "), and collectively referred to as the "parties."
Section 1. Description of Preservation Measures. The owners, their heirs, or assigns hereby agree to
undertake and complete, at their expense, the preservation, maintenance, and improvements measures
described in "Exhibit A" attached hereto.
Section 2. Effective Date and Term of Agreement. This agreement shall be effective and commence
upon recordation and shall remain in effect for an initial term of ten (10) years thereafter. Each year
upon the anniversary of the agreement's effective date, such initial term will automatically be extended
as provided in California Government Code Section 50280 through 50290 and in Section 3, below.
Section 3. Agreement Renewal and Non - renewal.
a. Each year on the anniversary of the effective date of this agreement (hereinafter referred to as
"annual renewal date"), a year shall automatically be added to the initial term of this agreement
unless written notice of nonrenewal is served as provided herein.
b. If the Owner or the City desires in any year not to renew the agreement, the Owner or the City
shall serve written notice of nonrenewal of the agreement on the other party. Unless such notice
is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or
served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1)
year shall automatically be added to the term of the agreement as provided herein.
c. The Owner may make a written protest of the notice. The City may, at any time prior to the
annual renewal date, withdraw its notice to the Owner of nonrenewal.
d. If either the City or the Owner serves notice to the other party of nonrenewal in any year, the
agreement shall remain in effect for the balance of the term then remaining.
Section 4. Standards and Conditions. During the term of this agreement, the historic property shall
be subject to the following conditions:
a. Owner agrees to preserve, maintain, and, where necessary, restore or rehabilitate the property
and its character- defining features, including: the building's general architectural form, style,
materials, design, scale, proportions, organization of windows, doors, and other openings;
interior architectural elements that are integral to the building's historic character or significance-,
exterior materials, coatings, textures, details, mass, roof line, porch, and other aspects of the
appearance of the building's exterior, as described in Exhibit A, to the satisfaction of the
Community Development Director or his designee.
b. If the building's interior closely relates to the property's eligibility as a qualified historic
property, the Owner agrees to allow pre - arranged tours on a limited basis, to the approval of the
Community Development Director or his designee.
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c. All building changes shall comply with applicable City specific plans, City regulations and
guidelines, and conform to the rules and regulations of the Office of Historic Preservation of the
California Department of Parks and Recreation, namely the U.S. Secretary of the Interior's
Standards for Rehabilitation and Standards and Guidelines for Historic Preservation Projects.
Interior remodeling shall retain original, character - defining architectural features such as oak and
mahogany details, pillars and arches, special tile work, or architectural ornamentation to the
greatest extent possible.
d. The Community Development Director shall be notified by the Owner of changes to character -
defining exterior features prior to their execution, such as major landscaping projects and tree
removals, exterior door or window replacement, repainting, remodeling, or other exterior
alterations requiring a building permit. The Owner agrees to secure all necessary City approvals
and/or permits prior to changing the building's use or commencing construction work.
e. Owner agrees that property tax savings resulting from this agreement shall be used for property
maintenance and improvements as described in Exhibit A.
f. The following are prohibited: demolition or partial demolition of the historic building or
accessory buildings; exterior alterations or additions not in keeping with the standards listed
above; dilapidated, deteriorating, or unrepaired structures such as fences, roofs, doors, walls,
windows; outdoor storage of junk, trash, debris, appliances, or furniture visible from a public
way; or any device, decoration, structure, or vegetation which is unsightly due to lack of
maintenance or because such feature adversely affects, or is visually incompatible with, the
property's recognized historic character, significance, and design as determined by the
Community Development Director.
g. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and
exterior of the historic property by representatives of the County Assessor, the State Department
of Parks and Recreation, the State Board of Equalization, and the City as may be necessary to
determine the owners' compliance with the terms and provisions of this agreement.
Section 5. Furnishing of Information. The Owner hereby agrees to furnish any and all information
requested by the City which may be necessary or advisable to determine compliance with the terms and
provisions of this agreement.
Section 6. Cancellation.
a. The City, following a duly - noticed public hearing by the City Council as set forth in Government
Code Section 50285, may cancel this agreement if it determines that the Owner has breached any
of the conditions of this agreement or has allowed the property to deteriorate to the point that it
no longer meets the standards for a qualified historic property; or if the City determines that the
Owner has failed to preserve, maintain, or rehabilitate the property in the manner specified in
Section 4 of this agreement. If a contract is cancelled because of failure of the Owner to
preserve, maintain, and rehabilitate the historic property as specified above, the Owner shall pay
a cancellation fee to the State Controller as set forth in Government Code Section 50286, which
states that the fee shall be 12 1h% of the full value of the property at the time of cancellation
without regard to any restriction imposed with this agreement.
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b. If the historic property is acquired by eminent domain and the City Council determines that the
acquisition frustrates the purpose of the agreement, the agreement shall be cancelled and no fee
imposed, as specified in Government Code Section 50288.
Section 7. Enforcement of Agreement.
a. In lieu of and/or in addition to any provisions to cancel the agreement as referenced herein, the
City may specifically enforce, or enjoin the breach of, the terms of the agreement. In the event
of a default, under the provisions to cancel the agreement by the Owner, the City shall give
written notice of violation to the Owner by registered or certified mail addressed to the address
stated in this agreement. If such a violation is not corrected to the reasonable satisfaction of the
Community Development Director or designee within thirty (30) days thereafter; or if not
corrected within such a reasonable time as may be required to cure the breach or default of said
breach; or if the default cannot be cured within thirty (30) days (provided that acts to cure the
breach or default may be commenced within thirty (30) days and shall thereafter be diligently
pursued to completion by the Owner); then the City may, without further notice, declare a default
under the terms of this agreement and may bring any action necessary to specifically enforce the
obligations of the Owner growing out of the terms of this agreement, apply to any court, state or
federal, for injunctive relief against any violation by the owners or apply for such relief as may
be appropriate.
b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel
this agreement. All other remedies at law or in equity which are not otherwise provided for in
this agreement or in the City's regulations goveming historic properties are available to the City
to pursue in the event that there is a breach or default under this agreement. No waiver by the
City of any breach or default under this agreement shall be deemed to be a waiver of any other
subsequent breach thereof or default herein under.
c. By mutual agreement, City and Owner may enter into mediation or binding arbitration to resolve
disputes or grievances growing out of this contract.
Section 8. Binding Effect of Agreement. The Owner hereby subjects the historic property located at
1333 Mill Street, San Luis Obispo, California, to the covenants, reservations, and restrictions as set forth
in this agreement. The City and Owner hereby declare their specific intent that the covenants,
reservations, and restrictions as set forth herein shall be deemed covenants running with the land and
shall pass to and be binding upon the Owner's successors and assigns in title or interest to the historic
property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the
historic property or any portion thereof, shall conclusively be held to have been executed, delivered, and
accepted subject to the covenants, reservations, and restrictions expressed in this agreement regardless
of whether such covenants, restrictions, and reservations are set forth in such contract, deed, or other
instrument.
Section 9. Notice. Any notice required by the terms of this agreement shall be sent to the address of the
respective parties as specified below or at other addresses that may be later specified by the parties
hereto.
To City: Community Development Director
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
o
To Owners: Pierre Rademaker
Terri Rademaker
1333 Mill Street
San Luis Obispo, CA 93401
Section 10. General Provisions.
a. None of the terms, provisions, or conditions of this agreement shall be deemed to create a
partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall
such terms, provisions, or conditions cause them to be considered joint ventures or members of
any joint enterprise.
b. The Owner agrees to hold the City and its elected and appointed officials, officers, agents, and
employees harmless from liability for damage or from claims for damage for personal injuries,
including death, and claims for property damage which may arise from the direct or indirect use
or activities of the Owner, or from those of their contractor, subcontractor, agent, employee, or
other person acting on the Owner's behalf which relates to the use, operation, maintenance, or
improvement of the historic property. The Owner hereby agrees to and shall defend the City and
its elected and appointed officials, officers, agents, and employees with respect to any and all
claims or actions for damages caused by, or alleged to have been caused by, reason of the
Owner's activities in connection with the historic property, excepting however any such claims
or actions which are the result of the sole negligence or willful misconduct of City, its officers,
agents, or employees.
c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged
to have been suffered, and costs of defense incurred, by reason of the operations referred to in
this agreement regardless of whether or not the City prepared, supplied, or approved the plans,
specifications, or other documents for the historic property.
d. All of the agreements, rights, covenants, reservations, and restrictions contained in this
agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs,
successors, legal representatives, assigns, and all persons acquiring any part or portion of the
historic property, whether by operation of law or in any manner whatsoever.
e_ In the event legal proceedings are brought by any party or parties to enforce or restrain a
violation of any of the covenants, reservations, or restrictions contained herein, or to determine
the rights and duties of any party hereunder, the prevailing party in such proceeding may recover
all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief
ordered by the court.
f. 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.
g. This agreement shall be construed and governed in accordance with the laws of the State of
California.
Section 11. Amendments. This agreement may be amended, in whole or in part, only by a written
recorded instrument executed by the parties hereto.
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Section 12. Recordation and Fees. 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 San Luis Obispo. Participation in the program shall be at no cost to the
Owner; however the City may charge reasonable and necessary fees to recover direct costs of executing,
recording, and administering the historical property contracts.
IN WITNESS WHEREOF, the City and Owners have executed this agreement on the day and
year written above.
CITY OF SAN LUIS OBISPO
Mayor David F. Romero
OWNERS
Pierre Rademaker
Terri Rademaker
STATE O ALIFORNIA )
) ss.
COUNTY OF LUIS OBISP )
On this day of
and for said State, pe nally appeared _
the City of San Luis Obi o, a municipal
of California.
,z5v
2008,
existing
- /4{— S
Date
Date
• i r ,
Date
me, the un rsigned, a Notary Public in
laio o me to be a mayor of
organized un r the laws the State
Witness my hAo and official seal.
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STATE OF CALIFORNIA )
)Ss
COUNTY OF SAN LUIS OBISPO )
On August 14 2008 before me Audrey Hooper, City Clerk, personally appeared David F.
Romero , Mayor, CITY OF SAN LUIS OBISPO, who proved to me on the basis of satisfactory
evidence to be the person( whose name(J6 is/are subscribed to the within instrument and
acknowledged to me that he /she>tey executed the same in his&MlMetr authorized capacity(iA),
and that by his/herf it signatur on the instrument the person(, or the entity upon behalf of
which the person(,] acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct-
WITNESS my hand and official seal.
Signature
a-1 64�� -
CAy Clerk
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State of California
County of L.L--�s 5bd'sp /� // !
On OPT --Q before me, Lr
Dffie Here Insert Name tl Title of Ne O
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personally appeared
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(sliefare subscribed to the
within instrument and acknowledged to me that
,h(90-6(hey executed the same in Jaiiv a heir authorized
capacity(ies), and that by pk*lef7their signature(s) on the
-- instrument the person(s), or the entity upon behalf of
lA1IRIE L. MANSON which the person(s) acted, executed the instrument.
Commudon * I "1155
notary two - Cdltoma
&in Luis OwWo County I certify under PENALTY OF PERJURY under the laws
ppmn M 1:4, 7Gi2 of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal
Signature f
Place Notary Seal Ab0Ve Signature Of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Dociumentp,
Title or Type of Document: 0.14 ex H
Document Date: &I AR `1-1; Number of Pages:
Signer(s) Other Than Named Above: _ 1%4.4 a
Capacity(ies) Claimed by Signer(s)
Signer's Name: Pr
Individual
Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact Top of thumb here
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name: ]J'r"t !l /4 �e-n a-L r
,Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact Top of thumb here
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY
LOCATED AT 1333 MILL STREET, SAN LUIS OBISP09 CALIFORNIA
1. Owner shall preserve, maintain, and repair the historic building, including its character - defining
architectural features in good condition, to the satisfaction of the Community Development Director or
designee, pursuant to a Mills Act Preservation Contract with the City of San Luis Obispo for property
located at 1333 Mill Street. Character - defining features shall include, but are not limited to: roof,
eaves, dormers, trim, porches, walls and siding, architectural detailing, doors and windows, window
screens and shutters, balustrades and railings, foundations, and surface treatments.
2. Owner agrees to make the following improvements and/or repairs during the term of this contract
but in no case later than ten (10) years from the contract date. All changes or repairs shall be consistent
with the City's Historic Preservation Program Guidelines and the Secretary of the Interior's Standards
for the Treatment of Historic Properties:
a. Remove 1950's stucco overlay on lower level.
b. Restore original hand - applied pebble -dash stucco texture.
c. Restore and repaint all wood window sashes and trim.
d. Restore and repaint remaining exterior woodwork.
e. Install properly- designed copper gutters.
f. Replace cracked driveway with red brick pavers.
g. Replace sewer lateral to the street.
h. Install new front yard irrigation system.
i. Re -sod and re- landscape front yard and parkway.
j. Remove grape stake fencing and replace with period- appropriate material.
k. Replace aluminum garage door with appropriately- designed units.
1. Re -roof garage and replace rotted rafter tails and fascia boards.
m. Replace damaged rear stairs and decks.
n. Install appropriate exterior lighting.
OWNERS
• Rademiaker
Terri Rademaker
Date
S— F- -08'
Date
0 0
RESOLUTION NO. 9988 (2008 Series)
A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO
APPROVING A HISTORIC PROPERTY PRESERVATION AGREEMENT
BETWEEN THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO,
IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AND
MATTHEW QUAGLINO, OWNER OF A DESIGNATED HISTORIC RESOURCE
AT 1266 MILL STREET, SAN LUIS OBISPO
WHEREAS, the City Council of the City of San Luis Obispo is authorized by California
Government Code Section 50280 et seq. (Known as "the Mills Act ") to enter into contracts with
the owners of qualified historical properties to provide for appropriate use, maintenance, and
rehabilitation such that these historic properties retain their historic characteristics; and
WHEREAS, the City Council has adopted Resolution No. 9136 (2000 Series),
establishing the Mills Act Historic Property Tax Incentive Program as an on -going historic
preservation program to promote the preservation, maintenance and rehabilitation of historic
resources through financial incentives; and
WHEREAS, the owner possesses fee title in and to that certain qualified real property,
together with associated structures and improvements thereon, located on Assessor's Parcel
Number 001- 212 -024, located at 1266 Mill Street, San Luis Obispo, California 93401, also
described as the "historic Shipsey House ", (hereinafter referred to as the "historic property"); and
WHEREAS, the City Council of the City of San Luis Obispo has designated this property
as an historic resource of the City of San Luis Obispo pursuant to the policies in the City's
Historic Preservation Program Guidelines; and
WHEREAS, the City and owners, for their mutual benefit, now desire to enter into this
agreement to limit the use of the property to prevent inappropriate alterations and to ensure that
character- defining features are preserved and maintained in an exemplary manner, and repairs
and/or improvements are completed as necessary to carry out the purposes of California
Government Code, Chapter 1, Part 5 of Division I of Title 5, Article 12, Sec. 50280 et seq., and to
qualify for an assessment of valuation pursuant to Article 1.9, Sec. 439 et. seq. of the Revenue and
Taxation Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. Historic Preservation Agreement approved. The City Council hereby approves
the attached historic preservation agreement between the City of San Luis Obispo and the owners,
Exhibit A.
SECTION 2. Environmental Determination. The City Council has determined that this
historic preservation agreement is not a project, as defined by Section 15378 of the California \
Environmental Quality Act and is exempt from environmental review.
--
G O
Resolution No. 9988 (2008 Series)
Page 2
SECTION 3. Recordation of the Agreement. No later than twenty (20) days after the parties
execute and enter into said agreement, the City Clerk shall cause this agreement to be recorded in
the Office of the County Recorder of the County of San Luis Obispo.
Upon motion of Council Member Carter, seconded by Vice Mayor Brown, and on the
following roll call vote:
AYES: Council Members Carter, Mulholland, and Settle, Vice Mayor Brown and Mayor
Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this eday of June 2008.
Mayor David F. Romero
ATTEST:
Audrey Ho
City Clerk
APPROVED:
Jo athan P. well
Cit mey
0 0
HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN
LUIS OBISPO AND THE OWNERS OF HISTORIC PROPERTY LOCATED AT 1266 MILL
STREET, IN THE CITY AND COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA.
THIS AGREEMENT is made and entered into this _ff�day of , 2008, by and between the
City of San Luis Obispo, a municipal corporation (hereinafter referred to as the "City "), and Matthew
and Joyce Quaglino (hereinafter referred to as "Owners "), and collectively referred to as the "parties."
Section 1. Description of Preservation Measures. The owners, their heirs, or assigns hereby agree to
undertake and complete, at their expense, the preservation, maintenance, and improvements measures
described in "Exhibit A" attached hereto.
Section 2. Effective Date and Term of Agreement. This agreement shall be effective and commence
upon recordation and shall remain in effect for an initial term of ten (10) years thereafter. Each year
upon the anniversary of the agreement's effective date, such initial term will automatically be extended
as provided in California Goverment Code Section 50280 through 50290 and in Section 3, below.
Section 3. Agreement Renewal and Non - renewal.
a. Each year on the anniversary of the effective date of this agreement (hereinafter referred to as
"annual renewal date', a year shall automatically be added to the initial term of this agreement
unless written notice of nonrenewal is served as provided herein.
b. If the Owner or the City desires in any year not to renew the agreement, the Owner or the City
shall serve written notice of nonrenewal of the agreement on the other party. Unless such notice
is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or
served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1)
year shall automatically be added to the term of the agreement as provided herein.
c. The Owner may make a written protest of the notice. The City may, at any time prior to the
annual renewal date, withdraw its notice to the Owner of nonrenewal.
d. If either the City or the Owner serves notice to the other party of nonrenewal in any year, the
agreement shall remain in effect for the balance of the term then remaining.
Section 4. Standards and Conditions. During the term of this agreement, the historic property shall
be subject to the following conditions:
a. Owner agrees to preserve, maintain, and, where necessary, restore or rehabilitate the property
and its character - defining features, including: the building's general architectural form, style,
materials, design, scale, proportions, organization of windows, doors, and other openings;
interior architectural elements that are integral to the building's historic character or significance;
exterior materials, coatings, textures, details, mass, roof line, porch, and other aspects of the
appearance of the building's exterior, as described in Exhibit A, to the satisfaction of the
Community Development Director or his designee.
b. If the building's interior closely relates to the property's eligibility as a qualified historic
property, the Owner agrees to allow pre - arranged tours on a limited basis, to the approval of the
Community Development Director or his designee.
0 0
c. All ,building changes shall comply with applicable City specific plans, City regulations and
guidelines, and conform to the rules and regulations of the Office of Historic Preservation of the
California Department of Parks and Recreation, namely the U.S. Secretary of the Interior's
Standards for Rehabilitation and Standards and Guidelines for Historic Preservation Projects.
Interior remodeling shall retain original, character - defining architectural features such as oak and
mahogany details, pillars and arches, special tile work, or architectural ornamentation to the
greatest extent possible.
d. The Community Development Director shall be notified by the Owner of changes to character -
defining exterior features prior to their execution, such as major landscaping projects and tree
removals, exterior door or window replacement, repainting, remodeling, or other exterior
alterations requiring a building permit. The Owner agrees to secure all necessary City approvals
and/or permits prior to changing the building's use or commencing construction work.
e. Owner agrees that property tax savings resulting from this agreement shall be used for property
maintenance and improvements as described in Exhibit A.
f. The following are prohibited: demolition or partial demolition of the historic building or
accessory buildings; exterior alterations or additions not in keeping with the standards listed
above; dilapidated, deteriorating, or unrepaired structures such as fences, roofs, doors, walls,
windows; outdoor storage of junk, trash, debris, appliances, or furniture visible from a public
way; or any device, decoration, structure, or vegetation which is unsightly due to lack of
maintenance or because such feature adversely affects, or is visually incompatible with, the
property's recognized historic character, significance, and design as determined by the
Community Development Director.
g. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and
exterior of the historic property by representatives of the County Assessor, the State Department
of Parks and Recreation, the State Board of Equalization, and the City as may be necessary to
determine the owners' compliance with the terms and provisions of this agreement.
Section 5. Furnishing of Information. The Owner hereby agrees to furnish any and all information
requested by the City which may be necessary or advisable to determine compliance with the terms and
provisions of this agreement.
Section 6. Cancellation.
a. The City, following a duly- noticed public hearing by the City Council as set forth in Government
Code Section 50285, may cancel this agreement if it determines that the Owner has breached any
of the conditions of this agreement or has allowed the property to deteriorate to the point that it
no longer meets the standards for a qualified historic property; or if the City determines that the
Owner has failed to preserve, maintain, or rehabilitate the property in the manner specified in
Section 4 of this agreement. If a contract is cancelled because of failure of the Owner to
preserve, maintain, and rehabilitate the historic property as specified above, the Owner shall pay
a cancellation fee to the State Controller as set forth in Government Code Section 50286, which
states that the fee shall be 12 `` /z% of the full value of the property at the time of cancellation
without regard to any restriction imposed with this agreement.
M
M
b. If the historic property is acquired by eminent domain and the City Council determines that the
acquisition frustrates the purpose of the agreement, the agreement shall be cancelled and no fee
imposed, as specified in Government Code Section 50288.
Section 7. Enforcement of Agreement.
a. In lieu of and/or in addition to any provisions to cancel the agreement as referenced herein, the
City may specifically enforce, or enjoin the breach of, the terms of the agreement. In the event
of a default, under the provisions to cancel the agreement by the Owner, the City shall give
written notice of violation to the Owner by registered or certified mail addressed to the address
stated in this agreement. If such a violation is not corrected to the reasonable satisfaction of the
Community Development Director or designee within thirty (30) days thereafter, or if not
corrected within such a reasonable time as may be required to cure the breach or default of said
breach; or if the default cannot be cured within thirty (30) days (provided that acts to cure the
breach or default may be commenced within thirty (30) days and shall thereafter be diligently
pursued to completion by the Owner); then the City may, without further notice, declare a default
under the terms of this agreement and may bring any action necessary to specifically enforce the
obligations of the Owner growing out of the terms of this agreement, apply to any court, state or
federal, for injunctive relief against any violation by the owners or apply for such relief as may
be appropriate.
b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel
this agreement. All other remedies at law or in equity which are not otherwise provided for in
this agreement or in the City's regulations governing historic properties are available to the City
to pursue in the event that there is a breach or default under this agreement. No waiver by the
City of any breach or default under this agreement shall be deemed to be a waiver of any other
subsequent breach thereof or default herein under.
c. By mutual agreement, City and Owner may enter into mediation or binding arbitration to resolve
disputes or grievances growing out of this contract.
Section 8. Binding Effect of Agreement. The Owner hereby subjects the historic property located at
1266 Mill Street, San Luis Obispo, California, to the covenants, reservations, and restrictions as set forth
in this agreement. The City and Owner hereby declare their specific intent that the covenants,
reservations, and restrictions as set forth herein shall be deemed covenants running with the land and
shall pass to and be binding upon the Owner's successors and assigns in title or interest to the historic
property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the
historic property or any portion thereof, shall conclusively be held to have been executed, delivered, and
accepted subject to the covenants, reservations, and restrictions expressed in this agreement regardless
of whether such covenants, restrictions, and reservations are set forth in such contract, deed, or other
instrument.
Section 9. Notice. Any notice required by the terms of this agreement shall be sent to the address of the
respective parties as specified below or at other addresses that may be later specified by the parties
hereto.
To City: Community Development Director
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
0 0
To Owners: Matthew and Joyce Quaglino
643 Grove Street
San Luis Obispo, CA 93401
Section 10. General Provisions.
a. None of the terms, provisions, or conditions of this agreement shall be deemed to create a
partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall
such terms, provisions, or conditions cause them to be considered joint ventures or members of
any joint enterprise.
b. The Owner agrees to hold the City and its elected and appointed officials, officers, agents, and
employees harmless from liability for damage or from claims for damage for personal injuries,
including death, and claims for property damage which may arise from the direct or indirect use
or activities of the Owner, or from those of their contractor, subcontractor, agent, employee, or
other person acting on the Owner's behalf which relates to the use, operation, maintenance, or
improvement of the historic property. The Owner hereby agrees to and shall defend the City and
its elected and appointed officials, officers, agents, and employees with respect to any and all
claims or actions for damages caused by, or alleged to have been caused by, reason of the
Owner's activities in connection with the historic property, excepting however any such claims
or actions which are the result of the sole negligence or willful misconduct of City, its officers,
agents, or employees.
c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged
to have been suffered, and costs of defense incurred, by reason of the operations referred to in
this agreement regardless of whether or not the City prepared, supplied, or approved the plans,
specifications, or other documents for the historic property.
d. All of the agreements, rights, covenants, reservations, and restrictions contained in this
agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs,
successors, legal representatives, assigns, and all persons acquiring any part or portion of the
historic property, whether by operation of law or in any manner whatsoever.
e. In the event legal proceedings are brought by any party or parties to enforce or restrain a
violation of any of the covenants, reservations, or restrictions contained herein, or to determine
the rights and duties of any party hereunder, the prevailing party in such proceeding may recover
all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief
ordered by the court.
f. 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.
g. This agreement shall be construed and governed in accordance with the laws of the State of
California.
Section 11. Amendments. This agreement may be amended, in whole or in part, only by a written
recorded instrument executed by the parties hereto.
C
Section 12. Recordation and Fees. 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 San Luis Obispo. Participation in the program shall be at no cost to the
Owner, however the City may charge reasonable and necessary fees to recover direct costs of executing,
recording, and administering the historical property contracts.
IN WITNESS WHEREOF, the City and Owners have executed this agreement on the day and
year written above.
CITY OF SAN LUIS OBISPO
Mayor David F. Romero
OWNERS
y
Z ;i ��"
Matthew Quaglino
J yae Q ino
TE OF CALIFQI
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this
and for sai St
the City of
of California.
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OBISPO )
day
Luis Obispo, a
Sr - lq— k
Date
e-- &— 6?
Date
Date
2008, before me,1ke undersi ed, a Notary Public in
own to to be the mayor of
>�existing and organi2h under the4aws of the State
Witness my hand and official seal.
C O
STATE OF CALIFORNIA )
)ss
COUNTY OF SAN LUIS OBISPO )
On August 14 2008 before me Audrey Hoover, City Clerk, personally appeared David F.
Romero. Mayor, CITY OF SAN LUIS OBISPO, who proved to me on the basis of satisfactory
evidence to be the personKwhose name(o is/am- subscribed to the within instrument and
acknowledged to me that heMieAhep executed the same in his/hmttheir authorized capacity(
and that by his&ertthvinstrument ir signature(4on the ins the person(i6, or the entity upon behalf of
which the person( #acted, executed the instrument.
I cff* under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS .my hand and official seal.
Signature
- C' ' lerk
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State of California
County of �)6 n Ly,&-a OhcpC !
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personally appeared
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who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s)- 4a'are subscribed to the
within instrument and acknowledged to me that
.IaelsheLthey executed the same in+hs;,%er/their authorized
capacity(ies), and that by hisi4 (their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature .4
Place Notary Seal ADmo ule Notary Public
OPTIONAL '
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer— Title(s): _
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIG.. TTHUMBPRINT
OF SIGNER
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT.THUNISPRINT
OF SIGNER
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EXHIBIT A
MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY
LOCATED AT 1266 MILL STREET, SAN LUIS OBISPO, CALIFORNIA
1. Owner shall preserve, maintain, and repair the historic building, including its character - defining
architectural features in good condition, to the satisfaction of the Community Development Director or
designee, pursuant to a Mills Act Preservation Contract with the City of San Luis Obispo for property
located at 1266 Mill Street. Character - defining features shall include, but are not limited to: roof,
eaves, dormers, trim, porches, walls and siding, architectural detailing, doors and windows, window
screens and shutters, balustrades and railings, foundations, and surface treatments.
2. Owner agrees to make the following improvements and/or repairs during the term of this contract
but in no case later than ten (10) years from the contract date. All changes or repairs shall be consistent
with the City's Historic Preservation Program Guidelines and the Secretary of the Interior's Standards
for the Treatment of Historic Properties:
a. Replace and/or repair roof to match the original architecture of the house.
b. Repair or replace the exterior siding and trim with new materials where necessary. New
materials shall match that of the original materials.
c. Repair or replace windows as necessary; replacement windows shall match the architectural and
material standards of the original windows.
d. Repair any termite damage as required.
e. Remove the modern exterior stair access to the second floor and replace with period- appropriate
stairs.
f. Paint the exterior of the building to match historic exterior finish treatments. All painted
surfaces shall be properly prepared, Primed, and painted with high- quality exterior paints.
g. Landscape the grounds with period- appropriate landscape design and materials, including the
removal of the existing 6- foot -high fence and asphalt walkways. Install automatic irrigation
system.
h. Install street trees as directed by the City Arborist.
i. Install concrete/brick walkways and rear -yard patios with Victorian-period designs.
OWNERS
Matthew Quaglino
,` If
J e Q glino
V -CY 0p
Date
— K— d b
Date
Date
o
RESOLUTION NO. 9987 (2008 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING COLLECTION OF FEES FOR 2008 -09 FIRE AND LIFE SAFETY
INSPECTIONS OF MULTI- DWELLING PROPERTIES CONTAINING THREE OR
MORE DWELLING UNITS ON THE SECURED PROPERTY TAX ROLL
WHEREAS, the City of San Luis Obispo is required by California Health & Safety Code
Section 17921 annually to inspect multi- dwelling properties containing three or more dwelling
units, including apartments, certain residential condominiums, hotels, motels, lodging houses and
congregate residences; and
WHEREAS, California Health & Safety Code Section 13146 authorizes cities to charge
property owners in recovering the reasonable costs of providing these annual inspections; and
WHEREAS, in accordance with this policy, the Council adopted Resolution Nos. 9799
(2006 Series) and 9889 (2007 Series) updating the master fee schedule, as specifically set forth in
"Exhibit A" hereto, and authorizing the collection of these fees on the secured property tax roll;
and
WHEREAS, the Council desires to continue collection of these fees on the secured
property tax roll for 2008 -09.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that pursuant to California Health & Safety Code Section 13146.2(b) and Municipal
Code Section 3.50, the Council hereby authorizes and directs that Fire and Life Safety Inspection
fees shall be collected on the secured property tax roll for fiscal year 2008 -09. A listing of fees
by assessor's parcel number shall be provided to the County Auditor - Controller for collection on
the 2008 -09 secured property tax roll in accordance with their schedule and data format
requirements.
Upon motion of Council Member Carter, seconded by Vice Mayor Brown, and on the
following roll call vote:
AYES: Council Members Carter, Mulholland, and Settle, Vice Mayor Brown and
Mayor Romero
NOES: None
ABSENT: None
C� �J
Resolution No. 9987 (2008 Series)
Page 2
The foregoing resolution was adopted this 3`d day of June 2008.
Mayor David F. Romero
ATTEST:
APPROVED AS TO FORM:
Jo athan P. well
Ci orney
O' O
Resolution No. 9987 (2008 Series)
Page 3
EXHIBIT A
Apartment Houses
$28.00 per unit per year
Administrative fee of $65.00 per year per facility
$10,000 maximum per property
Fees are waived for units that are built, owned and managed by the San Luis Obispo Housing
Authority, other governmental agencies or not - for -profit housing organizations.
Hotels, Motels, Lodging Houses, Bed & Breakfast Facilities, Youth Hostel Facilities, Senior
Facilities, Sororities, Fraternities and Other Congregate Residences
I to 30 units $200 per year per facility
31 to 80 units $300 per year per facility
More than 80 units $400 per year per facility
These fees are applicable to all multi - dwelling units in the City based on the following
definitions as set forth in the 2007 California Building Code, Chapters 2 and 3.
Apartment house is a residential occupancy containing more than two dwelling units where the
occupants are primarily permanent in nature.
Congregate residence is any building or portion thereof that contains facilities for living,
sleeping and sanitation, as required by this code, and may include facilities for eating and
cooking, for occupancy by other than a family. A congregate residence may be a shelter,
convent, monastery, dormitory, fraternity or sorority house, but does not include jails, hospitals,
nursing homes, hotels, or lodging houses.
Dwelling unit is a single unit providing complete, independent living facilities for one or more
persons including permanent provisions for living, sleeping, eating, cooking, and sanitation.
Hotel or Motel is any building containing six or more guest rooms intended or designed to be
used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping
purposes by guests.
Lodging house is any building or portion thereof containing not more than five guest rooms
where rent is paid in money, goods, labor or otherwise. (A lodging house includes bed &
breakfast facilities and hostels, but excludes single family dwellings).
RESOLUTION NO. 9986 (2008 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADDING PROPERTY LOCATED AT 1052 ISLAY STREET TO THE MASTER LIST
OF HISTORIC RESOURCES AND REMOVING IT FROM THE LIST OF
CONTRIBUTING HISTORIC RESOURCES
WHEREAS, in 1983 the City Council adopted Resolution No. 5197 establishing the
"Master List of Historic Resources ", and in 1986 adopted Resolution No. 6097 establishing
historical preservation program guidelines, including procedures for adding properties to the
listing; and
WHEREAS, as provided by adopted procedures, the Cultural Heritage Committee held a
public hearing on March 24, 2008 to consider a request by Leeanne Singleton, on behalf of
Michael and Sharon Singleton, owners of 1052 Islay Street, to add said property to the Master
List of Historic Resources; and
WHEREAS, said property was being considered for historic status, in part, because of its
architectural style, craftsmanship and aesthetic quality, and environmental design continuity with
its neighborhood setting; and
WHEREAS, at said meeting, the Cultural Heritage Committee reviewed the historical
documentation on the property and recommended that the City Council add the property to the
Master List; and
WHEREAS, this City Council considered this recommendation during an advertised
public hearing on May 06, 2008, pursuant to historic preservation guidelines established by
Council Resolution No. 6157 (1987 Series).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo based on the Cultural Heritage Committee's recommendation, documentation for the
property on file in the Community Development Department, public testimony, the staff report,
and on the City's Historical Preservation Program Guidelines, as follows:
SECTION 1. Findings. The building located at 1052 Islay Street meets the Historic
Preservation Program Guidelines criteria for historic listing as a Master List Property based on
the following findings:
1. The structure is an excellent example of a Neo- Classic Row House architectural style,
and has been restored and its original architectural style and structural integrity have been
maintained.
2. The property is located in a highly visible location of the Old Town Historic District and
reflects and reinforces the unique "rowhouse" setting of that part of the City.
3. The property is associated with prominent citizens who have made significant
contributions to the City through their association with government, the railroad, or civic
Resolution No.. 9986 (2008 eries)
Page 2
groups, namely: Dr. Howard Kirtland, Charles Gates, James Leavitt, and Albert and
Mary Kaufman.
4. The house serves as an example of structures in the Old Town Historic District which
were home to many of San Luis Obispo's citizens that worked for the Southern Pacific
Railroad Company and occupies its original site.
SECTION 2. Addition to Master List of Historic Resources. The property and buildings
located at 1052 Islay Street, to be known as "The Kaufinan House ", are hereby added to the
Master List of Historic Resources, based on historic documentation on file in the Community
Development Department, as described in Exhibit A.
SECTION 3. Environmental Determination.. The City Council has determined that the above
action does not constitute a project, as defined by Section 15378 of the California Environmental
Quality Act and is exempt from environmental review.
SECTION 4. Publish Revised Master List of Historic Resources. The Community
Development Director is hereby directed to amend the Master List of Historic Resources to
include the property listed above and to publish a revised Inventory of Historic Resources for
public distribution.
SECTION 5. Recording of Historic Properties. The Community Development Director is
hereby directed to record the property's historic designation with the County Recorder, pursuant
to State Law.
Upon motion of Vice Mayor Brown, seconded by Council Member Carter, and on the
following roll call vote:
AYES: Council Members Carter, Mulholland, and Settle, Vice Mayor Settle and Mayor
Romero
NOES: None
ABSENT: None
Resolution No. 9986 (2008'Series)
Page 3
The foregoing resolution was adopted this 6`h day of May 2008.
Mayor David F. Romero
ATTEST:
Audrey Hodper
City Clem
APPROVED:
Jonathan P. ell
City ey
Resolution No. 9986 (2008 eries)
Page 4
EXHIBIT A
LEGAL DESCRIPTION OF HISTORIC PROPERTY
Following is a legal description of the property added to the City of San Luis Obispo's
Master List of Historic Resources, by City Council Resolution No. (2008 Series):
1052 Islay Street. (Kaufman House)
City of San Luis Obispo, Dallidet Addition, Block 172, Portion of Lots 16 to 18
(Assessor's Parcel Number (APN #) 003 - 544 -016). Owners: Michael and Sharon
Singelton.
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RESOLUTION NO. 9985 (2008 Series)
A. RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING LAGUNA LAKE GOLF COURSE FEES
WHEREAS, it is the policy of the City of San Luis Obispo to review program fees on an
ongoing basis; and
WHEREAS, fees are adjusted as required to ensure they remain equitable and adequate
to cover the cost of providing services; and
WHEREAS, an analysis of the Golf Course Fund was performed for 2008 -09 and
presented to the Council for its consideration on May 20, 2008.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Effective July 1, 2008, green fees shall be as follows:
LAGUNA LAKE GOLF COURSE FEES
SECTION 2. The fees for the driving range, wholesale goods, lessons, and other special
activities and promotions shall be set by the Director of Parks & Recreation and the Golf Course
Supervisor.
R 9985
I' 9 -holes
2 "" 9 -holes
Senior /Youth/Student Weekdays:
(Monday through Thursday)
$7.00
$4.75
General Weekdays:
(Monday through Thursday)
$9.00
$4.75
Senior /Youth/Student Weekends:
(Friday through Sunday)
$8.00
$4.75
General Weekends:
(Friday through Sunday)
$10.00
$4.75
Senior /Youth/Student
10-Play Card:
$62.50
General 10-Play Card:
$77.50
Twilight Rate:
$6.25
SECTION 2. The fees for the driving range, wholesale goods, lessons, and other special
activities and promotions shall be set by the Director of Parks & Recreation and the Golf Course
Supervisor.
R 9985
V / v
Resolution No. 9985 (2008 Series)
Page 2
Upon motion of Vice Mayor Brown, seconded by Council Member Mulholland, and on
the following roll call vote:
AYES: Council Members Carter, Mulholland, and Settle, Vice Mayor Brown and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted on this 201h day of May 2008.
Z� �L LC ��
Mayor Dave F. Romero
ATTEST:
APPROVED AS TO FORM:
Lowell
City Attomey
o o
RESOLUTION NO. 9984 (2008 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT NO. 2808
(153 STENNER STREET)
WHEREAS, the City Council made certain findings concerning the vesting tentative map
for Tract 2865, as prescribed in Resolution No. 9829 (2006 Series), and
WHEREAS, the subdivider has completed all required subdivision improvements or
submitted surety bonds to guarantee installation of the required subdivision improvements as
shown on the approved plans, and all fees have been received, as prescribed in the subdivision
agreement, and
WHEREAS, all conditions required per said Resolution No. 9829 (2006 Series) will be
met prior to or concurrent with final recordation of the map.
NOW THEREFORE BE IT RESOLVED AS FOLLOWS:
1. That the final map for Tract No. 2808, as shown on the attached Exhibit "A" is
found to be in substantial compliance with the tentative map.
2. The subdivision agreement for Tract No. 2808 as shown on the attached Exhibit `B"
is hereby approved.
3. Approval of the final map is hereby granted.
Upon motion of Council Member Settle, seconded by Council Member Mulholland, and on
the following roll call vote:
AYES: Council Members Carter, Mulholland, and Settle, Vice Mayor Brown and
Mayor Romero
NOES: None
ABSENT: None
1;;1dfl1
Resolution No. 9984 (2008 Senes)
Page 2
The foregoing resolution was passed and adopted this 20`h day of May 2008.
r
• E. • ' • • -
ATTEST:
Audrey Hooper
City Clerk
APPROVED AS TO FORM:
J nathan well
Ci omey
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SUBDIVISION AGREEMENT
EXHIBIT 8
THIS AGREEMENT is dated this 2:� day of In,4 ✓ 200 'by and
between Ocean Ridge Development Group, LLC, a California Limited Liability Company,
herein referred to as "Subdivider," and the CITY OF SAN LUIS OBISPO, herein referred to
as the "City."
RECITALS
REFERENCE IS HEREBY MADE to that certain proposed subdivision of real
property in the City of San Luis Obispo, County of San Luis Obispo, State of California, a
description of which is shown on the Final Map of Tract 2808, City of San Luis Obispo,
-Ct'q
California, as approved by the City Council on the day of ? �, 200'K
The Subdivider desires that said Tract No. 2808 be accepted and approved as a
Final Map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 16
of the San Luis Obispo Municipal Code), and
It is a condition of said regulations that the Subdivider agree to install the
improvements as set forth on the plans therefore.
TERMS AND CONDITIONS:
In consideration of the foregoing,, the Subdivider does hereby agree to construct
and install the following subdivision improvements in accordance with said subdivision
regulations, and in accordance with approved plans and specifications on file in the office
of the City Engineer, City of San Luis Obispo, to wit:
1. CURB, GUTTERS AND SIDEWALKS
2. STREET BASE AND SURFACING
X
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3. WATER MAINS and SEWER MAINS, including sewer laterals and water services
4. LANDSCAPING
5. DRAINAGE STRUCTURES
6. STREET LIGHTS
7. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to the
inspection and approval of such facilities by the City, each public utility shall be
required to file a letter stating that the developer has properly installed all facilities to
be provided by him, and that the said utility is prepared to provide service to
residents upon request.
8. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by City
regulations.
All of the above facilities shall be installed in the locations designated and to the plans and
specifications on file and approved by the City.
The lines and grades for all of said improvements shall be established by the
Subdivider in accordance with said approved plans and specifications.
The Subdivider agrees that all of the above improvements shall be completed to the
satisfaction of the City prior to map recordation.
No building permits will be issued nor occupancy granted after the expiration date
of the agreement until completion and acceptance of all subdivision improvements unless
specifically approved by the City.
The Subdivider does also agree to comply with the conditions established by the
Planning Commission and/or the City Council and has paid the necessary fees as
indicated on the attached Exhibits 1 and 2.
The restoration of lost section comers and retracement of section lines within the
Subdivision shall be in accordance with Article 5, paragraph 8771 et seq., of the
0
Professional Land Surveyors Act, Chapter 15 of the Business and Professions Code of the
State of California.
The estimated cost of the required subdivision improvements is $313,000.
Subdivider agrees to remedy any defects in the improvements arising from faulty
workmanship or materials or defective construction of said improvements occurring within
twelve (12) months after final inspection approvals for all permits authorizing the
improvements. Subdivider has submitted a security in the amount of $31,300, which is
10% of the estimated cost of the required subdivision improvements, that amount being
deemed sufficient to guarantee faithful performance by the Subdivider of his obligation to
remedy any defects in the improvements arising within a period of one year following the
completion and acceptance thereof.
Completion of the work shall be deemed to have occurred on the date final
inspection approvals have been granted for all permits authorizing the improvements.
Neither periodic nor progress inspections or approvals shall bind the City to accept said.
improvements or waive any defects in the same or any breach of this agreement.
Title 16 of the San Luis Obispo Municipal Code, entitled "Subdivision," all plans and
specifications on file with said City Engineer as a part of said Subdivision Map, and all
other documents filed with the City by the Subdivider and approved by the City are hereby
referred to for further particulars in interpreting and defining the obligations of the
Subdivider under this agreement.
Pursuant to Government Code Section 66474.9(b), the subdivider shall defend,
indemnify and hold harmless the City and/or its agents, officers and employees from
0 0
any claim, action or proceeding against the City and /or its agents, officers or employees
to attack, set aside, void or annul, the approval by the City of this subdivision, and all
actions relating thereto, including but not limited to environmental review.
It is understood and agreed by and between the Subdivider and the City hereto that
this agreement shall bind the heirs, executors, administrators, successors and assigns of
the respective Parties to this agreement.
It is agreed that the Subdivider will fumish copies of the successful bidder's contract
unit prices and total bid prices for all of the improvements herein referred to.
IN WITNESS WHEREOF, this agreement has been executed by:
CITY OF SAN LUIS OBISPO
MAYOR David F. Romero
�� a�G.! l
i. ...-
APPROVED AS TO FORM:
CITY ORNEY Jonathan P. Lowell
SUBDIVIDER
Ocean Ridge Development Group, LLC,
a California IVimited Liability Company
It's:
J
EXHIBIT 1
TRACT 2808
SUBDIVISION AGREEMENT
O
1. Park -in -lieu fees have been paid, as listed in the attached EXHIBIT 2.
2. Water and sewer impact fees shall be paid at time of building permits through the
Community Development Department per the fee schedule in effect at that time.
3. Transportation impact fees shall be paid at time of building permits through the Community
Development Department per the fee schedule in effect at that time.
4. The subdivider shall comply with all requirements of Council Resolution No. 9829 (2006
Series) approving the tentative map.
K
EX WIT 2
TRACT 2808- FEE AND BOND LIST
Amount Form Date Received
Bonds mid Guarmuees:
101/o Warranty and Defective Material
$31,300
Letter of Credit
5/7108
Monument Guaramee
N/A
Monuments to be
set prior to Wrap
recordation
Fees:
Map Check Fee
S-3,6-9,0-
Check
6/1/07
Plan Check Fee
N/A
Improvement Plan Inspection
N/A
Park In -Lieu Fee'
$22,691
Credit Card
5/7108
Water Impact Fee'
To be paid at time
of building permit
Wastewaterlmpact Fee'
To be paid at time
of building permit
Transportation Impact Fee'
To be paid at time
of building permit
1 All Impact Fees are adjusted annually (July 1) based on CPI. Credit given for demolished units.
O O
RESOLUTION NO. 9983 (2008 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADDING 2243 SANTA YNEZ TO THE MASTER LIST OF HISTORIC RESOURCES AND
PROPERTIES LOCATED AT 2859 405, AND 495 BUENA VISTA, 398 SAN MIGUEL, 2102,
2122, AND 2160 LOOMIS TO THE CONTRIBUTING PROPERTIES LIST OF HISTORIC
RESOURCES.
WHEREAS, in 1983 the City Council adopted Resolution No. 5197 establishing the "Master List
of Historic Resources" and "Contributing Properties List" (collectively referred to as "Historic Resources "),
along with procedures for adding properties to the listing; and
WHEREAS, on April 28, 2008, the Cultural Heritage Committee held a public hearing to consider
recommending to the City Council the addition of eight properties in the City of San Luis Obispo to the
Historic Resource List due to their historical and/or architectural significance to their neighborhood and to
the community; and
WHEREAS, at said meetings, the Cultural Heritage Committee reviewed the historical
documentation on the property of 2243 Santa Ynez and recommended that the City Council add the
property to the Master List of Historic Resources; and
WHEREAS, at said meetings, the Cultural Heritage Committee reviewed the historical
documentation on the following properties and recommended that the City Council add these properties to
the Contributing Properties List of Historic Resources:
1. 285, 405, and 495 Buena Vista
2. 398 San Miguel
3. 2102, 2122, and 2160 Loomis
WHEREAS, this City Council considered this recommendation at an advertised public meeting on
May 20, 2008 pursuant to historic preservation guidelines established by Council Resolution No. 6157
(1987 Series).
NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo that
based on the Cultural Heritage Committee's recommendation, documentation as described in the Historical
Resource Inventory for each property, on file in the Community Development Department, public
testimony, the staff report, and on the City's Historic Preservation Program Guidelines the following:
SECTION 1. Addition to the Master List of Historic Resources. The property located at 2243 Santa
Ynez has been found to meet the eligibility criteria for inclusion on the Master List of Historic Resources
due to its unique design and exceptional masonry craftsmanship, and is hereby added to the Master List of
Historic Resources as a Type 5 property, and shall be designated as the historic "Faulstich House."
SECTION 2. Addition to Contributing Properties List. The following properties have been found to
contribute to the historic and architectural character of the City and to meet the criteria for inclusion on the
Contributing Properties List due to their age, retention of original architectural character, and contribution
to the architectural and historical character of the Monterey Heights neighborhood and are hereby deemed
Contributing Properties:
Resolution No. 9983 (2008 Series)
Page 2
1. 285, 405, and 495 Buena Vista
2. 398 San Miguel
3. 2102, 2122, and 2160 Loomis
SECTION 3. Environmental Determination. The City Council hereby determines that this action is not
a "project" as defined in Article 20 of the California Environmental Quality Act (CEQA) since it does not
have the potential for resulting in a physical change in the environment, and therefore, is not subject to
environmental review requirements.
SECTION 4. Publish Revised Contributing Properties List. The Community Development Director is
hereby directed to amend the Contributing Properties and Master Lists to include the properties listed above
and to publish revised historic resource listings for public distribution.
SECTION 5, Recording of Historic Properties. The City Clerk is hereby directed to record the
properties' historic designation with the County Recorder, pursuant to State Law.
On motion of Council Member Settle, seconded by Council Member Mulholland and
on the following roll call vote:
AYES: Council Members Carter, Mulholland, and Settle, Vice Mayor Brown and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 20th day of May 2008.
S
Mayor David F. Romero
ATTEST:
Audrey Ho
o
City Clerk
APPROVED AS TO FORM:
Jo 4g !well
City Attorney
RESOLUTION NO. 9982 (2008 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AN AMENDMENT TO THE MITCHELL PARK MASTER PLAN TO
REFLECT A CHANGE OF USE IN THE AREA DESIGNATED FOR A SPECIALTY
GARDEN TO ALLOW FOR A PARKING LOT
WHEREAS, the Master Plan for the renovation and improvement of Mitchell Park was
adopted by the City Council by its Resolution No. 9235 (2001 Series) on October 2, 2001; and
WHEREAS, as part of the 2007 -09 Financial Plan, the City Council established a. Major
City Goal to enhance senior citizen facilities through improvements to the current senior center
in Mitchell Park, and the pursuit of plans for a future senior center; and
WHEREAS, the work program established for the Major City Goal includes a capital
improvement project to construct a parking lot behind the Senior Center in Mitchell Park in an
area designed in the Mitchell Park Master Plan for a specialty garden; and
WHEREAS, in accordance with the California Environmental Quality Act Guidelines,
a Negative Declaration of environmental impact, dated March 26, 2008; was prepared, and
WHEREAS, the Mitchell Park Master Plan should be amended to reflect a change of
use for the project site from a specialty garden to a parking lot.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San
Luis Obispo that it hereby adopts the Negative Declaration and amends the Mitchell Park
Master Plan, as approximately depicted in Exhibit A.
Upon motion of Vice Mayor Brown, seconded by Council Member Carter, and on the
following roll call vote:
AYES: Council Member Carter, Vice Mayor Brown and Mayor Romero
NOES: Council Members Mulholland and Settle
ABSENT: None
Resolution No. 9982 (200a 0 cries) O
Page 2
The foregoing resolution was adopted this 6h day of May 2008.
� 7
Mayor David F. Romero
ATTEST:
,q�, x �-, 'e-� L/, - �/-- — - - /- Z
Audrey Hooper
City Clerk
APPROVED AS TO FORM:
Jo athan P owell
City orney
EXHIBIT
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RESOLUTION NO. 9981 (2008 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT NO. 2832
(1063 Ella Street)
WHEREAS, the City Council made certain findings concerning Tract 2832, as
prescribed in Resolution No. 9801 (2006 Series); and
WHEREAS, the City Council approved the final map for Tract 2832 pursuant to
Resolution No. 9918 (2007 Series); and
WHEREAS, the subdivider has satisfactorily completed the public improvements for
Tract 2832, in accordance with City standards, specifications and the approved plans, and has
requested acceptance of the public improvements for maintenance and operation by the City.
The private improvements have been completed per plan; and
WHEREAS, the subdivider has satisfactorily completed the private improvements for
Tract 2832, in accordance with City standards, specifications and the approved plans, and has
requested that the city certify completion of these private improvements.
NOW THEREFORE, BE IT RESOLVED, the City Council hereby accepts the public
improvements and certifies completion of the private improvements for Tract 2832.
On motion of Vice Mayor Brown, seconded by Council Member Carter and on the
following vote:
AYES: Council Members Carter, Mulholland, and Settle, Vice Mayor Brown and Mayor
Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 6`n day of May 2008.
Mayor David F. Romero
ATTEST:
/ 03
Audrey Hooper
City Clerk
APPROVED AS TO FORM:
J natha . Lowell
City Attorney
LN
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RESOLUTION NO. 9980 (2008 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING ACCEPTANCE OF AN OPEN SPACE AND PUBLIC ACCESS
EASEMENT ON REAL PROPERTY
WHEREAS, San Luis Obispo Lodge #322, Benevolent and Protective Order of Elks of
the United States of America, ( "Grantor ") is the owner in fee simple of certain real property in
the City of San Luis Obispo County; California, described as Assessor's Parcel Number 053 -011-
026 ( "the "Property "); and
WHEREAS, portions of said Property possess high natural resource values, scenic open
space values, public recreational values, and importance for stormwater management
(collectively, the "Conservation Values ") of great importance to Grantor, the people of the City
of San Luis Obispo, and the people of the State of California; and
WHEREAS, Grantor intends that the conservation values of said portions of the Property
be preserved and maintained by the continuation of currently existing land use patterns; and
WHEREAS, Grantor further intends, as owner of the Property, to convey to the City of
San Luis Obispo the right to preserve, protect, and manage the conservation values of said
portions of the Property in perpetuity; and
WHEREAS, the City of San Luis Obispo is a chartered municipal corporation of the
State of California that is authorized by law to accept Open Space and Public Access Easements;
and
WHEREAS, the City of San Luis Obispo agrees by accepting this gift to honor the
intentions of Grantor stated herein and to preserve and protect in perpetuity the conservation
values of said portions of the Property for the benefit of this generation and the generations to
come.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis
Obispo hereby:
Authorizes acceptance of the offer of donation of an Open Space and Public
Access Easement from San Luis Obispo Lodge #322, Benevolent and
Protective Order of Elks of the United States of America, covering a portion
of Assessor's Parcel Number 053 -011 -026, subject to non - substantive
changes approved by the City Attorney.
2. Authorizes and directs the Mayor to accept said Open Space and Public
Access Easement on behalf of the City of San Luis Obispo.
-6 1
0 0
Resolution No. 9980 (2008 Series)
Page 2
On motion of Vice Mayor Brown, seconded by Council Member Carter and on the
following vote:
AYES: Council Members Carter, Mulholland, and Settle, Vice Mayor Brown and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 6`h day of May 2008.
Mayor David T. Romero
ATTEST:
dm�& 2a-.
Audrey Ho er
City Clerk
APPROVED AS TO FORM:
J ath Lowell
City Attorney
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City Clerk's Office
CITY OF SAN LUIS OBISPO
990 Palm St-eet
San Luis Obispo, CA 93401
JULIE RODL _ALD IF
San Luis Obispo County— Clerk/Recorder 11IRM008
Recorded at the request of 2:31 PM
Public
uoc #: 2009059165
I
Titles: 1
Pages: 14
Fees
0.00
Taxes
0.00
Others
0.00
PAID
$0.00
This document is recorded for the benefit of the City of San Luis Obispo, A Municipal
Corporation, and is exempt from fee per Government Code Sections 27383.
OPEN SPACE AND PUBLIC ACCESS EASEMENT AGREEMENT BETWEEN
SAN LUIS OBISPO ELKS LODGE AND THE CITY OF SAN LUIS OBISPO
ejef
LJ
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of San Luis Obispo
Attn: City Clerk
990 Palm Street
San Luis Obispo, CA 93401 -3249
OPEN SPACE AND PUBLIC ACCESS EASEMENT AGREEMENT
This Open Space and Public Access Easement Agreement, made and entered into
This 2 I day of Oc hL"Aer ,2009, by and between SAN LUIS OBISPO LODGE
#322, BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF THE UNITED
STATES IF AMERICA, a California corporation, hereinafter called "Owner ", and the
CITY OF SAN LUIS OBISPO, a municipal corporation of the State of California.
Hereinafter called "City ", is made in regard to the following.
RECITALS
WHEREAS, Owner possesses certain property (the "Subject Property") situated
within the City of San Luis Obispo, described in Exhibit "A ", attached hereto and
incorporated herein, identified as 222 Elks Lane, in the City of San Luis Obispo,
California; and
WHEREAS, the Subject Property has certain natural resources, scenic beauty and
existing openness of importance to the community, including a portion of San Luis
Obispo Creek, and
N
N
WHEREAS, the Subject Property is also the identified route of a non - motorized
trail, known as the Bob Jones Trail, whose development and proper use is a high priority
of the citizens of the City, and
WHEREAS, both Owner and City desire to preserve, conserve, and properly
manage for the public benefit the biological diversity, scenic beauty and existing
openness and other natural conditions on the Subject Property, and
WHEREAS, both Owner and City recognize that the Subject Property requires
expert maintenance in balancing environmental concerns with the need for management
of stormflows occurring within San Luis Obispo Creek from time to time, and
WHEREAS, the Owner has offered to dedicate this open space and public access
easement to preserve the above described values by restricting Owner's use of and
activities on the Subject Property and permitting City's proper use thereof through the
imposition of a perpetual easement with the terms and conditions hereinafter set forth.
NOW THEREFORE, in consideration of the above recitals, in compliance with
Chapter 6.6 of Part 1 of Division 1 of title 5 of the Government Code of the State of
California commencing with Section 51070, and in further consideration of the mutual
promises, covenants and the conditions herein contained and the substantial public
benefits to be derived therefrom, the parties agree as follows:
E
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1. Owner hereby grants to City an open space and public access easement (the
' Easement's over the portion of the Subject Property (the `Basement Area ")
described in Exhibit `B" attached hereto and incorporated herein. Said grant
of easement conveys to City an estate and interest in the Subject Property.
The purpose of the easement is to protect said biological diversity, natural
scenic beauty and existing openness and other natural conditions, and to
permit the proper management and enjoyment thereof, by voluntarily
restricting the use of the Easement Area as hereinafter set forth. In accepting
said Easement, City hereby accepts the obligation, at its sole cost to:
a. protect and maintain the health of the natural environment found within
the Easement Area, and to provide for appropriate public access to the
Easement Area for public use, education, and enjoyment, and
b. take all actions reasonable and necessary actions to protect the Easement
Area and the Subject Property from erosion created by the San Luis
Obispo Creek
2. The restrictions hereby imposed upon the use of the Easement Area by Owner
and the acts which Owner shall refrain from doing upon the Easement Area
are, and shall be, as follows:
a. Any structure(s), sign(s), or billboard(s) that exist within the Easement
Area at this time can be. maintained and modified as permitted by City
regulations.
C
b. No new sign(s), billboard(s), or similar structure(s) may be located on or
in the Easement Area, except as permitted by City regulations.
c. Owner shall not plant or permit to be planted any vegetation within the
Easement Area, except for erosion control, fire protection, or soil
stabilization as allowed or approved by the City's Natural Resources
Manager or his/her designee.
d. Owner shall not remove or permit to be removed any vegetation within the
Easement Area, except as reasonably necessary for fire protection, hazard
abatement, stormflow management, or replacement or removal of dead
vegetation, as allowed or approved by the City's Natural Resources
Manager or his/her designee.
e. No extraction of surface or subsurface natural resources, or collection of
water, for transfer off of the subject property shall be allowed.
f. Functioning of the Easement Area for wildlife habitat, other benefits to the
natural environment, for stormwater management, and for proper public
use and enjoyment (specifically a non - motorized pedestrian and bicycle
trail) shall take precedence. over all other uses, and public and private
access to the Easement Area shall be controlled by City. Fencing and
signage indicating -the boundaries of the Easement Area and for public
safety or habitat protection shall be installed by City and kept in good
condition. Signage shall be as approved by the Natural Resources
Manager or his/her designee.
g. Any fencing installed on the boundary of the Easement Area shall be done
in a manner mutually agreed upon by the Parties.
3. This Easement shall remain in effect in perpetuity.
4. This grant may not be abandoned by the City except pursuant to all of the
provisions of Section 51093 of the Government Code of the State of
California.
5. This grant of easement, as specified in Section 51096 of the Government
Code of the State of California, upon execution and acceptance in accordance
with Chapter 6.6 of Part 1 of Division 1 of Title 5 of the Government Code of
the State of California commencing with Section 51070, shall be deemed an
enforceable restriction within the meaning of Article 3IIII, Section 8 of the
Constitution of the State of California.
6. Land uses permitted or reserved to the Owner by this grant shall be subject to
the ordinances of the City regulating the use of land.
7. The City shall have the right of access within the Easement Area to remove
any drainage obstructions, and to perform construction work and other erosion
control work required to protect the Easement Area and the Subject Property
from erosion, subject to the review and approval of other agencies with
regulatory control over work done in the riparian corridor, specifically the
State Department of Fish and Game and the U. S. Army Corps of Engineers.
Owner shall be indemnified and held harmless by City for any such activity .
undertaken by City.
•
0
8. All expenses relating to the relocation of existing improvements to
accommodate the Easement shall be the sole responsibility of the City of San
Luis Obispo, including but not limited to existing improvements for
recreational vehicle parking, driveway for lodge use and recreational vehicle
parking, and the existing freshwater well system supplying the property.
9. The City of San Luis Obispo hereby agrees to indemnify and hold harmless
the Elks Lodge for any and all liabilities arising out of the City's actions under
this Easement, except for the active negligence or sole negligence of the
Lodge. City shall not be responsible for the Elks Lodge's actions within the
Easement Area (such as maintenance of the billboard (s) which will or may
continue.
10. The terms and conditions herein hall be binding on the parties
hereto and their heirs, successors and assigns.
IN WITNESS WHEREOF, the parties have executed this document on the day
and year first written above.
ALL SIGNATURES MUST BE NOTARIZED
OWNER / GRANTOR:
SAN LUIS OBISPO LODGE #222, BENEVOLENT AND PROTECTI VE ORDER OF
ELKS OF THE UNITED STATES OF AMERICA
PsAd By ams Chairman of the B Da
Board of Trustees ve Romero, Mayor
San Luis Obispo Elks Lodge #322 City of San Luis Obispo
11
0
SAN LUIS OBISPO ELKS LODGE # 322
BENEVOLENT ORDER OF ELKS OF THE UNITED STATES OF AMERICA
Consentine Trustees:
By
Sid Stark (Five Ye stee)
Kevin Niles (Three ear Trustee)
0 0
STATE OF CALIFORNIA )
)ss
COUNTY OF SAN LUIS OBISPO )
On October 20, 2009, before me Elaina Cano, City Clerk, personally appeared David F. Romero,
Mayor, CITY OF SAN LUIS OB SPO, who proved to me on the basis of satisfactory evidence
to be the person($'] whose name(k) is /app subscribed to the within instrument and acknowledged
to me that e/s�fe/tl y executedthe sdme in his/t r /tl r authorized capacity(i 4, and that by
his/lr/ ur signature on the instrument the person'], or the entity upon b half of which the
perso acted, executed the instnnnent
I certify, under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct
Witness my hand and official seal.
Signature., �._Vx _--
City Clerk
(Seal)
N
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
.>�i!� >L! -af ')-�.:.H;l�f'>✓$Y'.?.f1 \ ): �. 15! 7" �.">'!: ji !SS:yS�:/'.Cf�.j >/"'/' ?�:»: "•) t. C :: �. 0i:.? i; c> u7S !:�i!�>C!.'.j:C'gf5.'. >�:iT!'.: i:.:ji!'�ld!1v.ij(.%i
State of California 1
County of St:N1 LASis� J} /�
On 10/Z/ /0�1 before me, Vt�fllOf'/�(� V rVOS 1V�GGlI/ /�1L
Data Here Insert Name mw Tn,o o1 m,,,jn*er
personally appeared e r'1 n I's G 1715
Name(s) of SiOaer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) istm subscribed to the
within instrument and acknowledged to me that
heisheAhey executed the same in histher /their authorized
capacity(ies), and that by hisAedtfteir signatures) on the
instrument the personQ0, or the entity upon behalf of
which the person(s) acted, executed the instrument.
QAW1A P R11 M13
Canurdptal B 185"M I certify under PENALTY OF PERJURY under the laws
Natay pow . cman" of the State of California that the foregoing paragraph is
So Loa RiftclulImpl' 2M9 true and correct.
WITNESS %m'�y /hand and official seal.
N
Signature &Ar(l`- ( ea �ZfJY'
Plaw Notary Seel Abare SI re Notary PUM
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document 1 n
Title or Type of Document: r�.g�! I �C e, and 04 bt rC t weC 6 %A58'ili.P/ 7"Agr;ei
Document Date: Number of Pages:
Signer(s) Other Than Named Above: _
Capacity(fes) Claimed by Signer(s)
Signer's Name:
❑ Individual
• Corporate Officer — Title(s): _
• Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
HIGHTTHUMBPRIN7
OFSIGNER. _
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s): _
❑ Partner —❑ Limited ❑ General
• Attorney in Fact
• Trustee
• Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUFABPRINT
OF.. SIGNER.
LE
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The property on which easement Exhibit B is located is in the City of San Luis
Obispo, State of California, described as follows:
Lots C and D of the Resubdivision of Lots 58, 61, 62, 63, 64, and 65, of the Ranchos
Canada de los Osos and La Laguna, as surveyed..by R R Harris in January 1885 in
the county of San Luis Obispo, State of California, according to the map filed for
record in Book A page 161 of Maps, in the office of the county recorder of said
county, lying easterly of the California State Highway as said highway existed on
May 29, 1950.
EXCEPT therefrom that portion of said Lot C as conveyed to Independent Order
Odd Fellows, Chorro Lodge No. 168, by deed dated October 28, 1949 and recorded
December 4 1949 in Book 544, page 411 of Official Records.
ALSO EXCEPT therefrom that portion of Lot C described in the deed to the State
of California, recorded March 19,1962, in Book 1174 page 264 of official Records.
All that real property in the County of San Luis Obispo State of California being a part of that
portion of Lots C and D of the Resubdivision of Lots 58, 61, 62, 63, 64, and 65 of the
Subdivisions of the Ranchos Canada De Los Osos and La Laguna described in a deeded recorded
in Volume 1039 of Official Records at page 556 in the office of the County Recorder of said
County, said Lots C and D being shown on a survey recorded in Book 45 of Records of Survey at
page 42 in the office of said County Recorder; said part of said portion of said Lots C and D
described by said deed being more particularly described as follows:
That part of said portion of Lots C and D described in said deed lying southerly and westerly of
the following described line: Beginning at the most northerly comer of said Lot D as shown on
said Record of Survey, said point being the True Point of Beginning; thence, along the following
courses: South 6 °15'25" West 97.90 feet; South 9 °29'46" West 38.24 feet; South 0 °56'48" West
39.27 feet; South 0 °55'15" East 48.08 feet, South 11'06'27" West 40.57 feet; South 15 °51'49"
West 40.33 feet; South 23 °03'33" West 38.85 feet; South 11 °08'34" West 64.35 feet; South
2 00648" East 13.25 feet; South 11 °51'38" East 149.30 feet; South 14 °25'26" East 294.05 feet;
South 45 °51'06" East 90.66 feet; South 67 °12'52" East 119.65 feet; South 63 °51'23" East 28.36
feet to a point on the easterly line of said Lot D, said point being North 26 008137" East 60.46 feet
along said easterly line from the most southerly corner of said Lot D as shown on said Record of
Survey. Said part of said portion of said Lots C and D being shown on Sheet 2 attached hereto
and made a part hereof.
Terence K. Orton P.E. 21807 (Exp. 9 -30 -2009)
Sheet I
C
LOT C
0 00
3
a
0
P
z
LINE TABLE
LINE
BEARING
DISTANCE
L1
N06'15'25 "E
97.90
L2
N09'29'46 "E
38.24
L3
N00'56'48 "E
39.27
L4
N00'55'1 5 "W
48.08
L51
Ntt'06'27 "E
40.57
L6
N15451'49 "E
40.33
L7
N23403'33 "E
38.85
L8
N11408'34 "E
64.35
L9
NO2'06'48 "W
13.25
L10
N11'51'38 "W
149.30
Lt t
N14'25'26 "W
294.05
L12
N45'51'06 "W
90.66
L13
N6712'52 "W
119.65
L14
N63'51'23 "W
28.36
. *•J 10 `1._
WESTLAND ENGINEERING, INC.
60 46, S3480 r tSOUTH BI CALIFORNIA 93401
(805) 541 -2394 _
CERTIFICATE OF ACCEPTANCE
rxxrrrxxrxxx
THIS IS TO CERTIFY that the interest in real property conveyed by the OPEN SPACE DEED
AND PUBLIC ACCESS EASEMENT dated October 20, 2009, by and between SAN LUIS
OBISPO LODGE #322, BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF
THE UNITED STATES ( "Grantor"), and the CITY OF SAN LUIS OBISPO, a municipal
Corporation ( "Grantee"), is hereby accepted by the undersigned officer on behalf of the City
Council pursuant to authority conferred by Resolution No. 5370 (1984 Series) recorded June
15, 1984, in Volume 2604, Official Records, Page 878, San Luis Obispo County, California,
and Grantor hereby consents to recordation thereof by its duly authorized officer or his agent.
Date: October 20, 2009
ATTEST:
Elaina Cano, Interim City Clerk
CITY OF SAN LUIS OBISPO
by: Q00zW ;F4
David F. Romero, Mayor
F-ND OF DOCUMENT