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HomeMy WebLinkAbout8735-8746RESOLUTION NO. 8746., (1991 . Series) RESOLUTION OF THE CITY'COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE FOR THE PROJECT KNOWN AS FILIPPONI PROPERTY ACQUISITION WHEREAS, the Legislature of the State of California has enacted AB 147 (Chapter 106 of the Statutes of 1989), which is intended to provide $10 million annually for a period of ten years for grant funds to local, State, and Federal agencies and nonprofit entities for projects to enhance and mitigate the environmental impacts of modified or new public transportation facilities; and WHEREAS, the Resources Agency has established the procedures and criteria for reviewing grant proposals and is required to submit to the California Transportation Commission a list of recommended projects from which the grant recipients will be selected and WHEREAS, said procedures and criteria established by the Resources Agency require a resolution certifying the approval of application by the applicant's governing body before submission of said application to the State; and WHEREAS, the application contains assurances that the applicant must comply with; and WHEREAS, the applicant, if selected, will enter into an agreement with the State of California for acquisition or development of the project; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby: 1. Authorizes the filing of an application for the Environmental Enhancement and Mitigation Program for grant assistance for the above project; and 2. Certifies that said applicant will make adequate provision for operation and maintenance of the project; and 3. Appoints the City Administrative Officer as agent of the City to conduct all negotiations, execute and submit all documents, including, but not limited to, applications, agreements, amendments, payment requests, and so on, which may be necessary for the completion of the aforementioned project. Approved and adopted this 2nd day of December, 1997. On motion of Council Member Sm .tpseeonded by Council Member Roalman and on the following roll call vote: AYES: Council Members Smith, Roalman, Romero, Mayor Settle NOES: Council Member Williams ABSENT: None R -8746 Resolution No. 87(1997 Series) The foregoing resolution was adopted this 2 day of December , 1997.. ATTEST: rLlLi . III 1111111F �'01/1111111' i C e GaWLP4 C z�Lft APPROVED AS TO FORM: a� e - 0 u mey Z obmi V C r m ti �b d8e o Iq V � , � y C • g .® o W 0 ii 0-_ •I`O'W LL ! //0 Li ® ZB Qb O� 0 ^u ca 6.0 Q m Cc CL m s -� L y J C7 N Q U U ❑ is 13 ° n, �( �� �i '�, ��� / (�1�,� �� �' � e,J � �'" �� �(1 RECORDING %QUESTED BY AND MAIL TO NAME /�,T STREET ` o 401 AL CITY' JW Z& /S a&SPD e* gjlf01 Doc No: 1997- 067752 Rpt No: 00086116, Official Records ;RF -1 37.00 San Luis Obispo Co. ; Julie L. Rodewald ; Recorder ; Dec 01, 1997 ; Time: 13:38 ; [ 11] ;TOTAL 37.00, RESOLUTIONNO.8745 (1997Series) 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 MARY MARTIN MARQUARDT, AS TRUSTEE OF THE WILLIAM J. MARQUARDT AND MARY MARTIN MARQUARDT DECLARATION OF TRUST, OWNER OF A DESIGNATED HISTORIC RESOURCE AT 1435 BROAD STREET, IN 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. 8589 (1996 Series), establishing a pilot program to implement General Plan policies and to encourage the preservation, restoration and maintenance of historic properties through the Mills Act Program; 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 03- 531 -16 -000, located at 1435 Broad Street, San Luis Obispo, California 93401, also described as The George Miller 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 owner, 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 cant' 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.. sea• of the Revenue and Taxation Code. R 8745 Council Resolution No. 8 7 4 5 (1997 Series) Page 2 NOW, THERE_ FO_ RE, 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 Owner. SECTION 2. Mayor Authorized to Sign Agreement for City. The City Council hereby authorizes the Mayor to execute said agreement on behalf of the Council of the City of San Luis Obispo. SECTION 3. 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 4. 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 Romero , seconded by williams , and on the following roll call vote: AYES: Council Members 1-.Romero, Williams, Roalman and Mayor Settle NOES: None ABSENT: Council Member Smith (not participating) The foregoing Resolution was adopted this 16th day of September 1997. Mayor Allen K. Settle ATTEST: e. 1, HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE OWNER OF HISTORIC PROPERTY LOCATED AT 1435 BROAD STREET, IN THE CITY, AND THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA. THIS AGREEMENT is made and entered into this may of i�p \J. , 1997, by and between the City of San Luis Obispo, a municipal corporation (hereinafter referred to as the "City"), and Mary Martin Marquardt, Trustee of the William J. Marquardt and-Mary Martin. Marquardt Declaration of Trust (hereinafter referred to as "Owner"), and collectively referred to as the "parties." Section 1. Description of Preservation Measures. The Owner, her heirs or assigns hereby agree to undertake and complete, at their expense, the preservation, maintenance and improvement 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 nomenewal 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. Historic Property Agreement Page 2 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 B, 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. C. All building chan ges 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 tilework 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 commencing 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. Historic Property Agreement Page 3 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 owner's 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 contract is canceled because of failure of the Owner to preserve, maintain, and. rehabilitate the historic property as specified above, the Owner shah pay a.cancellation fee to the State Controller as set forth in Government Code Section 50286, which states that the fee shall be 12 1/2% of the full value of the property at the time of cancellation without regard to any restriction imposed with this agreement. 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 canceled and no fee imposed, as specified in Government Code Section 50288. Section 1. 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, 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 Historic Property Agreement Page 4 this agreement; apply to any court, state or federal, for injunctive relief against any violation by the Owner, or apply for such relief as may. be appropriate. 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. B. 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 1435 Broad 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 asset 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 990 Palm Street San Luis Obispo, CA 93401 To Owner: Mary Martin Marquardt 1435 Broad 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. Historic Property Agreement Page 5 B. The Owner agrees to hold the City and its elected and appointed officials; officers, agents, and employees harmless from liability for damage, oufrom claimsi 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 cause by,. reason of the owners' 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 arid'.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. Historic Property Agreement Page 6 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 the Owner have executed this agreement on the day and year written above. CITY OF SAN LUIS OBISPO. Allen K. Settle, Mayor Date TRUSTEE, William J. and Mary Martin Marquardt Declaration of Trust: i7; Martin Marquardt Date STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN LUIS OBISPO ) 97 On M) Q ffl beforeme, Z'jar1C �R- �AivaytN ry�W i>v` personally appeared (or provbd tome on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the person or the entity on behalf of which the person acted, executed the instrument. Witness my hand and official seal. i� Signatur S OFFICIAL MAL R. IOfi1gY PUSIX. W U E TATE OF CALIFORNIA — ) - 10114a� C E ' COUNTY OF SAN LUIS OBISPO ) ss. _� —� -- On ! I before me, Cindy Pilg, Notary Public, personally appeared Allen K. Settle, personally known to me to be We petson whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the person or the entity on behalf of which the ersons acted, executed the instrument. WITNESS my hand and official seal. Exhibit A MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY LOCATED AT 1435 BROAD STREET, SAN LUIS OBISPO, CALIFORNIA. 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 1435 Broad 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 use property tax savings resulting from this agreement to implement the following maintenance program and make the following improvements and/or repairs during the term of this contract; but in no case later than ten years from the date of recording the contract with the County Recorder. All changes or repairs shall be consistent with the City's Historic.Preservation Program Guidelines and the Secretary of the Interior's Standards for Historic Preservation Projects: . a. Fumigate garage and main house for termites within five years, upon evidence of infestation. b. Repaint the house's exterior within mn ears. c. Restore Victorian Period-fient3cw4 landscaping within ten years. 3. Property shall be maintained in accordance with Zoning Regulations, and with the City's Property Maintenance Standards. rel J a Ma6 Martin Marquardt jh/L:mi11sact15.con 1477 Date UerAm I rolEW OF rAHKS AivO "HEATIUN EXHIBIT B HISTORIC RESOURCES IN— ENTORY IDENTIFICATION 1. Common name: Ranna House 2. Historic name: George Miller House 3. Street or rural address: 1435 Broad Street NABS_ HAER_,­--� NR 4 UTM: A 10/712'74 3059608 C v D SHL _ Loc- City Zip County San Luis Obispo 93401 San Luis Obispo - - 4. Parcel number: 03- 1531 -16 Rappa, J.M., et al. 1435 Broad Street 5. Present Owner: Address: - - - City San Luis Obispo Zip 93401 Ownership is: Public Private X 6. Present Use: Residential Original use' Residential DESCRIPTION 7a. Architectural style: Queen Anne (cottage) 7b. Briefly describe the present physical description of the site or structure and describe any major alterations from its original condition: This two story structure, square shaped ^on a raised foundation is mult -i- gabled with a composition roof. The smaller back repeats the front gable with a plain boxed cornice. A gabled dormer with overhanging open cornice and a decorated fascia repeats the fishscaled shingle detail of the other gables. Dormer eaves are supported by two decorated brackets and the double hung 1/1 window has upper sash of stained glass. A recessed porch with a flat roof is supported by octagonal columns. Ornate floral, scroll sawn brackets are at each junction of post and beam. The porch beam has open vertical stickwork and a perimeter.of dentils. House has shiplap siding and one chimney. The front.door is central and recessed with 'a single glass transom over the door. Lower wood panels and upper frosted etched glass panel are distinctive. Featured are a small octagonal stained glass window on porch and a square diamond patterned stained glass window in gable. Photograph of 1435 Broad Street is on file with 8. Constructionlddaate: Estimated Factual the Community Development Department, City Hall, - 990 Palm''Street, San Luis 9. Architect Unknown .s Obispo, CA 93401 -3249 - 10. Builder Unknown 11. Approx. property size (in feet) Frontage 60' Depth 170' or approx. acreage 12. Date(s) of enclosed photograph(s) December 1982 13. Condition- Excellent X G000 Fair_ Deteriorated No longer in existence 14. Alterations: - 15. Surroundings: (Check more than one if necessary) Open land _Scattered buildings _ Densely built-up Residential $ - Industrial _Commercial- - Other: 16.. Threats to "site: None known --!-Private development_ Zoning. Vandalism -- _ Public Works project Other: 17. Is the structure: On its original site? YeS Moved? Unknown? 18. Related features: SIGNIFICANCE 19. ' Briefly state historical and /or architectural importance (include dates, events, and persons associated with the site.) The Victorian cottage at 1435 Broad was built about 1897 for Mrs. Alice Shaw Miller. She was the wife of George Miller, a Scottish cattle rancher who originally was from San Francisco and owned property in San Luis Obispo County as early as 1894. F.A. Miller served on the City Council in 1880. Alice Shaw was the daughter of Smith Shaw, a New York born dairyman, who came to San . Luis Obispo County in 1877. He.was supervisor of streets for the city in 1901. .In the 1890's especially,.it was not uncommon for successful ranchers and farmers who lived in.rural areas in the county to,build a "townhouse" in the city. The deed books show that Alice Miller bought the lot on which the house now .stands from Walter and Margaret Madge in 1896 for $10.00. The Sanborn fire insurance maps indicate that at least between 188E and 1891, this lot -had been part of the San Luis Feed Lot and Corral. Zn 1897 -98, Mrs. Alice S. Miller's lot was assessed at $155, with improvements worth $750.00. 20. Main theme of the historic resource: (If more than one is checked, number in order of importance.) Architecture _2_ Arts & Leisure Economic /Industrial —Exploration/Settlement Government 3 - Military Religion Social /Education 21. Sources (Ust- books, documents, surveys, personal interviews and their dates). Deed. Title Records (S.L.O. County) History of San Luis Obispo_County, by Myron Angel 22 Date form prepared J L"1 2 0 -1983 By (name) Hi etnri n RPC . Cnr`>pU.- Rtaff Organization ri tU -nf Can Tmi c nhi cnin Address: P _ o _ Rnx 321 City _San Luis Obispo - Zip 93401 Phone: (Rns) W_ =innn Locational sketch map (draw and label site and surrounding streets, roads, and prominent landmarks): �\ I NORTH END OF DOCMEW RESOLUTION NO. 8744 (1997 Series) A RESOLUTION OF COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S ACTION, THEREBY APPROVING AN EIGHT -INCH HEIGHT EXCEPTION FOR A SIGN AT 1001 OLIVE STREET. (ARC 133 -97) WHEREAS, the Architectural Review Commission conducted a public hearing on October 20, 1997 and approved ARC 133 -97 with conditions; and WHEREAS, Rajni Desai filed an appeal of that action; and WHEREAS, the City Council conducted a public hearing on November 18, 1997 and has considered testimony of interested parties, the records of the Architectural Review Commission hearing and action, and the evaluation and recommendation of staff, and WHEREAS, the City Council has determined that the project is categorically exempt under Section 15311, Class 11, of the California Environmental Quality Act, because it is the construction or replacement of an accessory structure, specifically a sign; BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows; SECTION 1. Findings. That this Council, after consideration of the Architectural Review application ARC 133 -97 and the Architectural Review Commission's action, the appellant's statements, staff recommendations,.public testimony; and reports thereof, makes the following finding: 1. A minor exception to the height limit, allowing a 16' -8" sign where a 16' sign is normally allowed, is justified because the sign, as conditioned, will be consistent with the purpose and intent of the sign regulations. SECTION 2. Appeal denial. The request for approval of an appeal of the Architectural Review Commission's action approving the sign exception with conditions is hereby denied, and therefore the Architectural Review Commission's action is upheld. SECTION.3. Conditions. The approval is subject to the following condition: 1. The sign must meet city requirements for size and illumination. R 8744 Resolutionno 8744 1997 Series) ARC 133 -97 1001 Olive Street Page 2 Onmotionof Williams secondedby Romero and on the following roll call vote: AYES :Council Members Williams, Romero, Roalman, Smith & Mayor Settle NOES: None ABSENT: None the foregoing resolution was adopted this 18" day of November 1997. Mayor Allen Settle ATTEST: /. APPROVED AS TO FORM: 13 RESOLUTION No. 8 7 4 3 (1997 Series) A RESOLUTION OF COUNCIL OF THE CITY OF SAN LUIS OBISPO CERTIFYING THE ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE MARSH STREET GARAGE EXPANSION LOCATED AT 860 PACIFIC WHEREAS, public hearings on this EIR were held before the Planning Commission on August 27, 1997, and the City Council on October 21, 1997 and November 18, 1997; and WHEREAS, the EIR was considered by the City Council after extensive review by City staff and other agencies, and with the comments of the Planning Commission and concerned public; and WHEREAS, the potential environmental impacts of the project have been evaluated in accordance with the California Environmental Quality Act and the City's Erivironmental Guidelines. BE IT RESOLVED by the City Council as follows: SECTION 1. Environmental Determination. The City Council hereby certifies that the Final Environmental Impact Report for the Marsh Street Garage Expansion adequately identifies the project's potentially significant impacts, alternatives to the proposed action, and recommended. mitigation measures. SECTION 2. Findings. The Final EIR was prepared in compliance with the California Environmental Quality Act (CEQA) and was considered by the City prior to any approvals of the project. The. Final EIR reflects the independent judgment of the City. For each significant effect identified in the EIR under the categories of Traffic and Circulation, Air Quality, Aesthetics and Cultural Resources, the approved EXHIBIT A R 8743 Page 2 RESOLUTION No. mitigation measures contained in the EIR and attached ( Attachment 1), will avoid or substantially lessen the identified adverse environmental impacts of the project to a level of insignificance and have been incorporated in the project. SECTION 3. The City Council has reviewed and approved a Preliminary Mitigation Monitoring and Reporting Program (Attachment 2). Following certification of the Environmental Impact Report and before project approval, a final Mitigation Monitoring and Reporting Program will be presented to the Council for approval, to reflect Council actions in certifying the Environmental impact Report. On motion of Romero , seconded by Williams , and on the following roll call vote: AYES: Council Members.-Romero, Williams and Mayor Settle NOES: Vice Mayor Roalman ABSENT: Council Member Smith (not participating) The foregoing resolution was passed and adopted this 18thday of November 1997. Z, Mayor Allen Settle ATTEST: Clerk Bopl& 964 W R asimm �• •' i� ensen i RECONEMIENDED MITIGATION MEASURES Traffic and Circulation Restripe westbound Pacific from garage exit to Chorro for through traffic and right - turn only Designate left and right turn only lanes for east and westbound Pacific exit traffic Dedicate right lane as (garage entrance only ) between Chorro and garage entrance lane Upgrade gate equipment to facilitate in and out processing . Install mid -block traffic signal on 800 block of Marsh Street Monitor the level of service at Pacific /Oros and Pacific /Broad intersections for possible traffic signal installation when warranted Air Quality Establish preferential carpool spaces and provide information on alternative transportation to the general public and provide capability for electric vehicle charging station Aesthetics Ensure the project adheres to Land Use Design principles and ARC design criteria Add curbside trees and planters and associated landscaping in the setback area Consider alcove area in the setback area Attachment 1 D cn CD M M M M 9 Attachment 2 a z9 �D O X Z N zm C) m �D M Mm 'I m Z = M O 3 D -1 7f f 741 - D D D D D D g M cD m rn io 1 w 3 m CO m O O. a m O O f!1 O N G < .:. <. r fD 3 w•• �m�m O aFa m a W 0 ab N m2�:� CD COD n v m m l CD <. .m+, M a 2 ai to O 7. 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K M CL cr N cr 2 U2 m m m 7 7 l7 n n 0 0 0 O � !P a� 0 3 O C fD CL Y/ a 0 z O z O M z^ G) M 00 X I O M c� �� c I 2ECORDIN /G REQUESTED BY AND MAIL TD LAME L�7 4jFp i rREET ;11Y ( -&) RESOLUTION NO. 8742 (1997 Series) 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 GAIL A. JOHNSON AND VICTORIA WOOD, OWNERS OF A DESIGNATED HISTORIC RESOURCE AT 547 MARSH STREET, IN 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. 8589 (1996 Series), establishing a pilot program to implement General Plan policies and to encourage the preservation; restoration and maintenance of historic properties through the Mills Act Program; and WHEREAS, the owners possess fee title in and to that certain qualified real property; together with associated structures and improvements thereon, located on Assessor's Parcel Number 03- 514 -15, located at 547 Marsh Street, San Luis Obispo, California 93401, also described as The Kaetzel 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 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 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. se g. 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 R -8742 Doc No: 1997-L.184 Rpt No: 00086167 Official Records ;RF -1 37.00 San Luis Obispo Co. ; Julie L. Rodewald ; Recorder ; Dec 01, 1997 ; Time: 15:04 ; [ 11] ,TOTAL 37.00 RESOLUTION NO. 8742 (1997 Series) 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 GAIL A. JOHNSON AND VICTORIA WOOD, OWNERS OF A DESIGNATED HISTORIC RESOURCE AT 547 MARSH STREET, IN 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. 8589 (1996 Series), establishing a pilot program to implement General Plan policies and to encourage the preservation; restoration and maintenance of historic properties through the Mills Act Program; and WHEREAS, the owners possess fee title in and to that certain qualified real property; together with associated structures and improvements thereon, located on Assessor's Parcel Number 03- 514 -15, located at 547 Marsh Street, San Luis Obispo, California 93401, also described as The Kaetzel 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 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 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. se g. 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 R -8742 o ;V•� a Y v Council Resolution No. Page 2 8 7 4 2 (1997 Series) the attached historic preservation agreement between the City of San Luis Obispo and the owners. SECTION 2. Mayor Authorized to -Sign Agreement for City. The City Council hereby authorizes the Mayor to execute said agreement on behalf of the Council of the City of San Luis Obispo. SECTION 3. Environmental Determination. The City Council has determined that this historic preservation agreement is not a project, as defined by Section 1.5378 of the California Environmental Quality Act and is exempt from environmental review. SECTION 4. 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 gomo,-„ seconded by 1�J1 las and. on the following roll call vote: AYES: Council Members Romero, Williams, Roalman, Smith & Mayor Settle NOES: None ABSENT: None The foregoing Resolution "was adopted this 18th day of November , 1997. Mayor Allen K. Settle ,CI1;Yc IV V I " I HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE OWNERS OF HISTORIC PROPERTY LOCATED AT 547 MARSH STREET, IN THE CITY, AND THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA. THIS AGREEMENT is made and entered into this "day ofs 1997, by and between the City of San Luis Obispo, a municipal corporation (hereinafter referred to as the "City "), and Gail A. Johnson and Victoria Wood (hereinafter refereed 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 improvement 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 Owners or the City desire in any year not to renew the agreement, the Owners or the City shall serve written notice of nonrenewal of the agreement on the other party. Unless such notice is served by the Owners to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owners 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 Owners 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 Owners of nonrenewal. D. If either the City or the Owners 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. Owners agree to preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features, including: the building's general Historic Property Agreement Page 2 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 B, 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 Owners agree to allow pre- arranged tours on a limited basis, to the approval of the Community Development. Director or his designee. C. All building changes made after the execution date of this agreement shall comply with applicable City 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 tilework or architectural ornamentation, to the greatest extent possible. D. The Community Development Director shall be notified by the Owners 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 Owners agree to secure all necessary City approvals and/or permits prior to commencing work. E. Owners agree 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. Owners 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 Historic Property Agreement Page 3 this agreement. Section 5. Furnishing of Information. The Owners hereby agree 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 Owners have breached any of the conditions of this agreement or have 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 Owners have failed to preserve, maintain or rehabilitate the property in the manner specified in Section 4 of this agreement. If a contract is canceled because of failure of the Owners to preserve, maintain, and rehabilitate the historic property as specified above, the Owners 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 1/2% of the full value of the property at the time of cancellation without-regard to any restriction imposed with this agreement. 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 canceled 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, the City shall give written notice of violation to the Owners 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 Owners) 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 Owners 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. Historic Property Agreement Page 4 B. The City does not waive any claim of default by the Owners 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 isa 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 Owners may enter into mediation or binding arbitration to resolve disputes or grievances growing out of this contract. Section 8. Binding Effect of Agreement. The Owners hereby.subject the historic property located at 547 Marsh Street, San Luis Obispo, California, to the covenants, reservations, and restrictions as set forth in this agreement. The City and Owners 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 Owners' 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 990 Palm Street San Luis Obispo, CA 93401 To Owners: Gail Ann Johnson and Victoria Wood 547 Marsh 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. n Historic Property Agreement Page 5 B. The Owners agree 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 Owners, or from those of their contractor, subcontractor, agent, employee or other person acting on the Owners' behalf which relates to the use, operation, maintenance, or improvement of the historic property. The Owners hereby agree 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 cause by, reason of the Owners' 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 contra_ ed 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. Historic Property Agreement Page 6 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 cost to the Owners; 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 OBISP / Allen K. Settle, Mayor Date OWNERS Gail Ann Jo Date Victoria Wood Date STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN LUIS OBISPO ) On ° 1C1q, before me, ►�pnP" Sjkrxr Mp icxrj AIQ, personally appeared / Gail Ann Johnson & victoria wood , proved to me on the basis of satisfactory evidence, to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacities, and that by their signatures on the instrument,. the persons or the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. oFRC)a.sEU, rNW s l�T FL STUApT Mrs IV 11 °" c un JIM j! jiane Stuart, Notary Public STATE OF CALIFORNIA ) E •COUNTY OF SAN LUIS OBISPO ) ss. U 2 n i � ,before me, Cindy Pilg, Notary Public, personally appeared Allen K. Settle, personally known tome to be the person 2 e nafne is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by is signature on the instrument, the person or the entity on behalf of which the persons acted, executed the instrument. AM r ImITNESS my hand and official seal. { Exhibit A MAIN_ TENANCE AND IMPROVEMENT MEASURES FOR PROPERTY LOCATED AT 547 MARSH STREET, SAN LUIS OBISPO, CALIFORNIA. 1. Owners 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 547 Marsh Street. Character- defining features shall include, but are not limited to: roof; eaves, trim, porches; walls and siding, architectural detailing, doors and windows; balustrades and railings, foundations, and surface treatments. 2. Owners agree to follow the following maintenance program and make the following improvements and/or repairs during the term of this contract, but in no case later than ten years from the date of recording the contract with the County Recorder. All changes or repairs shall be consistent with the City's Historic Preservation Program Guidelines and the Secretary of the Interior's Standards for Historic Preservation Projects: a. Continue a high degree of interior and exterior building maintenance and repair, as evidenced by routine body and trim painting, pest control and landscape maintenance; b. Upgrading and adding original architectural details, such as roof finials; c. Add security features to protect the home from vandalism 3. Property shall be maintained in accordance with Zoning Regulations, and with the City's Property Maintenance Standards. OWNERS jh/L:mi11s=4.con Date 11- 3 -4 7 Date State of California —The Resources Agency DEPARTMENT OF'PARK;'-9RECREATION EXHIBIT B ` HISTORIC RESOURCES INVENTORY Ser. No UTM: A 005. 5 -04R NR 4 SHL Loc_ UTM: A 10/7 0/712u2O/39060406 C I D IDENTIFICATION San Luis Obispo Chiropractic Center 1. Common name: 2. Historic name Kaetzel House 3. Street or rural address: 54' Marsh City San Luis Obispo ZIP County 93401 San. Luis Obispo 4. Parcel number: 03- 514 -15 5. Present Owner: Pacific Trading Co. City San Luis Obispo 4ddress: 547 Marsh Zip 93401 Ownership is: Public Private X 6.. Present Use: Commercial Residential Original use: DESCRIPTION 7a. Architectural style: Carpente.•r Gothic Revival 7b. , Briefly describe the present physical description of the site or structure and describe any major alterations from its original condition: This T- shape, two story structure sits on a raised foundation. A high pitched cotrinosition shingle gable roof caps the structure with smaller gables protrud- ing from the main one. The cornice consists of a bargeboard and decorative exposed rafters. The ends of the baraeboards are supported by brackets. The first floor is sheathed with narrow clapboard siding and a band of fishscale shingles at the base. Plain shingles sheath the second story with fishscale shingles below the front gable and above.the plain shingles and the first floor clapboard. A centrally located front door consists of three wooden panels and one large glass panel. Double overhang wooden framed windows are symmetrically placed flanking the porch. There is a bay window on the side of the building. All windows have plain trim. The integrity of this house seems to be intact. PHOTOGRAPH ON FILE IN THE COMMUNITY DEVELOPMENT DEPARTMENT, CITY OF SAN LUIS OBISEQ 990 PALM STREET, SAN LUIS OBISPO DPR 8. Construction date: Estimated 1882 Factual 9. Architect Unknoom 10. Builder Unknown 11. Approx. property size (in feet) Frontage 150 Depth 60' orapprox. acreage 12. Dates) of enclosed photograph(s) December 1982 13. Condition: l Exceiirn "t Good Fair__ Deteriorated 14. Alterations: — No longer in existence 15. Surroundings:: (Check more than one if necessary) Open land _Industrial Commercial X -- Scattered buildings 16 Thr Other; 9 Densely built -up eats to site: None known 7C private Public Works project develo pment Other: Zoning,_ Vandalism 77* Is the structure: On its original site? _� Moved? - -_ 18. Related features :. Unknown? SIGNIFICANCE 19.. Briefly state historical and /or architectural importance - Ranking among the older poRance (include dates, events, and this Cai-oenter houses that .s persons associated with the site.) ments f Gothic Revival dwellin�ive in San Luis o- the oueen g was Obispo today, and bays, fl0deled Anne style .in its windowbtred entre 1886,. It has ele- at the after the "american .farntlbuse'; and suzface detailing Gothic Revival mode which was San iuis Obispo. Located a prevalent�sthe design hints mostly houses of this in one of the oldest Style durin ranchers or farm style and Ma residential g the 1880's ih. ers finitude were usuall areas of the city, Of Charles Kaetael, d use as "townhouses,'1 Y fashion ed for wife attorney In 1914 ,prominent Gertrude. Y at the commercial Bank tbuildis and hic: ome 20. Main theme of the historic resource- (if more than one'is checked, number in order of importance.) Architecture _ Economic /Industri- 'a� —mss& Leisure - ZEXitary ion /Settlement Government Religion Military �— Social /Education - 21• Sources —�� (List books, documents, surveys, personal interviews and their dates). Sanborn Fire Insurance .,aps (1886, 1891) City Directory (1904, 1 °1c.) 22. Date form prepared June 15, 1983 BY (name) Historic Res. Organization City of Sanurv'Y Sta__f Address: P. n, o 321 Luis Obispo Bx City San Lugs O ispo - Phone: r"Ketcn map (draw and label site and surrounding streets, roads, and prominent landmarks): NORTH C ' z clue Ae f1A1011 EMT RECORDING ,REQUESTED BY AD D MAIL t0 � STREET--- C� CITY L Doc No: 1997- 061753 Official Records San Luis Obispo Co Julie L. Rodewald Recorder Dec 01, 1997 Time: 13:38 Rpt No: 00086117 ;RF -1 37.00 ;TOTAL 37.00 1 RESOLUTIONNO. 8741 (1997 Series) 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 RANDELL LAVACK.AND SHAYNE SANDEMAN, OWNERS OF A DESIGNATED HISTORIC RESOURCE AT 670 ISLAY STREET, IN 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. 8589 (1996 Series), establishing a pilot program to implement General Plan policies and to encourage the preservation, restoration and maintenance of historic properties through the Mills Act Program; and WHEREAS, the owners possess fee title in and to that certain qualified real property, together With associated structures and improvements thereon, located on Assessor's Parcel Number 03- 532 -14, located at 670 Islay Street, San Luis Obispo; California 93401, also described as The Fitzpatrick 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 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. NOW, THEREFORE; BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: D 471.1 Resolution No. 8741(1997 Series) Page 2 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. SECTION 2 Mayor Authorized to Sign Agreement for City, The City Council hereby authorizes the Mayor- to execute said agreement on behalf of the Council of the City_ of San Luis Obispo. SECTION 3. 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 4. 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 Rom_ ero seconded by W; 11 ; Rims; and on the following roll call vote: AYES: Council Members Romero, Williams, Roalman, Smith & Mayor Settle NOES: None ABSENT: None The foregoing Resolution was adopted this 18th day of Nov tuber- 1997. Mayor Allen K. Settle ATTEST: onnie Gawf; City erk APPROVED: � i.�.... C� HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE OWNERS OF HISTORIC PROPERTY LOCATED AT 670 ISLAY STREET IN THE CITY, AND THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA. THIS AGREEMENT is made and entered into this " day of r , 1997, by and between the City of San Luis Obispo, a municipal corporation (hereinafter referred to as the "City "), and Randell LaVack and Shayne Sandeman (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 improvement 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 Owners or the City desire in any year not to renew the agreement, the Owners or the City shall serve written notice of nonrenewal of the agreement on the other party. Unless such notice is served by the Owners to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owners 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 Owners 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 Owners of nonrenewal. . D. If either the City or the Owners, 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. Owners agree to preserve, maintain, and, where necessary, restore or rehabilitate the Historic Property Agreement. Page 2 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 B, to the satisfaction of the Community Development Director of his designee. B. If the building's interior closely relates to the property's eligibility as a qualified historic property, the Owners agree to allow pre - arranged tours on a limited basis, to the approval of the Community Development Director or his designee. C. All building changes shall comply with applicable. City 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 ori ginal; character - defining architectural features such as oak and mahogany details, pillars and arches, special tilework or architectural ornamentation, to the greatest extent possible. D. The Community Development Director shall be notified by the Owners 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 Owners agree to secure all necessary City approvals and/or permits prior to commencing work. E. Owners agree 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 fiuriiture 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. Owners 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 Historic Property Agreement Page 3 this agreement. Section 5. Furnishing of Information. The Owners hereby agree 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. L 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 Owners have breached any of the conditions of this agreement or have 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 Owners have failed to preserve, maintain or rehabilitate the property in the manner specified in Section 4 of this agreement. If a contract is canceled because of failure of the Owners to preserve, maintain, and rehabilitate the historic property as specified above, the Owners shall pay a cancellation fee to the State Controller as set forth in Govemment.Code Section 50286, which states that the fee shall be 12 1/2% of the full value of the property at the time of cancellation without regard to any restriction imposed with this agreement. 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 canceled 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, the City shall give written notice of violation to the Owners by registered or certified mail addressed to the address stated in this agreement. If such a violation is no_ t 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 Owners); 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 Owners 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. U Historic Property Agreement Page 4 B. The City does not waive any claim of default by the Owners 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 Owners may enter into mediation or binding arbitration to resolve disputes or grievances growing out of this contract. Section 8. Binding Effect of Agreement. The Owners hereby subject the historic property located at 670 Islay Street, San Luis Obispo, California, to the covenants, reservations, and restrictions as set forth in this agreement. The City and Owners 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 Owners' 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 % 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 990 Palm Street San Luis Obispo, CA 93401 To Owners: Randell La Vack and Shayne Sandeman 670 Islay 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. Historic Property Agreement Page 5 B. The Owners agree 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 Owners, or from those of their contractor, subcontractor; agent, employee or other. person acting on the Owners' behalf which relates to the use, operation, maintenance, or improvement of the historic property. The Owners hereby agree 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 cause by, reason of the Owners' 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 mayrecover 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. _ Ib G ! Ttvrua� Historic Property Agreement Page 6 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 Owners; 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 the Owners have executed this agreement on the day and year written above. CITY OF S LUIS OPISP Allen K. Settle, Mayor Date OWNERS Randell LaVack Sh yne Sandeman STATE OF CALIFORNIA ) ss. COUNTY OF SAN LUIS OBISPO ) Date Date On , before me, personally appeared e�- ----,i < �- ✓.> a ,� --- , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose nam su scribed to the within instrument and acknowledged to me that 3ecuted the same incapacity, and that bye sagnature on the instrument, the person or the entity on behalf of which the person �cted, executed the'instrtunent. Witness my hand and official seal. ATE OF CALIFORNIA ) _. IUNTY OF SAN LUIS OBISPO ) ss. it/ • before me, Cindy Pilg, Notary Public, personally appeared Allen K. Settle, personally known to me to be the person 3se narfieis subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by signature on the instrument, the person or the entity on behalf of which the persons acted, executed the instrument. - - WITNESS my hand and official seal. l i i Exhibit A MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY LOCATED AT 670 ISLAY STREET, SAN LUIS OBISPO, CALIFORNIA. 1. Owners 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 670 Islay Street. The owners anticipate structural changes to the rear portion of the house and property not visible from the street. Said structural changes may include a building addition and or remodel of the kitchen, laundry, bathrooms, and detached garage. Said changes shall not affect the front half of the house. Said changes shall not be considered a violation of Section 4, Paragraphs C and F, of the Historic Property Agreement, nor shall said structural changes be considered changes to character defining features. In addition, owners anticipate removal of the unsupported, unreinforced brick chimney described in Exhibit B, in advance of the foundation work described below. 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. Owners agree to make the following improvements and/or repairs during the term of this contract, but in no case later than ten years from the date of recording the contract with the County Recorder. All changes or repairs shall be consistent with the City's Historic Preservation Program Guidelines and the Secretary of the Interior's Standards for Historic Preservation Projects: a. Repair or replace the front door and entry within 3 years of recording the contract; b. Replace hanging front porch light within 4 years; c. Seismically strengthen and repair building foundation within 10 years; d. Maintain or repaint exterior trim and siding finishes within 10 years. 3. Property.shall be maintained in accordance with Zoning Regulations, and with the City's Property Maintenance Standards. OWNERS Randell LaVack `✓iw,q&l Ins Shayne Sandeman jh/L:millsactl.con Date 0cf .22� l clot -7 Date EXHIBIT B - HISTORIC RESOURCES INVENTORY IDENTIFICATION 1. Common name: 2. Historic name: Willett Home 3. Street or rural address: 670 Islay tier. No. 0047 -04R NABS_ HAER NR SHL _ Loc_. UTM: A 10/71=901-39058b0- M City San Luis Obispo Zip 93401 County San Luis Obispo 4. Parcel number: 03- 532 -14 5. Present Owner: Bickler, Arlene J. , c/o Gerald, D. et al- Address: 1638 Osos .Street City San Luis Obispo Zip Ownership is: Public Private X 6. Present Use: Commercial Original use: Residential DESCRIPTION 7a. Architectural style: Single Story, wood frame 7b. Briefly describe the present physical description of the site or structure and describe any major alterations from its original condition: This small one story residence is very simple in its expression with little excess trim. Its predominant feature is its moderately sloped gabled wing roof in which is centered a pair of two - over -two sash windows flanked by undersized shutters. This is located on the right side of the house. The left side has a narrow porch that is covered by small sloping roof, possibly a later addition to the house. Under this porch which extends the remaining length of the house, are two two- over -two sash windows to the left of the front door which has 10 glass panes. Over the door is a small two paned window. The roof is gabled with the major portion of the roof sloping to the street. It is capped by a brick chimney located slightly to the right of center possibly aligned with the wall of projecting gable ends -: The house is of horizontal wood siding and is raised approximately 18 inches above the ground. photograph on file in the Community Development I 1 B. Construction date: Department, City of San Luis Obispo, 990 Palm Estimated 1880 Factual Street, San Luis Obispo, CA Unknown 9. Architect 10. Builder Unknown 11. Approx. property size (in feet) Frontage 60' Depth 150' or approx. acreage 12. Date(s) of enclosed photographs) December lQ82 13. Condition: Excellent _Goo,. X Fair_ Deteriorated No lorr:r in existence v. 14. Alterations: 15. Surroundings: (Check more than one if necessary) Open land _Scattered buildings_ Densely built -up Residential X Industrial _Commercial Other: 16. Threats to site: None known -2j—Private _ development— Zoning Public Works project Other: Vandalism 17. Is the structure: On its original site? Yes Moved? Unknown? 18. Related features: SIGNIFICANCE 19. Briefly state historical and /or architectural importance (include dates, events, and persons associated with the site.) The dwelling at 670 Islay is a simple single story wood frame house that though not a pure nor particular architectural style is representative of working class homes in the 1880's and 1890's. Constructed before 1886, it seems to be a simplification of Colonial Revival. Houses of this sort were often labeled "railroad houses" since many railroad employees of both the Pacific Coast Railway and the Southern Pacific Rail inhabited these. types of dwellings. It may have been a "pre -fab" house, with prefabricated parts and wood siding mail ordered from Northern California. The Reverend .George and Mrs. M.E. Willett lived here in 1904. He.was minister of the Congregational church. The son became a county supervisor. Harry J. and Birdie Hasse were residents in 1914. 20. Main theme of the historic resource: (If more than one is checked, number in order of importance.) Architecture 1 Arts & Leisure Economic /Industrial _Exploration/Settlement Government Military Religion Social /Education 21. Sources (List books, documents, surveys, personal interviews and their dates). ' City Directory (1904, 1914) Sanborn Fire Insurance Maps (1886, 1891) 22. Date form prepared JLtA 15 1983 By ric Bname) HistoRes. urvey btazz Organization City o ;an Luis Obispo Address: P.O. Box City an uis Obispo Zip Phone: - Locational sketch map (draw and label site and surrounding streets, roads, and prominent landmarks): NORTH J� C END OF DOCUMENT RESOLUTION NO. 8740 (1997 SERIES) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO FOR AUTHORIZATION OF APPLICATION FOR GRANT FUNDS FROM THE CALIFORNIA COASTAL CONSERVANCY IN SUPPORT OF THE PROJECT KNOWN AS BISHOP PEAK ACQUISITION WHEREAS, . the State Legislature has established the State Coastal Conservancy (pursuant to Public Resources Code 31000 - 31400) and authorized it to award grants to local public agencies and.nonprofit organizations; and WHEREAS, said grants are awarded pursuant to guidelines established by the Coastal Conservancy for determination of project eligibility for funds; and WHEREAS, the procedures established by the Coastal Conservancy require the applicant to certify by resolution approval of the application prior to submission of said application to the State; and WHEREAS, the City of San Luis Obispo, acting through its City Council and through adopted public procedures, has determined that certain lands surrounding the City of San Luis Obispo are important to the scenic character-, healthy natural environment, and economic and social well being of the community and its citizens, and has designated these lands as the San Luis Obispo Greenbelt; and WHEREAS, within said Greenbelt; the City seeks to preserve and conserve characteristics such as visual quality, wildlife habitat; healthy agricultural economy, and rural setting through a variety of techniques and programs, including purchase of land; and WHEREAS, the City of San Luis Obispo, City of Morro Bay, County of San Luis Obispo, and the State of California all consider the preservation of the chain of peaks stretching from Morro Bay to San Luis Obispo; commonly known as the "Morros ", to be a high priority for the community and for the people of the State, And WHEREAS, these agencies, with technical support and assistance of the Coastal Conservancy, have formed a citizens' advisory committee, known as the Morros Advisory Committee, whose goal is to develop a long -term plan for protection and proper stewardship of the Morros; and WHEREAS, Mn Ray B. Bunnell is owner of certain lands which lie within said Greenbelt, and which are of scenic, ecological, and agricultural value to the City and County of San Luis Obispo; and WHEREAS, said lands include the summit and upper elevations of the tallest of the Morros, known as Bishop Peak, and are therefore of great interest to agencies represented by the Morros Advisory Committee, and to the State of California; and WHEREAS, Mr. Bunnell is desirous of preserving such values of said property by the sale . of the property for permanent open space purposes to the City of San Luis Obispo; and Resolution No. 81 _'(1997 Series) Page 2 `J WHEREAS, the purchase of said land in the judgment of the City Council of the City of San Luis Obispo would act to preserve the values indicated above and serve important municipal and Statewide purposes; and WHEREAS, the State Coastal Conservancy is in a position to provide funding support for the purchase of the Bunnell property that will permit the transaction to be successfully completed. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby authorizes submittal of an application to the California Coastal Conservancy for grant funds in support of the acquisition of Bishop Peak for public benefit purposes; and BE IT FUTHER RESOLVED that City Council hereby appoints the City Administrative Officer as agent to conduct all negotiations, execute and submit all documents including but not limited to applications, agreements, amendments, payment requests, and so on, which may be necessary for the completion of the aforementioned project. Moved by Romero , seconded by W; 71; ams , and adopted this 18th day ofNovemberby the following votes: FOR: Council Members Romero, Williams, Roalman, Williams & Mayor Settle AGAINST: None ABSTAIN: None._ ABSENT: None The foregoing resolution Was adopted this 18th . _day of November 1997. Allen K. Settle, Mayor v ATTEST: :. - APPROVED AS TO FORM: Jeffrey 6. Jorgensen, City Attorney -G'" %�� � 0 0 RESOLUTION NO. 7 31997 Series) A RESOLUTION SOLUT_ I.ON OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING EQUIPMENT AS SURPLUS PROPERTY WHEREAS, the City Charter requires that the Council approve the sale or disposal of surplus property with an estimated value greater than $100; and WHEREAS, the Police Chief and Director of Public Works have identified equipment items as set forth in Exhibit A which are no longer needed by the City. NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of San Luis Obispo hereby declares: SECTION 1. All items of property listed in Exhibit A are no longer needed by the City and are surplus property. SECTION 2.. Disposal of the property shall be made by sale at public auction or by another method of disposal in accordance with the City's surplus property policy as determined by the Director of Finance to be in the best. interest of the City. Upon motion of Romero seconded by Williams , and on the following roll call vote: AYES: Council Members.Romero, Williams, Roalman, Smith & Mayor- Settl NOES: None ABSENT: None the foregoing resolution was adopted this 18 th day of November 1997. APPROVED AS TO FORM: /ter ,uc� r R 87.39 Police Department Vehicles EXHIBIT A Year Make Model License # Vehicle I.D.# Estimated Value 88 Oldsmobile Cutlass 90008 1 G3GM 11 YOJP308792 1,500 91 Pontiac Bonneville 972263 1G2HX54C6M1238455 5,000 91 Ford Taurus 347549 1FACP52U7MG159638 3,500 85 Chevrolet Celebrity 375640 1 G 1 AW 19W 6F61 10730 1,200 91 Chevrolet Caprice 347540 lGlBL5379MR150866 3,000 94 Chevrolet Caprice 008366 1 G 1 BL52P8RR195127 3,000 94 Chevrolet Caprice 008360 1 G 1 BL52P5RR195585 4,500 94 Chevrolet Caprice 008361 1 G 1 BL52P3RR195732 4,000 94 Chevrolet Caprice 008367 1 G 1 BL52PXRR195050 4,000 94 Chevrolet Caprice 008362 1 G 1 BL52P2RR195561 4,000 94 Chevrolet Caprice 008363 1 G 1 BL52PORR1 95011 4,500 94 Chevrolet Caprice 008364 1 G 1 BL52P3RR195083 4,000 94 Chevrolet Caprice 008365 1 G 1 BL52P3RR195410 4,500 94 Chevrolet Caprice 008387 1 G 1 BL52PORR195039 4,500 Public Works Vehicles & Equipment Vehicles Year Make Model License # Vehicle I.D.# Estimated Value 90 Dodge Dakota 090126 1B7FL26X2LS763602 2,500 87 Ford Ranger 492925 1 FTBR10TOHUA94237 1,200 66 Ford Oil Truck 196917 F61 BRA42086 2,000 81 Ford Dump Truck 766408 1 FDWK74N2BVJ22635 4,500 78 GMC Dump Truck 709832 TCE618V583535 4,500 79 GMC Dump Truck 727649 T17DE9V594701 4,500 Equipment Description I.D. # 80 Joy Compressor 0722850 1238 hours 1,500 81 Essik roller Walk behind 82101 194 unknown hours 500 85 Galion roller Vibratory roller DU- 510112 860 hours 2,000 Walk- behind asphalt curb maker N/A unknown hours 1,000 TOTAL $75,400 �� c P�,` � ���` RESOLUTION NO. 8738 (1997) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE FILING OF APPLICATIONS WITH THE FEDERAL TRANSIT ADMINISTRATION FOR FEDERAL TRANSPORTATION ASSISTANCE WHEREAS, the Federal Transit Administration has been delegated authority to award Federal financial assistance for a transportation project; and WHEREAS, a grant of Federal assistance will impose certain obligations upon the City San Luis Obispo and may require the City of San Luis Obispo to provide the local share of project costs; and WHEREAS, the City of San Luis Obispo has or will provide all annual certifications and assurances to the Federal Transit Administration required for the project; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: that the City of San Luis Obispo is the designated recipient as defined by 49 U.S.C. 5307 (a)(2), 2. that the Public Works Director is authorized to execute and file an application for Federal assistance on behalf of the City of San Luis Obispo with the Federal Transit Administration for Federal assistance authorized by 49 U.S.C. Chapter 53, Title 23, United States Code and other Federal statutes authorizing a project administered by the Federal Transit Administration, 3. that the Public Works Director is authorized to execute and file with the application the annual certifications, assurances, and other documents the Federal Transit Administration requires before awarding a Federal assistance grant, and 4. that the Public Works Director is authorized to execute grant agreements with the Federal Transit Administration on behalf of the City of San Luis Obispo. Upon motion of Williams seconded by Smith and on the following roll call vote: AYES: Council Members Williams, Smith, Roalman, Romero and Mayor Settle NOES: None ABSENT: None the foregoing resolution was adopted this 4th day of November , 1997. jeI , ATTESTED: i er c D 4714 ,.LU� o -�� �� � /��'�� c, �;,.;v ,� :r+. , ,_ i FEDERAL TRANSIT ADMINISTRATION GRANT APPLICATION for SLO TRANSIT PROGRAM OF PROJECTS FOR FISCAL YEAR 1997 -98 Federal Apportionments- For 1997-98 From Previous Years Proiect $545,000 $533,000 Federal Total Amount Amount Inteimodal Terminal $600,000 $2,725;000 Support Vehicles 32,000 40,000 Radios 32,000 40,000 Capital Cost of Contracting 40,000 50,000 Operating Assistance 7/1/97 to 6/30/98 364,900 1,283,700 Net Project Cost $4,138,700 Federal Share $1,068,900 Local Share $3,069,800 n Transportation Development Claim for Funds FY 1997/98 All the items marked with an X are included with this claim ITEM # DESCRIPTION X 1. Signed and completed claimant information form. X 2• Signed and completed certifications form. X 3. A completed Annual Project and Financial Plan. X 4. Resolution authorizing the claim for funds including the amounts of LTF and STA funds being requested, the proposed uses of those funds, and a finding that reasonable efforts have been made to implement transit productivity improvements recommended in performance audits (transit claimants). X 5. A proposed budget for the fiscal year of the claim. pertaining to transit or subsidized taxi. X 6. A statement identifying actions to comply with prior year's fiscal audit recommendations (if applicable). X 7• A statement identifying and substantiating the reason or need for any increase in the transit operating budget in excess of 15% above the preceding year, and substantial increases or decreases in the scope of operations or capital provisions for major new facilities (if applicable). X 8• A certificate from the CHP verifying that the operator is in compliance with Section 1808.1 of the vehicle code as required in PUC 99251. Item 1 Claimant Information TO: San Luis Obispo Council of Governments 1150 Osos Street, Suite 202 San Luis Obispo, CA 93401 FROM: City of San Luis Obispo 955 Morro Street San Luis Obispo, CA 93401 CONTACT: Harry Watson, 781 -7209 CLAIM # SLO -978 -1 FISCAL YEAR 1997 -98 This claimant, qualified pursuant to Section 99203 of the Public Utilities Code,.hereby requests, in accordance with Chapter 1400, Statutes of 1971, as amended an applicable rules and regulations, that an allocations be made for the purposes and in the amounts described in the attached Project and Financial Plan. Annual LTF Apportionment Annual STAF Apportionment by Revenue by Population Total Amount Claimed $863,509 $59,851 $10,085 $49,766 Claimant Signature:C is or cs irector Date: %, 2 ;P �' ;7 $863,509 This claim was conditionally approved by the San Luis Obispo Council of Governments at a meeting on June 4, 1997 by Resolution No. 97 -06. 1� Item 2 Certifications Proposed expenditures conform to the Regional Transportation Plan as required by CCR 6651. 2. The City of San Luis Obispo has established a separate account for bicycle and pedestrian allocations pursuant to PUC 99233.3. 3. SLO Transit is not budgeted to receive TDA allocations for operating costs that exceed budgeted operating costs minus the sum of budgeted fare revenues and budgeted federal operating assistance. The ratio of fare revenue to operating cost for SLO Transit was at least 20 percent in 1996 -97 and will be at least 20 percent in 1997 -98. 1996 -97 1997 -98 Operating Cost Fare Revenue $1,310,670 $1,283,700 Federal Operating Assistance $308,757 $328,800 Fare Revenue /Operating Cost $455,000 $364,900 Operating Cost - Fare Revenue - Federal Operating Assistance 24 .26 p g $546,913 $590,000 4. The City of San Luis Obispo is making full use of federal grants available through the Urban Mass Transportation Act of 1964 and the Intermodal Surface Transportation Efficiency Act as required by CCR 6754(3). 5. SLO Transit will comply with SLOCOG's adopted bus transfer pass policy. 6. SLO Transit makes available reduced transit fares for senior citizens and disabled people as required by PUC 99155. 7. As required by PUC 99264 SLO Transit does not routinely staff transit vehicles designed to be operated by one person with two or more persons. As required by CCR 6754(2) SLO Transit is not precluded by contract from employing part-time drivers or from contracting with common carriers of persons operating under a franchise or license 8. SLO Transit complies with inspection and driver certification requirements of CVC 12804.6. SLO Transit will program or implement.services to meet all unmet transit needs per the adopted 1996 SLOCOG resolution, if applicable. 10. SLO Transit is not eligible to receive its STAF allocation for 1997 -98. 11. SLO Transit has an adopted short range transit plan. 12. SLO Transit recorded the following operating data for 1996 -97: Vehicle Service Hours: 28,951 Vehicle Service Miles: 318,967 Passengers: 999,861 Employee Hours: 47,780 13. Before disbursement of TDA allocations, the City of San Luis Obispo will: a. submit a claim to SLOCOG b. submit a state controller's report of financial transactions to the State Controller's Office and to SLOCOG C. submit to SLOCOG by December 31, 1997 three copies of a certified fiscal audit of all TDA funds received in 1996 -97 Claimant Signature: ruo is WOMS erecto°� /A r Date: /o� 9/9-7 ITEM 3 Annual Project and Financial Plan City of San Luis Obispo Proposed Use: Authority: Amount: City Share of Regional Transit Cost Subtotal to be Paid Directly to SLORTA Bicycle and Pedestrian Education Bicycle and Pedestrian Planning Local Share of SLO Transit in 1997 -98 TDA Audit Cost Subtotal to Be Paid Directly to the City Total LTF Allocation Total STAF Allocation Total TDA Allocation Article 4, Section 99260 286,521 286,521 Article 3, Section 99233.3 17,270 Article 8, Section 99400(a) 21,717 Article 4, Section 99260 536,751 Article 3, Section 99245 1,250 576,988 863,509 0 863,509 0) 7 y C d > `o m 0+ o o., o O q . a V % \ xn O y 00 z E 0 E Ch O. Q r W V1 ^ d y O u � � o Z 7 `a Oi 0 C 7 Q•i O d r rn b P C 'O v O C ,C O u 0 c V x c u a E C O U c u C C� 6 Y e m i n Q� V P c4 c 0 c V `u c N yU L O O b, Q y a P t O L 0 c N F 0 N O n' 0 N v c MIL e 0 O U C 0. C F 5 0 O O O Y9 O O 0 M vi C O n 0 6 Q U u 0 Eo" o_c V C La. W F 0 O b M O O O e �f O a 0 6 U u O a F 0 N 0 0 t+ 0 0 0 0 0 0 0 0 0 N C N e � T E T U 0 e N o° 0 L ° G o — N w i V G O CL V V � o C O v O O a' - 2 0 .2 U< m V o eo vi N _ O O p (7 _ o Q°._ e a n � u v u CC ° 0 _ � o o e V r a o e e F vJ H r � a u � N A V) O O O O O O ° �' O O N O M v G � — M r rn b P C 'O v O C ,C O u 0 c V x c u a E C O U c u C C� 6 Y e m i n Q� V P c4 c 0 c V `u c N yU L O O b, Q y a P t O L 0 c N F 0 N O n' 0 N v c MIL e 0 O U C 0. C F 5 0 O O O Y9 O O 0 M vi C O n 0 6 Q U u 0 Eo" o_c V C La. W F 0 O b M O O O e �f O a 0 6 U u O a F 0 N 0 0 t N N 0 t+ 0 0 0 0 0 0 0 0 0 N C e � E T G — w i C v O - 2 .2 U< r rn b P C 'O v O C ,C O u 0 c V x c u a E C O U c u C C� 6 Y e m i n Q� V P c4 c 0 c V `u c N yU L O O b, Q y a P t O L 0 c N F 0 N O n' 0 N v c MIL e 0 O U C 0. C F 5 0 O O O Y9 O O 0 M vi C O n 0 6 Q U u 0 Eo" o_c V C La. W F 0 O b M O O O e �f O a 0 6 U u O a F ITEM 6 Actions to Comply with 1995 -96 Fiscal Audit Recommendations The fiscal audit for 1995 -96 noted that SLO Transit had received $436,000 more than it was eligible to receive from the Local Transportation Fund. This ineligible portion was classified as deferred revenue. The audit recommended 1) that the City identify specific capital project appropriations which would be spent in the following fiscal year and would in effect reduce the deferred revenue and 2) that "the City closely monitor the funding requested in future years and its eligibility for TDA funds based on the guidance contained in the TDA statutes ". At June 30, 1997 there was $316,000 of deferred LTF revenue. Nearly all of this deferred revenue was appropriated as the local share of the following capital projects, which were not completed during 1996 -97:. If these projects had been completed in 1996 -97, there would have been only $3,600 of deferred revenue at June 30, 1997. - Local Share Multi -Modal Transportation Terminal $ 27,100 Bus Maintenance Building Expansion 71,000 Bus Acquisition (Three Buses) 151,000 Bus Stop Improvements 2,300 Passenger Van Acquisition 28,000 Service Truck.Acquisition 33,000 $312,400 If these projects had been completed in 1996 -97, there would have been only $3,600 of deferred revenue at June 30, 1997. - J, ITEM 7 Substantiation for Any Increase in the Transit Operating Budget in Excess of 15 Percent Above the Preceding Year Transit Operating Budget for 1996 -97 $1,300,800 Transit Operating Budget for 1997 -98 $1,283,700 Amount Decrease - $17,100 Percentage Decrease -1.3% No substantiation required OVARTMENTOFC!oJ00 NIA HIGHWAY. PATROL VEHICL&EQUIPMENTINSPECTION REPORT MOTOR CARRIER SAFETY OPERATIONS CHP 343A (Rev 4 -91) OP1062 clRtxE oHE Tractor Trailer 4AKE EOUI �i Tracor Trailer Do raetor Trailer 0 0 NTAOL NU ai PAGE OF ?ATE "'\-7 4 "7 92 a Test ❑ witru 1 t,ARRIER (NAME OR TERu#W FLE CONTROL NL OEPAA - TYENT OF CALIFORNIA HIGHWAY PATROL INSPE TION DRESS _ �r -- PAVE VEMCLE/ElOOMENT INSPECTION REPORT MOTOR CARRIER SAFETY OPERATIONS crn oa u - CHP 343A (Rev 4 -91) OPI 062 DATE rIRCUE ONE - T%Cwr Trailer MAKE ` EOUIPMENT NUMBER LICENSE NUMBER - VIN - Truck _ . Doll C C "- M ln/ _ ODOMETER CIRCLE ONE _ _ MACE -- EOUIP UMBER US VIN O Ln Tractor Trailer M j Truck -- Bus Doll ER TANK/CWJTAWER MAKE - SPEC1i1'PE - SERAIL NUM13ERNNIT NUMBER CT NUMBER I 1 - - VRS - - CERTIFICATE TYPE, CERTIFICATE UMBER nAr @.111 O Certi£wi1 1 — Tractor VIN CT NL Test Certified M witm y9y nw until depleted 02 96121 1 — Tractor VIN CT NL Test Certified M witm y9y nw until depleted 02 96121 DEPARTMENT OF CALIFORNUI HIGHWAY PATROL CCWT NUATION \ _ ; THIS IS A CCNTWUATION OF CHP343 -1 Rev11 -93 OPL062 REMARKS - -- - -- �_- _. -. CHP_343 CH? 343A CHP 343C _ z l C v p 1�1 l 1 �✓1 j3 L IZ l U 57 LS .� _ _ S I�Ert� F l.c �LAM bFtZ,. _ O - c S 1 ) 0nl 15 = _tOPo EP W I m. ES - -i u i u P.,L b _A - q f�� 0 W N W Q m o: W m DN LLz O0 Z Q p a 4c 0 LL LL Z 3 Z > w 0 r � O F w r Y T U cl zO Q � � v Q z a c � � go O� .ti z O Q LL D K U W lx > z 0 L W tU i w ti m Uz r LL � OW8 z0W o e z w m J z Q Q F m H Um doh Y � m LL Z O F- in aw> O IOU CL D W O H V F f N rc- o— m H 0 �z0 W O � 0u 1v YO w w W 2 O Q oz� �0q W H 9 m�4 J Q z 0 1� W UQ Y m _ U CL o W W so 0 W z H Z ix _20cn Lu uQ❑ n,z0 cr W U. ¢Ix0 ■ C W W cr J m ■ LL � M tut Z O% Q U Ln M o� N Q > C9 ZE W fn > r ra H In O O zz a 4<00 stn Zca r" 0 a0 3 Q QWQtr J � O oida.I 000%z J � N W . n a \ n 0 \ C3 IL x q W W C' M M � \O' zN z W Wo 044 f\ ■� WN Q 4Y Y C O OA WaPCfW aW��`ZM O azU W N 4n W JZMzrr <<10 ►+XN1-4U UWNF —O M i QA W J O r x < � 0::LD z U O z 011+ ac UM(ACAr W W Z MEce ar 0 "WN LL rarz ZX M Q W W Z r M R W (D LL Q M Q Z 0 > U U W M(nM r oa1m4n O WQWch z za >oh 2 -(a L) W O w ir O LL O W U a w U) z O C O W: LL z 0: O Q: Lu cr a a: r X: W: z' Z.. 0:; Q W:: W Z'. am= � O W ....�Z.: w r z N H Z Q 0 U U z w N � _ W Q. Q S � � m '< W O W UQ W J W F r % 0 a ix O W= r �O W �a z 0 0 z AW 44914 0 �O O W J. w <a U) W -Eni0 a� CL O m � Ix ,y w w W m O: 7 > LL z O� p N LW U CD O O a O LL ~ Z Q ZN O M O P J H O > ci LL LLI a LL Z 3W t- Z > a w O xZ M 0 HO H O V10 O Z LL H H Q w a0 Y Z z O > UH O H U Z J 7 $ e mQ O Q v U QQc•Z a J-7N(A s a m e Q 4 � e � w Cl 'r a O W o° `T U d N w z s N J W C w Z O Z Q Z W LL Q � Z c W QtiQ U. m Z O O � IX u W W 7 �� Ln it o in 1 'y y a W m > > 0 Z U w LL w 0 M z0w o a F 2 W O J V a O w � m rrV yz O J Y purL a LL Z F JaQ O a rn 0 F- � a 0 > U 5 f N m C 0z Fi0 W H O OUQ E Q o !2w w z0 2 Z Cow y USLL m 9 JQ 2 0 1 W UQ i0 0 U z w 0 goo o S a 9 cx z �O O J. w <a -Eni0 66 wgLL CL O Ix ,y w w LL O: 7 M LL z O� Q U Ln w O LL ~ O > LL H O O w U > C9 z a LU w N N > M �Q H V10 O ZZ a aaa(A F- H O a0 3 C] N z O Q LLJ J 7 F- C]YCLJ Q H U CK QQc•Z O J-7N(A LL z O to w c w U H w > O F Z m O 12 QH Q wN Z !H H ZZ HN o JZ a � I � $ H to N _ �U co H I !Q W i w NO 0 Q Z a $ NA W VI S O> Q m JH U3 s I y v W o F U a W > CY 2 —coL) w �xf �Ow H Z O Vl � a O U U = W )y0 F O W 0 Q o S y � K Q W x 0 Z F W UQ LL 0 W J W WWQ mw6 O Z WZ FO CL Q 0 (L6 1vO n38) nria RESOLUTION NO. 8737 (1997) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE 1997 -98 ANNUAL CLAIM FOR LOCAL TRANSPORTATION FUNDS TOTALING $863,509 WHEREAS, the San Luis Obispo Council of Governments ( "SLOCOG ") has apportioned $863,509 of Transportation Development Act subventions from the Local Transportation Fund to the City of San Luis Obispo for approved transportation programs and projects; and WHEREAS, to receive this money the City of San Luis Obispo must file a claim with SLOCOG; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: to approve the 1997 -98 Annual Claim for Local Transportation Funds in the amount of $863,509 for the purposes of transit operations, transit capital improvement, bicycle and pedestrian education, and bicycle and pedestrian planning; 2. to authorize the Public Works Director to execute the claim documents; 3. to declare that reasonable efforts have been made to implement transit productivity improvements recommended in performance audits; and 4. to direct the City Clerk to forward the annual claim plus one certified_ copy of this resolution to: San Luis Obispo Council of Governments 1150 Osos Street, Suite 202 San Luis Obispo, CA 93401 Upon motion of Williams. seconded by Smi th and on the following roll call vote: AYES: Council Members Williams, Smith, Roalman,.Romero and Mayor Settle NOES: None ABSENT: None the foregoing resolution was adopted this 4th day of November -11997. Mayor ATTESTED: ;gFt� APPROVED: /_, //. �. ! L � R 8717 /ILI N, RESOLUTION NO. 8736 . (1997 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING FINANCIAL PLAN POLICIES REGARDING INDEPENDENT DISCLOSURE COUNSEL WHEREAS, the 1997 -99 Financial Plan sets forth policies governing the City's approach to meeting its capital financing and debt management needs; and WHEREAS, there is a heightened awareness and concern about full disclosure in financing documents such as Official Statements, and the possible need to engage an independent disclosure counsel depending on the circumstances of the financing. NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the independent disclosure counsel policy provided in Exhibit A is hereby adopted. On motion of Council Member Smith seconded by Council Member-Romero and on the following roll call vote: AYES: Council Members Smith, Romero., Roalman, Williams and Mayor Settle NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 4th day of November 1997.. ATTEST: C' Clerk Bonn' a L awf Mayor Allen Se le APPROVED AS TO FORM- `; R 8710; Amendment to Financial Plan Policies CAPITAL FINANCING AND DEBT MANAGEMENT Exhibit Independent Disclosure Counsel The following criteria will be used on a case -by -case basis in determining whether the City should retain an independent disclosure counsel in conjunction with specific project financings: A. The City will generally not retain an independent disclosure counsel under the following circumstances: 1. The financing will be competitively bid. 2. The revenue source for repayment is under the management or control of the City, such as general obligation bonds, revenue bonds, lease- revenue bonds or certificates of participation. 3. The bonds will be rated or insured. B. The City will consider retaining an independent disclosure counsel under the following circumstances: 1. The financing will be negotiated. 2. The revenue source for repayment is not under the management or control of the City, such as land -based assessment districts, tax allocation bonds or conduit financings. 3. The bonds will not be rated or insured. 4. The City's financial advisor, bond counsel or underwriter recommends that the City retain an independent disclosure counsel based on the circumstances of the financing. G: Finance/Budget 97Rolicies /Amendment — Independent Disclosure Counsel . -- i RESOLUTION NO. 8735 (199'7 Series). A RESOLUTION OF THE CITY COUNCIL OF THE CITY- Of SAN LUIS OBISPO APPROVING AGREEMENT WITH THE CITY OF MARICOPA FOR LEASE OF ONE SURPLUS POLICE VEHICLE WHEREAS, the City of Maricopa, California, has requested assistance in.obtaining reliable surplus vehicles for the use of their police department; and WHEREAS, the start-up costs for the police department have left the City of Mar cops in a difficult financial position- and WHEREAS, the City of San Luis Obispo has a surplus vehicle which is still serviceable and will meet their needs; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby declares that the City Administrative Officer is authorized to execute the attached agreement marked as Exhibit A. Upon motion of Council Member Williams I . - - seconded by Council Member Smith and on the following roll call vote: AYES- Council Members Williams, Smith, Roalman, Romero and Mayor Settle NOES-0 None ABSENT: None the foregoing resolution was adopted this 4th day of November 11997. ATTEST: ity Clerk gnii��e - /� wf e,11 APPROVED AS TO FORM: y IforVIsen Mayor Allen K. Settle D 5271 r ��IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII �IIIIIIII VIII II C ity ®f S WIS OB Ispo POLICE DEPARTMENT Post Office Box 1328 • San Luis Obispo, CA, 93406 -1328 • (805) 781 -7317 November 5, 1997 Mr. Alan Kapanicas City Manager City of Maricopa 400 California St. Maricopa, CA 93252 -0548 Dear Mr. Kapanicas, This letter is in response to the request. of the City of Maricopa to lease a "surplus City of San Luis Obispo police vehicle. We are glad to assist you in meeting your public safety needs and have. tried to structure this agreement to meet your financial abilities while meeting our fiscal obligations to the citizens of our community. Based on the discussions between your Chief Biggerstaff and our Chief Gardiner, we would propose the following lease conditions. 1. The vehicle to be leased will be a 1994 Chevrolet, our unit #9510. This unit has approximately 87,700 miles and is delivered "as is with no implied or expressed. warranty. All repairs and maintenance will be the responsibility of the City of Maricopa. 2. The City of Maricopa will pay $600.00 annually for the lease of the vehicle. This sum Shall be paid in advance and will begin when the City of Maricopa takes possession of the vehicle. This annual payment will remain in effect as long as the City of Maricopa uses the vehicle. The annual payment will end when the vehicle is declared unusable by the City of Maricopa or upon the receipt of the fifth annual payment at which time the vehicle shall become the property of the City of Maricopa. Should the vehicle be declared unusable and disposed of prior to receipt of the fifth annual payment, the City of Maricopa shall imme diately remit the entire balance of annual payments remaining due to the City of San Luis Obispo. 3. The City of Maricopa will maintain $3,000 collision insurance on the vehicle and agrees to indemnify and defend the City of San Luis Obispo in any claim or lawsuit arising out of the operation or use of the vehicle during the life of this lease. "Service, Pride, Integrity" !l Ll The City of San Luis Obispo is committed . to include the disabled in all of its services, programs and activities. -2- Mr. Alan Kapanicas November 5, 1997 If these terms are agreeable to the City of Maricopa, please sign below and return this letter. Upon receipt of this letter, we will make arrangements for your personnel to take custody of the vehicle. Again, we are glad to assist you in your efforts to serve the residents of your community. If you. have any further questions, please feel free to contact Chief Gardiner at 781.7337: Sincerely, John Dunn City Administrative Officer City of San Luis Obispo On behalf of the City of Maricopa, we agree to the lease conditions expressed in this agreement. Alan Kapanicas, City Manager Date City of Maricopa 11/08/87 08:38 FAX 9098980837 GGMS qI Vic 61 /19/j"A 89:42 o"0=168 bOV% LUU+ uaaaru ru . W "' C f i1 �t1s C� �domvo par° arse ee•ssms do • moa ..«m" Navri"S. M07 ilk. A O 1$epst IM 119 CA 9%2S2ealei Drys lye. Ybro IdMt 16 m MMWAC 00 00 twltatMI of *4 ChY of MWionpa to 1-use a sq"plue Ctty Of Ben >� t�bilpO pttliost vaAide. Wo d+s � to attyiyt you in nrNting your p�eblio t►�tY tttieds aad Iry u1e� m tttt this i�roettiattl;lo atyao yt>a,r Brat►oid teDiiises +obits nis6titi� eiir fiscal an IM e>mbsmsa crew ®tntnuNbt. &W or Ilea &WAiiM blows your t Ajd §iUraloff and out Chiof 4vdiner, we would plop- ft fAtCe IoW eottdidW& 1. ?ha vddit to be lased vA Os a 199d- ChOOMO as, Out` umt 09310. Fl+"nii has ,may 17,7M nut* rod is d® AMMd "a1 is" With ne itrtplitd bt V*ftMd AU tr�Ws teed ttidllolttrem9 will bm ells ragotts;biliry oltha Ctity of Mdtittopa. Z. 1'hr Ciq of bdWWop® WLI pay $=.CC anOUSlly for L** Now of" veAioto. This am "ba paid in achuce End w91 be" who the City oiMaticOpa Was pOS..soon Of the vda t. 7his salad P*MM WIt1 > 80 e!t'66t 01*% as the City of Mariovpa UM dos vttOM& Mus eta pow vAU end v*mn the vsltiele is dealsrad uausabio by the jb of ldWloopa or upon the rhealpt of tlto tilt wend payma t at which time die veined s'1!tsQ boon for Popov Af {bY MY of Weeps, Should doe yehido be dWato ttltiosabla sled dlgoosd at 9e" tls Mae* of the !iM stmtal pgrdte L to City of M.ormpa "I ltnraadial * "Elie do eettila belmooe of anew pagoonts rv"Weias an to the Cft of pra Lida 3. iE CHY at Mffin" *At1 I W IN i 93,000 aol;iu" instiform on the vehicle and ®grass to 6td1, load datm ll the ClW of 96b Luis Obiidp in say skies to lawsuit origins out Of ftne, 0 Gr twee of for 1lrtt A *aft lhs )& of*# Mass to Je1"N= $t Integrity" A 0 oe a DWVq , aopk" WO WAmob s io'd 90 =LT L6. S naps 0£58- 691- GM - -xtj a3T1 ad 13) edoojjmN W 'd Si: ST 16. 9 AoN OiTS- 69L- SMxej aatlad tO edooIJew 11/06/97 08:38 PAS 9096980937 GC.NS �vs s1119/199s ".62 98894] /18B awn was Wusw ru •- AW KffWlkW Woomaho S. IM7 lfdh to do'chy of ple s moo bolow o„d:*%am thBa looker. Wpm P"Wp3 0 this law, we WM mab ma*� >t Yout wsomel 10 Wke Wbto* of 11tH V �dA. w. � � to o�cyvu in your eillfoets to iww dte t9�sidonis of 7otiv unite, l>< 7w 1m ■ Y smoka to ell ftkf ftdiM at 781 -7337. 'oho p" C&br otl= LI& MJM On bAff of Qw Cib of KIMOM we Va e9 On lie conditions enpr=W in flue /�9(01 ez� - - - r DW9 tp0'd LO: LT L6. S AGN 0£T8- 69L- MS, -xv.A 83110d da pdo3{JvW 20 'd 9<': S T 26, 9 AON 018- 69z -GM X2J a311 od dJ 2dooI -new