HomeMy WebLinkAbout8875-8889RESOLUTION NO. 8889 (1998 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING AN APPEAL OF THE HEARING OFFICER'S
ACTION, THEREBY APPROVING THE MINOR SUBDIVISION CREATING TWO
LOTS FROM ONE AT 2903 BROAD STREET (MS 61 -98)
WHEREAS, the City Council conducted a public hearing on December 15, 1998, and
has considered testimony of interested parties including the appellants, the records of the
Minor Land Division hearing and action, and the evaluation and recommendation of staff, and
WHEREAS, the City Council has determined that the minor land division is exempt
from CEQA per Section 15315 Minor Land Divisions.
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this Council, after consideration of project plans for MS
61 -98 and the Hearing Officer's action, public testimony, the appellant's statements, staff
recommendations and reports thereof, makes the following finding:
1. The design of the tentative map and proposed improvements are consistent with the General
Plan, which allow division of land in accordance with the City's subdivision regulations.
2. The site is physically suited for the type and density of development allowed in the R -2 -S zone,
because the lots have adequate size and frontage for residential uses, consistent with the
subdivision regulations.
3. The design of the subdivision and the proposed, improvements are not likely to cause serious
health problems, substantial environmental damage or substantially and unavoidably injure fish
or wildlife or their habitat because no further development is proposed at this time. Additional
environmental review may be required at the time of further development.
4. The design of the subdivision or the type of improvements will not conflict with easements for
access through, or use of property within, the proposed subdivision.
5. The Community Development Director has determined that the proposed land division is
exempt from environmental review, because it meets all standards (Class 15, Section 15315).
SECTION 2. Denial. The appeal is hereby denied, and the minor subdivison creating
two lots from one is approved subject to the following conditions and code requirements:.
Conditions
1. The subdivider shall dedicate a public pedestrian easement along Rockview Place frontage,
varying from 1 foot wide adjacent to the sidewalk and 6 foot wide adjacent to driveway ramps,
R8889
Resolution No. 8889 (1998 Series)
Page 2
so that future sidewalk and driveway ramp modifications can meet the requirements established
by the Americans with Disabilities Act
2. Each parcel shall be served with separate services/laterals (water, sewer, gas, electric,
telephone, and cable TV) to the satisfaction of the Director of Public Works.
3. Street trees will be required to be planted at the same time of development of each parcel in
accordance with city standards and to the satisfaction of the City Arborist.
4. All boundary monuments, lot corners and centerline intersections, BC's, EC's, etc., shall be
tied to the City's Horizontal Control Network At least two control points shall be used and a
tabulation of the coordinates shall be submitted with the parcel map. All coordinates
submitted shall be based on the City coordinate system. A 3.5" diameter computer floppy
disk, containing the appropriate data compatible with AutoCAD (Digital Interchange Format,
DXF) for Geographic Information System (GIS) purposes, shall be submitted to the City
Engineer.
5. The parcel map, public improvement plans and specifications shall use the International
System of Units (metric system). The English System of Units may be used on the final map
where necessary (e.g. - all record data shall be entered on the map in the record units, metric
translations should be in parenthesis), to the approval of the City Engineer.
6. The property owner shall grant an avigation easement to the County of San Luis Obispo via
an avigation easement document prepared by the applicant and submitted to the County for
approval and recordation. The applicant shall provide the Community Development
Department with a copy of the easement for documentation purposes. Note: the process of
granting an avigation easement takes approximately one month, therefore, it is recommended
that the property owner pursue this requirement as soon as possible.
7. Redevelopment of Parcel 2 shall require the provision of utility services from the Broad
Street frontage. A covenant to that affect shall be recorded concurrently with the final parcel
map.
8. The lot line dividing the two parcels shall be reconfigured so that Parcel 2 complies with City
standards for lot width to depth ratio (1:3).
Code Requirements
1. Traffic impact fees are required to be paid prior to the issuance of a building permit.
2. Water and wastewater impact fees are required to be paid prior to the issuance of any
building permit.
R8889
Resolution No. 8889 (1998 Series)
Page 3
On motion of Council Member Schwartz , seconded by
Mayor Settle , and on the following roll call vote:
AYES: Council Members Marx, Schwartz, Vice Mayor Romero and Mayor
NOES: None Settle
ABSENT: Council Member Ewan
the foregoing resolution was passed and adopted this 15th day of December, 1998.
N
144yor Allen ettle
ATTEST:
City Clerk Lee Price
APPROVED:
ty Att me eff rgensen
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RESOLUTION NO. 8888-, (1998)
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:
1. 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.
Council
Upon motion ofVice Mayor Romero, seconded byMember Schwartz and on
the following roll call vote:
AYES. Council Members Ewan, Marx, Schwartz, Vice Mayor Romero
and Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was adopted this 15thday of December , 1998.
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FEDERAL TRANSIT ADMINISTRATION
GRANT APPLICATION
for
SLO TRANSIT
PROGRAM OF PROJECTS
FOR FISCAL YEAR 1998 -99
Federal Apportionments:
For 1998-99 $634,100
From Previous Years $9,100
Federal
Project Amount
Bus Yard Lot Resurfacing $16,000
Capital Cost of Contracting 40,000
Operating Assistance 7/1/98 to 6/30/99 330,000
Net Project Cost
Federal Share
Local Share
Total
Amount
$4,000
50,000
1,364,300
$1,418,300
$386,000
$1,032,300
Attachment R8888_f -__
Page 1
�i
PLEASE NOTE: IF YOU ARE COMPLETING FORMS ON SCREEN,
USE ARROW KEYS OR TAB KEYS TO MOVE FROM LINE TO LINE
- There are 7Items Total -
Item 1. CLAIMANT INFORMATION
TO: San Luis Obispo Council of Governments
1150 Osos Street, Suite 202
San Luis Obispo, CA 93401
TEL. 781 -4255; FAX. 781 -5703; e-mail slocog@slonet.org
FROM: AGENCY:
MAILING ADDRESS:
CITY:
ZIP CODE:
CONTACT NAME:
PHONE:
TITLE:
DATE:
City of San Luis Obispo
955 Morro Street
San Luis Obispo, CA
93401
David Elliott
(805) 781 -7209
Administrative Analyst
12/02/98
FISCAL YEAR: 1998/99
This claimant, qualified pursuant to Section 99203 of the Public Utilities Code, hereby requests, in
accordance with Chapter 1400, Statutes of 1971, as amended and applicable rules and regulations,
that an allocation be made for the purposes and in the respective amounts as described in the
attached Project and Financial Plan claim form. The total amounts correspond to the allocations
approved by the San Luis Obispo Council of Government on June 3, 1998.
a) Annual (LTF)
b) Annual (STA) Funds
TOTAL FUNDS BEING CLAIMED ARE:
$946,955
$175,931
$1,122,486
This claim was conditionally approved by the San Luis Obispo Council of Governments at a meeting on
June 3, 1998, by Resolution No. 98 -09.
Shaded box below, SLOCOG Office Use Only
Ronald L. De Carli, Executive Director Date Claim #
The original/modified claim received on is hereby approved.
Attachment R8888
Page 2
Item 2. CERTIFICATIONS
By providing the required information and marking each applicable box below, the authorized official
certifies compliance with all of the required TDA Certifications. (All claimants complete Part I,
Transit Claimants complete Part II as we/4.
PART 1.
® The proposed expenditures are in conformity with the Regional Transportation Plan (CCR
6651).
® A jurisdictional fund will be established for pedestrian and bicycle allocations pursuant to PUC
99233.3 (JPAs and the CTSA exempt).
Equivalent reduced transit fares and identification cards for senior citizens and disabled
persons are available pursuant to PUC 99155.
Agency will program or implement services to meet all unmet transit needs per the adopted
1998 SLOCOG resolution if applicable.
Prior to disbursement of TDA funds, the following documents will be submitted:
1. This claim for funds will be submitted to SLOCOG; and
2. State Controllers Report (LGFA) will be submitted to SLOCOG and the State Controller by
9/30/98; and
3. Three copies of a certified fiscal audit of all TDA funds received the prior fiscal year will be
submitted to SLOCOG (by December 31 for 2nd quarter payment).
NON - TRANSIT CLAIMANTS: Provide name of certifying representative and date below; You are
finished with the "CERTIFICATIONS" section - you can skip to Item 3 - "ANNUAL PROJECT AND
FINANCIAL PLAN".
TRANSIT CLAIMANTS: PLEASE CONTINUE TO PART II OF THE "CERTIFICATIONS" SECTION.
William Statler
Name of Chief Financial Officer
Attesting to the reasonableness and accuracy of these statements.
12/02/98
Date
Attachment R8888
Page_ 3
PART II. ALL TRANSIT CLAIMANTS MUST ALSO COMPLETE THE FOLLOWING:
Farebox ratio (fares /operating costs) for system is expected to exceed 10% (SLO City 20%).
® Full use is being made of federal funds available under the Urban Mass Transportation Act for
transportation purposes (CCR 6754).
0 Compliance will be maintained with the SLOCOG's adopted bus transfer pass policy.
Z The transit system does not routinely staff transit vehicles designed to be operated by one
person with two or more persons pursuant to PUC 99264; or is not precluded by contract from
employing part time drivers or from contracting with common carriers of persons operating
under a franchise or license (CCR 6754).
® Compliance with California Vehicle Code (CVC) "Drivers Pull Notice Participation" Program
(Section 1808.1) and `Transit Busdrivers; Required Certifications and Employee Records"
Program (Section 12804.6).
® The transit system is eligible to receive STA funds according to the following STA cost -
containment test (required for all recipients of STA funds (PUC 99314.6) which measures the
percent change in hourly operating costs to the percent change in the California Consumer
Price (CPI) Index. All systems qualify in 98/99 based on 95/96 - 96/97 data except SLO City
eligibility will be.recalculated using 96/97 -97/98 data.
® The transit system has an adopted short range transit plan - required to receive additional
discretionary STA funds (and FTA Section 5311) - CTSA EXEMPT.
® Claimant has been issued a certification by the Department of the California Highway Patrol
verifying that the operator is in compliance with Section 1808.1 of the California Vehicle
Code (must be within 13 months of submittal date) (transit only).
® Transit system estimated operating data from the prior fiscal year is as follows:
DATA CATEGORY
FY 97/98
VEHICLE SERVICE HOURS
29,011
VEHICLE SERVICE MILES
316,272
PASSENGER COUNT
828,622
EMPLOYEE HOURS (FULL TIME
EQUIVELANT
64,480
OPERATING COSTS
$1,229,800
FARES
$317,000
TDA RECEIVED IN (FOR) FY97/98
The transit system will not receive TDA funds (LTF plus STA) in excess of operating and
capital costs minus fare revenues.
Attachment 88888
Page 4
William Statler
Name of Chief Financial Officer
Attesting to the reasonableness and accuracy of these statements.
12/02/98
Date
Attachment R8888
Page 5
O
Item 3. ANNUAL PROJECT AND FINANCIAL PLAN - FY 1998/99
(City and County Claimants USE THIS TABLE -
SLORTA, SCAT and Ride -On SKIP TO NEXT TABLE!!!)
Your TDA will be distributed according to this plan
Agency Name City of San Luis Obispo
___Sedtion Amount
Description Article
SEE EXHIBIT A at end of document
1.
Total LTF Allocation (see Exhibit A)
946,555
JPA contributions and other dedicated uses
2.
2% for Bikeways (Exhibit A)
3
99233.3
19,505
3.
Contribution to SLORTA (Exhibit A)
4
99260
291,400
4.
Contribution to SCAT (Exhibit A)
4
99260
Discretionary uses
5.
Local Transit System (operations)
4
99260
616,050
5.
Subsidized Taxi Program
8
99400 (c)
5.
Audit Costs
3
99245
4,000
5.
Streets/Roads Maintenance
8
99400 (a)
5.
Additional Bikeway /Pedestrian Projects
8
99400 (a)
5.
Local Transit Capital Expenditures
8
99400 (b)
15,600
Other miscellaneous transportation
expenditures
8
99400(c)
1.
TOTAL LTF ALLOCATION
946,555
6.
STA Operator revenue -based (Exhibit A)
6.5
99314
7.
STA Discretionary allocation (Exhibit A)
6.5
99313
8.
Additional STA Discretionary allocation
Exhibit A
6.5
99313
Total STA
175,931
9.
TOTAL TDA (LTF + STA)
1,122,486
You're not finished! The claim form continues...
1 The STA Operator Revenue -based amount subject to modification based on adopted State budget. When/if this
occurs agency will be notified.
Attachment R8888
Page 6
Item 4. Statement Identifying Actions to Comply With
Fiscal Audit Recommendations.
The last fiscal audit recommended that the City monitor its vehicle service hours and operating costs to meet the eligibility
requirements for receiving STAF revenues in the future. The cost per hour for 1996 -97 was $46.22. The cost per hour for
1997 -98 was $42.39. Because there was a decrease, the cost per hour did increase by more than the consumer price index,
and SLO Transit has become eligible to receive its STAF allocations.
Item 5. Statement identifying efforts to implement transit productivity improvements
recommended in prior performance audit (transit claimants only).
The last Trienniel Performance Audit (June 1996) found no productivity deficiencies but recommended l I actions.
1. Work to improve the consistency of the Section 15 report.
SLO Transit receives annual waivers of the FTA requirement to file Section 15 reports.
2. Review the position of Transportation Assistant and allocation of its cost to transit.
The permanent Transportation Assistant position no longer works for the Transit program.
3. Actively monitor overhead charges.
Overhead charges are distributed according to an approved indirect cost allocation plan.
4. Participate in cooperative efforts and partnerships in order to deal with potential reductions in federal grants and
contributions from Cal Poly.
Opportunities for such cooperative efforts will be determined by the consolidation study and the joint request for proposals
now being prepared. There are currently no anticipated reductions in federal grants or contributions from Cal Poly.
5. Update the SRTP more frequently or annually review the status of the plan and its objectives.
The SRTP is guiding current plans to expand service in 1999.
6. Prepare a long term study of transit financing in the SLO urbanized area.
Based on the results of recently enacted federal legislation, five year financial projections have been prepared.
7. Consider revising the current schedule and map format to improve readability.
The schedule format has been revised.
8 Consider increasing fares and using a 50 percent discount cash fare for elderly and disabled riders.
Fares were increased in January 1997. A 50 percent discount cash fare for elderly and disabled riders has been introduced.
9. Track vehicle use and status on a monthly basis and set contract standards for vehicle use and maintenance.
Standards and montly reports for vehicle use and maintenance were incorporated into the contract which took effect in July
1997.
Attachment R8888
Page 7
10. Monitor the status of the Proposition 116 grant for the multi -modal center.
Current acquisition, design, and construction schedules have been geared to the time limits adopted in the grant conditions.
11. Improve the system of tracking and reporting customer comments and complaints.
Standards and montly reports for commnets and complaints were incorporated into the contract which took effect in July
1997.
Item 6. Statement Identifying and substantiating an increase in the
transit operating budget in excess of 15% above the preceding year, and/or substantial
increases or decreases in the scope of operations or capital provisions for major new - (transit
claimants only, if applicable).
Transit Operating Budget for 1997 -98 $1,283,700
Transit Operating Budget for 1998 -99 $1,336,000
Amount Increase $52,300
Percentage Increase 4.1%
No substantiation needed.
You're not finished! There is one more item ... the budget
Attachment 88888
Page 8
I. ) 7. Approved Transit System Budc �
Date Approved: (transit claimants only - an original budget may be sent under separate cover
if it can not be summarized below)
e Amount
Transit System Revenues
Fund Balance
238,500
98/99 TDA
693,900
Grants
2,917,600
Fares
321,900
Other (please describe) Interest and Miscellaneous
4,600
Other (please describe) Prior Year TDA -STAF
117,600
Total
4,294,100
Transit System Expenditures (please summarize using a few general categories)
SLO Transit Operations
1,336,000
Multimodal Transportation Center
1,762,200
Downtown Transfer Center
625,000
Passenger Van, Service Truck, Radio Equipment
80,000
Bus Maintenance Building Expansion
397,000
Access Road Security Gate
10,000
Bus Yard Lot Resurfacing
20,000
Other Capital Projects
63,900
Total
4,294,100
The end.
• If you are filing electronically, save file, then go to File (top toolbar), Send, To:
slocog@slonet.org
• If you are filing a hard copy, you may fax it to 781 -5703, or mail it to:
SLOCOG
1150 Osos Street, Suite 202
San Luis Obispo, CA 93401
Please call Suzanne Winslow at 781 -4255 if you have any problems with this form.
Attacbment 88888
Page 9
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RESOLUTION NO. 8887 (1998 Series)
A RESOLUTION OF RECOMMENDATION BY THE SAN LUIS OBISPO CITY
COUNCIL REQUESTING THAT THE LOCAL AGENCY FORMATION_
COMMISSION APPROVE ANNEXATION NO. 102 -96
AT 11855 LOS OSOS VALLEY ROAD; DEVAUL RANCH ANNEXA'T'ION
(ANNX 102 -96)
WHEREAS, the Planning Commission and City Council have held public
hearings on the proposed DeVaul Ranch Annexation; and
WHEREAS, the City Council on December 15, 1998, by Ordinance No. 1344
(1999 Series), certified the Environmental Impact. Report (EIR) for the proposed
annexation, pursuant to the California Environmental Quality Act Guidelines Section
15090; and
WHEREAS, on recommendation of the Planning Commission and as a result of
its deliberations, the Council has approved an amendment of the Zoning Map by
prezoning the annexation property for the annexation known as the DeVaul Ranch
Annexation; and
WHEREAS, City Council approval is a prerequisite for the San Luis Obispo
County Local Agency Formation Commission to initiate formal annexation proceedings;
and
WHEREAS, the territory to be annexed is uninhabited, and a description of the
boundaries of the territory is set forth in Section 2; and
WHEREAS, this proposal is consistent with the sphere of influence of the
affected city;
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1: Findings.
1. The annexation is appropriate since the site is contiguous to the City on its north and
east sides and the site is within the urban reserve line of the City.
2. The annexation of the site is a logical addition to the City due to its location in
relation to existing urban development..
3. The annexation is consistent with the goals and policies of the City'.s General Plan.
SECTION 2: Annexation Area Described. The DeVaul Ranch Annexation
consists of that area, including approximately 222 acres on the south side of Los Osos
R8887
8887
Resolution No. (19% series)
Page 2
Valley Road, generally east of Madonna Road, in the County of San Luis Obispo, being
Assessor's Parcel Numbers 067 - 241 -001 and 067 - 231 -006, as shown on the attached
map, Exhibit A, and legally described in the attached Exhibit B.
SECTION 3: Council Recommendation. The City Council recommends that the
Local Agency Formation Commission of San Luis Obispo County approve the proposed
annexation subject to property owners compliance with City requirements regarding
environmental mitigation and public improvements as described in the project's EIR, in
accordance with California Government Code Section 56844 et 5M.
SECTION 4: Implementation. The City Clerk shall forward a copy of this
resolution and prezoning actions, the EIR, and all pertinent supporting documents to the
Local Agency Formation Commission.
Council
On motion of Vice Mayor .Rom_ ero_ , seconded byMember Schwart:�and
on the following roll call vote:
Ayes: Council Members Ewan, Marx., Schwartz and Vice Mayor
Romero
Noes: Mayor Settle
Absent: None
the foregoing resolution was passed and adopted this 15th day of December
1998.
Mayor Allen Sett re
A ST:
City Clerk Lee Price
APPROVED AS TO FORM:
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ANNEXATION DESCRIPTION
File no: 273.01 To the City of San Luis Obispo
1998
A portion of Lot 60 of the subdivisions of Ranchos Canada De Los Osos antl'La =`rr
Laguna in the County of San Luis Obispo, State of California as shown on the map
filed in Book A of Maps at page 83 in the County Recorders Office of said County
, Lot C of the subdivision of part of said Lot 60 as shown on the map filed in Book
A of Maps at page 85 in said County Recorders Office and a portion of Los Osos
Valley Road described as follows:
Commencing at Comer "B -1" being the easterly comer of Lot D of said subdivision
of part of Lot 60; also being the northerly comer of the land described in the deed
dated March 21, 1884 and recorded in Book S of Deeds at page 19 in said County
Recorders Office; thence along the northwesterly line of said deed, south 550 45'
00" west 1178.73 feet to the True Point of Beginning; thence continuing along said
northwesterly line, south 55° 45'00" west 5550.70 feet to the west line of said Lot
60; thence along said west line, north 42° 44'37" west 1417.28 feet to northwest
comer of said lot 60, also being the southwest corner of Tract 1626, as shown on
the map filed in Book 15 of Maps at page 89 in said County Recorders Office;
thence along the north line of said Lot 60, north 510 52'46" east 4829.76 feet to the
southeast comer of said Tract 1626, being the southwest comer of of Tract 412 as
shown on the map filed in Book 8 of Maps at page 4 in said County Recorders
Office, also being the existing. City Limit line; thence along the existing City. Limit
Line the following courses:
continuing along the north line of Lot 60, north 510 33' 14" east 955.15 feet
to the westerly line of Tract 393 as shown on the map filed in Book 7 of Maps
at page 41; thence along said westerly line, south 33° 53' 25" east 714.78
feet to the northwest comer of said Lot C; thence along the northerly line of
said Lot C; also being the southerly line of Madonna Road as shown on said
map of Tract 393, north 62° 39' 14" east.1188.17 feet to the northeast comer
Attachment R8887 Page 2
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ANNEXATION DESCRIPTION
File no: 273.01 To the City of San Luis Obispo
September 24, 1998
of;said Lot C, being the west fine of Los Osos Valley Road as shown on said
Map of the Subdivision of said Lot 60; thence along the easterly line of said
Lot C, south 330 57' 08" east 215.68 feet; thence north 580 44' 52" east
66.07 feet to the easterly line of said Los Osos Valley Road; thence along
said easterly line south 330 57' 08" east 255.60 feet to the intersection of
said easterly line with the extension of the southerly line of said Lot C;
thence, leaving said City Limit Line, the following courses:
south 590 14'40" west 66.10 feet to the southeast comer of said Lot C; thence
along the south line of said Lot C, south 59° 14' 40" west 1182.71 feet to the
southwest comer of said Lot C, also being the northwest comer of said Lot D;
thence along the westerly line of said Lot D, south 33° 53'25" east 541.45 feet to
the True Point of Beginning.
Containing 222 acres more or less.
' •TOm Mastiri; LS 4819 ew 9r2000
page 2
Attachment R8887 Page 3
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✓i
RESOLUTION NO. 8886 (1998 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
CERTIFYING THE ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE
DEVAUL RANCH ANNEXATION PROJECT LOCATED AT 11855 LOS OS_ OS
VALLEY ROAD (ER 102 -96)
WHEREAS, the Planning Commission and the City Council have held public
hearings on this EIR in accordance with the California Government Code; and
WHEREAS, the EIR comes to the City Council after extensive review 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
Environmental Guidelines.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1: Environmental Determination. The City Council hereby certifies
that the Final Environmental Impact Report for the DeVaul Ranch Annexation Project.
adequately identifies the project's potentially significant impacts, alternatives to the
proposed action and recommended mitigation measures.
SECTION 2: Findings.
1. 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.
2. The Final EIR reflects the independent judgment of the City.
3, For each "Potentially Significant" effect identified in the EIR under the categories of
Aesthetics, Cultural Resources, Biological Resources; Soils and Geology, Utilities,
Affordable Housing, Traffic and Circulation, and Air Quality, the approved
mitigation measures contained in the EIR will avoid or substantially lessen the
identified adverse environmental impacts of the project to a level of insignificance
and have been incorporated into the project.
4. The "Significant and Unavoidable" effects identified in the Biological and Aesthetic
sections of the EIR will not be fully mitigated to a degree of insignificance with the
incorporation of all of the identified mitigation measures or the adoption of one of the
alternatives to the project analyzed in the EIR. However, the Council finds that the
adverse environmental effects are acceptable and makes a statement of overriding
considerations for those significant and unavoidable environmental impacts because:
J
R8886
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Resolution No. �199$'series)
Page 2
a. The project, with its dedication of 184 acres of land as permanent open space to
the City of San Luis Obispo far exceeds the City's requirement to protect an area
at least equal to the development area (38 acres).
b. The project is consistent with the City's Land Use Element which states that this
area is designated for medium density residential development and may
accommodate about 500 dwellings.
c. The project helps achieve housing goals of the City's General Plan by providing
253 dwelling units to include both market rate and affordable housing for the
citizens of the City.
d. The residential development will be served with City utilities and will be under
City jurisdiction which is preferred for urban scale development at the edge of the
City limits.
e. A proposed off -site mitigation plan shall lessen the level of significance of the
significant and unavoidable effects of the project identified in the Biological
Resources section of the EIR.
f. The proposed height restrictions will lessen the level of significance of the
significant and unavoidable effects of the project identified in the Aesthetics
section of the EIR.
5. The Mitigation Monitoring Program has been reviewed and approved by the City
Council in conjunction with the certification of the Final EIR.
Council
On motion ofVice Mayor Romero seconded b}Member. Ewan-- and
on the following roll call vote:
Ayes: Council Members Ewan, Marx, Schwartz and Vice Mayor
Romero
Noes: Mayor Settle
Absent: None
the foregoing resolution was passed and adopted this 1 5t1, day of nPrPmhPr ,
1998.
Mayor Allen Settl
A
City Clerk Lee Price
V
R8886
8886
Resolution No. (199,„,eries)
Page 3
APPROVED AS TO FORM:
05/0 ,,, L,....
R8886
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RESOLUTION NO. 8885 (1998 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AN INTERIOR ADVERTISING POLICY FOR SLO TRANSIT VEHICLES
WHEREAS, The City of San Luis Obispo adopts a resolution approving interior
advertising policy, Exhibit A, for SLO Transit vehicles so as to guide staff in approving acceptable
material and to protect the City against possible litigation.
WHEREAS, advertising within City buses is one method of increasing revenues.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
hereby approves an interior advertising policy for City buses, but not the trolley or vehicle(s) in
use by the electric vehicle pilot program, and subject to City approved standards and conclusions.
Upon motion of Mayor Settle , seconded by Vice Mayor- Romero ,
and on the following roll call vote:
AYES: Council Member -Ewan;,Vice,Mayor Romero and Mayor Settle
NOES: Council Members Marx and Schwartz
ABSENT: None
the foregoing resolution was adopted this 15th day of December '1998.
Allen Settle
APPROVED AS TO FORM:
E.2d WMA, gd,
F. ' rj�lwl V4 -
R8885
M
4 60 11; .
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INTERIOR ADVERTISING POLICY FOR
SLO TRANSIT VEHICLES
A. PURPOSE
The intent of this policy is to provide staff with guidelines to define what is appropriate material to
permit within the interior of SLO Transit vehicles. The City's transit vehicles are not a public
forum, and the primary purpose allowing advertising is to generate revenue for the transit system.
Advertising by local non -profit organizations and governmental agencies may be permitted as set
forth below.
B. PERMITTED ADVERTISING
The following types of advertising are permitted within the interior of SLO Transit vehicles, subject
to the restrictions in Paragraph C:
• Advertisements for public transit agencies
• Commercial for -profit advertisements
• Advertisements which identify local non - profit organizations or events
• Advertisements for City sponsored events or activities
• Public service announcements
A. TYPES OF ADVERTISING PROHIBITED
The following types of advertising are prohibited:
• , 'Take One!' pads or similar devices used to distribute print information;
• Advertisements containing sexual or profane language, or violence;
• Tobacco, alcohol for human consumption, firearms, or weapons;
• Illegal products or services;
• Images, copy or concepts that denigrate public transportation;
• Advertisements concerning political, social or religious issues of any kind (including but not
limited to advertisements for political candidates, legislative activities, or ballot measures);
• Advertisements for adult entertainment or adult businesses;
• Any advertisement which:
a) Appears to make a personal attack on any individual, or upon any company, product, or
institution or falsely disparages any service or product; or is defamatory in any respect;
b) Might be interpreted to be offensive to any religious, ethnic, racial, or political group;
Attachment 88885
Page 1
C
c) Might be interpreted as condoning any type of criminal act, or which might _ be
considered as derogatory toward any aspect of the law enforcement profession;
d) Portrays acts of violence, murder, sedition, terror, vandalism, or other acts of violence
against persons or institutions; or
e) Depicts nudity, or portions of nudity that would be considered as offensive,
distasteful, pornographic, erotic, or obscene;
f) Might be interpreted as condoning any type of discrimination; or
g) Might be interpreted as condoning or soliciting any unlawful act or conduct.
• Advertisements which are in conflict with any applicable federal, state or local law, statute,
or ordinance;
• Advertisements which contain false or grossly misleading information;
• Text, photographs, or any type of visual or tactual element that is associated with material
which is prohibited within this policy, either as a whole or in part;
• Telephone numbers, intemet web addresses, mailing addresses, that direct people to material
that is associated with elements that are prohibited within this policy; and
• Gender specific personal hygiene products and services.
A. ADMINISTRATION
The Public Works Director or his/her designee shall be responsible for administering this policy.
Applicant of acceptable materials shall be granted permission to enter into a contract agreement
with the agent responsible for administering SLO Transit's interior advertising campaign. The
Public Works Department shall review all submitted materials within 10 working days of the
submitted date to review materials submitted. No material' shall be permitted to be posted within
SLO transit vehicles without the approval of the Public Works Director or his/her designee.
Appeals of the Director's /designee's interpretations and decisions may be made to the Mass
Transportation Committee (MTC) within 10 days of the decision. All appeals shall be submitted
in writing to the Public Works Department. Staff shall submit appeal to the MTC at its regularly
scheduled and advertised meeting, held quarterly.
Following an unsuccessful appeal to the MTC, the applicant may make one final appeal to the
City Council. The appeal must be made within 10 calendar days of he MTC decision. The City
Council will hear and decide upon the appeal at one of its regularly scheduled meetings as time
permits and within reason. The decision of the City Council shall be final.
All appeals shall be.submitted in writing by the applicant and shall contain sufficient information
to present the nature of the issue(s) clearly and concisely, why the appeal is being sought a
summary of decision(s) made by staff and/or committee, and any and all applicable dates.
Following the exhaustion of administrative remedies, staff shall not accept any additional appeals
for the same application, or receive an additional, application for a project that closely resembles
the previous application for one calendar year.
Attachment R8885
Page 2
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RESOLUTION NO:. (1998 Series)
8884
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING AN AGREEMENT WITH THE SAN LUIS OBISPO
COUNTY FLOOD CONTROL DISTRICT ZONE 9 FOR REIMBURSEMENT FOR
CREEK MANAGEMENT WORK
WHEREAS, the County administers the funds of the San Luis Obispo County Flood
Control and Water Conservation District Zone 9, and
WHEREAS, the City administers programs with in Zone 9, and
WHEREAS, the County has budgeted within the Zone 9 program to fund the programs
administered by the City.
BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby approves
an agreement with the San Luis Obispo County Flood Control District Zone 9 providing for the
reimbursement of City funds spent for programs approved in the Zone 9 budget and authorizes the
Mayor to sign said agreement.
Upon motion of Vice Ma or Romero seconded by
Council Member ::? and on the following roll call vote:
Schwartz
AYES: Council Members Ewan, Marx, Schwartz, and Vice Mayor
Romero, and Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution
this 15thlay of December '1998.
Allen K. Settle
APPROVED AS TO FORM:
1998 -9Zone 9 agreement.
R8884
O O
AGREEMENT BETWEEN SAN LUIS OBISPO COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT ZONE 9 AND THE
CITY OF SAN LUIS OBISPO FOR PLANNING, STREAMBED CLEARING
AND EXOTICS CONTROL /REVEGETATION PROGRAM,
AND STREAMBED ENHANCEMENT PROGRAM
This Agreement entered into the -/-I- day of _ _ _,199�etween
the San Luis Obispo County Flood Control and Water Conservation District, Zone 9
(hereinafter referred to as "Zone 9 ") and the City of San Luis Obispo (hereinafter referred
to as "City");
W I T N E S S E T H
WHEREAS, Flood Control Zone 9 includes the San Luis Obispo Creek (hereinafter
sometimes referred to as "SLO Creek ") watershed; and
WHEREAS, The City of San Luis Obispo is wholly contained within this watershed
and the Zone 9 boundaries; and
WHEREAS, by coordinating activities the City and Zone 9 can more economically
address issues within the watershed; and
WHEREAS, such a cooperative program has been successfully completed in the
past several fiscal years; and
WHEREAS, this cooperative program has been further enhanced with assistance
and personnel from the California Conservation Corps and California Men's Colony; and
WHEREAS, Zone 9 activities include planning, stream maintenance, exotic species
control. and improvement projects; and
WHEREAS, The City and Zone 9 worked together to define the scope of work and
select a consultant for the Stream Corridor Management Plan for San Luis Obispo Creek,
Phase I Study Area; and
WHEREAS, the Zone 9 Advisory Committee oversees the overall activities within
the Zone and makes recommendations to the Board of Supervisors; and
Attachment R8884
Page 1
0 0
WHEREAS, the 1998/99 budget appropriates $645,000 for stream enhancement
projects, $430,000 for long term creek drainage study, $85,000 for streambed_
maintenance, and $50,000 for exotics eradication /revegetation;
NOW, THEREFORE, in consideration of the mutual covenants, conditions, promises
and agreements herein set forth, Zone 9 and the City mutually covenant and agree as
follows:
A. PLANNING
1. The City and Zone 9 shall jointly define the scope of work and select a consultant
to provide professional engineering design services for the Stream Condor
Management Plan for San Luis Obispo Creek Phase tl Study Area.
2. The Phase II study will analyze the hydrologic and hydraulic nature of portions of
SLO Creek watershed, develop an improvement program, a maintenance/
management plan, a mitigation and monitoring plan, and complete an alternatives
evaluation for all of the reaches studied. The Phase II creek study is targeted to
develop information necessary to comply with state and federal permitting
requirements
3. The City shall hire the consultant(s) and administer the contract.
4. Zone 9 will contribute not more than $400,000 for Phase II. Zone 9 will reimburse
the City upon receipt of evidence of work performed and monthly statements
submitted for payment.
B. STREAMED MAINTENANCE AND EXOTICS _CONTROUREVEGETATION
PROGRAM.
1. City and Zone 9 will work cooperatively to identify and prioritize maintenance and
exotic control /revegetation sites throughout the San Luis Obispo Creek watershed.
2. Zone 9 will provide funds to the City for the City to accomplish the streambed
maintenance, exotic control and revegetation programs within Zone 9, as follows:
2
Attachment R8884
Page 2
The City shall be provided not more than $60,000 of the funds budgeted in Zone 9
in the 1998-99 fiscal yearforthe streambed maintenance program and an additional
sum of not more than $50,000 for the Giant Reed control and revegetation program
for the 199&99 Fiscal Year.
3. Zone 9 will reimburse the City, Within the limits set forth in Paragraph B2 above,
upon receipt of evidence of work performed and monthly statements submitted, for.
payment
4. Routine maintenance work performed under this agreernent will include removal of
debris and vegetation which adversely affects the capacity of waterways or which
might be more difficult or costly to remove if moved by flood flows to different
locations where it will cause damage to the creek or flooding to adjacent improved
property.
Exotics control/revegetation work performed under this agreement will include
removal and proper disposal of detrimental exotic plants from throughout the
watershed. Revegetation projects shall be selected to minimize damage from flood
flows or for restoration after removal of exotic plants. City and Zone 9 will work
jointly in acquiring permits for shared projects and independently for projects solely
within their respective jurisdictions.
5. The streambed maintenance program is a flood control program and City shall use
funds provided under this agreement only for this purpose or for education about
this purpose.
6. Consisteritwith previous Dractices, there shall bean annual reconnaissance survey
made by City and Zone 9 within their respective jurisdictions of heeded works and
such shall be done reasonably before the rainy season so that the needed
streambed clearing program can.be carried oUtrpriorto the rainy season with follow-
up Work done during the s appropriate.
rainy season a ro
7. For control of vegetation the streambed maintenance program may be
accomplished with the use of State Fish & Game approved herbicides.
3 Attachment R8884
Page 3
8. City and Zone 9 shall be responsible for acquiring any landowner permission
needed to accomplish the streambed maintenance program and the exotics control
program within'their respective jurisdictions.
9. The City shall act as the lead agency in complying with the California Environmental.
Quality Act for work done within the City limits.
10. Should the streambed clearing program within the City involve the abatement of
nuisances, the removal of trees, or other obstructions; such shall be performed in
accordance with due process of law under the City's abatement ordinances or State
law and shall be the sole responsibility of City:
C. STREAMBED ENHANCEMENT PROGRAM:
1. Zone 9 shall provide funding up to $475,000 for construction of repairs to the
following 1995 storm damage sites that have not yet been approved for
reimbursement by FEMA., 3546 S. Higuera St., 3026/3046 Higuera St, 236 Higuera
St., and Fox Hollow Road. Individual projects must receive written approval from
Zone. 9 staff prior to construction.
2. Zone 9 will reimburse the City, within the limits set forth in Paragraph C.1. above,
upon receipt of evidence of work performed and monthly statements submitted for
payment.
3: City shall act as the lead agency in complying with the California Environmental
Quality Act, obtaining Corp of Engineer Permits and complying with Regional Water
Quality Control Board requirements.
4. City shall maintain all completed works within City Limits:
5. City shall assume ownership and liability for the completed works within City Limits.
D. GENERAL TERMS:
1. FEMA Reimbursement. The City shall continue to aggressively pursue FEMA
funding for the permitting, design and construction of the project sites Within SLO
4 Attachment R8884
Page 4
C�'
Creek that were damaged by the 1995 storms. Any such funds recovered shall be
reimbursed to Zone 9.
2. Term. This agreement will terminate on June 30, 1999.
3. Indemnification and Sole Conduct. Each party hereto shall defend, indemnify
and save harmless the other party and other pa_rty's officers, agents and employees .
from and against all claims, demands, liability cost, expense, damages, causes of
action, including but not limited to inverse condemnation and judgments arising out
of the sole negligence or sole intentional acts of the party or its officers, agents or
employees or independent contractors solely responsible to such party in
performing or attempting to perform pursuant to the provisions of this agreement
including both acts and omissions to act.
4. Indemnification for Joint Conduct between Zone 9 and the City. The City shall
defend, indemnify and save harmless Zone 9, and its officers, agents and
employees from and against any and all claims, demands, liabilities., costs,
expenses, damages, causes of action including but not limited to inverse
condemnation and judgments arising out of the joint negligence or joint intentional
acts of City and Zone 9 and their officers, agents, employees or independent
contractors directly responsible to them in performing or attempting to perform
pursuant to the provisions of this agreement including both acts and omissions and
to act provided however that Count
y shall be solely responsible for the amount of
judgment rendered solely against Zone 9 or one of its agents or employees if such
judgment is specifically rendered in court finding of responsibility by Zone 9 or one
of its agents or employees for an act of negligence and City shall not be required
to indemnify Zone 9 for such judgment. Likewise City shall be solely responsible
for any judgment rendered solely against it or its agents or employees which is
based upon acts or omission by it or one of its agents or employees.
5. Cooperation. Zone 9 agrees to cooperate with City in the defense of any such
claims or litigations.
5 Attaclun_ ent R8884
Page 5
IN WITNESS WHEREOF Zone 9 and City have executed this contract on the day and year
first hereinabove set forth.
SAN LUIS OBISPO COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT, Zone 9
By -
Chairperson of the Board of Supervisors
APPROVED AS TO FORM AND LEGAL EFFECT:
JAMES B. LINDHOLM, JR.
County Counsel.
1%o
APPROVED AS TO FORM: CITY OF SAN LUIS OBISPO
FOR t/i�r /1 te° c . t
tlhyd _planlsusan 198- 9city.agr.Ind
ATTEST:
Clerk, Board of Supervisors
6 Attachment R8884
Page 6
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RESOLUTION NO. 8883 . (1998 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING PROPOSED CABLE SYSTEM CHANGE OF CONTROL
WHEREAS, Charter Communications Properties, L.L.C. ( "CCP ") holds a franchise to
operate a cable television system in the.City of San Luis Obispo ( "City"); and
WHEREAS, CCP was approved as the franchisee on April 28, 1998, through a transfer
resolution and Transfer Agreement (the "April Transfer Agreement "); and
WHEREAS, as part of the April Transfer Agreement; certain guarantees, conditions, and
provisions were required of and agreed to by CCP, by previous franchise holders and by parties
in previous franchise holders, (Sonic Cable Television of San Luis Obispo, Sonic
Communications, Sonic Enterprises, Sonicvest, L.L.C., Christopher Cohan individually and as
Trustee under the Christopher Cohan Revocable Separate Property Trust, collectively "Previous
Franchise Pantie §''); and
WHEREAS, Charter Communications, Inc.; ("Charter" or "Transferor ") the ultimate
parent company of CCP, has entered into an agreement which will result in a sale of the stock in
Charter to Paul G. Allen ( "Allen" or "Transferee "), who will thereafter control Charter (which
transaction is referred to as the "Allen Transaction ") and
WHEREAS, Charter, as Transferor, and Allen, as Transferee, jointly filed a Federal
Communications Commission ( "FCC ") Form 394 with the City on August 18, 1998, which filing
more fully describes the transaction, and which form contains certain promises, representations
and warranties by the Transferor and Transferee, and
WHEREAS, the City is willing to approve the Change of Control, but only if the certain
conditions set forth below and in the accompanying Change of Control Agreement (the
"December Agreement ") are satisfied; and if the guarantees, conditions .and provisions included
in the April Transfer Agreement are reaffirmed; and in reliance on the promises, representations
and warranties made by Transferor and Transferee in the Form 394, and the representations,
warranties and promises in the December Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo
as follows:
SECTION 1. The Allen Transaction is approved, but if, and only if, each provision of
this Resolution is satisfied.
SECTION 2. By December 1.5, 1998, the December Agreement attached hereto must be
signed and Charter must sign and deliver the Guaranty required by the December Agreement;
and
SECTION 3. All conditions.set forth in the December Agreement must be satisfied, in
R8883
Resolution No. 8883 (1998 Series)
Page 2
accordance with their terms; and
SECTION 4. The Allen Transaction must be completed by February 28, 1999.
SECTION 5. Transferor and Transferee must comply with all promises, representations
and warranties made in the Form 394, each of which shall be enforceable by the City against
them.
SECTION 6. Transferor and Transferee accept the following, and shall be deemed to
have done so by consummating the transaction: (a) Transferor and Transferee acknowledge and
accept the City's right to consent to the Allen Transaction pursuant to the Franchise Documents,
and to enter into the Change of Control Agreement; (b) Transferor and Transferee will not
oppose intervention by the City in any proceeding affecting the System and (c) Transferor and
Transferee affirm that the request for approval of the Allen Transaction was acted upon in a
timely manner, that there is no impediment to the effectiveness of this Resolution or the Change
of Control Agreement, and that they will not raise and expressly waive, all claims to the contrary.
SECTION 7. This Resolution is specifically made without a finding or representation
that CCP or any Former Franchise Party is in compliance with all the terms and conditions of its
franchise, and without a finding that Allen is or is not financially, technically or legally qualified
to hold the franchise. Without limiting the foregoing, this approval of the Allen Transaction
specifically is not a finding or representation: that the franchise will be renewed or extended
(and this approval shall not create an obligation to renew or extend the franchise); that CCP is or
will be financially, technically, or legally qualified to hold a renewal license; or that any other
renewal issue that may arise with respect to past performance or future cable - related needs and
interests will be resolved in a manner favorable to CCP. For example, the City is not finding or
representing that the amount of money that Allen and CCP propose to devote to the franchise
area, or their plans for the franchise are reasonable to meet the community's future cable - related
needs and interests.
SECTION 8. This resolution is not an approval of any other transaction, whether
required or allowed by the Allen Transaction, nor does the approval of the Allen Transaction in
any respect limit the enforceability of any franchise provision. In the event of a conflict between
any provision.of any document related to this Allen Transaction and the December Agreement,
this Resolution and the franchise shall control. CCP, Transferor and Transferee shall be required
to comply with obligations under the same, notwithstanding the provisions of any other
agreement.
SECTION 9. The Mayor is hereby authorized and directed to sign the Change of
Control Agreement attached hereto, on behalf of the City.
SECTION 10. If the provisions of this Resolution are not satisfied, or are deemed to be
unenforceable, then the request for approval of the Allen Transaction shall be deemed denied as
R8883
Resolution No. 8883 (1998 Series)
Page 3
of this date; and/or the franchise may be revoked._,
This Resolution shall be deemed effective as of December 15, 1998.
Under motion of Vice. Mayor Romero , seconded by Council Member :_ and
on the following roll call vote: Schwartz
AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor
Romero, and Mayor Settle
NOES: None
ABSENT: None
the foregoing Resolution is adopted this 15th day of December , 1998.
ATTEST:
Lee PrkI Citv Clerk
APPROVED:
I Attorney
R8883
����.�� cl
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C;
N
CHANGE OF CONTROL AGREEMENT
THIS AGREEMENT IS MADE THIS 15th DAY OF DECEMBER 1998, BY AND BETWEEN:
CITY OF SAN LUIS OBISPO, CALIFORNIA ( "CITY "), CHARTER COMMUNICATIONS
PROPERTIES, L.L.C. ( "CCP ") AND CHARTER COMMUNICATIONS, INC. ( "CHARTER").
WHEREAS, on March 7, 1995, the City entered into an agreement (the "Franchise
Agreement ") with Sonic Cable Television of San Luis Obispo ('-'Sonic") pursuant to which the City
granted Sonic a franchise to operate a cable television system in the City; and
WHEREAS, on April 21, 1998, the City approved, subject to certain guarantees, conditions
and provisions, a "Change of Control and Transfer of Ownership Agreement" and a Resolution
"Approving Proposed Cable System Transfers;" ('April Transfer Documents "); and
WHEREAS, Paul G. Allen ( "Allen ") desires to acquire the outstanding stock of Charter as
more fully described in the FCC Form 394 submitted to the City on or about August 18, 1998 (the
"Allen Transaction"); and
WHEREAS, if the Allen Transaction were approved, Charter would be owned by Allen, but
Charter's ownership of CCP would not be affected, and the Franchisee would not change;
WHEREAS, the Form-394 submitted by Charter and Allen to support the Allen Transaction
relies in part on the experience and resources of the: current Charter management team, technical
expertise and corporate structure in order to justify the transfer, and
WHEREAS, as part of the April Transfer Documents, certain guarantees, conditions, and
provisions were required of and agreed..to by Charter and CCP, by previous franchise holders and
by parties in previous franchise holders, (Sonic Cable Television of San Luis Obispo, Sonic
City of San Luis Obispo
Charter /Allen Change of Control Agreement
Page 1
Attachment R8883
Page 1
1�
Communications, Sonic Enterprises, Sonicvest, L.L.C., Christopher Cohan individually and as
Trustee under the Christopher Cohan Revocable Separate Property Trust, collectively 'Previous
Franchise Parties "); and
WHEREAS, the City has determined that it should approve the Allen Transaction, but only
if there is an agreement to certain conditions to ensure that the City is not adversely affected by it;
and
WHEREAS, Charter and CCP are each willing to agree to those conditions;
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING AND THE MUTUAL
CONSENTS SET FORTH HEREIN, THE PARTIES AGREE AS FOLLOWS:
PART I: AFFIRMATION OF FRANCHISE OBLIGATIONS AND GUARANTEES
1.1 Definitions — CCP is the current cable television franchise holder in the City of San Luis
Obispo. Charter is the ultimate parent company of CCP and Guarantor. Charter and CCP will retain
Charter management services on and after the transfer of ownership. Allen will acquire all
outstanding capital stock of Charter and CCP will retain Charter management services on and after
the change of control.
1.2 Acre - ance — CCP reaffirms that it continues to accept all of the commitments, duties and
obligations, present, continuing and future, of the Grantee as set forth in the Franchise Agreement,
this Agreement; the relevant local cable'ordinances and the April Transfer Documents (together, the
"Franchise Documents "). Charter reaffirms that it continues to be bound by all its obligations to the
City under the Franchise Documents, including the Guaranty that it executed in connection
therewith.
City of San Luis Obispo
Charter /Allen Change of Control Agreement
Page 2
Attachment R8883
Page 2
1.3 Obligations Not Affected -- Except as otherwise expressly provided in this agreement,
Charter and CCP agree that the Allen Transaction and the City's approval of the Allen Transaction
shall have no effect on the past, present or future obligations of the entity that operates as the
Grantee, or prevent the City from taking any action against the entity operating as the Grantee that
it could have taken had the Allen Transaction not been approved. Likewise; the Allen Transaction
and the City's approval of the Allen Transaction will not affect.the rights and obligations of Charter,
except as expressly provided herein. By way of example and not limitation, Charter and CCP shall
remain liable for all of the acts and omissions occurring prior to the completion of the Allen
Transaction, known and unknown, for all purposes, including renewal, but only for renewal if such
Past performance commitments are not complied with after providing franchisee with proper notice
and opportunity to cure. Furthermore, the Allen Transaction shall not act to release any previous
Grantee (including the Previous Franchise Parties) from any liability, whether individual or joint and
several that such party may have under the Franchise Documents, or in any way limit the City's
rights thereunder.
1.4 City's Reliapce Upon Representations —Any consent by the City to the Allen Transaction.will
be made in reliance upon the representat ions, . documents and information provided by Allen and
Charter to the City, including, by way of example and not limitation, the FCC Form 394 and all
information submitted to the City in support thereof, as if fully set forth herein. it is not the intent
of the parties by this section, to change the status of documents that are - claimed to be confidential
as a matter of law.
City of San Luis Obispo
Charter /Allen Change of Control Agreement
Page 3
Attachment R8883
Page 3
i
�.....
PART H: PROMISES OF THE PARTIES
2.1 Compliancg with Franchise —
2.1.1. Charter and CCP agree that no actions will be taken inconsistent with the promises,
standards, or requirements contained in the Franchise Documents.
2.1.2. Charter agrees to reaffirm the Guaranty contained in the April Transfer Documents
in a form attached hereto as Exhibit A.
2.1.3. To the extent that any provision of any document associated with the Allen
Transaction or any provision of any other contract conflicts with the Franchise Documents,
with this Agreement or with applicable federal, state, or local laws, such provision shall be
of no force or effect with respect to the cable system serving the City and the obligations in
the Franchise Documents shall control.
PART III: NO WAIVER
3.1 Any consent given by the City in this Agreement and in any Resolution approving the Allen
Transaction is not an affirmation that Charter or any Previous Franchise Party is in compliance with,
or previously complied with the Franchise. Any consent is made without prejudice to, or waiver of,
the City's right to optain full remedy for any past non -compliance, except as specifically provided
below. Any consent given by the City in this Agreement and any Resolution approving this
Agreement is not a finding that, after the Allen Transaction, CCP or Charter will be financially,
technically or legally qualified, and no inference will be drawn, positively or negatively, as a result
of the `absence of a finding on this issue. Any consent is therefore made without prejudice to, or
waiver of, the City's right to fully investigate and consider Charter and CCP's financial, technical
and legal qualifications and any other relevant considerations during any proceeding including by
way of example and not limitation, any pending renewal proceeding. Without limiting the
Citv of San Luis Obispo
Charter /Allen Change of Control Agreement
Page 4
Attachment R8883
Page 4
foregoing, any approval of the Allen Transaction is not a finding or representation: that the
Franchise held by CCP will be renewed or extended (and approval shall not create an obligation to
renew or extend the Franchise); that CCP is financially, technically or legally qualified to hold a
renewed franchise; or that any other renewal issue that may arise with respect to past performance
or future cable- related needs and interests will be resolved in a manner favorable to Charter or CCP.
Unless provided for within this agreement, nothing in this agreement shall constitute a waiver of any
of Charter's or CCP's rights or remedies under federal, state or local law.
3.1.1. Charter and CCP will continue to cooperate and seek the City's advice prior to
initiating or deleting service features; alterations in channel line -ups or structures to the extent that
they are initiated at a.system level. Charter's commitment includes a two-week advance notice and
opportunity to comment, whenever possible, on all notices to subscribers on any change in rates,
programming services, channel positions, or customer policies included: in customer billing
statements; through direct mail; or cablecast, to the extent that notices are initiated at the system
level. The system will make all reasonable efforts to inforn► the City of customer communications
initiated outside the system in a timely manner.
3.1.2. As required pursuant to City Ordinance No. 1238, Charter agrees to pay all costs
incurred by the City associated with the development of this Agreement and the Resolution
approving the Allen Transaction. All charges will be invoiced by the City, and Charter will provide
a check for these posts no later than 30 days from the receipt of the invoice. If Charter does not
comply with this section, the Agreement and the Resolution will be considered null and void.
3.2 City's consent to this Change of Control is expressly not consent to any future transaction
or change in control, whether or not referenced, required or permitted under any agreement related
directly or indirectly to the transactions resulting in this Change of Control to Allen. Should the
City approve acquisition of Charter's stock by Allen, there may not be a material change in that
hansaction, as represented to the City, without the prior approval of the City. CCP shall obtain the
City of San Luis Obispo
Charter /Allen Change of Control Agreement
Page 5
Attachment R8883
Page 5
City's consent for any future transfer of the franchise or change in control as required by City Code
as they exist on the date of this Agreement.
PART W: COSTS AND RATES
4.1 Obli tga ions, Not Franchise Fees -- Charter and CCP agree that under the circumstances of
this Agreement, none of the costs Allen, Charter or CCP must incur under this Agreement or the
April Transfer Documents constitute franchise fees, and instead fall under one or more of the
exemptions set out in 47 USC §542, and further agrees not to raise any claim or defense to the
contrary in any forum with respect to the costs incurred, or the payments that are required by this
agreement.
4.2 Charter and CCP represent and warrant that there will not be an increase in subscriber rates
as a result of any cost associated with compliance with this Agreement other than costs incurred in
conjunction with Sections 3.1.1. and .3.1.2. of this Agreement. Other than costs incurred in
conjunction with Sections 3.1.1. , any costs associated with complying with this Agreement shall
not be treated as external costs. Charter and CCP further stipulate that for purposes of any rate
proceeding, the Change of Control does not result in a cognizable increase in good will, intangibles
or tangible assets of the cable system serving the City, above the level that could have been reflected
in rates prior to the Allen Transaction.
PART V: REPRESENTATIONS AND WARRANTIES; INDEMNITY
5.1 Re- presmt- a-0ons and Warranties -- Charter and CCP hereby represent and warrant that:
5.1.1. The execution and delivery of this Agreement does not contravene, result in a breach
of or constitute a default under any contract or agreement to which Allen or Charter is a
party or by which any owned properties may be bound (nor would such execution and
City of San Luis Obispo
Charter /Allen Change of Control Agreement
Page 6
Attachment R8883
Page 6
delivery constitute such a default with the passage of time or the giving of notice or both),
and does not violate or contravene any law, order, decree, rule, regulation or restriction to
which Allen or Charter is subject;
5.1.2. Charter is duly organized, legally existing and in good standing under the laws of its
state of organization and is duly qualified to do business in the State of California;
5.1:3. This Agreement, the Franchise Documents, and the reaffirmed Charter Guaranty,
constitute the legal, valid and binding obligations of Charter and CCP, enforceable in
accordance with their terms;
5.1.4. The execution and delivery of, and performance under, this Agreement, the Franchise
Documents and the reaffirmed Guaranty are within Charter's power and authority without
the joinder or consent of any other party and have been duly authorized by all requisite
action and are not in contravention of any respective charters; bylaws, partnership agreement
or other organizational documents, as the case may be, or of any indenture, agreement, or
undertaking to which any of them is a party or by which they are bound;
5.1.5. Charter will devote the financial and technical resources necessary to ensure
compliance with all obligations under this Agreement and the Franchise Documents; and
5.1.6. CCP will devote the personnel, equipment and technical resources necessary to
ensure compliance with all obligations under this Agreement and the Franchise Documents.
5.1.6. Charter and CCP each agree that they shall be jointly and severally liable for the
promises, representations and warranties made by Allen in the FCC Form 394, which
promises, representations and warranties shall be enforceable against them by the city.
City of San Luis Obispo
Charter /Allen Chan fte of Control Agreement
Page 7
Attachment R8883
Page 7
5.1.7. Charter and CCP represent and warrant that the agreement of Allen to this contract
is not necessary to permit each provision of this contract, and any associated resolution to
be fully enforceable in accordance with its terms.
5.2 kid mm — Charter and CCP agree to defend, indemnify and hold the City harmless.against
any loss; claim, damage, liability or expense (including, without limitation; reasonable attorneys'
fees) arising out of this Agreement and/or incurred as a result of any representation or warranty
made by CCP or Charter herein or by Charter or Allen in the FCC Form 394 submitted to the City
requesting consent to the Allen Transaction, or by CCP, Charter or Allen in connection with the
City's Review of the Allen Transaction which proves to be untrue or inaccurate in any material
respect. In the event the City receives any such notice of a loss, claim, damage, liability or expense,
the City shall promptly notify Charter and Charter shall, at its sole discretion, have the right to
assume sole and ditect responsibility for defending against any such loss, claim, damage, liability
or expense.
PART VI: MISCELLANEOUS
6.1 Proof of Credit Bonds and Guarantees -- No later than ten (10) days after the Closing Date
of the Allen transaction, CCP must provide satisfactory proof to the City that the letter of credit,
insurance and bonding required by the Franchise Documents have been obtained, and that there will
be no gaps in coverages or liabilities. Charter and CCP will continue to maintain the letters of credit
and bonds that they were required to maintain under the Franchise Documents so long_ as the
Franchise was under the control of Charter, notwithstanding the Allen Transaction.
6.2 Bindin&A erg ern — This agreement shall bind and benefit the parties hereto and their
respective heirs, beneficiaries, administrators, executors, receivers, trustees, successors and assigns,
and the promises apd obligations herein shall survive the effective date hereof.
City of San Luis Obispo
Charter/Allen Change of Control Agreement
Page 8
Attachment R8883
Page 8
6.3 Acceptance of Agreement — By accepting this Agreement, (i) Charter and CCP accept, and
agree to comply with, each provision hereof that is applicable to it; (ii) Charter and CCP
acknowledge and accept the City's right to consent to the Allen Transaction pursuant to the
Franchise Documents, and to enter into this Agreement; (iii) Charter and CCP agree that the request
for approval of the Allen Transaction was acted upon in a timely manner, that there is no
impediment to the effectiveness of this Agreement or the City's action with respect to the Allen
Transaction, and that they will not raise, and hereby expressly waive, all claims to the contrary.
6.4 Failure to Satisfy Conditions — If, at any time prior to or within 10 days after the
consummation of the Allen Transaction, any of the Transaction Parties fail to satisfy the conditions
in this Agreement or in the Allen Transaction Consent Resolution applicable to it, then the Allen
Transaction Consent Resolution, to the extent it approves the Transaction, shall be void and of no
force or effect, and that the Allen Transaction Application shall, without any further action by the
City, be deemed denied as of the date of this Agreement.
6.5 Governing — This Agreement shall be governed in all respects by applicable federal and
state law, and to the extent state law controls, the laws.of the State of California.
6.6 Time of tho Essence — In determining whether a party has complied with this Agreement,
the parties agree that time is of the essence.
6.7 Counternarts —This document may be executed in multiple counterparts, and by the parties
hereto on separate opunterparts, and each counterpart, when executed and delivered, shall constitute
an original agreement enforceable against all who signed it without production of, or accounting for,
any other counterpart, and all separate counterparts shall constitute the same agreement.
City of San Luis Obispo
Charter /Allen Change of Control Agreement
Page 9
Attachment R8883
Page 9
6.8 Captions — The captions and headings of this Agreement are for convenience and reference
purposes only, and shall not affect in any way the meaning and interpretation of any provisions of
this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Change of Control Agreement as
of the day and year first above written.
For: Charter
By: Tom Schaeffer
Title: Regional Vice President
For: City of San Luis Obispo
i
Allen Settle, Mayor
ATTE
City Clerk
City of San Luis Obispo
Charter /Allen Change of control Agreement
Page 10
Attachment R8883
Page 10
APPROVED AS TO FORM:
i Attorney
Dated: /0? -7- q$'
City of San Luis Obispo
Charter /Allen Change of Control Agreement
Page 11
Attachment R8883
Page 11
EXHIBIT A
Guaranty of
Charter Communications, Inc.
This Guaranty ( "Guaranty ") is executed as of December 15, 1998, by Charter Communications,
Inc. (Guarantor) for the benefit of the City of San Luis Obispo ( "City ").
WITNESSETH:
WHEREAS, Guarantor, as the parent of Charter Communications Properties, L.L.C. ( "CCP "), and
as a party to a management agreement between itself and CCP, has a substantial interest in the completion
of that transaction more fully described in a certain Change of Control Agreement dated December 15,
1998; and
WHEREAS, that transaction cannot be completed until and unless CCP continues as Franchisee
authorized to provide cable service in the City; and CCP cannot continue as Franchisee without the
approval of the City of the transaction; and
WHEREAS, Guarantor's interests will be advanced by providing this Guaranty to the City to
ensure that the City's interests fully protected if the transaction is approved;
NOW THEREFORE, Guarantor hereby agrees as follows:
I. The purchase of Charter Communications, Inc., by Paul G.. Allen does not affect
Guarantor's Guaranty of April 28, 1998 in any way, and it shall remain Guarantor of CCP.
2. Paragraph 2 of the Guarantor's April 28, 1998 Guaranty is amended to provide that the
Guaranty extends to the Change of Control Agreement dated December 15, 1998 and shall run throughout
the term of the Franchise and any renewal or extension thereof, except that this Guaranty,
City of San Luis Obispo
Charter /Allen Change of Control Agreement Guaranty
page 1
Attachment R8883
Page 12
t
EXHMrr A
Guaranty of
Charter Communications, Inc.
in turn, shall terminate at such earlier time that the ownership and control of the Franchise is lawfully
transferred with the consent of the City for such transfer and a substitute of a Guarantor acceptable to the
City is provided-
IN WITNESS WHEREOF, Guarantor has caused this Guaranty to be duly executed by their
respective duly authorized officers as of the day and year first above written.
CHARTER COMMUNICATIONS, INC.
B�
Title X70:. // / BLS-v
City of San Luis Obispo
Charter /Allen Change of Control Agreement Guaranty
page 2
Attachment.R8883
Page 13
I ( 1
RESOLUTION NO. 8886998 Series)
CITY OF SAN LUIS OBISPO CITY COUNCIL RESOLUTION OF
INTENTION TO ABANDON AN EXCESS PORTION OF THE JOHNSON
AVENUE RIGHT -OF -WAY BETWEEN BUCHON STREET AND THE
UNION PACIFIC RAILROAD RIGHT -OF -WAY (ABAN 152 -98)
WHEREAS, the City of San Luis Obispo Planning Commission conducted a regular
public hearing on November 4, 1998, for the purpose of making a general plan determination and
formulating a recommendation to the City Council on a request to abandon a portion of the
Johnson Avenue right -of -way; and
WHEREAS, the City Planning Commission found that the proposed right -of -way
abandonment was consistent with the City's General Plan, and recommended that the City
Council approve the abandonment, based on findings, and subject to conditions (Planning
Commission Resolution 5238 -98).
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows:
SECTION 1. Action - Intention to Abandon. It is the intention of the City of San Luis
Obispo to abandon an excess portion of the Johnson Avenue right -of -way between Buchon Street
and the Union Pacific Railroad right -of - -way, as shown on the map marked Exhibit "A ", attached
hereto and incorporated herein by reference, pursuant to Section 8300 et.seq. of the State of
California Streets and Highways Code, and that the abandonment shall be based on the following
findings, and subject to the following conditions:
Findings:
1. The proposed street abandonment is consistent with the Circulation Element of the general plan
because this segment of Johnson Street is not identified in the element as being necessary for
neighborhood circulation.
2. The portion of right -of -way to be abandoned is not needed for present or future street purposes.
3. The proposed street abandonment is categorically exempt from environmental review under
Section 15301 of the California Environmental Quality Act.
R8882
o
8882
City Council resolution No. (1998 Series)
Page 2
Condition:
If the Council determines that all or a portion of any "excess" right of way should be
abandoned, appropriate easements will be reserved for access to the City's storm drainage
pump station, drainage facilities, public water & sewer, public & private utilities, public bike
and pedestrian purposes, along with a common driveway easement and maintenance
agreement over any portion needed for access to the adjacent southerly parcels. Specific
details will be determined during the abandonment process. No physical development would
be allowed within the easements, unless specifically approved by the City, on a case by case
basis.
SECTION 2. Availability of plans. Copies of the map showing the particulars of the
proposed abandonments are also on file in the office of the City Clerk, at 990 Palm Street.
SECTION 3. Final action date. Tuesday, January 19, 1999, in the Council Chamber of
the City Hall, 990 Palm Street, San Luis Obispo, California is the time and place set for hearing
all persons interested in or objecting to the proposed abandonment, which time is less than
fifteen (15) days from the passage of this resolution.
SECTION 4. Resolution publication. This resolution, together with the ayes and noes,
shall be published once in full at least ten (10) days before the public hearing on the proposed
street right -of -way abandonment, in the Telegram- Tribune, a newspaper published and circulated
in this city.
SECTION 5. Notification of abandonment. The City Engineer shall post at least three
(3) notices of the proposed abandonments in prominent locations near the portion of the street
right -of -way to be abandoned at least fourteen (14) days before the date set for the hearing in
accordance with Section 8322 of the Streets and Highways Code.
88882
City Council resolutionNo.888 j1998 Series)
Page 3
SECTION 6. Notice to utilities. The City Engineer shall notify utility companies
affected by the proposed abandonments within ten (10) days after adoption of the Resolution of
Intention in accordance with Section 8347 of the Streets and Highways code.
On motion of Vice Mayor Romero seconded by
Council Member Schwartz , and on the following roll call vote:
AYES: Council Members Marx,.Schwartz, Vice Mayor Romero,
NOES: and Mayor Settle
None
ABSENT: Council Member Ewan
the foregoing resolution was passed and adopted this 15te day of December, 1998.
City Clerk Lee Price
APPROVED:
VeydJorgensen
Mayor Allen Settle
R8882
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Recording Requested By:
City of San Luis Obispo.
When recorded, mail to:
City Clerk
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401 -3249
�J
Doc No: 1998- 085208
Official Records
San Luis Obispo Co
Julie L. Rodewald
Recorder
Dec 22, 1998
Time: 11:40
- L— 12]
RESOLUTION N08881 (1998 Series)
Rpt No: 00106256,
RF -1 40.00
,TOTAL 40.00
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 LORILEE M.
SILVAGGI09 OWNER.OF A DESIGNATED HISTORIC RESOURCE AT
1117 AND 1119 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 histori c properties through the Mills Act Program,
and adopted Resolution No. 8843 (1998 Series); extending said program; and
WHEREAS, the owner possesses fee title in and to that certain qualified real property,
together with associated structures and improvements thereon, legally described as Lot 3, Block
200 of the Buckley Tract, City of San Luis Obispo (Assessor's Parcel Number 002 -445 -003),
located at 1117 and 1.119 Marsh Street, San Luis Obispo, California 93401 -3323, also described
as The Esquar 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 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. se .. of the Revenue
and Taxation Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
88881
�i
-Lee Price, City Clerk
Council Resolution No. 888 k 1998 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 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 preservatiowagreement 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 Agreements 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.
Vice Mayor Council Member
Upon motion of Romero , seconded by Schwartz , and on the following roll
call vote:
AYES: Council Members Ewan, Marx.- Schwartz, Vice Mayor
Romero and Mayor Settle
NOES None
ABSENT: None
The foregoing Resolution was adopted this 15th day of December , 1998.
... offiv
R8881
HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF
SAN LUIS OBISPO AND THE OWNER OF HISTORIC PROPERTY LOCATED AT
1117 AND 1119 MARSH STREET, IN THE CITY, AND THE COUNTY OF SAN LUIS
OBISPO, STATE OF CALIFORNIA.
THIS AGREEMENT is made and entered into this L day of L:�L_,98, by and
between the City of San Luis Obispo, a municipal corporation (hereinafter referred to as the
"City"), and Lorilee M. Silvaggio (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 nonrenewal is served as provided herein.
B. If the Owner or the City desires in any year not to renew the agreement, the Owner or the
City shall serve written notice of nonrenewal of the agreement on the other party. Unless
such notice is served by the Owner to the City at least ninety (90) days prior to the annual
renewal date, or served by the City to the Owner at least sixty (60) days prior to the
annual renewal date, one (1) year shall automatically be added to the term of the
agreement as provided herein.
C. The Owner may make a written protest of the notice. The City may, at any time prior to
the annual renewal date, withdraw its notice to the Owner of nonrenewal.
D. If either the City or the Owner serves notice to the other party of nonrenewal in any year,
the agreement shall remain in effect for the balance of the term then remaining.
Section 4. Standards and Conditions. During the term of this agreement, the historic property
shall be subject to the following conditions:
A. Owner agrees to preserve, maintain, and, where necessary, restore or rehabilitate the
property and its character - defining features, including: the building's general
architectural form, style, materials, design, scale, proportions, organization of windows,
Historic Property Agreement
Page 2
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 tots on,a limited basis, to the approval
of the Community Development Director or his designee.
C. All building changes shall comply with:applicable City specific plans, City regulations
and.guidelines,.and conform to. the rules and regulations of the Office of Historic
Preservation of the California Department of.Parks and Recreation, namely the U.S.
Secretary of the Interior's Standards for Rehabilitation and Standards and Guidelines for
Historic.Preservation Projects. Interior remodeling.shall retain original, character-
defining architectural features such as oak and mahogany details, pillars and arches,
special .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.
G. Owner shall allow reasonable periodic examination, by prior appointment, of the interior
and exterior of the historic property by representatives of the County Assessor, the State
Department of Parks and Recreation, the State Board of Equalization, and the City, as
may be necessary to determine the owners' compliance with the terms and provisions of
this agreement.
Historic Property Agreement
Page 3
Section 5. Furnishing of Information. The Owner hereby agrees to furnish any and all
information requested by the City which may be necessary or advisable to determine compliance
with the terms and provisions of this agreement.
Section 6. Cancellation.
A. The City, following a duly noticed public hearing by the City Council as set forth in
Government Code Section 50285; may cancel this agreement if it determines that the
Owner has breached any of the conditions of this agreement or. has allowed the property
to deteriorate to the point. that it no longer.meets the standards for a qualified historic
property; or if the City determines.that. the :Owner has failed to preserve, maintain or
rehabilitate the property in the manner specified in Section 4 of this agreement. If a
contract is canceled because of failure of the Owner to preserve, maintain, and
rehabilitate the historic property as specified above, the Owner shall pay a cancellation
fee. to the - State • Controller as set forth in Government Code. Section 50286, .which states
that the fee shall be 12 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
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
Development Director or designee within thirty (30) days thereafter; or if not corrected
within such a reasonable time as may be required to cure the breach or default of said
breach; or if the default.cannot-be cured within thirty:(30).days (provided that-acts to cure
the breach or default may be commenced within. thirty (30) days and shall thereafter be
diligently pursued to completion by the Owner); then the City may, without further
notice, declare a default under the terms of this agreement and.may bring any action
necessary to specifically enforce the obligations of the Owner growing out of the terms of
this agreement, apply to any court, state or federal, for injunctive relief against any
violation by the Owner, 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 Owner if the City does not enforce or
cancel this agreement. All other remedies at law or in equity which are not otherwise
provided for in this agreement or in the City's regulations governing historic properties
are available to the City to pursue in the event that there is a breach or default under this
agreement. No waiver by the City of any breach or default under this agreement shall be
deemed to be a waiver of any other subsequent breach thereof or default herein under.
C. By mutual agreement, City and Owner may enter into mediation or binding arbitration to
resolve disputes or grievances growing out of this contract.
Section 8. Binding Effect of Agreement. -The Owner hereby subjects the historic property
located at 1117 and 1119 Marsh Street, San Luis Obispo, California, to the covenants,
reservations, and restrictions as set forth in this agreement. The City and Owner hereby declare
their specific intent that the covenants, reservations, and restrictions as set forth herein shall be .
deemed covenants running with the land and shall pass to and be binding upon the Owner's
successors and assigns in title or interest to the historic property. Every contract, deed, or other
instrument hereinafter executed, covering or conveying the historic property or any portion
thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the
covenants, reservations, and restrictions expressed in this agreement regardless of whether such
covenants, restrictions, and reservations are set forth in such contract, deed, or other instrument.
- Section 9. Notice. Any notice required by the terms -of this agreement shall be sent to the
address of the respective parties as specified below or at other addresses that may be later
specified by the parties hereto.
To City: Community Development Director
City of San Luis Obispo
990 Palm Street
San Luis Obispo; CA 93401
To Owner: Lorilee M. Silvaggio
672 Higuera 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
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, or from claims for damage for
personal injuries, including death, and claims for property damage which may arise from
the direct or indirect use or activities of the Owner, or from those of their contractor,
subcontractor, agent, employee or other person acting on the Owner's behalf which relates .
to the use, operation, maintenance, or improvement of the historic property. The Owner
hereby agrees to and shall defend the City and its elected.and appointed officials, officers,
agents, and employees with respect to any and all claims or actions for damages caused
by, or alleged to have been 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 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 BIS
len K. Settle, Mayor
STATE OF CALIFORNIA )
ss.
_COUNTY OF SAN_LUIS_OBISPO 1_ _
Date
12, 2- /
ate
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
State of California . _
County of San Luis Obi.spo
On la -%i719 9 before me, _Lee Price, Ci.
Date
and Title of
Clerk
ar (a-A.. -Jane Dee, Notary
personally appeared 17 //7�/ . ��`�� � f `�
Name(s) W.Signer(s)
personally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the personal
whose namepsj is/afe subscribed to the within instrument:,
and acknowledged to me.that he /she /they executed the
same in his /herMieirauttiorized capacity(; and that by
LEE PRICE or signature(b) on the instrument the person(.4,
COW04tto5MI > or the entity upon behalf of whic person(@) acted„
Ndon!c — - executed the i trument:
KGB "� �
WIT E S y ha a 'oT�ial s
CALIFORNIA ALL- PURPOi -E` ACKNOWLEDGMEN T
State of
County of
On before me, L'
ate 1, ama an Title of Officer (e..• "Jane Doe, Notary
personally appeared QYZ (/e�,-( Q, <F 'x
.1-1-1-1 ....y�... .., C�/ U -
onally known to me – OR - ❑ proved to me on the basis of satisfactory evidence to be the person
whose name(*�is /are-subscnbed to the within instrument
and acknowledged to me that - he/she /they-executed the
same in*Wher /thei - authorized capacity(ie*and that by
his /her /their signature(ss..on the instrument the persorito �� arfn E or the entity upon behalf of which t son} acted,
. ` ' CONM..5'tk4431 i executed the instrument.
Wary Put':,- — CaGftrnio
'
SAM LUIS Oci &?O COUNTY
NyCumm.Expires APR 2.1999 WITN SS y(nd! official eal
Signature
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document`
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
• Individual
• Corporate Officer
Tifle(s):
❑ Partner — ❑ Limited ❑ General
❑ Attomey -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:. _.. Top of thumb here
Signer Is Representing:
® 1994 National Notary Association • 6236 Remmet Ave.. P.O.. Box 7184 • Cannna Park. CA 911n9.71 a
Number of Pages:
Signer's Name:
• Individual
• Corporate Officer
Title(s):
❑ Part ner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
• Guardian or Conservator
• Other: I Top of thumb here
Signer Is Representing:
k
l
Exhibit A�
MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY LOCATED AT
1117 and 1119 MARSH 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 1117 and 1119 Marsh 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 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 shal be consistent with the City's Historic Preservation Program Guidelines and the
Secretary of the Interior's Standards for Historic Preservation Projects:
a. Clean up site and remove trash, prune trees, install landscape irrigation system and
refurbish landscaping, within one year of recording the contract;
b. Replace the flat section of the roof within two years of recording the contract.
c. Replace front and rear decks and porch detailing, within two years of recording the
contract.
d. Repaint entire building, within three years of recording the contract.
e. Repair /replace decorative fencing along the east property line, within six years of
recording the contract.
f. Repair and/or replace interior flooring and plumbing, within ten years of recording
contract.
3. Property shall be maintained in accordance with Zoning Regulations and with the City's
Property Maintenance Standards.
VMS=
jh/L:millsacc3- 98.con
Date
Exhibit � Fes EATI (� Ser. No. 0056-04R
°� ECREATION HABS HAER Nq
— X0/7.130 t739055� SHL Loc
� ---- UTM: q
HISTORIC RESOURCES INVENTORY C D
IDENTIFICATION
1. Common name:
2. Historic name:
3. Street or rural address: 1117 -1119 Marsh
City San Luis Obispo Zip 93401 County San Luis Obispo
4. Parcel number: 02- 445 -03
5. Present Owner: M.A. Chrisnev, c/o J.C. and Shellv Olsengddress: P.O. Box 851
City Avalon Zip, 90704 Ownership is: Public Private X
6. Present Use: R girl nti a1 Original use: Residential
DESCRIPTION
7a. Architectural style: Wood Frame with Greek. Revival influence
7b. Briefly describe the present physical descriprion of the site or structure and describe any major alterations from its
original condition:
This vernacularization of a Greek Revival style frame house is resting on
a raised foundation. The roof is broadly pitched with two side facing
gables and one front facing cable. There is a slight shelf cornice and wide
porch roof that is supported by detailed posts with brackets. Stickwork
railing surrounds the recessed porch. Doors are 6 and 12 panels with 3/3
light transom windows above. Windows are 2/2 lights single hung sash
windows with detail wood frames and shelfs. This structure is covered by
shiplap siding.
8. Construction date:
Estimated 1888 Factual
9. Architect Unknown
10. Builder Unknown
11. Approx. property size (in feet)
Frontage 45 ' - - Depth 120 -'
orapprox. acreage
12. Date(s) of enclosed photograph(s1
December 1982
y
i
13. Condition: Excellent _Good X Fair_ Deteriorated _ No longer in existence
14, Alterations:
15. Surroundings: (Check more than one if necessary) Open land _Scattered buildings —Densely built -up
Residential X _Industrial _Commercial X. Other:
16. Threats to site: None known. LPrivate development_ Zoning = Vandalism _
Public Works project _ Other:
17. Is the structure: On.its original site? V ?s Moved? Unknown?
18. Related features:
SIGNIFICANCE
19. Briefly state historica :.and /or arch itecturabimportance (include dates; events, and persons associated with the site.) -
This is an interesting example of a vernacular nineteenth century design
built in the late 1800'x. Probably patterned after- Neo- Colonial.prototypes
the structure has elongated windows that are distinctly Victorian. Similarly,
the porch decor is almost stick in character with faint traces of Greek
Revival. The horizontal wood siding that sheaths the house contrasts
with vertical siding around the skirt, another feature of 19th and very
early 20th century residences. With its neighboring buildings, this
"California Renaissance" structure, now a duplex, adds strong historic
character to the 1100 block of Marsh Street.
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).
Sanborn Fire Insurance Maps
(1891, 1903)
22. Date form prepared June 30, 1983
By (name) hi sto i g ---_ Survey Sta f
Organization r'it3r o£ - San—Luis ohi snn
Address: P-0- Box 321
City San T-ids Obispo _ Zip 93401
Phone: __ (SO';) 541 -1 rinn
Locational sketch map (draw and label site and
surrounding streets, roads; and prominent landmarks):
NORTH
END OF DIOCLtMEfVT
Doc No. 1998- 064763
Recording Requested By: I Official Records
City of San Luis Obispo. I San LUIS Obispo co.
Julie L. Rodewald
When recorded, mail to: Recorder
City Clerk Dec 21, 1998
City of San Luis Obispo Time: 14:35
990 Palm Street r A
San Luis Obispo, CA 93401 -3249 ` 1 8
RESOLUTION NO. 8880 (1998 Series)
RpL No: 001057621
Rr —1 58.00'
' I
i I
' I
I
'TOTAL 58.00r
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 ASTRID I
GALLAGHER, OWNER OF A DESIGNATED HISTORIC RESOURCE AT
1725 SANTA BARBARA 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 adopted Resolution. No. 8843 (1998 Series), extending said program; and
WHEREAS, the owner possesses fee title in and to that certain qualified real property,
together with associated structures and improvements thereon, legally described as a portion of
Block 176 of Grahams Resubdivision of Loomis and Osgood's Addition, City of San Luis
Obispo (Assessor's Parcel Number 003 - 552 -008), located at 1725 Santa Barbara Street, San Luis
Obispo, California 93401 -4451, also described as The Alexander Galewski House (Hereinafter
referred to as "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 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 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. sen• of the Revenue
and Taxation Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
R8880
Council Resolution No. 8880 (1998 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 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.
Vice Mayor Council Member
Upon motion of Romero , seconded by Schwartz , and on the following roll
call vote:
AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero,
and Mayor Settle
NOES: None
ABSENT: None
The foregoing Resolution was adopted this 15th day of December_ 1998.
. "' r, :.
Lee- Orice�; City Clerk
Attorney
88880
HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF
SAN LUIS OBISPO AND THE OWNER OF HISTORIC PROPERTY LOCATED AT
1725 SANTA BARBARA STREET, IN THE CITY, AND THE COUNTY OF SAN LUIS
OBISPO, STATE OF CALIFORNIA.
THIS AGREEMENT is made and entered into this )? day of T C f 1998, by and
between the City of San Luis Obispo, a municipal corporation (hereinafter referred to as the
"City"), and Astrid J. Gallagher, ' (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 nonrenewal is served as provided herein.
B. If the Owner or the City desires in any year not to renew the agreement, the Owner or the
City shall serve written notice of nonrenewal of the agreement on the other party. Unless
such notice is served by the Owner to the City at least ninety (90) days prior to the annual
renewal date, or served by the City to the Owner at least sixty (60) days prior to the
annual renewal date, one (1) year shall automatically be added to the term of the
agreement as provided herein.
C. The Owner may make a written protest of the notice. The City may, at any time prior to
the annual renewal date, withdraw its notice to the Owner of nonrenewal.
D. If either the City or the Owner serves notice to the other party of nonrenewal in any year,
the agreement shall remain in effect for the balance of the term then remaining.
Section 4. Standards and Conditions. During the term of this agreement, the historic property
shall be subject to the following conditions:
A. Owner agrees to preserve, maintain, and, where necessary, restore or rehabilitate the
property and its character - defining features, including: the building's general
architectural form, style, materials, design, scale, proportions, organization of windows,
Attachment R8880
Page 1
Historic Property Agreement
Page 2
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 changes shall comply with.applicable City .specific .plans, City regulations
and guidelines, and conform to the rules and regulations of the Office of Historic
Preservation of the California Department of Parks and Recreation, namely the U.S.
Secretary of the Interior's Standards for Rehabilitation and Standards and Guidelines for
Historic Preservation Projects. Interior remodeling shall retain original, character-
defining architectural features such as oak and mahogany details, pillars and arches,
special 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.
G. Owner shall allow reasonable periodic examination, by prior appointment, of the interior
and exterior of the historic property by representatives of the County Assessor, the State
Department of Parks and Recreation, the State Board of Equalization, and the City, as
may be necessary to determine the owners' compliance with the terms and provisions of
this agreement.
Attachment R8880
Page 2
Historic Property Agreement
Page 3'
Section 5. Furnishing of Information. The Owner hereby agrees to furnish any and all
information requested by the City which may be necessary or advisable to determine compliance
with the terms and provisions of this agreement.
Section 6. Cancellation.
A. The City, following_ a duly noticed public hearing by the City Council as set forth in
Government Code Section 50285,. may cancel this agreement if it determines that the
Owner has breached any of the conditions of this agreement or has allowed the property
to deteriorate to the point that it no longer meets the standards for a qualified historic
property; or if the City determines that the Owner has failed to preserve, maintain or
rehabilitate the property in the manner specified in Section 4 of-this agreement. If a
contract is canceled because of failure of the Owner to preserve, maintain, and
rehabilitate the historic property as specified above, the Owner shall pay a cancellation
fee to the State Controller as set forth in Government Code Section 50286, which states
that the fee shall be 12 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
Owner by registered or certified mail addressed to the address.stated:in this agreement. If
such a violation is not corrected to the reasonable;satisfaction of the Community -
Development Director or designee within thirty (30) days thereafter; or if not corrected
within such a reasonable time as may be required to cure the breach or default of said
breach or if the default cannot be cured within thirty (30) days (provided that acts to cure
the breach or default may be commenced within thirty (30) days and shall thereafter be
diligently pursued to completion by the Owner); then the City may, without further
notice, declare a default under the terms of this agreement and may bring any action
necessary to specifically enforce the obligations of the Owner growing out of the terms of
this agreement, apply to any court, state or federal, for injunctive relief against any
violation by the Owner, or apply for such relief as may be appropriate.
Attachment R8880
Page 3
Historic Property Agreement
Page 4
B. The City does not waive any claim of default by the Owner if the City does not enforce or
cancel this agreement. All other remedies at law or in equity which are not otherwise
provided for in this agreement or in the City's regulations governing historic properties
are available to the City to pursue in the event that there is a breach or default under this
agreement. No waiver by the City of any breach or default under this agreement shall be
deemed to be a waiver of any other subsequent breach thereof or default herein under.
C. By mutual agreement, City and Owner may enter into mediation or binding arbitration to
resolve disputes or grievances growing out of this contract.
Section 8. Binding Effect of Agreement. The Owner hereby subjects the historic property
located at 1725 Santa Barbara Street, San Luis Obispo, California, to the covenants, reservations,
and restrictions as set forth in this agreement. The City and Owner hereby declare their specific
intent that the covenants, reservations, and restrictions as set forth herein shall be deemed
covenants running with the land and shall pass to and be binding upon the Owner's successors
and assigns in title or interest to the historic property. Every contract, deed, or other instrument
hereinafter executed, covering or conveying the historic property or any portion thereof, shall
conclusively be held to have been executed, delivered, and accepted subject to the covenants,
reservations, and restrictions expressed in this agreement regardless of whether such covenants,
restrictions, and reservations are set forth in such contract, deed, or other instrument.
Section 9. Notice. Any notice required by the terms of this agreement.shall be sent to the
address of the respective parties as specified below or at other addresses that may be later
specified by the parties hereto.
To City: Community Development Director
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
To Owner: Astrid J. Gallagher
1680 La Finca Court
Arroyo Grande, CA 93420 -6949
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.
Attachment R8880
Page 4
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, or from claims for damage for
personal injuries, including death, and claims for property damage which may arise from
the direct or indirect use or activities of the Owner, or from those of their contractor,
subcontractor, agent, employee or other person acting on the Owner's behalf which relates
to the use, operation, maintenance, or improvement of the historic property. The Owner
hereby agrees to and shall defend the City and its elected and appointed officials, officers,
agents, and employees with respect to any and all claims or actions for damages caused
by, or alleged to have been 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 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.
Attachment R8880
Page 5
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
• r•
L., N 034
Date
STATE OF CALIFORNIA )
) ss..
COUNTY OF SAN LUIS OBISP� )
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of Cali.forni.a
County of San Luis /�Obi.spo
On /� 7/% before me, Lee Price, City Clerk
D to Name an Title of Officer (e. -Jay Doe, Notary Public
personally appeared
Name(s) of Signer(s)
personally known to me — OR — ❑ proved to me on the basis of satisfactory evide to be the person(*
/ whose name is /eresubscribed to the within instrument
and acknowledged to me that he /she /they executed the
same in his /her/their authorized bapacity(i0o, and that by
his /he0heir-signature(* on ihe;instfumentlhe pers66!J,,
-LEE PRICE or the entity up n behalf of`which'th rson(*- acted,
LA=M2.1999 ITNdS P Z ; executed the ' sfrument:Wm ban nd icial al.
Exhibit A j - - --
MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY LOCATED AT
1725 SANTA BARBARA STREET, SAN LUIS OBISPO, CALIFORNIA.
Owner shall preserve, maintain, and repair the historic building, including its character -
defming 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 1725 Santa Barbara 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 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. Replace dead or dying street tree and spray remaining street trees for insects and/or
disease, within one year of recording the contract.
b. Repair or replace rear porch, including installation of footings or continuous porch
foundation, within three years of recording the contract.
c. Repaint the entire house within ten years of recording the contract.
d. Repair or replace roofing within ten years of recording the contract.
e. Continue a high level of maintenance to house's exterior. and grounds, as evidenced
by regular, high quality landscape maintenance, repainting of house exterior on
weathered or peeling surfaces, repair and/or replacement of fencing as needed during
the contract term.
3. Property shall be maintained in accordance with Zoning Regulations and with the City's
Property Maintenance Standards.
OWNER
Asdid(JAGallag , Tre Etal Date
jh/L:mi11sact498.con
Attachment R8880
Page 7
CALIFORNIA ALL- PURPOS9 ACKNOWLIEDCa1NIENir
State of
County of
W,
'.Date Name and ale Olfi6er ,g. "Jane Doh, No ublic ")
personally appeared - - --
Name(sAf Signer(s) - -
❑ personally known to me— OR ) edto me on the basis of satisfactory evidence to be the persons*
whose name(4) is/aivsubscribed to the within instrument
and acknowledged to me that fie /she /they executed the
LEE PRICE same in his /her /their authorized capacity(ies), and that by
COW& • 105"31 z trs /her /theirsignature(b) on the instrument_ the person(
� arypUb9o—Ca6fanlo or the entity upon behalf of which the person�4acted,
SAN UPS 081SPOCOUNTY- � executed the instrument. �)
WMIA
4 MY Cantu. FxP� APR 2 1999 ^ ^� / f ^^
1A1l'rNICQC A nil n4*
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attomey -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other: - Top of thumb here
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer
Title( §):
O Partner— ❑ Limited ❑ General
❑ Attorney =in -Fact
❑ Trustee
❑ Guardian or Conservator
Other: -- Top of thumb here
Signer Is Representing:
®1994 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 Prod. No. 5907 Reorder: CaxTooll- FFrre�1- 800 - 876 -6827
A l-
"' Exhibit B
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
OFFICE OF HISTORIC PRESERVATION
HISTORIC RESOURCES INVENTORY
IDENTIFICATION AND LOCATION Ser. . No.
National
Register Status
1. Historic name: Andrew Galewski House Local
2. Common or current name: Designation
3. Number & street: 1725 Santa Barbara Street
City: San Luis Obispo Vicinity only: Zip: 93401 County: San Luis Obispo
4. LITM zone: A B C D
5. Quad map No. LISGS 35120- C6- Tf-024
11*3d iLUK0L11
6. Property category: Structure
Assessor's Parcel No.: 003 - 552 -008 Other:
(If district, number of documented resources]
•7. Physical Appearance: Briefly describe the present physical appearance of the property, including condition, boundaries,
related features, surroundings, and (if appropriate) architectural style.
This two -story house is a fine example of "Railroad Vemacular" architectural style. It is a rectangular one- and two -story
building, multi - gabled, with the main gables facing the side property lines. The roof has a medium slope with composition
shingle roofing and simple fascia. A small comer porch has a mini -gable roof supported by square posts with minimal detail.
The paneled entry door has a single pane window. On the front (street) elevation is an angled bay window with one over
one side windows and a three over one window on the front. Above the bay is a hipped roof. There is a deep, flat frieze at
the porch. To the side of the hgouse is an exterior simple chimney. The house is clad in 3 inch tear drop clapboard siding.
The interior of this modest residence has always been a single family dwelling. The downstairs has three rooms and a
kitchen, with a bathroom added much later. A brick chimney used as a stovepipe was hung on an interior wall. It was
subsequently removed. There are plain decorative elements, with flat trim around windows and more detailed trim around
doorways. The upstairs is divided into two rooms, reached by an open staircase. The upstairs landing has a redwood
banister with an usually low, square newel post with some detail. This house is in fair -to -good condition.
8. Planning agency:
City of San Luis Obispo, Community Development Department
9. Owner & address:
Astrid J. Gallagher,
1680 La Finca Court
Arroyo Grande, CA 93420
10. Type of ownership: Private
11. Present use: Residential (rental)
12. Zoning: R -3 -H (Medium -High Density Residential, Railroad Historic District)
13. Threats: None
Attachment R8880
Page 9
Page 2
Historical Resource Inventory
J
Send a copy of this form
to: State Office of
Historic Preservation;
P.O. Box 942896,
Sacramento, CA 94296 -
0001
Complete these items for
historic preservation
compliance projects_
under Section 106 (36
CFR 800). All items
must be completed for
historical resources
survey information. DPR
523 (Rev. 6/90)
Attachment R8880
Page 10
Page 3
Historical Resources Inventory
HISTORICAL INFORMATION
•14. Construction date(s): 1904 (factual) Original location: same Date.moved: n/a
15. Alterations & date: porch addition, date of addition unknown
16. Architect: Unknown Buildem Unknown
17. Historic attributes
(with number from gst): 2
02— Single Family Property
03-- Multiple Family Property
04 -Hotel
06— Commercial Building 1 -3 stories
1.4--Government Building
SIGNIFICANCE AND EVALUATION
18. Context for evaluation: Theme: Residential Architecture Area: San Luis Obispo
Period: 1600-1940 Property type: Single Family Residence
19. Briefly discuss the property's importance within the context. Use historical and architectural analysis as appropriate.
Compare with similar properties.
This house was built by Alexander Galewski, saloonkeeper and longtime resident of San Luis Obispo, in 1904. It is a fine
example of the railroad style of cottages built near the Southern Pacific Railroad tracks in the 'Railroad Historic District' of San
Luis Obispo. It is unusual for that location in that It, unlikely many other nearby residences, was never converted to a roomin_ g
house. For the house's first 50 years it was mostly occupied by its owners. Mr. Galewski owned the "Whisper Saloon"
located on Higuera Street, between. Garden and Chorro Streets.. He purchased the property from D.C. and Mary A. Cornwall
on August 291", 1904.
The property was in fair condition when purchased by the Gallaghers in 1985. The house has undergone extensive restoration,
with a new foundation, sewer; water and gas lateral lines. Also, interior walls were irisglated and windows and doors restored
to their original appearance. The house's significance Is based an its historical association with a prominent San Luis Obispo
merchant /saloonkeeper, and its Railroad Vernacular architectural style which has remained essentially intact since its
construction. (by Astrid Gallagher,. January 1994)
20. Sources:
County Museum Files
County Recorder & Title Company documents
Attachment R8880
Page 11
1725 SANTA BARBARA"
CITY OF SAN LUIS OBISPO
GEODATA SERVICES
955 MORRO STREET
SAN LUIS OBISPO, CA 93401
805 781-7167 11/09/98
Attachment R8880
Page 12
C.L.W.
City Directories: 1931,1938, 1942, 1950
City Sanbom Maps 1903, 1905, 1909, 1926
Parade Along The Creek, Rose McKean
21. Applicable National Register criteria:
22. Other recognition:
State Landmark No. (if applicable)
23.. Evaluator: Astrid Gallagher
Date of evaluation: January 1994
24. Survey type: Project Related
25. Survey name:
•26. Year form prepared: 1998
By: Jeff Hook
Organization: City of San Luis Obispo
Community Development Dept.
Address:
990 Palm Street
City & Zip:
San Luis Obispo, CA 93401
Phone:
(805) 781 -7170
*Sketch map. Show location and boundaries of property in
relation to nearby streets, railways, natural landmarks, etc.
Name each feature.
DOCUMENTATION OF HISTORICAL SIGNIFICANCE
The purpose of this evaluation sheet is to document the reasons why properties recommended
for inclusion on the San Luis Obispo Master List of Historical Resources are in fact historically
significant. Specific criteria for "National Register consideration" should be identified for all
recommended type #4 properties.
Property Address: 1725 Santa Barbara Street
Property Use: Residential
National Register Numeric Ranking: 5 (not eligible for the National, Register but significant
at a local level).
ARCHITECTURAL FACTORS:
1. Style:
Is the structure an excellent example of a distinctive architectural style? (An excellent example
is a building where the style has not been altered by the introduction of conflicting architectural
elements.)
X Yes _ No
Railroad Vernacular, with minimal changes (early porch and bay window additions).
Is the structure an example of an architectural style seldom seen in San Luis Obispo?
Attachment R8880
Page 13
Yes X No
2. Design: Does the structure have significant aesthetic appeal because of demonstrated
craftsmanship, use of detailing and execution of style?
Yes X No
Does the structure incorporate unique details or architectural features seldom seen in San Luis
Obispo?
—Yes X No
Was the structure designed by a master architect such as Frank Lloyd Wright?
Yes X No (If yes, name person
3. Significance of Building Designer
Was the structure designed by a person who made significant contributions to the state or region
such as Julia Morgan? Other local buildings in Santa Barbara, Santa Maria, and San_ Luis
Obispo.
Yes _No (If yes, name person Unknown )
Was the structure designed by an architect who, in terms of craftsmanship, made significant
contributions to San Luis Obispo?
_ Yes X No (If yes, name person Unknown )
Was the structure designed by a "pioneer" architect in. the city or county?
Yes X No (If yes, name person Unknown )
4. Landmarks
Does the structure have a symbolic importance to the community or is it a notable community or
neighborhood landmark?
Yes X No
HISTORICAL FACTORS:
1. Residents or Tenants
Was the structure occupied by a significant community leader _ eg. mayor or congressman?
Attachment R8880
Page 14
Documentation of Historical Significance
Page 3 .
Yes X No
Was the structure occupied by a community or public servant who made early, unique or
outstanding contributions to important local affairs?
_X Yes _ No (If yes, name person,)
The house was occupied by Alexander Galewski, a prominent saloonkeeper around the turn of
the 190 Century.
Was the structure occupied by a person with fame or outstanding recognition at the local,
regional, state or national level?
Yes X No (If yes, name person.)
Was the structure occupied by a person or persons (eg. families) that made important
contributions to the community?
_X–Yes _ X No (If yes, name person(s):
Was the structure occupied by a business or public agency that made significant contributions
to the historical development of the community?
_Yes X No (If yes, identify business)
2. Historical Events -
Was the structure or site involved in a landmark, famous, or first -of =its -kind event?
_ Yes No Unknown
Did the structure or site make unique or interesting contributions to the history of the city (eg.
the Chinese- American cultural activities)?
—Yes X No
3. Historical Context
Was the structure directly associated with early, first, or major patterns of local history (eg.
the County Museum)?
Yes X No
Attachment R8880
Page 15
Documentation of Historical Significance
Page 4
Was the structure directly associated with secondary patterns of local history?
—Yes X No
Does the structure occupy its original site?
X Yes _ No
NATIONAL REGISTER CRITERIA
The following criteria should be used to evaluate structures and sites recommended as Type #4
properties — those potentially eligible for the National Register of Historical Places.
A. The property is associated with events that have made a significant contribution to the
broad patterns of our history.
B. The property is associated with the lives of persons significant in our past.
C. The property embodies the distinctive characteristics of a type, period, or method of
construction, or represents the work of a master, or possesses high artistic values, or
represents a significant and distinguishable entity whose components may lack
individual distinction.
D. The property has yielded, or may be likely to yield, information important in prehistory
or history.
jh1L:histresinv 11 -98
Attachment R8880
ENO OF DOCUMENT Page 16
Doc No. 1998 - 084762 Rpt No: 001057611
Recording Requested By
Official Records ;RF —1 43.001
City, of San Luis Obispo. San Luis Obispo co. ;
;
When recorded,.mail to: Julie L. Rodewald Recorder '
City Clerk Dec 21, 1998 '
City of San Luis Obispo Time: 14:35
990 Palm Street j
San Luis Obispo, CA 93401 -3249 131
;TOTAL 43.00
RESOLUTION NO. 88790998 Series)
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 RICHARD AND
ADIAN LENZ, OWNERS OF A DESIGNATED HISTORIC RESOURCE AT
559 PISMO 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 Resolution No. 8843 (1998 Series), extending said program; and
WHEREAS, the owner possesses fee title in and to that certain qualified real property,
together with associated structures and improvements thereon, legally described as a portion of
Lot 2; Block 1, City of San Luis Obispo (Assessor's Parcel Number 003= 615 -016); located at 559
Pismo Street, San Luis Obispo, California 93401, also described as The Biddle 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 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 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:
R8879
Council Resolution No. 8879 (1998 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 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.
Vice Mayor Council Member
Upon motion of Romero , seconded by schwartx , and on the following roll
call vote:
AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero
and Mayor Settle
NOES: None
ABSENT: None
The foregoing Resolution was adopted this 15th day of December 1998.
1 ,-
�`i A- Tr
Lee Price, City Clerk
9�PPR6VGED:
e Jor ns Ci Attorney
Y
Mayor Allen. K. Settle
R8879
HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF
SAN LUIS OBISPO AND THE OWNER OF HISTORIC PROPERTY LOCATED AT
559 PISMO STREET, IN THE CITY, AND THE COUNTY OF SAN LUIS OBISPO,
STATE OF CALIFORNIA.
THIS AGREEMENT is made and entered into this ll day of 04'x- 1998, by and
between the City of San Luis Obispo, a municipal corporation (hereinafter referred to as the
"City"), and Richard H. and Adian M. Lenz. (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 (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 desires in an y 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
architectural form, style, materials, design, scale, proportions, organization of windows,
Attachment R8879
Page 1
Historic Property Agreement
"Page 2
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, and as existing at the time this contract was entered into, 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 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,
original hardware and -fixtures, 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
this agreement.
Attachment R8879
Page 2
r
Historic Property Agreement
Page 3
Section 5. Furnishing of Information. The Owners hereby agree to famish 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
Govemment 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 ro
p p e rty; or tithe City determines that the Owner has failed .to.preserve, maintain
or rehabilitate the propertydn.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 Owner shall pay a cancellation
fee to the State Controller as set forth in Government Code Section 50286, which states
that the fee shall be 12 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.
Attachment R8819
Page 3
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 559 Pismo 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: Richard H. and Adian M. Lenz
3515 Highland Avenue
Manhattan Beach, CA 90266
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.
Attachment R8879
Page 4
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 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.
Attachment R8879
Page 5
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 SAN LUIS OBISPO
Alle Settle, Mayor Date
, Milt Lfi`/V li /tit
'hard H. L z Date
Adian M. Lenz Date
STATE OF CALIFORNIA )
ss.
COUNTY OF SAN LUIS OBISPO )
CALIFORNIIA ALL - PURPOSE ACKNOWLEDGINEhIT _ --- __. - -- — — — —
c�
State of Cali.forni.a
County of fSan Lui.s Obi.spo
On /0 1-7199 before me,
Lee �P /rJi_ ace, City Clerk
Data / / antl Title of 011lcor (e.9.. "Jana Doe. Notary PuWic-)
personally appeared
Name(s) of.Signer(s) -
personally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person(*
whose name( is /afe subscribed to the within instrument
and acknowledged to me that he /she /they executed the
tFe PR(cE
z same in his /he#their authorized capacity(ft, and that by
s @my coMnn. !t 1,3t _
! trotary P�!c — Ca6tamia i .his/her /their signature(�on the instrument the person,(.ay,
rAPIILISOai OCOliN1Y or the entity upon behalf;of-which the person(Aacted,
e xecuted the instrument. `
WITN h d d�officia s `
CALIFORNIA ALL= PWIPOSE ACKNOWLEDGMENT
State of Califor 'a
County of �o (%/ , ss.
before
I r
personally appeared
,�.., MARY QUACKENBUSH OD
NOTARYP 9lIGCA�FOP�W1 W
CD ® PRINCIPAL OFFICE IN M
C13 SAN u115 OB15P0 COUNTY i
sy rr E>�. Not. e, 2W
Place Notary Seal Atlove
Title of
❑ personally known to me
`proved to me on the basis of satisfactory
evidence
to be the persoro) whose name __W0
subscribed to the within instrument and
acknowledged to me_ that He he executed
the same in th authori d
capacit I s , and that by <-k►isfhe the'
signatures n the 'instrument the persorQ, or
the entity upon behalf of which the person
acted, executed the instrument.
WITNESS my
—_- - _ OPTIONAL
Though the information below is not required by law,.it may prove valuable to persons relying on the document
and could prevent. fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Documerit:
Document.Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: -
El Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact '
O Trustee
❑ Guardian or Conservator ..
❑ Other:
Signer Is Representing: -
®1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402
Number.of`Pages:
RIGHT THUMBP.RINT1
OF SIGNER
Prod. No. 5907 Reorder.. Call Toll -Free 1 -800- 876 -6827
Attachment R8879
Page 7
11
EXHIBIT A
MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY LOCATED AT
559 PISMO STREET, SAN LUIS OBISPO, CALIFORNIA.
1. Owner shall preserve, maintain, and repair the historic building, including its character -
defining architectural features in good condition, to the satisfaction of the Community
Development Director or designee, pursuant to a Mills Act Preservation Contract with the
City of San Luis Obispo for property located at 559 Pismo 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 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. Restore and paint the ornamental iron fence atop the granite wall along Pismo Street,
within 1 year of recording the contract.
b. Complete restoration of the Queen Anne style porch,.including ballustrades and
raillings, within 2 years of recording the contract.
c. Install period stone veneer on the exposed concrete foundation, to match original,
within 4 years of recording the contract.
d. Install concrete/brick walkways, Victorian period landscaping and an irrigation
system, within six years of recording the contract.
ti
e. Continue a high level of building and landscape maintenance, which will entail
exterior repainting of the building within ten years of recording the contract.
3. Property shall be maintained in accordance with Zoning Regulations, and with the City's
Property Maintenance Standards.
OWNERS /.
H.
Adian M. Lenz
jh/L:tnillsact I- 98.con
'40 eftbt-
Date
Neil a7 fa7 19l
Date
Attachment R8879
Page 8
559 PISMO
CITY OF SAN LUIS OBISPO
GEODATA SERVICES
955 MORRO STREET
SAN LUIS OBISPO, CA 93401
(805 ) 781 -7167
12/21/98
Attachment R8879
Page 9
EXHIBIT P -Ser. No. 0090 -03R
HABS_ HAER_ NR -3- SHL _ Loc__
UTM: A 10/712550%390588a
HISTORIC RESOURCES INVENTORY C D
IDENTIFICATION Biddle House
1. Common name:
2. Historic name: Biddle House
3. Street or rural address: 559 Pismo
Cit% San Luis Obispo Zip 93401 County
4. Parcel number: 03- 615 -15
San Luis Obispo
5. Present Owner: Northincrton, H.H. and E.A. Address: 772 Islay Street
City San Luis Obispo Zip 93401 Ownership is: Public Private L
6. Present Use: Residential Original use: Residential
DESCRIPTION
7a. Architectural style: Victorian Carpenter Gothic Revival w/ Eastern Stick motifs
7b. Briefly describe the present physical description of the site or structure and describe any major alterations from its
original condition:
This three story irregular shaped structure on a raised stone foundation with
steeply pitched gables covered with composition shingles. The house has a
variety of influences: Queen Anne in the irregualr floor plan and details
in the gable ends. Eastern Stick and Carpenter Gothic are also seen in
details, the verandah is Oueen Anne; curving around and projecting gables.
Carpenter Gothic in the porch posts and details along eaves and in stickwork.
One projecting side gable is typical of a northern European influence with
gabled dormer projecting'out over a hipped roofed two story bay. Dormer
is supported by two stickwork brackets.
S. Construction date:
Estimated Factual 1889 -97
9. Architect Unknown.
10. Builder Unknown
11. Approx. property size (In fee *.)
Frontage y01 Depth 1.7e '
or approx. acreage
12. Date(s) of enclosed photograph(s)
December 1982
Attachment R8879
Page 10
13. Condition: Excellent X Good Fair_ Deteriorated No longer in existence
14. Alterations:
15. Surroundings: (Check more than one if necessary) Open land = Scattered buildings _ Densely built -up
Residential Y _Industrial _Commercial Other:
16. Threats to site: None known g_Private development Zoning _ Vandalism_
Public Works project Other:
17. Is the structure: On its original site? 4eS Moved? Unknown?
18. Related features:
SIGNIFICANCE
11 Briefly state historical and /or architectural importance (include, dates, events, and persons associated with the site.)
This three story "high Victorian" house was constructed between 1889 and
1897 for the widow of John Biddle. He died in1891. The Biddles were an
influential ranching family in.the county. Mrs. Biddle and her children
occupied a house in back of where the present structure now stands. The
Biddle house is important for both its historical association with a
prominent family and its meritorious architecture, the style of which
incorporates profuse stick motifs. Its actual design, however, is proto-
typically Victorian- Carpenter Gothic Revival, in particular. The detailing
is largely Eastlake and Queen Anne, such as the spindled porch. Of note
is the fact that this house, in keeping with general 19th century building
trends in the.area, was constructed cted quite late for its style. In contrast,
a house of this sort may have appeared in San Francisco in the early 1880's
or even 1870's.
20. Main theme of the historic. resource: (If more. than one is
checked, number in order of importance.)
Architecture 1 - - Arts & Leisure
Economic /Industrial -2- Exploration/Settiement
Government Military
Religion - Social /Education _.
21: Sources ( List books, documents, surveys, personal interviews
and their dates).
Gebbhard, David and Winter, Robert A.
Guide-to Architecture in Los Angeles
and Southern California, 1977
Heritage Walking Tour, OTNA
22. Date form prepared
By (name) Historic Res,.,Survey Sta
Organization City of San .Luis_ Obispo
Address: P.O. Box 321
City San Luis Obispo Z;p 9.3.4_0___1_.
Phone: (805)_541 -1000
Locational sketch map (draw and label site and
surrounding streets, roads, and prominent landmarks):
11 NORTH
Attachment R8879
Page 11
END of DOCUMENT
Recording Requested By:
City of San Luis Obispo.
When recorded, mail to:
City Clerk
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401 -3249
'Doc No:
998 084161 Rpt No
Official Records ;RF _1
San Luis Obispo Co.
Julie L. Rodewald ;
Recorder
Dec 21, 1998 ;
Time: 14:35
-- — 131
:TOTAL
RESOLUTION NO:- 8878 (1998 Series)
00105760!
43.00
43.00'
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 ADRIENNE
RILEY, OWNER OF A DESIGNATED HISTORIC RESOURCE AT
1426 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 adopted Resolution No. 8843 (1998 Series), extending said program; and
WHEREAS, the owner possesses fee title in and to that certain qualified real property,
together with associated structures and improvements thereon, legally described as a portion of
Lot 10, Block 89, Murray and Church's Addition, City of San Luis Obispo (Assessor's Parcel
Number 003 -533 -007), located at 1426 Broad Street, San Luis Obispo, California 93401, also
described as The Dutton 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 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 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. seg. of the Revenue
and Taxation Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
R8878
Council Resolution No. 8878 (1998 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 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 lceroayor seconded by 520fir'lzMember
, and on the following roll
call vote:
AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor
Romero, and Mayor Settle
NOES: None
ABSENT: None
The foregoing Resolution was adopted this 15th day of December , 1998.
Mayor Allen . Se e
's` . •'± ,APPROVED:
e y J g se ity Attorney
R8878
HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF
SAN LUIS OBISPO AND THE OWNER OF HISTORIC PROPERTY LOCATED AT
1426 BROAD STREET, IN THE CITY, AND THE COUNTY OF SAN LUIS OBISPO,
STATE OF CALIFORNIA.
THIS AGREEMENT is made and entered into thi' /__1 day ofQk�T998, by and
between the City of San Luis Obispo, a municipal corporation (hereinafter referred to as the
"City"), and Mary Adrienne Riley (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 nonrenewal is served as provided herein.
B. If the Owner or the City desires in any year not to renew the agreement, the Owner or the
City shall serve written notice of nonrenewal of the agreement on the other party. Unless
such notice is served by the Owner to the City at least ninety (90) days prior to the annual
renewal date, or served by the City to the Owner at least sixty (60) days prior to the
annual renewal date, one (1) year shall automatically be added to the term of the
agreement as provided herein..
C. The Owner may make a written protest of the notice. The City may, at any time prior to
the annual renewal date, withdraw its notice to the Owner of nonrenewal.
D. If either the City or the Owner serves notice to the other party of nonrenewal in any year,
the agreement shall remain in effect for the balance of the term then remaining.
Section 4. Standards and Conditions. During the term of this agreement, the historic property
shall be subject to the following conditions:
A. Owner agrees to preserve, maintain, and, where necessary, restore or rehabilitate the
property and its character - defining features, including: the building's general
architectural form, style, materials, design, scale, proportions, organization of windows,
Attachment R8878
Page 1
Historic Property Agreement
Page 2
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 changes shall comply with applicable City specific plans, City regulations
And guidelines, and conform to the rules and regulations of the Office of Historic
Preservation of the California Department of Parks and Recreation, namely the U.S.
Secretary of the Interior's Standards for Rehabilitation and Standards and Guidelines for
Historic Preservation Projects. Interior remodeling shall retain original, character-
defining architectural features such as oak and mahogany details, pillars and arches,
special 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.
G. Owner shall allow reasonable periodic examination, by prior appointment, of the interior
and exterior of the historic property by representatives of the County Assessor, the State
Department of Parks and Recreation, the State Board of Equalization, and the City, as
may be necessary to determine the owners' compliance with the terms and provisions of
this agreement.
Attachment R8878
Page 2
C C
Historic Property Agreement
PageW.
Section 5. Furnishing of Information. The Owner hereby agrees to furnish any and all
information requested by the City which may be necessary or advisable to determine compliance
with the terms and provisions of this agreement.
Section 6. Cancellation.
A. The City, following a duly noticed public hearing by the City Council as set forth in
Government Code Section 50285, may cancel this agreement if it determines that the
Owner has breached any of the conditions of this agreement or has allowed the property
to deteriorate to the point that it no longer meets the standards for a qualified historic
property; or if the City determines that the Owner has failed to preserve, maintain or
rehabilitate the property in the manner specified in Section 4 of this agreement. If a
contract is canceled because of failure of the Owner to preserve, maintain, and
rehabilitate the historic property as specified above, the Owner shall pay a cancellation
fee to the State Controller as set forth in Government Code Section 50286, which states
that the fee shall be 12 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
Owner by registered or certified mail addressed to the address stated in this agreement. If
such a violation is not corrected to the reasonable satisfaction of the Community
Development Director or designee within thirty (30) days thereafter; or if not corrected
within such a reasonable time as may be required to cure the breach or default of said
breach; or if the default cannot be cured within thirty (30) days (provided that acts to cure
the breach or default may be commenced within thirty (30) days and shall thereafter be
diligently pursued to completion by the Owner); then the City may, without further
notice, declare a default under the terms of this agreement and may bring any action
necessary to specifically enforce the obligations of the Owner growing out of the terms of
this agreement, apply to any court, state or federal, for injunctive relief against any
violation by the Owner, or apply for such relief as may be appropriate.
Attachment R8878
Page 3
�1
Historic Property Agreement
Page 4'
B. The City does not waive any claim of default by the Owner if the City does not enforce or
cancel this agreement. All other remedies at law or in equity which are not otherwise
provided for in this agreement or in the City's regulations governing historic properties
are available to the City to pursue in the event that there is a breach or default under this
agreement. No waiver by the City of any breach or default under this agreement shall he
deemed to be a waiver of any other subsequent breach thereof or default herein under.
C. By mutual agreement, City and Owner may enter into mediation or binding arbitration to
resolve disputes or grievances growing out of this contract.
Section 8. Binding Effect of Agreement. The Owner hereby subjects the historic property
located at 1426 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 Adrienne Riley
1426 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
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.
Attachment R8878
.Page 4
CI
7
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; or from claims for damage for
personal injuries, including death; and claims for property damage which may arise from
the direct or indirect use or activities of the Owner; or from those of their contractor;
subcontractor, agent, employee or other person acting on the Owner's behalf which relates
to the use, operation, maintenance, or improvement of the historic property. The Owner
hereby agrees to and shall defend the City and its elected and appointed officials, officers,
agents, and employees with respect to any and all claims or actions for damages caused
by, or-alleged to have been 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, of
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 an y 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.
Attachment R8878
Page 5
Historic Property Agreement
Page b'
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 OB SPO
Allen K. Settle, Mayor Date
OWNER
Neill
Date
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN LUIS OBISPQ_)_ _
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of Cali.forni.a
County of San Luis Obispo
On M D before me, Lee Pri.ce, City Clerk
Date // _ - . . Nome and Title l Rigor (e.g., 'Jane Doe, Notary Public")
personally appeared / ' r fVr L
known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person(
)rersonally
whose nameto is /are subscribed to the within instrument
and acknowledged tome -that he /she /they executed the
same in his /heatheir-authorized capacity(W, and that by
his/herktreirsignatufe(,*yon
th6, instrument the
LEE PENCE or the entity upon behalf of�which the p ( acted,;.
COM#1064431 z
Nota executed the instr ent:
Welty Pubue — Cautanbo
SAN WIS 081S00 COUNTY
My Comm.Fxpirss APR t1999 WITNESS m h nd do ' ial seal
Signature of Notary Public
Attachment R8878 P. 6
CALIFORNIA ALL- PURPOU ACKNOWLEDGMENT
State. of.:
Coulatv of
On ?1� // % ))before me,
Date Name and Title of (� Jane Doe. Notary Public")
personally appeared 7��L.
Names) of Signer(s)
❑ p ona y mown to me-OR -roved to me on the basis of satisfactory evidence to be the person)
whose name( is /are subscribed to the within instrument
and acknowledged to me that he/she /tlrtey executed the
same in hisffter /their authorized capacity(ies), and that by
-Ws /her /fReir signature(sn the instrument the ersot(&),
GLORIA J. ANDERSON or the entity upon behalf of which the person acted,
p COMM. #1076616 executed the instrument.
g Notary Public - California
SAN LUIS 0i31SF0 COUNTY
- i,iy Comm. Exp. Nov. 15, 1999 WITNESS my hand and official seal.
i
PP6luW'ot Nbtary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: l / '.f U'/ Q)/ . Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner — (] Limited ❑ General
❑ Attomey -in -Fact
❑ Trustee
❑ Guardian or Conservator `.
El Other: Top of thumb here
Signer Is Representing:
Signer's Name:
9
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other: Top o"thumb
Signer Is Representing:
®1995. National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 Prod. No. 5907 AttaCtt tCfillU ?r& 1- 800 -876 -6827
Page 7
t�
Exhibit A
MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY LOCATED AT
1426 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 1426 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 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. Repair and repaint-front entry porch and repair /repaint front windows, within one year
of recording the contract;
b. Repair original stained -glass windows in front upstairs bedroom within two years of
recording the contract.
c. Make numerous plumbing repairs and pipe replacements within four years of
recording contract.
d. Repay' d possibly, seismically strengthen brick chimney, within six years of
recording contract.
e. Repair termite and fungal damage under house and on rear deck and carport, within
eight years of recording contract.
f. Install new roof within ten years of recording contract. OF F/V cs, fx X y
g. Repair or replace sewer lateral connection to public main in Broad StreetAvithin 10
years of recording the contract.
h. Repaint entire house within ten years of recording the contract.
3. Property shall be maintained in accordance with Zoning Regulations and with the City's.
Property Maintenance Standards.
s u
ov 3c; 5 5
Mary Adrienne JR11 ey Date
jh/L =Wsact2- 98.con
Attachment R8878
Page 8
0 EXHIBIT B -
HISTORIC RESOURCES INVENTORY
IDENTIFICATION
1. Common name
Ewing House
a o.
HAGS_ HAER_ —,NR 4�VVSHL Loc_
UTM: A 10/712770, .060006
C D
2. Historic name: Griffin House ( "Dutton House ") C
3. Street or rural address: 1426 Broad Street
City San Luis Obispo Zip 93401 County San Luis Obispo
4. Parcel number: 03- 533 -07
5. Present Owner Ewing, R.L. and M.A. Address: 1426 Broad Street
City San Luis Obispo zip 93401 Ownership is: Public Private %
6. Present Use: Residential Original use: Residential
DESCRIPTION
7a. Architectural style: Eastern Shingle (cottage)
7b. Briefly describe the presentphysical description of the site or structure and describe any major alterations from its
original condition:
This 1 1/2 story frame structure rests on granite foundation with a four -
gabled high pitched bellcast roof. The second story is shingled and has
a triple window in the front. The center window is flanked with stained
glass lites. A bay window has a center window with unequally sized lites.
The porch on the left has one ionic column. The lower story is sheatheiin
narrow clapboard. The porch also has a bellcast roof projection. Another
bay window is on the right side.
Featured is the repeat of the latticed detail in the upper sash of the
larger double hung windows.
urti acs tmev. wIf V1
S. Construction date:
Estimated 1904 Factual
9. Architect Unknown
10. Builder Unknown
11. Approx. property size (in feet)
Frontage 60' Depth 120'
or approx. acreage
F
I
C
L
12. Date(s) of enclosed photograph(s)
December 1982 L.
Attachment R8878 t
Page 9 L
13: Condition: Excellent _Good Fair X Deteriorated No longer in existence
14. Alterations:
15. Surround rigs:' (Check more than one if necessary) Open land _Scattered buildings_ Densely built-up
Residential X Industrial Commercial Other:
16. Threats to site: None known X Private development__ Zoning Vandalism
Public Works project Other: -
17. Is the structure: On its original site? Sae Moved? Unknown?
18. Related features:
SIGNIFICANCE
19. Briefly state historical and /or architectural importance (include dates, events, and persons associated with the site.)
This Eastern Shingle cottage represents one.of the latter Victorian
designs that found expression in touch of the turn of the centuiy
architecture. In San Luis Obispo a few Eastern Shingle residences ap-
peared in the early 1900's and this house was: constructed between 1904
and 1908,
Who the original owners were is not known, but it is likely that they
chose this style as opposed to other more locally popular designs because
of some remembrance of familiar housing on the Eastern seaboard where the
style originated.
In 1914, Alfred Griffin, a government inspector, resided here with his
wife, Dora.
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).
Sanborn Fire Insurance Maps
(1891, 1903, 1909)
City Directory (1904, 1914)
22 Date form prepared - 21 June 1983
By (name) Hi+nrin Aac Citrirwr CtAff
Organization -City of San . J c Ob; grin
Address:P.O. Box 321
City _ San .Luis Obispo zip 93401
phone: _(805).541 -1000
Locational sketch map (draw and label site and
surrounding streets, roads; and prominent landmarks):
n NORTH
/ e� i
'S
`J
X.-.0 �
Attachment R8878
Page 10
too
rA
1
RESOLUTION NO. . 8877 _ _ (1998 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE ISSUANCE OF EQUIPMENT ONLY PURCHASE PROGRAM
NOTES BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT
AUTHORITY
Local Government Participant: City of San Luis Obispo; California
Issuer: California Statewide Communities Development Authority
Borrower: Ernie Ball, Inc. or an affiliate
Notes: Equipment Purchase Program Note or Notes (Ernie Ball, Inc.
Project) of the Issuer
Maximum Principal Amount: $660,000
Public Hearing Date; Deceniber8, 1998
WHEREAS, the Issuer in its inducement .resolution (the "Inducement Resolution ")
attached hereto as Exhibit A has proposed to issue its Equipment Purchase Program Note or
Notes in an aggregate principal amount not expected to exceed the Maximum Principal Amount
pursuant to the California Industrial Development Financing Act, Section 91500 et .seq. of the
Government Code of the State of California, as amended and supplemented (the "Act "); and
WHEREAS, the project to be financed by the Notes consists of the acquisition and
installation of the property and financing cost (the "Project ") as described in the Inducement
Resolution; and
WHEREAS, the Issuer has requested that the City Council of the City of San Luis
Obispo (hereafter "Participant ") the governing body of the Local Government approve the
issuance of the Notes in order to satisfy the public approval requirement of Section 147(f) of the
Internal Revenue Code of 1986, as amended (the "Code") the requirements of Section 9 of the
Amended and Restated Joint Exercise of Powers Agreement (the "Agreement "), dated as of June
1, 1988, among certain local agencies; including the Local Government Participant, and the
public agency approval requirement of Section 91530(f) of the Government_ Code of the State of
California, as amended; and
WHEREAS, the governing body of the Local Government Participant hereby finds and
determines that the Project is not substantively inconsistent with the Local Government
Participant's general plan as prepared and adopted in accordance with Article 5 (commencing
with Section 65300 of the Government Code of the State of California) of Chapter 3 of Title 7;'
and
WHEREAS, the Local Government Participant held a public hearing on December 8,
1998, providing a reasonable opportunity for persons to comment on the issuance of the Notes
and the Project; and
WHEREAS, it is intended that this resolution shall constitute the approval of the
issuance of the Notes required by Section 147(f) of the lnternal Revenue Code, Section 9 of the
Agreement and Section 91530(f) of the Government code of the State of California;
R8877
Resolution No. 8877 (1998 Series) "
Page 2
NOW, THEREFORE, BE IT RESOLVED, by the governing body of the Local
Government Participant, that the issuance of the Notes is hereby approved for the purposes of
Section 147(f) of the Internal Revenue Code, Section 9 of the Agreement and Section 91530(f) of
the Government Code of the State of California.
BE IT FURTHER RESOLVED, the Clerk of the Local Government Participant shall
certify the adoption of this resolution, and thenceforth and thereafter the same shall be in full
force and effect..
Upon motion of council Member Marx; seconded by Council Member Ewan,
and on the following roll call vote:
AYES: Council Members Ewan, Marx, Schwartz:; Vice Mayor Romero,
and Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was adopted this 8thday of December , 1998.
Mayor Allen Settle
TT S
Lee I rice, City Clerk
APPROVED AS TO FORM:
n00�
� ,� 8o-t.t
Exhibit A
RESOLUTION NO.98EPP -29
RESOLUTION OF THE . CALIFORNIA STATEWIDE COMMUNITIES
DEVELOPMENT AUTHORITY MAKING DETERMINATIONS WITH
RESPECT TO THE FINANCING OF FACILITIES AND DECLARING ITS
OFFICIAL INTENT TO UNDERTAKE THE FINANCING AND TO
REIMBURSE CERTAIN CAPITAL EXPENDITURES FROM PROCEEDS OF
INDEBTEDNESS
Borrower: Ernie Ball, Inc. or an affiliate
Notes: Equipment Purchase Program Note or'Notes (Ernie Ball, Inc. Project)
Maximum
Principal Amount: $600,000
Equipment Location: 151 Suburban Road, San Luis Obispo, California 93401
Activities and Uses
of the Equipment: In a manufacturing facility or facilities for the manufacturing of electric
guitars and related accessories
Anticipated
Public Benefits: (a) Employment benefits (within the meaning of Section 91502.1(b.)(1)
of the Act) by.securing or increasing the number of employees of the
Borrower and any other direct users of the Equipment or the
compensation for such employment.
(b) Consumer benefits (within the meaning of Section 91502.1(b)(3) of
the Act) by improving the quantity or quality or reducing the price
of products, energy or related. services or facilities, and by producing
new or improved products or related services or facilities;.
WHEREAS, the California Statewide Communities Development Authority (the "Issuer ") is
authorized and empowered by the provisions of Title 1, Division 7, Chapter 5 of the Government Code
of the State of California to issue its industrial development notes pursuant to the California Industrial
Development Financing Act, as amended and supplemented (the "Act "), for the purpose of financing
certain costs of a project, as that term is defined in the Act; and
WHEREAS, the Borrower desires to acquire and install certain manufacturing equipment (the
"Equipment "), which will be located in the Equipment Location; and
WHEREAS, the Borrower is willing to acquire and install the Equipment upon the issuance by
the Issuer of the Notes to finance the Equipment pursuant to the Act; and
WHEREAS, the Borrower has heretofore submitted, and this Commission has accepted, an
application requesting financing for the Equipment; and
WHEREAS, the Issuer may not issue industrial development notes to finance the Equipment
until this Commission makes certain determinations with respect to public benefits and qualification of
the Equipment as required by the Act; and
WHEREAS, this Commission has carefully considered and discussed the information contained
in the Borrower's application and other information necessary to make such determinations-, and
CSCDA- EOIDB- rNDUCEM (9/9-1) R8 8 7 7
J
WHEREAS, this Commission desires to induce the Borrower to commence acquisition and
installation of the Equipment at the earliest possible time so as to produce the public benefits set forth
herein; and
WHEREAS, the Issuer; in the course of assisting the Borrower in the financing of the
Equipment expects that the Borrower has paid or may pay certain expenditures (the "Reimbursement
Expenditures ") in connection with the Equipment within 60 days prior to the adoption of this Resolution
and prior to the issuance of the Notes for the purpose of financing costs associated with the Equipment
on a long -term basis; and
WHEREAS, the Issuer reasonably expects that Notes in an amount not expected to exceed the
Maximum Principal Amount will be issued and that certain of the proceeds of the Notes may be used to
reimburse the Reimbursement Expenditures; and
WHEREAS, Section 1.103- 8(a)(5) and Section 1.150 -2 of the Treasury Regulations require the
Issuer to declare its reasonable official intent to reimburse prior expenditures for the Equipment with
proceeds of a subsequent borrowing;
NOW, THEREFORE, the Commission of the California Statewide Communities Development
Issuer does hereby resolve as follows:
correct.
Section 1. This Commission hereby finds and determines that the foregoing recitals are true and
Section 2. This Commission hereby finds and determines that:
Act;
(a) the Activities and Uses of the Equipment are in accord with Section 91503 of the
(b) the use of the Equipment is likely to produce the Anticipated Public Benefits;
(c) the issuance of the Notes by the Issuer in an amount sufficient to finance certain
costs of the Equipment, which is now estimated not to exceed the Maximum Principal Amount,
as described in the Borrower's application attached hereto as Exhibit A, is likely to be a
substantial factor in the accrual of one or more of the Anticipated Public Benefits from the use of
the Equipment as proposed in the Borrower's application; and
(d) the acquisition of the Equipment by the issuance of the Notes is otherwise in
accord with the purposes and requirements of the Act.
Section 3. It is the present intent of the Issuer to issue, at one time or from time to time, the
Notes (the interest of which is intended to be exempt from federal income taxation) when permitted to do
so under the Act in the amount not to exceed the Maximum Principal Amount to finance certain costs of
the Equipment.
Section 4. This Resolution is being adopted by the Issuer solely for purposes of establishing
compliance with the requirements of Section 1.103- 8(a)(5) and Section 1.150 -2 of the Treasury
Regulations. In that regard, the Issuer hereby declares its official intent to use proceeds of indebtedness
to reimburse the Reimbursement Expenditures. Notwithstanding the foregoing, this resolution does not
bind the Issuer to make any expenditure, incur any indebtedness, or proceed with the financing of the
Equipment.
CSCDA- EOIDB- DO- NDUCERES (8197) -2- 88877
Section 5. This resolution shall take effect immediately upon its passage.
PASSED AND ADOPTED by the California Statewide Communities Development
Authority this 26'h day of October, 1998.
I, the undersigned, a duly appointed and qualified Member of the Commission of the California
Statewide Communities Development Authority, DOES HEREBY CERTIFY that the foregoing
resolution was duly adopted by the Commission of the Issuer at a duly called meeting of the Commission
of the Issuer held in accordance with law on October 26, 1998.
Member of the Commission
California Statewide Communities
Development Authority
CSCDA- EMB- DD0.MDUCERU (8197) -3-
R8877
J
RESOLUTION NO. 8876 (1998 Series)
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN LUIS OBISPO DECLARING
THE RESULTS OF THE GENERAL MUNICIPAL ELECTION
HELD TUESDAY, NOVEMBER 3, 1998
WHEREAS, a. General Municipal Election was held in the City of San Luis Obispo on
Tuesday, November 3, 1998, as required by State Law and the Charter of the City of San Luis
Obispo, for the purpose of electing one Mayor and two Members of the City Council; and
WHEREAS, under the provisions of City Council Resolution No. 8815 (1998 series), the
San Luis Obispo County Board of Supervisors was authorized to perform the official canvass of
the election pursuant to the election laws of the State of California; and
WHEREAS, the Results of the Canvass of All Votes Cast at the Consolidated General
Election held on November 3, 1998 has been certified by the County Clerk- Recorder and
approved by the Board of Supervisors, is attached and made a part hereof as Exhibit A and is
hereby entered by the City Clerk in the official records of the City;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo that:
SECTION 1. The whole number of votes cast in said election within the City of San
Luis Obispo was 14,933.
SECTION 2. The names of the persons voted for, the office for which each person was
voted for and the number of votes given at each precinct to each person are shown by the
tabulation of votes in Exhibit A.
SECTION 3. ALLEN K. SETTLE, the candidate receiving the highest number of votes
cast at said election for the Office of Mayor, is hereby declared elected to such office for a term
ending December 1,2000.
SECTION 4. JAN HOWELL MARX and JOHN R. EWAN, the two candidates
receiving the highest number of votes cast at said election for the Office of City Council
Member, are hereby declared elected to such office each for terms ending December 1, 2002.
SECTION 5. The City Clerk shall sign and deliver to each duly elected officer a
Certificate of Election certifying to his/her election, and further, the City Clerk is directed to
certify to the passage and adoption of this resolution and enter it into the book of original
resolutions.
Upon motion of Council Member Williams, seconded by Council Member Roalman,
and on the following roll call vote:
R8876
Resolution No. 8876 (1998 Series)
Page 2
AYES: Council Members Roalman, Williams, Schwartz, Romero, Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was adopted this 1' day of December, 1998.
Mayor Allen Settle
A T:
Lee WcJ, City Clerk
APPROVED AS TO FORM:
L9, NA 21 wm? AWN,
!17
R8876
I
it
'ATTACHMENT A
—Page 1
CERTIFICATE OF THE COUNTY CLERK
RESULTS OF CANVASS OF ALL VOTES CAST
NOVEMBER 3, 1998 CONSOLIDATED GENERAL ELECTION
CITY OF SAN LUIS OBISPO
STATE OF CALIFORNIA
ss-.
COUNTY OF SAN Luis OBISPO
J, JULIE L. RODEWALD, County Clerk- Recorder of the County. of San Luis Obispo; do
hereby certify that pursuant to law I did canvass the, returns of the votes cast at the above referenced
election in the City of San Luis Obispo on November 3, 1998, and that a photocopy of the Statement
of Votes Cak to which this certificate is attached, shows the number of votes cast-in said city for each
candidate for the Office of Mayor and Member of the City Council and that the totals shown for each
candidate for the Office of Mayoi and Member of the City Council in said city and in each of the
respective Precincts thdreK are flall� true and correct.
WITNESS my hand and Official Seal this 17th day of November, 1998.
OD
JUL EWALD, County ClerkmRec6rder
V
R8876
kTTACHMENT A
SAN LUIS OBISPO COUNTY GENERAL ELECTION 11/3/98 CITY OF SAN LUIS OBISPO - MAYOR Page Z
Precinct
3
Voters Trnout
Pet
1
CON PRECINCT
51
921
468
50:8
26
CON PRECINCT
52
886
295
33.3
34
CON PRECINCT
53
968
356
36.8
46
CON PRECINCT
54
966
338
35.0
39
CON PRECINCT
55
1230
408
33.2
48
CON PRECINCT
56
1218
424
34.8
76
0011 PRECINCT
57
960
353
36.8
59
CON PRECINCT
58
1044
348
33.3
53
CON PRECINCT
59
902
332
36.8
54
CON PRECINCT
60
841
331
39.4
48
CON PRECINCT
61
915
333
36.4
32
CON PRECINCT
62
667
236
34.5
.30
CON PRECINCT
63
882
320
36.3
30
CON PRECINCT
64
1184
381
.32.2
43
CON PRECINCT
65
1306
580
44.4
59
CON PRECINCT
78
1017
463
45.5
27
CON PRECINCT
79
874
401
45.9
38
CON PRECINCT
120
804
250
31.1
39
CON PRECINCT
121
1234
388
31.4
84
CON PRECINCT
122
1129
387
34.3
46
CON PRECINCT
123
1134
342
30.2
42
CON PRECINCT
124
1187
385
32.4
58
CON PRECINCT
125
815
170
20.9
31
CON PRECINCT
126
970
200
20.6
38
CON PRECINCT
127
970
306
31.5
35
ABSENTEE CON
51
0
255
0.0
13
ABSENTEE CON
52
0
227
0.0
23
ABSENTEE CON
53
0
Z37
0.0
22
ABSENTEE CON
54
0
318
0.0
26
ABSENTEE CON
55
0
295
0.0
28
ABSENTEE CON
56
0
342
0.0
27
ABSENTEE CON
57
0
167
0.0
15
ABSENTEE CON
58
0
238
0.0
29
ABSENTEE CON
59
0
224
0.0
30
ABSENTEE CON
60
0
198
0.0
20
ABSENTEE CON
61
0
290
0.0
24
ABSENTEE CON
62
0
135
0.0
12
ABSENTEE CON
63
0
158
0.0
14
ABSENTEE CON
64
0
359
0.0
40
2
3
4
5
0
124
317
1 - - --
0
69
191
1
G
77
232
0
0
71
225
3
0
90
268
2
0
82
266
1
0
66
227
1
0
61
232
2
0
74
203
1
1
78
202
2
0
83
217
1
1
57
142
0
0
86
203
1
0
86
250
2
0
132
388
1
0
103
331
2
0
91
270
2
0
48
163
0
1
68
236
0
0
71
270
0
0
65
233
2
0
81
242
4
0
32
107
0
0
34
126
2
0
51
220
0
0
63
178
1
0
60
143
1
0
60
155
0
0
88
203
1
0
86
178
3
0
78
235
2
0
25
126
1
0
53
152
3
0
50
143
1
0
57
121
0
0
78
188
0
0
51
71
1
0
29
113
2
0
78
241
0
-- ------------------------------- C 0 L U M N L E G E N 0
1: City of San Luis Obispo
Mayor
Blank Votes
2: City of San Luis Obispo
Mayor
Over Votes
4: City of San Luis Obispo
Mayor
Allen K. Settle
5: City of San Luis Obispo
Mayor
Yritein Votes
7:
8:
------
10:
11:
3: City of San Luis Obispo 6: 9: 12:
Mayor
Paul G. Dahan
R8876
------ ----------- --- --- --- `.- ---
--------- --- - - - --- C O L U M N
11/3/98
1: City of San Luis Obispo
4: City of San Luis Obispo
7: 10:
Mayor
'-- `ATTACHMENT A
SAN LUIS OBISPO COUNTY GENERAL ELECTIc...
Blank Votes
Allen K. Settle
CITY
OF SAN LUIS
OBISPO - MAYOR
_ Page 3
Precinct
Voters
7rnout
Pet
1
2
3
4
5
- --------
ABSENTEE CON 65
-
0
---
340
------
0.0
------
28
0
. -- -- ------
64
246
.:-
2 __ --
ABSENTEE CON 78
0
US
0.0
23
0
84
221
0
ABSENTEE CON 79
0
281
0.0
12
1
58
209
1
ABSENTEE CON 120
0
137
0.0
12
0
33
91
1
ABSENTEE CON 121
0
183
0.0
14
0
45
123
1
ABSENTEE CON 122
0
292
0.0
24
0
70
196
2
ABSENTEE CON 123
0
335
0.0
34
0
65
235
1 .
ABSENTEE CON 124
0
264
0:0
33
0
58
173
0
ABSENTEE CON 125
0
51
0.0
10
0
8
32
1
ABSENTEE CON 126
0
85
0.0
16
a
16
54
0
ABSENTEE CON 12.7
0
195
0.0
17
0
40
138
0
SN LUIS OBISPO 350
137
90
65.7
16
0
14
62
0
SN LUIS 091SPO 351
141
116
82.3
7
0
30
79
0
SN LUIS OBISPO 352
5'
1
20.0
0
0
1 1
1
0
SN LUIS OBISPO 353
1
1
100.0
0
0
1
0
0
SN LUIS OBISPO 354
2
2
100.0
0
0
1
0
1
Precinct Totals
25024
8789
35.1
1115;
3
1880
5761
31
Absentee Totals
286
6144
•****
569.
1
1444
4107
26
-> Total Votes
25024
14933
59.7
1684
4
3324
.9868
.57
------ ----------- --- --- --- `.- ---
--------- --- - - - --- C O L U M N
L E G E N D = ----`- =----- ---= ------------- --------`----- -
1: City of San Luis Obispo
4: City of San Luis Obispo
7: 10:
Mayor
Mayor
Blank Votes
Allen K. Settle
2: City of San Luis Obispo
5: City of San Luis Obispo
8.- 11:
Mayor
Mayor
Over Votes
Yritein Votes
3: City of San Luis Obispo
6:
9: 12:
Mayor.
Paul G. DaBan
R8876
IN
----------------- m -------------------------------- C b L U M N L E.G E M D ------------------- 7" ----------------------------
I: City of San Luis Obispo 4: City of San Luis Obispo 7: 10:
Mayor Mayor
Blank Votes Allen K. Settle
2: City of San-Luis Obispo 5: City of San Luis Obispo 8: 11:
Mayor Mayor
Over Votes Writein Votes
3: City of San Luis Obispo 6: 9: 12::
Mayor
Paul G. D-ahan
R8876
'ATTACHMENT A
SAN LUIS OBISPO COUNTY GENERAL ELECTION 11/3/98 CITY
OF SAN LUIS
OBISPO -
MAYOR
Page 4
R E C A P
Voters Tmout
Pct
1
-----
2
3
4
------
5
------
6
----------------------
DIST 1 SUPERVISOR
0
------
a
---
0.0
0
--
0,
------ ------
0
0
0
D I iST 2 SUPERVISOR
921
723
78.5
39
0
187
495
2
DIST 3 SUPERVISOR
14255
8767
61.5
1012
2
2016
5703
36
DIST 4 SUPERVISOR
1891
1473
77.9
100
1
336
1031
5
DIST 5 SUPERVISOR
8243
3970
48.2
533
1
785
2639
114
TOTAL VOTERS
25310
14933
59.0
1684
4
3324
9868
57
22ND CONGRESSIONAL DIST
25310
14933
59,.0
1684
4
3324
9868
57
18TH SENATORIAL DIST
25310
14933
59.0
1684
4
3324
9868
33RD ASSEMBLY DIST
25310
14933
59.0
1684
4
3324
9868
57
BRD EQUALIZATION; DIST 2
25310
14933
59.0
1684
4
3324
9868
57
CITY OF ARROYO GRANDE
0
0
0.0
0
.0
--;0--
0
0
CITY OF ATASCADERO
0
0
0.0
a
0
0
0
a
CITY OF GROVER BEACH EACH
0
0
0.0
0
0
0
0
CITY OF MORRO SAY
0
0
0.0
6
0.
0
0
0
CITY OF PASO ROBLES
0
a
0.0
0
0
0
0
0
CITY OF PISMO BEACH
D
d
0,0
0
6
0
0
0
CITY OF SAN I LUZ , S OBISPO PO
25310
14933
59.0
1684
4
3324
9868
.57
UNINCORPORATED
0
0
0.0
0
0
0
0
0
CONSOLIDATED PRECINCTS
25024
8789
35.1
1115,
3
1880,
5761
31
ABSENTEE TOTALS
286
6144
569,
1
1444
4107
26
TOTAL VOTERS (CONS+ABS)
25310
14933
59.0.
1684
4
3324
.9868
57
IN
----------------- m -------------------------------- C b L U M N L E.G E M D ------------------- 7" ----------------------------
I: City of San Luis Obispo 4: City of San Luis Obispo 7: 10:
Mayor Mayor
Blank Votes Allen K. Settle
2: City of San-Luis Obispo 5: City of San Luis Obispo 8: 11:
Mayor Mayor
Over Votes Writein Votes
3: City of San Luis Obispo 6: 9: 12::
Mayor
Paul G. D-ahan
R8876
---------------------- ----------- ---- --- ---------- C 0 L U M N L E G E N D
1: City of San Luis Obispo
4: City of San Luis Obispo 7: 10:
Member of City Council
Member of City Council
Blank Votes.
Jan Marx
2: City of San Luis Obispo
5: City of San Luis Obispo 8: 11:
Member of City Council
`ATTACHMENT A
SAN LUIS OBISPO COUNTY GENERAL ELECT%_
11/3/98
CITY OF SAN LUIS
OBISPO
- MEMBER,.
_ `Page 5
Precinct
Voters Trnout
Pet
1
2
3
4
5
CON PRECINCT 51
921
468
50.8
25
0
231
203
264
3
CON PRECINCT 52
886
295
33.3
50
0
121
122
126
1
CON PRECINCT 53
968
356
36.8
59
0
157
163
169
0
CON PRECINCT 54
966
338
35.0
41
0
163
143
162
3
CON PRECINCT 55
1230
408
33.2
47
0
170
195
193
3
CON PRECINCT 56
1218
424
34.8
63
0
143
204
212
2
CON PRECINCT 57
960
353
36.8
66
0
106
192
157
1
CON PRECINCT 58
1044
348
33.3
62
0
111
168
140
4
CON PRECINCT 59
902
332
36.8
47
1
139
153
141
1
CON PRECINCT 60
841
331
39.4
55
0
130
131
155
1
CON PRECINCT 61
915
333
36.4
33
0
154
151
151
0
CON PRECINCT 62
667
230
34.5
48
1
92
82
87
0
CON PRECINCT 63
882
320
363
45
0
142
135
134
1
CON PRECINCT 64
1184
381
32.2
60
0
133
186
188
1
CON.PRECINCT 65
1306
580
"A
68
0
.246
262
288
3
CON PRECINCT 78
1017
463
45.5
45
0
200
225
256
0
CON PRECINCT 79
874
401
45.9
43
0
195
167
210
0
CON PRECINCT 120
8%
250
.31.1
47
0
83
124
98
0
CON PRECINCT 121
1234
388
31.4
82
1
138
179
141
1
CON PRECINCT 122
1129
387
34.3
43
2
132
218
194
2
CON PRECINCT 123
11.34
342
30.2
42
0
129
163
185
3
CON PRECINCT 124
1187
385
32.4
73
0
138
167
185
4
CON PRECINCT 125
815
170
20.9
40
0
52
63
58
3
CON PRECINCT 126
970
200
20.6
57
0
72
79
67
1
CON PRECINCT 127
970
306
31.5
41
1
104
180
147
0
.ABSENTEE CON 51
0
255
0.0
16
2
118
112
142
2
ABSENTEE CON 52
0
227
0.0
26
1
111
102
99
0
ABSENTEE CON 53
0
237
0.0
25
0
93
115
125
0
ABSENTEE CON 54.
0
318
0.0
M
0
144
156
191
1
ABSENTEE CON 55
0
295
0.0
28
0
134
123
154
2
ABSENTEE CON 56
0
342
0.0
42
0
117
173
175
1
ABSENTEE CON 57
0
167
0.0
17
0
66
94
81
0
ABSENTEE CON 58
0
238
0.0
36
0
93
118
95
2
ABSENTEE CON 59
0
224
0.0
32,
0
76
118
100
2
ABSENTEE CON 60
0
198
P.O
27
0
84
85
87'
0
ABSENTEE CON 61
0
290
0.0
34
0
129
141
131
1
ABSENTEE CON 62
0
135
0.0
20
0
50
56
67
1
ABSENTEE CON 63
0
158
0.0
17
0
69
67
73
2
ABSENTEE CON 64
0
359
0.0
47
0
121
179
180
0
---------------------- ----------- ---- --- ---------- C 0 L U M N L E G E N D
1: City of San Luis Obispo
4: City of San Luis Obispo 7: 10:
Member of City Council
Member of City Council
Blank Votes.
Jan Marx
2: City of San Luis Obispo
5: City of San Luis Obispo 8: 11:
Member of City Council
Member of City Council
Over Votes
John Ewan
3: City of San Luis Obispo
6: City of San Luis Obispo 9: 12:
Member of City Council
Member of City Council
Mare Brazil
Writein Votes
88876
---------- m ----------- ----------------------
C 0 L U M N
1: City of San Luis Obispo
4; City of San Luis Obispo
MoRiber of City Counc i t
Member of City Council
Blank Votes
Jan Marx
2: City of San Luis Obispo
5:1 City of San Luis Obispo
Member of City Council
Member of City Council
over votes
John Ewan
3: City of San Luis Obispo
6: City of San Luis Obispo
Member of City Council
Member of City Council
Marc Brazil
ATTACHMENT A
SAN LUIS OBISPO COUNTY
GENERAL ELECTION 11/3/98
CITY OF SAN LUIS
OBISPO
MEMBER OF 1 Page 6
Precinct
Voteirs Trnout
Pct
1
----
2
3:
4
5
------
6
I
----------
ABSENTEE CON 65
0
----
340
----- ------
0.0
30
--------
0
------
134
173
------
192
.1
ABSENTEE cow 78
0
328
0.0
SO
0
136
141
162
0
ABSENTEE CON 79
0
281
0.0
27
1
115
143
161
0
ABSENTEE COW 120
0
137
0.0
16
0
.59
69
57
2
ABSENTEE COW 121
6
im
0A
N
6
w
74
81
1
ABSENTEE CON 122
0
.292
0.0
27
0
115
152
159
2
ABSENTEE CON 123
0
335
0.0
32
0
112
179
188
3
ABSENTEE CON 124
0
264
040
il
0
108
131
121
1
ABSENTEE CON 125
0
51
0.0
9
0
16.
29
20
0
ABSENTEE CON 126
0
85
0.0
22
0
22
42
.30
0
ABSENTEE CON 127
0
19.5
0.0
.21
0
75
113
916
0
SM LUIS'OBISPO 350
137
90
65.7
20
0,
32
45
31
0
SW LUIS OBISPO 351
141
116
82.3
11
0
38
73
SN LUIS 0B.IS-PO.352
5
1
20.0
0
a
2
1
0
0
I SN LUIS OBISPO 353
1
1
100.0
0
0
1
0
0
0
a LUIS OBISPO 354
.2
2
100.0
0
.0
1
1
01
1
Precinct Totals
25024
8789
35.1
1282
6
3481
4055
4108
38
Absentee Totals
286
61"
709
4
2452
3005
3057
25
Total Votes
25024
14931
59.7
1 1 991
10
1 5933 3
7060
7165 5
63
---------- m ----------- ----------------------
C 0 L U M N
1: City of San Luis Obispo
4; City of San Luis Obispo
MoRiber of City Counc i t
Member of City Council
Blank Votes
Jan Marx
2: City of San Luis Obispo
5:1 City of San Luis Obispo
Member of City Council
Member of City Council
over votes
John Ewan
3: City of San Luis Obispo
6: City of San Luis Obispo
Member of City Council
Member of City Council
Marc Brazil
Writein Votes
L E G E N D --------- --------------- i ----------
7c 10:
9: 12:
R8876
--------------------------------------------- C 0 L U M N L E, G E N D ------------ -------
1: City of San Luis Obispo
Member of C i ty Cdunci it
Blank Votes
2: City of.San Luis Obispo
Member of City Council
Over Votes
3: City of San Luis Obispo
Member of City Council
Marc Brazil.
4: City of San Luis Obispo 7:
Member of City Council
Jan Marx
5: City of San Luis Obispo 8:
Member of City Council
John Escan
6. City of San Luis Obispo 9:
Member of City Council
Writein Votes
10:,
12:
1) Q Q -7f.
12
A
SAN LUIS OBISPO COUNTY GENERAL ELECT &vW
11/3/98 CITY OF SAN ,LUIS
MEMBEOF Cl'
'ATTACHMENT
Pag'*e 7
R t C A P
------------------------
Voters
------
Trnout
------
Pct
--
1
2
3
4
5
6
DIST I SUPERVISOR
0
a
0.0
- ------
0
0
------
0
-----
0
------
0
------ - -
0
DIST 2 SUPERVISOR
921
724
78..5
41
2
349
315
406
5
DIST3 SUPERVISOR
14255
8767
61.5
1178
3
3502
4107
4143
35
DIST 4 SUPERVISOR
1891
1473
77.9
165
1
646
6.76
739
0
DIST 5 SUPERVISOR
8243
3970
48.2
607
4
1436
1962
1827
23
TOTAL VOTERS
25310
14933
59.0
1991
10
5933
7060
7165
63
22ND CONGRESSIONAL DIST
2-5310
14933
59:0
1991,
10
59313
7060
7165
63
18TH SENATORIAL DIST
25310
14933
59.0
1991
10
5933
7060
7165
63
33RD ASSEMBLY DIST
25310
14933
50.0
1991
10
5933
7060
7165
63
8RD EQUALIZATION, DIST 2
25310
14933
MO
1991
10
5933
7060
7165
63
CITY OF ARROYO GRANDE
0
0
0.0
0
0
a
0
0
0
CITY OF ATASCADERO
0
0
0.0
0
0
0
a
0
0
CITY OF GROVER BEACH
0
a
0.0
0
0
0
0
0
0
CITY OF MORRO RAY
0
0
CA
0
0
0
0
0
0 1
CITY OF PASO ROBLES
0
0
0.0
0
d,
0
0
0
0
CITY OF PISMO BEACH
0
0
0.0-
0
0
0
0
0
0
CITY OF SAN LUIS OBISPO
25310
14933
59.0
1991
10
5933
7060
7165
63
UNINCORPORATED
0
0
0.0
0
0
0
0
0
0
CONSOLIDATED PRECINCTS
2.5024
35.1
1282
6
3481
405
4108
38
ABSENTEE TOTALS
286
61"
709
4
2452
3005
3057
25
TOTAL VOTERS (aws+Ass)
2531 0
114933
59.0
1991
10
5033
7060
7165
63
--------------------------------------------- C 0 L U M N L E, G E N D ------------ -------
1: City of San Luis Obispo
Member of C i ty Cdunci it
Blank Votes
2: City of.San Luis Obispo
Member of City Council
Over Votes
3: City of San Luis Obispo
Member of City Council
Marc Brazil.
4: City of San Luis Obispo 7:
Member of City Council
Jan Marx
5: City of San Luis Obispo 8:
Member of City Council
John Escan
6. City of San Luis Obispo 9:
Member of City Council
Writein Votes
10:,
12:
1) Q Q -7f.
12
RESOLUTION NO..8875
(1998 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISP_ O
AMENDING THE GENERAL PLAN OPEN SPACE ELEMENT TEXT
CONCERNING CLASSIFICATION OF PLANT SPECIE_ S
(GP 157 -98)
WHEREAS, the City Council conducted a public hearing on November 17, 1998, and has
considered testimony of interested parties, the records of the Planning. Commission hearing and
action, and the evaluation and recommendation of staff; and
WHEREAS, the City Council has considered the initial study of environmental impact
and the proposed Negative Declaration as prepared by staff and reviewed by the Planning
Commission.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Environmental. Determination. The City Council finds and determines that
the potential impacts of the amendment have been adequately addressed in the initial study of
environmental impact, that there are no potentially significant impacts, that this determination
reflects the independent judgment of the City Council, and that. a Negative Declaration is hereby
approved.
SECTION 2. Findings. That this Council, after consideration of a General Plan Open
Space Element text amendment concerning the classification of plant species (GP 157 -98) and
the Planning Commission's recommendations, staff recommendations, public testimony, and
reports thereof, makes the following finding:
A. The proposed text amendment is consistent with other policies of the General Plan.
SECTION 3. AAnproval. The Open Space Element amendment GP 157 -98, as shown in
the attached Exhibit A, is hereby approved.
SECTION 4. Publication. The Community Development Director shall cause the
amendment to be reflected in documents which are on display in City Hall and which are
available for public use.
Resolution No. 8875
Page 2
SECTION 5. Effective date. This amendment shall take affect at the expiration of 30
days following approval.
On motion of _ ca,,.,r; 1 Mambpr Wi 1 1 i amgseconded by council Member _Rom o , and
on the following roll call vote:
AYES: Council Members Romero, Schwartz., Williams and Mayor Settle
NOES: Council Member Roalman
ABSENT: None
the foregoing resolution was adopted this 17Q1ay of November 1998.
Mayor Allen K. Settle
City Clerk Lee Price
APPROVED AS TO FORM:
en
C
Exhibit A
General Plan open apace Element text amendment (UF157 -95)
Table II: Plants and Animals
As Classified by the City of San Luis Obispo
Sensitive Habitat - Are plants or animals which meet the criteria noted in 1, 2, 3, 4; or 5 below:
1. Classified by U.S. Fish and Wildlife Service (USFWS) as:
a. (FE) Endangered; In danger of extinction throughout all or a significant portion of its range.
b. (FT) Threatened: Likely to become endangered without protection and management.
c. (PFE) (PFT) Proposed Endangered or Threatened: Presently being considered for endangered
status.
d, (PC 1) Candidate, category 1: USFWS has sufficient data to support listing as endangered.
2. Classified by California Department of Fish and Game (F &G) as:
a. (SE) Endangered: Prospects for survival are in immediate jeopardy.
b. (ST) Threatened: Likely to become SE without protection and management.
3. Classified by California Native Plant Society (CNPS) - (Plants Only) as:
a. (List 1 A) Plants of Highest Priority Presumed extinct in California.
e. ;'—;4�--P;4-d—aB-,ger-ediaC-alifefiiia,eeni!menelsewhefe.
4. A species not listed by USFWS, F &G, or CNPS but can be shown to meet the criteria in CEQA
Section 15380.
5. Habitat area required to support the species listed in 1, 2, 3, or 4 above.
Unique Resources -
Are plants-or animals which meet the criteria noted in 1, 2, 3, or 4 below:
1. U.S. Fish and Wildlife Service (USFWS)
a. (FC2) Candidate; category 2: USFWS needs further data on threats.
2. California Department of Fish and Game (F &G)
a. (SR) Rare: May become endangered if present environment worsens (only refers to plants).
b. (CSC) Species of Special Concern: Are not rare on a state scale, but are found in limited
locations.
3. California Native Plant Society (CNPS) - (Plants Only)
A. (List 1 B) Plants of Highest Priori ty: Plants rare!and endan gered in California and elsewl•
b: (List 2) Plants rare and endangered in_Califorma common elsewhere r
ac". (List 3) Plants about which---n-!-o-f-,
more information is needed.
b'd. (List 4) Plants of limited distribution (a watch list).
4. Habitat area required to support thesp_ecies listed in 1, 2, or 3_ cited above.
d
4/