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HomeMy WebLinkAbout9996-100060 0 RESOLUTION NO. 10006 (2008 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE EXECUTION AND DELIVERY OF THE INSTALLMENT SALE AGREEMENT BY AND BETWEEN THE CITY OF SAN LUIS OBISPO AND THE CALIFORNIA INFRASTRUC'T'URE AND ECONOMIC DEVELOPMENT BANK AND APPROVING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of San Luis Obispo (the "City ") owns and operates facilities and property for the collection, treatment and disposal of wastewater within the service area of the City (the "Wastewater Enterprise "), and is proceeding to finance the acquisition and construction of improvements to the Wastewater Enterprise known as the Tank Farm Gravity Sewer, Lift Station and Force Main Project (the "Project'); and WHEREAS, in order to provide funds to finance the acquisition and construction of the Project, the City has proposed to enter into an Installment Sales Agreement with the California Infrastructure and Economic Development Bank (the "I- Bank ") under which the I -Bank agrees to provide financing for the Project to the City in consideration of the agreement by the City to pay periodic Installment Payments for the Project financing; and WHEREAS, the Council wishes at this time to approve all proceedings to which it is a party relating to the financing of the Project; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. The Director of Finance and Information Technology is authorized and directed to execute and deliver the Enterprise Fund Installment Sale Agreement (the "Agreement ") proposed to be entered into by the City of San Luis Obispo and the California Infrastructure and Economic Development Bank, for and on behalf of the City of San Luis Obispo. As executed and delivered, such documents shall be in substantially the form presented at this meeting, with such minor additions thereto or minor changes therein as the officers executing such document shall require or approve, such approval to be conclusively evidenced by the execution and delivery thereof. Section 2. The Director of Finance and Information Technology, and the Utilities Director are hereby each authorized and directed, in the name and on behalf of the City of San Luis Obispo, to take any and all steps and to execute and deliver any and all certificates, contracts and other documents which they might deem necessary or appropriate in order to consummate e the delivery of the Agreement and otherwise to effectuate the purposes of this resolution; including the execution of a tax certificate, and such actions previously taken by the employees of the City of San Luis Obispo are hereby ratified and confirmed. Section 3. The City Council acknowledges that subsequent to the execution and delivery of the Agreement, the I -Bank may determine to issue bonds to fund all or a portion of the City's Project, as defined in the Agreement. In such event, the City Council hereby R 10006 N N authorizes the Director of Finance and Information Technology to execute any necessary documentation, as requested by the I -Bank, including a new agreement, so long as such documentation is consistent with this Resolution and substantially identical to the terms and conditions of the Agreement. Section 4. This resolution shall take effect from and after its passage, approval and adoption. Upon motion of Council Member Carter, seconded by Council Member Mulholland, and on the following vote: AYES: Council Members Carter, Mulholland, and Settle, Vice Mayor Brown and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 15th day of July 2008. ATTEST AUDREY H OPER City Clerk APPROVED AS TO FORM: JONATUAN P. LOWELL Cit orney R 10006 0 0 RESOLUTION NO. 10005 (2008 Series) RESOLUTION 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 JAMES AND DIANE DUENOW, OWNERS OF A DESIGNATED HISTORIC RESOURCE AT 1443 OSOS STREET, IN SAN LUIS OBISPO WHEREAS, the City Council of the City of San Luis Obispo is authorized by California Goverment Code Section 50280 et seq. (known as "the Mills Act ") to enter into contracts with the owners of qualified historical properties to provide for appropriate use, maintenance, and rehabilitation such that these historic properties retain their historic characteristics; and WHEREAS, the City Council has adopted Resolution No. 9136 (2000 Series), establishing the Mills Act Historic Property Tax Incentive Program as an on -going historic preservation program to promote the preservation, maintenance and rehabilitation of historic resources through financial incentives; and WHEREAS, the owners possess fee title in and to that certain qualified real property, together with associated structures and improvements thereon, located on Assessor's Parcel Number 003 -541 -013, located at 1443 Osos Street, San Luis Obispo, California 93401, also described as the M.F. Avila House, (hereinafter referred to as the "historic property"); and WHEREAS, the City Council of the City of San Luis Obispo has designated this property as an historic resource of the City of San Luis Obispo pursuant to the policies in the City's Historic Preservation Program Guidelines; and WHEREAS, the City and owners, for their mutual benefit, now desire to enter into this agreement to limit the use of the property to prevent inappropriate alterations and to ensure that character- defining features are preserved and maintained in an exemplary manner, and repairs and/or improvements are completed as necessary to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 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 sN. of the Revenue and Taxation Code. WHEREAS, as provided by adopted procedures, the Cultural Heritage Committee held a public hearing on June 23, 2008 to consider a request by James and Diane Duenow, owners of 1443 Osos Street; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo based on the Cultural Heritage Committee's recommendation, documentation for the property on file in the Community Development Department, public testimony, the staff report, and on the City's Historical Preservation Program Guidelines, the following: J O Council Resolution No. 10005 (2008 Series) SECTION 1. Findings. 1. Conservation and Open Space Element program 3.6.2 indicates the City will participate in financial assistance programs such as property tax reduction programs that encourage maintenance and restoration of historic properties. 2. The M.F. Avila House, located at 1443 Osos Street, has been recognized as a historic asset in the community by its designation as a Master List Historic Property. As such, maintaining the structure will meet the City's goals for historic preservation listed in policies 3.3.1 through 3.3.5 of the Conservation and Open Space Element. 3. The Cultural Heritage Committee has reviewed and approved the proposed site and building changes, which are incorporated into the Mills Act Program for the property. SECTION 2. Historic Preservation Agreement approved. The City Council hereby approves the attached historic preservation agreement between the City of San Luis Obispo and the owners, Attachment 1. SECTION 3. 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 4. Environmental Determination. The City Council has determined that the above actions do not constitute a project, as defined by Section 15378 of the California Environmental Quality Act and are exempt from environmental review. SECTION 5. 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. R 10005 v � J Council Resolution No. 10005 (2008 Series) Upon motion of Council Member Carter, seconded by Council Member Mulholland, and on the following call vote: AYES: Council Members Carter, Mulholland and Settle, Vice Mayor Brown and Mayor Romero NOES: None ABSENT: None The foregoing Resolution was adopted this 15th day of July 2008. ATTEST: Audrey Hoer, City erk APPROVED AS TO FORM: o Lowell, City Attomey R 10005 HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE OWNERS OF HISTORIC PROPERTY LOCATED AT 1443 OSOS STREET, IN THE CITY AND COUNTY OF SAN LUIS OBISPO,LSTATE OF CALIFORNIA. THIS AGREEMENT is made and entered into this 3rrdday of Se 7�")Ke 2008, by and between the City of San Luis Obispo, a municipal corporation (hereinafter referred to as the "City'), and James and Diane Duenow (hereinafter referred to as "Owners "), and collectively referred to as the "parties." Section 1. Description of Preservation Measures. The owners, their heirs or assigns hereby agree to undertake and complete, at their expense, the preservation, maintenance and improvements measures described in "Exhibit A ", attached hereto. Section 2. Effective Date and Term of Agreement. This agreement shall be effective and commence upon recordation, and shall remain in effect for an initial term of ten (10) years thereafter. Each year upon the anniversary of the agreement's effective date, such initial tern 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 (I) 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 tenn 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, the house, garage and gardens and their character- defining features, including: the building's general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings; interior architectural elements that are integral to the building's historic character or significance; exterior materials, coatings, textures, details, mass, roof line, porch and other aspects of the appearance of the building's exterior, as described in Exhibit A, to the satisfaction of the Community Development Director or his designee. B. If the building's interior closely relates to the property's eligibility as a qualified historic property, the Owner agrees to allow pre - arranged tours on a limited basis, to the approval of the Community Development Director or his designee. 0 0 C. All building changes shall comply with applicable City specific plans, City regulations and guidelines, and conform to the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards for Rehabilitation and Standards and Guidelines for Historic Preservation Projects. Interior remodeling shall retain original, character - defining architectural features such as oak and mahogany details, pillars and arches, artwork, 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 changing the building's use or commencing construction work. E. Owner agrees that property tax savings resulting from this agreement shall be used for property maintenance and improvements as described in Exhibit A. F. The following are prohibited: demolition or partial demolition of the historic building or accessory buildings; exterior alterations or additions not in keeping with the standards listed above; dilapidated, deteriorating or unrepaired structures such as fences, roofs, doors, walls, windows; outdoor storage of junk, trash, debris, appliances, or furniture visible from a public way; or any device, decoration, structure or vegetation which is unsightly due to lack of maintenance or because such feature adversely affects, or is visually incompatible with, the property's recognized historic character, significance and design, as determined by the Community Development Director. G. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the historic property by representatives of the County Assessor; the State Department of Parks and Recreation, the State Board of Equalization, and the City, as may be necessary to determine the owners' compliance with the terms and provisions of this agreement. Section 5. Furnishing of Information. The Owner hereby agrees to furnish any and all information requested by the City which may be necessary or advisable to detennine 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 detennines 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. I� J 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, under the provisions to cancel the agreement by the Owner, the City shall give written notice of violation to the Owner by registered or certified mail addressed to the address stated in this agreement. If such a violation is not corrected to the reasonable satisfaction of the Community Development Director or designee within thirty (30) days thereafter; or if not corrected within such a reasonable time as may be required to cure the breach or default of said breach; or if the default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner); then the City may, without further notice, declare a default under the terms of this agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terns of this agreement, apply to any court, state or federal, for injunctive relief against any violation by the owners, or apply for such relief as may be appropriate. B. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this agreement. All other remedies at law or in equity which are not otherwise provided for in this agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach or default under this agreement. No waiver by the City of any breach or default under this agreement shall be deemed to be a waiver of any other subsequent breach thereof or default herein under. C. By mutual agreement, City and Owner may enter into mediation or binding arbitration to resolve disputes or grievances growing out of this contract. Section 8. Binding Effect of Agreement. The Owner hereby subjects the historic property located at 1443 Osos Street, San Luis Obispo, California, to the covenants, reservations, and restrictions as set forth in this agreement. The City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the historic property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the historic property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this agreement regardless of whether such covenants, restrictions, and reservations are set forth in such contract, deed, or other instrument. Section 9. Notice. Any notice required by the terms of this agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. To City: Community Development Director City of San Luis Obispo 919 Palm Street San Luis Obispo, CA 93401 To Owners: James and Diane Duenow 1443 Osos Street San Luis Obispo, CA 93401 Section 10. General Provisions. A. None of the terms, provisions, or conditions of this agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors or assigns, nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. B. The Owner agrees to hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage, or from claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or activities of the Owner, or from those of their contractor, subcontractor, agent, employee or other person acting on the Owner's behalf which relates to the use, operation, maintenance, or improvement of the historic property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all claims or actions for damages caused by, or alleged to have been 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 whither 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 effected 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. Section 12. Recordation and Fees. No later than twenty (20) days after the parties execute and enter into this agreement, the City shall cause this agreement to be recorded in the office of the County Recorder of the County of San Luis Obispo. Participation in the program shall be at no cost to the Owner; however the City may charge reasonable and necessary fees to recover direct costs of executing, recording, and administering the historical property contracts. IN WITNESS WHEREOF, the city and owners have executed this agreement on the day and year written above. CITY OF SAN LUIS OBISPO Mayor David F. Romero OWNE S es D enow Diane Duenow STATE OI�CALIFORNIA 1, ) Date 97AP/4 Date ) Date 9 1 ✓ "8 ss. COUNTY OF N LUIS OBISPO On this .3 day of $ ft ?008, before me, the unde3� said State, personally peared known to San Luis Obispo, a m iicipal corporation fisting and organized California. cue �tfz�ched Witness r$+v hand and official a Notary Public in and for be the mayor of the City of ,the laws of the State of wled�yyt�,n� 0 0 STATE OF CALIFORNIA ) )ss COUNTY OF SAN LUIS OBISPO ) On September 10, 2008, before me Audrey Hooper, City Clerk, personally appeared David F. Romero, Mayor, CITY OF SAN LUIS OBISPO, who proved to me on the basis of satisfactory evidence to be the person( whose name is/am subscribed to the within instrument and acknowledged to me that he /she4he executed the same in his/her4hei� authorized capacity(ies-); and that by his/hee4heir signature(, on the instrument the person(K- or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 1j'71-7 a,,, rdlery 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT � �S:' � _a a�s!+at.�a, � • =� � � ��S �ea�x.�iG� .�>=- �r'nS�'���>���5..�v..�f� .�5.��t,��a>..��i.3�G% State of California Countyof So Luis Obl�po On US before me, NQfAYN A411'r Date ii 7� Here In ert Name and Td f. the Officer personally appeared VQ)71QS ouenow Q.nd �larle ae,i DUI Name(s) of Signers) •�„ AMY L. ANTISTA COMM. #1573405 > Q m NOTARY PUBLIC - CALIFORNIA X SAN LUIS OBISPO COUNTY My Comm. Expires APR 26, 2009 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person®s whose nameG 4eare subscribed to the within instrument and acknowledged to me that -hefighe/tha executed the same in 4iefFier /their authorized Capacity Ies , and that by•hiMnr/their signature@ on the instrument the person@, or the entity upon behalf of which the person so acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ha nd official seal. Signature Signature of ary 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: V Document Date: J ��l �llY1�C/� �, w� p Number of Pages: Signer(s) Other Than Named Above: N ®�2F Capacity(ies) Claimed by Signer(s) Signer's Name: Jatws bvm0w V Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ��eu Dl uemw >6ndividual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here L i ®2007 National Notary Association• 9350 De Solo Avo.. P.O. Box 2402 • Chatsworth, CA 91313- 2402•v .NahonalNotaryorg Item #5907 Reordor. Call Toll -Frog 1-800- 878-8827 0 0 EXHIBIT A MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY LOCATED AT 1443 OSOS STREET, SAN LUIS OBISPO, CALIFORNIA. 1. Owner shall preserve, maintain, and repair the historic buildings and gardens, including their 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 1443 Osos Street. Character - defining features shall include, but are not limited to: roof, eaves, dormers, trim, porches, walls and siding, architectural detailing, doors and windows, window screens and shutters, balustrades and railings, foundations, and surface treatments. 2. Owner agrees to make the following improvements and/or repairs during the term of this contract, but in no case later than July 15, 2018, or ten (10) years from the contract date, which ever comes first. All changes or repairs shall be consistent with the City's Historic Preservation Program Guidelines and the Secretary of the Interior's Standards for the Treatment of Historic Properties: I. Repair roof leaks (remove dry rot or insect damaged areas). Clean and retain antique clay tiles. 2. Upgrade electrical wiring throughout the house. 3. Upgrade heating system from electrical wall heaters to natural gas central heating. 4. Repaint entire structure, inside and out. All painted surfaces shall be properly prepared, primed, and painted with high quality paints. All interior wall art shall be retained and /or repainted to match. 5. Repair or replace windows as necessary. All replacement windows shall match the architectural design, colors and materials of the original windows. 6. Modernize the kitchen (i.e. wiring, plumbing, and flooring). All new expanded cabinetry shall match existing. 7. Upgrade the existing garage for modern vehicles. This would include raising the roof and increasing its size. S. Landscape the grounds (street yards and interior court yards) with period appropriate landscape design and materials. Install automatic irrigation system. 9. Replace the pedestrian walkway from the Osos Street public right -of -way to the front entry porch. 10. Replace exterior lighting with period light fixtures, to the approval of the Community Development Director. 11. Continue a high level of maintenance to the house's exterior and grounds, as evidenced by periodic repainting and repair of exterior materials and surfaces, high quality landscape maintenance, and repair or replacement of site features, such as fencing, walls, lighting, or other historic site features. OWN RS �A40,0� 9 /, mes Duenow Date Diane Duenow Date G � Resolution No. 10004 (2008 Series) Page 2 Upon motion of Council Member Mulholland, seconded by Vice Mayor Brown, and on the following roll call vote: AYES: Council Members Carter, Mulholland, Settle, Vice Mayor Brown and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 1' day of July 2008. *,m-- rAA9;WMAd24ft Mayor David F. Romero ATTEST: Audrey Ho er City Cler APPROVED AS TO FORM: A Lowell y R 10004 0 0 RESOLUTION NO. 10003 (2008 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE LEASE OF REAL PROPERTY — 45 PRADO ROAD WHEREAS, the City is the legal owner of the property located at 45 Prado Road in the City of San Luis Obispo; and WHEREAS, the City has awarded a construction contract to Mountain Cascade, Inc. for construction of the Tank Farm Gravity Sewer, Lift Station, and Force Main Project; and WHEREAS, the City considers the temporary use of the property at 45 Prado Road by contractor as a staging area and materials and equipment storage yard during the construction of the Tank Farm Gravity Sewer, Lift Station, and Force Main Project to be appropriate and of mutual advantage to both City and Contractor and in the best interest of the public; WHEREAS, the City will allow the Contractor to have a construction office trailer on the property at 45 Prado Road; NOW, THEREFORE, the City Council authorizes the Mayor to execute an agreement between the City of San Luis Obispo and Mountain Cascade, Inc. for the lease of unimproved City owned property at 45 Prado Road. Upon motion of Council Member Settle, seconded by Vice Mayor Brown, and on the following roll call vote: AYES: Council Members Carter, Mulholland, Settle, Vice Mayor Brown and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this I" day July 2008. Mayor David F. Romero ,A 7T Audrey H r, Ci Cl APPROVED AS TO FORM: '- ona P. Lowell, City Attorney R 10003 N O RESOLUTION NO. 10004 (2008 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO UPHOLDING THE TREE COMMITTEE'S DECISION TO ASSESS ILLEGAL TREE REMOVAL FINE (1740 SAN LUIS DRIVE) WHEREAS, the City of San Luis Obispo (referred hereinafter as the City) staff observed in October 2007 removal of a eucalyptus tree without permit at 1740 San Luis Drive; and WHEREAS, City staff notified the residents of 1740 San Luis Drive on October 29, 2007 of the illegal tree removal violation and associated fine; and WHEREAS, the City received no response from the residents of 1740 San Luis Drive in regards to the illegal tree removal violation and associated fine, and WHEREAS, the City submitted delinquent billings to Medico - Dental Collection Agency for collection, and WHEREAS, City staff received an appeal of the City's illegal tree removal fine on April 2, 2008; and WHEREAS, the Tree Committee heard the appeal and upheld the City's decision to assess the illegal tree removal fine at its May 27, 2008 meeting; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that it hereby: Section 1. Upholds the Tree Committee's decision to assess a fine in the amount of $1,710 for the illegal tree removal at 1740 San Luis Drive, hereby authorizing City staff to proceed with collection of fines. Section 2. Authorizes the City Administrative Officer, or his designee, to negotiate all necessary paperwork required for collection of the illegal tree removal fine. . Section 3. Requires the appellants to plant a tree in their front yard, following consultation with the City Arborist. Section 4. Requires the appellants to immediately comport with City Property Development Standards (Section 17.16.020 A 1) and Property Maintenance Standards (Section 17.17.050) and modify new brick paver area accordlingly so as not to allow vehicular parking there. c o RESOLUTION NO. 10002 (2008 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE TRANSFER OF CITY OWNED PROPERTY WHEREAS, the City of San Luis Obispo is a charter city as defined in the California Constitution article X1, section 5 and may transfer real property as provided by City Charter Section 906; and WHEREAS, the City owns, or has rights in, certain property located at 1820 Osos Street in the City of San Luis Obispo (Assessor's Parcel No. 003 -655 -009), which is currently utilized as a surface parking lot; and WHEREAS, Depot Square owns, or has rights in, certain property located and 1880 Santa Barbara Avenue in the City of San Luis Obispo (Assessor's Parcel No. 003 -655 -006), and adjacent to the above City property, which is currently occupied by the historic Railroad Square building; and WHEREAS, on May 21, 2007, the City's Architectural Review Commission (ARC) approved project design plans for the preservation and rehabilitation of the Railroad Square building and the demolition and reconstruction of the annex portions of the building (City Application No. ARC 44-07); and WHEREAS, during planning review of the ARC application, it was discovered that portions of the existing Railroad Square building encroach upon a portion of the City property described herein; and WHEREAS, in order to complete the proposed project as approved by the ARC, it is necessary for Depot Square to obtain approximately 8,184 square feet of the City property by means of a lot line adjustment; and WHEREAS, Depot Square has submitted an application and map for the proposed lot line adjustment to the City and has requested that the City approve the lot line adjustment, and thereby transfer the necessary property to Depot Square, on the terns and conditions set forth in the Real Property Exchange Agreement to be executed by the Parties; and WHEREAS the Parties recognize that there is a risk that the City property being transferred herein is impacted by underground soil contamination resulting from past railroad operations; and WHEREAS, the Parties agree that Depot Square will assume all risks, liabilities and financial obligations arising from or relating to- contamination, if any; and WHEREAS, the City Council finds that the subject property is not necessary to any City purpose and disposition of the City's property as set forth herein is in the best interest of the City and results in public benefits, including, but not limited to, the provision of enhanced public amenities to the historic Railroad District; maintenance of a compact urban form; facilitation of R 10002 C �J Resolution No. 10002 (2008 Series) Page 2 economic development, provision of a variety of housing types; and enhancement of the historical context and character of the Railroad District, NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo authorizes that: SECTION 1. The Community Development Director shall approve, subject to Depot Square's compliance with otherwise applicable City requirements, Depot Square's application for a lot line adjustment, which will effect the transfer of a portion of City owned property, Assessor's Parcel No. 003 - 655 -009 (as more specifically depicted in Exhibit 1 to the Real Property Exchange Agreement), to Depot Square, LP. SECTION 2. The Mayor is authorized to execute on behalf of the City the Real Properly Exchange Agreement setting forth the terms and conditions of the property transfer, substantially in the form attached hereto as Exhibit A, and subject to the approval of the City Attorney. SECTION 3. The Mayor is authorized to execute on behalf of the City a contaminated materials hold harmless and indemnification agreement to be drafted at the direction and subject to the approval of the City Attorney. Upon motion of Council Member Settle, seconded by Vice Mayor Brown, and on the following roll call vote: AYES: Council Members Carter, Mulholland, Settle, Vice Mayor Brown and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this I' day of July 2008. Mayor David F. Romero ATTEST: - J/J4/ZJ./ Au ley Hoo City Clerk APPROVED AS TO FORM: nathan .y Lowell Ci orney R 10002 N 0 REAL PROPERTY EXCHANGE AGREEMENT THIS REAL PROPERTY EXCHANGE AGREEMENT, ( "Agreement ") by and between, Depot Square, LP a California limited partnership ( "Depot Square ") and the City of San Luis Obispo, a municipal corporation and charter city (the "City "), is made as of July 1, 2008 (the "Agreement Date "), with reference to the following facts: A. The City is a charter city as defined in the California Constitution article XI, section 5. The parties agree and acknowledge that the City has availed itself of the power to make and enforce all laws and regulations with respect to municipal affairs as required by the California Constitution and as indicated the City's Charter section 203. B. The City owns, or has rights in, certain property located at 1820 Osos Street in the City of San Luis Obispo (Assessor's Parcel No. 003 - 655 -009), which is currently utilized as a surface parking lot. C. Depot Square owns, or has rights in, certain property located and 1880 Santa Barbara Avenue in the City of San Luis Obispo (Assessor's Parcel No. 003- 655 -006), and adjacent to the above City property, which is currently occupied by the historic Railroad Square building. D. On May 21, 2007, the City's Architectural Review Commission (ARC) approved project design plans for the preservation and rehabilitation of the Railroad. Square building and the demolition and reconstruction of the annex portions of the building (City Application No. ARC 44 -07). E. During planning review of the ARC application. it the existing Railroad Square building encroach upon a portion of the City property described herein. F. In order to complete the proposed project as approved by the ARC, it is necessary for Depot Square to obtain approximately 8,184 square feet of the City property by means of a lot line adjustment. Depot Square has submitted an application and map for the proposed lot line adjustment to the City (Application No. LLA 44 -07) and has requested that the City approve the lot line adjustment, and thereby transfer the necessary property to Depot Square, in exchange for the consideration set forth herein. G. The Parties recognize that there is a risk that the City property being transferred herein is impacted by underground soil contamination resulting from past railroad operations. It is the intention of the Parties that, through this agreement and a subsequent contaminated materials agreement to be drafted at the direction and to the satisfaction of the City Attorney, Depot Square will assume all risks, liabilities and financial obligations arising from or relating to contamination, if any. G O H. The City Council finds that disposition of the City's property as set forth herein is in the best interest of the City and results in public benefits, including, but not limited to, the provision of enhanced public amenities to the historic Railroad District; maintenance of a compact urban form; facilitation of economic development, provision of a variety of housing types; and enhancement of the historical context and character of the Railroad District. NOW, THEREFORE, the parties hereto agree as follows: Agreement to Exchange Properties. (a.) Exchange. Subject to the terms, covenants and conditions of this Agreement and compliance with otherwise applicable City application requirements, on or as soon as practicable after July 2, 2008, City will approve Depot Square's application for a lot line adjustment, as reflected with greater specificity in City Application No. LLA 44 -07 and depicted in Exhibit A hereto. The approval will result in the transfer of the City's ownership interest in approximately 8,184 square feet of Assessor's Parcel No. 003 -655- 009 being transferred to Depot Square. As soon as practicable after the execution of this Agreement, Depot Square will record a grant deed transferring to the City ownership of the triangular portion of Depot Square's property located at the northwesterly boundary of its property, Assessor's Parcel No. 003 - 655 -006, and adjacent to the City property (as depicted with greater specificity in Exhibit 1 hereto). 2. Exchange Values of Properties. (a.) Monetary Value. The parties agree that establishing a precise monetary value of the City property subject to exchange via the lot line adjustment is not practical due to the longstanding and previously undiscovered encroachment of the historic Railroad Square building onto the subject City property, the remote likelihood that the City would seek to make any economical use of that portion of its property, and the possibility of contamination on the property relating to historical railroad operations. 3. Consideration. (a.) Real Property. As partial consideration for transfer of the City owned property to Depot Square, Depot Square shall record a grant deed transferring to the City ownership of the triangular portion of Depot Square's property located at the northwesterly boundary of its property, Assessor's Parcel No. 003 - 655 -006, and adjacent to the City property (as depicted with greater specificity in Exhibit 1 hereto). (b.) District Improvements. Depot Square agrees to construct its Project (City Application No. ARC 44 -07) substantially as approved by the ARC. In consideration of the remainder of the value of the City property to be transferred to Depot Square for purposes of constructing the Project, which is not offset by the real property to be transferred to City by Depot Square as set forth above, Depot Square will provide amenities and construct improvements in conjunction with its Project with approximate values as set forth in Exhibit 2 to this Agreement and also as set forth below: 2 G J 1) Construct wooden boardwalk on Santa Barbara Street 2) Install seven (7) pedestrian oriented light fixtures consistent with District character at locations to be agreed upon by applicant and City 3) Re- construct Rear parking lot 4) Public Art, a donation to the RR Museum in exchange for a period piece of RR art to be incorporated into the project (estimated cost of $80,000) 5) Landscape maintenance (estimated cost of $4,800 annually) (c.) Adequacy. The Parties agree that the dollar value of the proposed improvements to be constructed by Depot Square that is in excess of the value associated with improvements that the City could otherwise have required as conditions of project approval is equal to or greater than any reasonably estimable value of the City's property. Together the improvements will constitute a significant public benefit to the District and the City as a whole and constitute adequate consideration for the property transferred. 4. Hold Harmless and Indemnification. As additional consideration for the transfer of City property, Depot Square shall indemnify, defend and hold the City harmless from and against any and all liabilities, claims, demands and expenses of any kind or nature made on or after the effective date of the lot line adjustment, including but not limited to, any claim arising from or related to any title defect; labor, materials or supplies in connection with work performed on the City Property; hazardous materials and contamination (as set forth here and in the separate contaminated materials agreement between the Parties, as drafted to the satisfaction of the City Attorney and which Depot Square hereby agrees to execute); and all expenses related thereto including, without limitation, court costs and attorneys' fees. 5. Taxes. All property taxes relating to the transfer of City property to Depot Square shall be the sole responsibility of Depot Square. 6. Miscellaneous. (a.) Notices. All notices, demands or other communications of any type (collectively "Notices ") given by the City to Depot Square or by Depot Square to the City, whether required by this Agreement or in any way related to this transaction, shall be sufficient if in writing and delivered by hand or Federal Express or similar courier service to the person to whom the Notice is directed or mailed by United States Mail, as a Registered or Certified item, Return Receipt Requested, at or to the addresses specified in this section, as follows: 3 G If to City: City of San Luis Obispo 990 Palm Street San Luis Obispo, California 93401 -3249 Attention: City Administrative Officer Facsimile: (805) 781 -7109 With a copy to: City Attorney City of San Luis Obispo 990 Palm Street San Luis Obispo, California 93401 -3249 Facsimile: (805) 781 -7409 `J If to Depot Square: (b.) Governing Law; Plurality; and Gender. This Agreement shall be construed and interpreted in accordance with the laws of the State of California. Where required for proper interpretation, words in the singular shall include the plural; the masculine gender shall include the neuter and the feminine, and vice versa. (c.) Amendment. This Agreement may not be modified or amended, except by an agreement in writing signed by the parties to this Agreement. The parties may waive any of the conditions contained in this Agreement or any of the obligations or the other party under this Agreement, but any such waiver shall be effective only if in writing and signed by the party waiving such conditions or. obligations. (d.) Authorization. The person executing this Agreement on behalf of Depot Square hereby warrants and represents to the City that all necessary legal prerequisites to that party's execution of this Agreement have been satisfied and that he or she is fully authorized to do so and to bind the party of whose behalf he or she signs. The person executing this Agreement on behalf of the City claims to do so to the extent the authority to do so has been duly delegated to that person by the City Council of the City in accordance with applicable law. (e.) Time of Essence. Time is of the essence in this Agreement. (f.) Attorneys' Fees. If it becomes necessary for either party to file a suit to enforce this Agreement or any provisions contained in this Agreement, or to seek damages for a breach, the prevailing party shall be entitled to recover, in addition to all other remedies or damages, reasonable attorneys' fees incurred in such suit. (g.) Captions. The description headings of the several Articles, Sections and Paragraphs contained in this Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. G � (h.) Entire Agreement. Except for those certain obligations of Depot Square or successors as set forth in the separate hazardous materials agreement to be executed by the Parties, the Agreement constitutes the entire agreement among the parties pertaining to the subject matter of this Agreement and supersedes all prior and contemporaneous agreements and understandings of the parties in connection therewith. No representation, warranty, covenant, agreement or condition not expressed in this Agreement shall be binding upon the parties to this Agreement or shall affect or be effective to interpret, change or restrict the provisions of this Agreement. (i.) Counterparts. A counterpart of this Agreement with separate but fully executed signature pages attached thereto shall have the full force and effect of an original executed instrument. 0.) Successors. This Agreement shall be run with the City Property transferred to Depot Square and shall be binding upon and inure to the benefit of the Parties, their heirs, assigns, and successors in interest. Dated: Jai a" app% CITY OF SAN LUIS OBISPO By: Mayor Dave Romero APPROVED AS TO FORM: Go P. Lowell, City Attorney DEPOT SQUARE, LP A California Limited Partnership Ha 1 Authorized Agent Michael Pfau, Attorney for of quare FS F° gS I I \ \ I I \ I +� I P ` O \ t , \ s4 c� .s n �C S9 n \ 1 � I 88d 0010, Exhibit flail �g � {,✓- r' �AY� >I / 9m '?' 4l y •� il r��V/ 9/ � � C C yC a / In # YU$Y•p ti � ago �a� y / �Y Y Ye�*ea _• w 4 , �g v R TOPOGRAPHIC SURVEY OF PARCEL 2 OF PM SLO 84192 — %�il 141c -,A j,FI,j _ g� i @-- AND PORT ION OF PARCEL OF 2786r0.R./550 ggg E`; €P +� BOTH IN THE CITY OF SAN LUIS OBISPO, CA Fi'•i c E4�fu -iinf Q4E 0 r 0 a EXHIBIT 1 to Agreement RAILROA,) SQUARE PROPEL. a Y EXCHANGE r �L� r�J D Z D D D D \§xl � �.1 - Area to be deeded to the City ® Area to be deeded to Depot Square LP Depot Square LP Owned Parcel City Owned Parcel !F 0 osoi �P Area;to be.deeded F f j d r {j city of san Luis oaispo SLO GIS . vn..,sy . � - ,—ter _ .r Spe cia y Construction Inc. A:, 27038 -001 June 20, 2008 Depot Square, LP 895 Aerovista Place, Suite 100 San Luis Obispo, CA 93401 Mt. Hamish Marshall Reference: Railroad Square, 1880 Santa Barbara St., SLO Subject: Improvements in Public ROW Mr. Hamish Marshall: (EXHIBIT 2 to Agreement i J In. accordance with the Assistant City Attorney's request, SCI has reviewed the conditions of approval for the project and evaluated which improvements being constructed where originally conditioned, and which were not. i Depot Square LP is constructing the following improvements in the public right of way that were not originally conditioned as part of the project: Removal and salvage of railroad tracks, remove AC walk, remove 6200 curbs Demo arkin stalls curbs, etc in u er arkin lot j$7200 Pave new stall new curbs, etc in u er arkin lot 6300 New curbs for walkway, new flatwork for public sidewalk $9000 Grading for prep of all new work in public walks and drives, base $12000 for flatwork Trimming of trees for clearance and access in public right of way $2500 Additional 7 bollard lights along Santa Barbara St: in public right of $28000 way. . TOTAL OF IMPROVEMENTS 1 $71,200 Thank you in advance for your attention to these matters. Sincerely, Specialty Construction, Tom Ehlers Project Manager File: 01 Estimate Cc: JK RB, RC, Garcia Architecture, Oasis License A, B 619361 645 Clarion Court ` San Luis Obispo,.CA 93401 Telephone: 805/543 -1706 ' Administrative Fax: 8051543 -1712 ` Estimating Fax805/543 -1722 0 RESOLUTION NO. 10001 (2008 Series) RESOLUTION OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE SAN LUIS OBISPO COUNTY ASSESSOR TO ASSESS AMOUNTS DUE ON DELINQUENT SOLID WASTE COLLECTION AND DISPOSAL ACCOUNTS AS LIENS AGAINST THE PROPERTIES WHEREAS, Section 8.40.070 of the San Luis Obispo Municipal Code establishes that all developed properties in the City must use the solid waste collection and disposal service provided by the City's franchisee, that the franchisee is responsible for collecting fees for the service, and that owners of developed properties are responsible for paying for the service; and WHEREAS, Section 8.04.070 of the Municipal Code fiu ther provides a method by which, once each year, the franchisee may take actions to collect fees from the owners of developed properties involved in delinquent solid waste collection and disposal accounts; and WHEREAS, The franchisee, San Luis Garbage Company, has taken the actions required within the Municipal Code to collect fees from delinquent accounts as certified by franchisee and incorporated herein. NOW, THEREFORE, BE IT RESOLVED that the City Council of San Luis Obispo hereby authorizes the San Luis Obispo County Assessor to assess the amounts due on delinquent accounts as established and certified by the franchisee San Luis Garbage Company as liens against the developed properties listed below. PROPERTY OWNER PARCEL NUMBER PROPERTY ADDRESS AMOUNT BARRENA, CAROLINE 003- 524-005 1372 BROAD ST I 373.16 BATTISTA, CLARE 052 -033 -042 569 HIGHLAND DR 141.92 BRADBURY, JAMES S. & JANICE B. 052 - 351 -002 87 E FOOTHILL BLVD 136.34 BROWN, CARLTON 004411 -015 1864 LIMA DR 97.68 BROWN, REGINA 004 - 413 -036 1810 VICENTE 93.2 CARR, MELISSA 053- 301 -017 1237 CHAPARRAL CIR 232.8 CLOGSTON, JOYS. 052 - 291 -001 301 CERRO ROMAULDO AVE 93.74 CRAMERS FLOWER SHOP 053 - 182 -029 3191 S HIGUERA ST 1 642.56 CRAWFORD, VALANA 001424023 618 JOHNSON AVE 146.6 WWO00" • Resolution - Liens on Delinquent Solid Waste Accounts Page 2 EN PROPERTY OWNER PARCEL NUMBER PROPERTY ADDRESS AMOUNT FARIES, SHAWN M. 052 -022 -021 320 E FOOTHILL BLVD 218.24 GLEDHILI, JEREMY 052- 237 -002 456 HENDERSON AVE 75.04 GONZAI Z JIMMY J. & JESSIE G. %GONZALEZ, CLAUDIO 053 - 262 -077 77 DEL ORO CT 283.68 GREENWOOD, JEFFREY 052 - 504 -018 550 HIGHLAND DR 293.68 HONG, ANHTUAN 052 - 324 -008 384 ALBERT DR 399.18 HUYNH, MARCUS 053 - 262 -053 53 DEL SOL 172.8 KEITH, STACY 003 -637 -008 1615 MORRO ST 172.8 KOHL, JESSICA 001 -012 -017 785 SERRANO DR 284.8 MARGALIT, ESTHER 053 -080-026 973 BLUEBELL WAY 221.32 MARGALIT, NACHSHON 004- 993 -028 3340 JOHNSON AVE 202.54 MARTINEZ, NORMA 003- 625 -005 1733 NIPOMO ST 487.34 MCCLAVE, KURT 004 -393 -013 2611 EL CERRITO ST 150.24 MILLER, MICHELLE 053 - 513 -026 1648 FOREMAN Cr I 165.16 MOODY, SKENE 003 -687 -071 2151 SIERRA WAY 126.88 NELSON, STEVEN C. 001- 194 -020 286 LINCOLN ST 431.96 NELSON, STEVEN C. 001 -023 -042 949 WEST ST 151.66 PERRY, PATRICK 004 -412 -018 1892 HUASNA DR 272.76 ROBINSON, SCOTT C. 004611 -065 1351 ROYAL WAY APT 33 123.98 RODRIGUEZ, SERGIO 004-422 -028 11734 LOS OSOS VALLEY RD 263.14 SIMPSON, ANTHONY 052 -082 -008 1327 E FOOTHILL BLVD 120.22 SNYDER, CHUCK 003- 564-007 1672 FAIRVIEW ST 111.06 STEWART, ERICA 052- 291-005 331 CERRO ROMAULDO AVE 204.48 STEWART, GENE 004671 -002 3114 ROSE AVE 407.02 TOM -MEL BEAUTY SUPPLY 002- 426 -011 1119 CHORRO ST 909.5 V11.F_S, RONALD /ANGELA 004 -421 -014 1858 PEREIRA DR 283.68 WALTERS, GEORGINA 053 - 300-020 1286 CHAPARRAL CIR 107.68 WOLF, BO 052- 174009 32 CHORRO ST WORTHINGTON, JAKE 053 - 514-037 1732 SINGLETREE CT A141 R 10001 • O Resolution - Liens on Delinquent Solid Waste Accounts Page 3 Upon motion of Council Member Settle, seconded by Vice Mayor Brown, and on the following roll call vote: AYES: Council Members Carter, Mulholland, Settle, Vice Mayor Brown and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this I" day of July 2008 A7 ST: '�. -kl,. , "'), City Clerk y'H per APPROVED AS TO FORM: Ci ttomey Jonathan P. Lowell R 10001 • o RESOLUTION NO. 10000 (2008 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL FROM THE TREE COMMITTEE'S DECISION UPON A TREE REMOVAL REQUEST AT 1275 FERNWOOD DRIVE WHEREAS, the Tree Committee of the City of San Luis Obispo held a public hearing on April 28, 2008 and approved the City's request to remove one Shame] Ash tree located in the street parkway at 1275 Fernwood Drive, San Luis Obispo, California; and WHEREAS, on June 17, 2008, the City Council of the City of San Luis Obispo held a public hearing to consider the appeal of the approval to remove one Shamel Ash tree at this location. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings: The City Council, after consideration of the appellant's appeal, from the San Luis Obispo Tree Committee's action, and staff recommendations and reports thereon, and public testimony makes the following findings: a. Removal of the Shamel Ash tree in the street parkway at 1275 Fernwood Drive would harm the character of the neighborhood. b. The tree is a healthy specimen and good arboricultural practices do not suggest its removal is warranted at this time. c. The tree is not causing undue hardship to City property, and the benefits to the neighborhood from retaining the tree outweigh its negative impacts of potential harm to curb, gutter and sidewalks. d. The tree is not causing undue hardship to private property owners, as evidenced by the fact that the adjacent property owner has indicated her willingness to make modifications to her driveway and accept the potential to harm to her private property caused by the subject tree, provided the tree is allowed to remain. SECTION 2. The appeal from the Tree Committee's decision to approve the City of San Luis Obispo request to remove one Shamel Ash tree at 1275 Fernwood Drive is hereby upheld, and therefore removal of the Shamel Ash tree is denied. Staff is directed to take appropriate steps to implement the City Council's intent and direction. R 10000 • G Resolution No. 10000 (2008 Series) Page 2 Upon motion of Council Member Mulholland, seconded by Council Member Carter, and on the following vote: AYES: Council Members Carter, Mulholland and Settle, Vice Mayor Brown and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 17th day of June 2007. Mayor David F. Romero ATTEST: Audrey Mo per City Citry APPROVED AS TO FORM: Joriat an P. L ell City Attorney N C RESOLUTION NO. 9999 (2008 Series) . A RESOLUTION OF THE CITY OF SAN LUIS OBISPO AUTHORIZING SAN LUIS OBISPO COUNCIL OF GOVERNMENTS ( SLOCOG) AS SOLE AUTHORITY IN ADMINISTRATION OF SAN LUIS OBISPO TRANSIT PROPOSITION 1B CTSGP FUNDS WHEREAS, the City of San Luis Obispo (referred hereinafter as the City) operates the San Luis Obispo (SLO) Transit; and WHEREAS, the California Transit Security Grant Program (referred hereinafter as CTSGP) has allocated a portion of Proposition 1 B (Prop 1 B) Safety and Security Grant funding to be used for SLO Transit capital projects; and WHEREAS, the City has submitted an application to the San Luis Obispo Council of Governments (referred to hereinafter as SLOCOG) for discretionary Prop 1B funds; and WHEREAS, the SLOCOG has adopted a Governing Body Resolution Prop. 1B -6061- 002 as required by the Governor's Office of Homeland Security as a condition of receiving CTSGP funding; and WHEREAS, the SLOCOG has requested designation as the sole administrator for the City allocation of Prop 1B funds in exchange for equivalent State Transit Authority (STA) discretionary funds; and WHEREAS, the City Council seeks to utilize all available funding sources to provide transit services. NOW THEREFORE, BE IT RESOLVED that the Council of the City of San Luis Obispo as follows: Section 1. Authorizes SLOCOG to administer for and on behalf of the City, a public entity established under the laws of the State of California, any actions necessary for the purpose of obtaining financial assistance provided by the Governor's Office of Homeland Security, Prop 1 B funds in exchange for equivalent STA discretionary funds. Section 2. Authorizes the City Administrative Officer, or his designee, to negotiate all necessary paperwork required to receive STA discretionary funds. On motion of Council Member Settle, seconded by Council Member Mulholland, and on the following roll call vote: AYES: Council Members Carter, Mulholland and Settle, Vice Mayor Brown and Mayor Romero NOES: None ABSENT: None I..... Resolution No. 9999 (2008 Series) Page 2 The foregoing resolution was passed and adopted this 17`h day of June 2008. qgMW:;2UMrw/ I-- -- Mayor avid F. Romero ATTEST: Audrey Hooper City Clerk APPROVED AS TO FORM: J nathan P. well Ci A ey RESOLUTION NO. 9998 (2008 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING EXTENSION OF THE EXISTING COOPERATION AGREEMENT BETWEEN THE CITY AND COUNTY OF SAN LUIS OBISPO TO RECOGNIZE JOINT PARTICIPATION IN THE URBAN COUNTY GRANT PROGRAM FOR PROGRAM YEARS 2009 THROUGH 2011 WHEREAS, the County of San Luis Obispo ( "County"), a political subdivision of the State of California, and the City of San Luis Obispo ("City"), a municipal corporation, desire to participate in the Community Development Block Grant (CDBG) program administered by the U.S. Department of Housing and Urban Development (HUD); and WHEREAS, said program will promote the public health, safety and welfare by providing grant funds to be used by the City and County ( "parties ") to improve housing opportunities for low- and moderate- income households, to encourage economic reinvestment, to improve community facilities and public services, and to provide other housing - related facilities or services; and WHEREAS, HUD requires that the parties enter into a cooperation agreement to define their rights and obligations as a prerequisite of participation in the Urban County program; and WHEREAS, the parties have developed such an agreement that automatically renews for subsequent three year increments unless the City provides written notice of its intent to not participate in a new qualification period; and WHEREAS, the City desires to continue its participation for the upcoming 2009 -2011 program years. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. 1. The existing Cooperation Agreement is consistent with the general plan and with City and County policies encouraging cooperation between agencies on issues of regional significance such as affordable housing. 2. The existing Cooperation Agreement will promote the public health, safety and welfare by enabling the City and County to participate in the U .S . Department of Housing and Urban Development's Urban County entitlement program, thus making available funds for a variety of housing, economic development, and public services programs not otherwise possible or available. 3. The City and County intend to enter into sub - recipient agreements that will establish .... 0 0 Resolution No. 9998 (2008 Series) Page 2 administrative policies and procedures, performance standards and funding schedules, project descriptions and funding, and guidelines for funding specific grant programs and projects . 4. The Cooperation Agreement is not a "project" for purposes of compliance with the provisions of the California Environmental Quality Act and the City's Environmental Guidelines, and is therefore, exempt from environmental review. SECTION 2. City Administrative Officer authorized to act for City. The City's Administrative Officer is hereby authorized to act on behalf of the City in connection with the implementation of the agreement, on -going operation of the Community Development Block Grant Program, and all other activities necessary to carry out the intent of the agreement and amendments thereto . Upon motion of Council Member Settle, seconded by Council Member Mulholland, and on the following vote: AYES: Council Members Carter, Mulholland and Settle, Vice Mayor Brown and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 17`h day of June 2008. Mayor David F. Romero ATTEST: (dl Audrey Ho er City Cl, APPROVED AS TO FORM: J nathan well Ci y ttorney CG RESOLUTION NO. 9997 (2008 Series) A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO ADDING PROPERTY LOCATED AT 748 AND 750 PISMO STREET TO THE MASTER LIST OF HISTORIC RESOURCES WHEREAS, in 1983 the City Council adopted Resolution No. 5197 establishing the "Master List of Historic Resources ", and in 1986 adopted Resolution No. 6097 establishing historical preservation program guidelines, including procedures for adding properties to the listing; and WHEREAS, as provided by adopted procedures, the Cultural Heritage Committee held a public hearing on April 28, 2008 to consider a request by property owner, Robin Rossi, Rossi Living Trust, to add said property to the Master List of Historic Resources; and WHEREAS, said property was being considered for historic status, in part, because of its architectural style and design, and historic importance in San Luis Obispo; and WHEREAS, at said meeting, the Cultural Heritage Committee reviewed the historical documentation on the property and recommended that the City Council add the property to the Master List; and WHEREAS, this City Council considered this recommendation during an advertised public hearing on June 20, 2008, pursuant to Historic Preservation Guidelines established by Council Resolution No. 6157 (1987 Series). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo based on the Cultural Heritage Committee's recommendation, documentation for the property on file in the Community Development Department, public testimony, the staff report, and on the City's Historical Preservation Program Guidelines, as follows: SECTION 1. Findings. The building located at 748 and 750 Pismo Street meets the Historic Preservation Program Guidelines for historic listing as a Master List Property based on findings of conformance with architectural and historical criteria. SECTION 2. Addition to Master List of Historic Resources. The property and buildings located at 748 and 750 Pismo Street, to be known as "the Old Fire station Building ", are hereby added to the Master List of Historic Resources, based on historic documentation on file in the Community Development Department, as described in Exhibit A. SECTION 3. Environmental Determination. The City Council has determined that the above action does not constitute a project, as defined by Section 15378 of the California Environmental Quality Act and is exempt from environmental review. R 9997 O SECTION 4. Publish Revised Master List of Historic Resources. The Community Development Director is hereby directed to amend the Master List of Historic Resources to include the property listed above and to publish a revised Inventory of Historic Resources for public distribution. SECTION 5. Recording of Historic Properties. The Community Development Director is hereby directed to record the property's historic designation with the County Recorder, pursuant to State Law. Upon motion of Council Member Settle, seconded by Council Member Mulholland, and on the following vote: AYES: Council Members Carter, Mulholland, Settle, Vice Mayor Brown and Mayor Romero NOES: None ABSENT: None The foregoing Resolution was adopted this 17`s day of June 2008. David F. Romero ATTEST: Audrey Roo tity Cl k APPROVED: J th well, City Attorney Exhibit A: Legal Description of Historic Property R 9997 C� N EXHIBIT A LEGAL DESCRIPTION OF HISTORIC PROPERTY Following is a legal description of the property added to the City of San Luis Obispo's Master List of Historic Resources, by City Council Resolution No. 9997 (2008 Series): 1. 748 & 750 Pismo Street. (Old Fire Station Building) City of San Luis Obispo, Murry & Church's Addition, Block 88, Portion of Lots 7, 8, & 9 (Assessor's Parcel Number (APN#) 003 - 524 -014). Owner. Robin Rossi Living Trust. R 9997 C. O RESOLUTION NO. 9996 (2008 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 STEPHEN LINDER AND CYNTHIA SEMEL, OWNERS OF A DESIGNATED HISTORIC RESOURCE AT 1429 OSOS 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. 9136 (2000 Series), establishing the Mills Act Historic Property Tax Incentive Program as an on -going historic preservation program to promote the. preservation, maintenance and rehabilitation of historic resources through financial incentives; and WHEREAS, the owners possess fee title in and to that certain qualified real property, together with associated structures and improvements thereon, located on Assessor's Parcel Number 003 -541 -012, located at 1429 Osos Street, San Luis Obispo, California 93401, also described as the Frank Campbell Mitchell House, (hereinafter referred to as the "historic property"); and WHEREAS, the City Council of the City of San Luis Obispo has designated this property as an historic resource of the City of San Luis Obispo pursuant to the policies in the City's Historic Preservation Program Guidelines; and WHEREAS, the City and owners, for their mutual benefit, now desire to enter into this agreement to limit the use of the property to prevent inappropriate alterations and to ensure that character- defining features are preserved and maintained in an exemplary manner, and repairs and/or improvements are completed as necessary to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 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; and WHEREAS, as provided by adopted procedures, the Cultural Heritage Committee held a public hearing on May 27, 2008 to consider a request by Stephen Linder and Cynthia Seine], owners of 1429 Osos Street; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo based on the Cultural Heritage Committee's recommendation, documentation for the property on file in the Community Development Department, public testimony, the staff report, and on the City's Historical Preservation Program Guidelines, the following: Resolution No. 9996 (2008 Series) Page 2 SECTION 1. Findings. 1. Conservation and Open Space Element program 3.6.2 indicates the City will participate in financial assistance programs such as property tax reduction programs that encourage maintenance and restoration of historic properties. 2. The Frank Campbell Mitchell House, located at 1429 Osos Street, has been recognized as a historic asset in the community by its designation as a Master List Historic Property. As such, maintaining the structure will meet the City's goals for historic preservation listed in policies 3.3.1 through 3.3.5 of the Conservation and Open Space Element. SECTION 2. Historic Preservation Agreement approved. The City Council hereby approves the attached historic preservation agreement between the City of San Luis Obispo and the owners, Attachment 1. SECTION 3. 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 4. Environmental Determination. The City Council has determined that the above actions do not constitute a project, as defined by Section 15378 of the California Environmental Quality Act and are exempt from environmental review. SECTION 5. Recordation of the Agreement. No later than twenty (20) days after the parties execute and enter into said agreement, the City Clerk shall cause this agreement to be recorded in the Office of the County Recorder of the County of San Luis Obispo. Upon motion of Council Member Settle, seconded by Council Member Mulholland, and on the following roll call vote: AYES: Council Members Carter, Mulholland and Settle, Vice Mayor Brown and Mayor Romero NOES: None ABSENT: None c (3 Resolution No. 9996 (2008 Series) Page 3 The foregoing resolution was adopted this 17`x' day of June 2008. r�yo�rDWav;ird�f ATTEST: APPROVED: Jon an P. well City A rney 0 0 HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE OWNERS OF HISTORIC PROPERTY LOCATED AT 1429 OSOS STREET, IN THE CITY AND COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA. THIS AGREEMENT is made and entered into this 2008 day of � , by and between the City of San Luis Obispo, a municipal corporation (hereinafter referred to as the "City "), and Stephen Linder and Cynthia Semel (hereinafter referred to as "Owners "), and collectively referred to as the "pies." Section 1. Description of Preservation Measures. The owners, their heirs, or assigns hereby agree to undertake and complete, at their expense, the preservation, maintenance, and improvements measures described in "Exhibit A" attached hereto. Section 2. Effective Date and Term of Agreement. This agreement shall be effective and commence upon recordation and shall remain in effect for an initial term of ten (10) years thereafter. Each year upon the anniversary of the agreement's effective date, such initial term will automatically be extended as provided in California Government Code Section 50280 through 50290 and in Section 3, below. Section 3. Agreement Renewal and Non - renewal. a. Each year on the anniversary of the effective date of this agreement (hereinafter referred to as "annual renewal date "), a year shall automatically be added to the initial term of this agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desires in any year not to renew the agreement, the Owner or the City shall serve written notice of nonrenewal of the agreement on heo other annual renewal notice is served by the Owner to the City at least ninety (90) days prior served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the agreement as provided herein. c. The Owner may make a written protest of the notice. The City may, at any time prior to the annual renewal date, withdraw its notice to the Owner of nonrenewal. d. If either the City or the Owner serves notice to the other party of nonrenewal in any year, the agreement shall remain in effect for the balance of the term then remaining. Section 4. Standards and Conditions. During the term of this agreement, the historic property shall be subject to the following conditions: a. Owner agrees to preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features, including: the building's general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings; interior architectural elements that are integral to the building's historic character or significance; exterior materials, coatings, textures, details, mass, roof line, porch, and other aspects of the appearance of the building's exterior, as described in Exhibit A, to the satisfaction of the Community Development Director or his designee. o 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 file work, or architectural ornamentation to the greatest extent possible. d. The Community Development Director shall be notified by the Owner of changes to character - defining exterior features prior to their execution, such as major landscaping projects and tree removals, exterior door or window replacement, repainting, remodeling, or other exterior alterations requiring a building permit. The Owner agrees to secure all necessary City approvals and/or permits prior to changing the building's use or commencing construction work. e. Owner agrees that property tax savings resulting from this agreement shall be used for property maintenance and improvements as described in Exhibit A. f. The following are prohibited: demolition or partial demolition of the historic building or accessory buildings; exterior alterations or additions not in keeping with the standards listed above; dilapidated, deteriorating, or unrepaired structures such as fences, roofs, doors, walls, windows; outdoor storage of junk, trash, debris, appliances, or furniture visible from a public way; or any device, decoration, structure, or vegetation which is unsightly due to lack of maintenance or because such feature adversely affects, or is visually incompatible with, the property's recognized historic character, significance, and design as determined by the Community Development Director. g. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the historic property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City as may be necessary to determine the owners' compliance with the terms and provisions of this agreement. Section 5. Furnishing of Information. The Owner hereby agrees to furnish any and all information requested by the City which may be necessary or advisable to determine compliance with the terms and provisions of this agreement. Section 6. Cancellation. a. The City, following a duly - noticed public hearing by the City Council as set forth in Government Code Section 50285, may cancel this agreement if it determines that the Owner has breached any of the conditions of this agreement or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historic property; or if the City determines that the Owner has failed to preserve, maintain, or rehabilitate the property in the manner specified in Section 4 of this agreement. If a contract is cancelled because of failure of the Owner to preserve, maintain, and rehabilitate the historic property as specified above, the Owner shall pay a cancellation fee to the State Controller as set forth in Government Code Section 50286, which 0 0 states that the fee shall be 12 'h% 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 cancelled and no fee imposed, as specified in Government Code Section 50288. Section 7. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the agreement. In the event of a default, under the provisions to cancel the agreement by the Owner, the City shall give written notice of violation to the Owner by registered or certified mail addressed to the address stated in this agreement. If such a violation is not corrected to the reasonable satisfaction of the Community Development Director or designee within thirty (30) days thereafter; or if not corrected within such a reasonable time as may be required to cure the breach or default of said breach; or if the default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner); then the City may, without further notice, declare a default under the terms of this agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this agreement, apply to any court, state or federal, for injunctive relief against any violation by the owners or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this agreement. All other remedies at law or in equity which are not otherwise provided for in this agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach or default under this agreement. No waiver by the City of any breach or default under this agreement shall be deemed to be a waiver of any other subsequent breach thereof or default herein under. c. By mutual agreement, City and Owner may enter into mediation or binding arbitration to resolve disputes or grievances growing out of this contract. Section 8. Binding Effect of Agreement. The Owner hereby subjects the historic property located at 1429 Osos 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. o c To City: Community Development Director City of San Luis Obispo 919 Palm Street San Luis Obispo, CA 93401 To Owners: Stephen Linder Cynthia Semel 1429 Osos Street San Luis Obispo, CA 93401 Section 10. General Provisions. a. None of the terms, provisions, or conditions of this agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or from claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or activities of the Owner, or from those of their contractor, subcontractor, agent, employee, or other person acting on the Owner's behalf which relates to the use, operation, maintenance, or improvement of the historic property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all claims or actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the historic property, excepting however any such claims or actions which are the result of the sole negligence or willful misconduct of City, its officers, agents, or employees. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications, or other documents for the historic property. d. All of the agreements, rights, covenants, reservations, and restrictions contained in this agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the historic property, whether by operation of law or in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be affected thereby. -I W' 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. Section 12. Recordation and Fees. No later than twenty (20) days after the patties execute and enter into this agreement, the City shall cause this agreement to be recorded in the office of the County Recorder of the County of San Luis Obispo. Participation in the program shall be at no cost to the Owner; however the City may charge reasonable and necessary fees to recover direct costs of executing, recording, and administering the historical property contracts. IN WITNESS WHEREOF, the City and Owners have executed this agreement on the day and year written above. CITY OF SAN LUISSOOOBBISPO Mayor David F. Romero OWNERS Stephen Linder Cynthia mel STA OF CALIFORNIA COUNT OF SAN LUI OBh On th day of and for said St e, personally a' the City of San s Obispo, a of California. ) ss. 3j" F -/4c-8 Date -T Date Date 2008, before me, the %ndersigned, a Notary Public in to me to be the mayor of corporation xisting and orgarider the laws of the State my hand and official seal. G U STATE OF CALIFORNIA ) )ss COUNTY OF SAN LUIS OBISPO ) On August 14.2008, before me Audrey Hoover, City Clerk, personally appeared David F. Romero, Mayor, CITY OF AN LUIS OBISPO, who proved to me on the basis of satisfactory evidence to be the person(ywhose namejk is/are subscribed to the within instrument and acknowledged to me that he/shefthe executed the same in hiseii authorized capacity and that by his/herftheir signatureWon the instrument the person;(), or the entity upon behalf of which the personyacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature uty C k V ' CALIFORNIA ACKNOWLEDGMENT State of California County of Saf, L� 5 On DS -DS —O, Date personally appeared O r Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) jsr'are subscribed to the within instrument and acknowledged to me that j /,she'tthey executed the same in Ipws efltheir authorized capacity(ies), and that by jp�tlheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. I Signature `L Signature of Notffiy 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: >=� ti' E i A iy� ' tku,« `c 4- Z' O OVA „' n r AI Document Date: la G .9 Number of Pages: r ;t-Aue t; c>t tcu lec�nL. Signer(s) Other Than Named Above: �- Capacity(ies) Claimed by Sign Ier(s) Signer's Name: ST� r e- 3 Individual ❑ Corporate Officer — Tdle(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact Top of thumb here ❑ Trustee - ❑ Guardian or Conservator ❑ Other: Signer Is Representing: SP lE Signers Name: Cif t't�6U S�r1'te - Individual J Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 5e-1 RAN Top of thumb here t C MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY LOCATED AT 1429 OSOS 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 1429 Osos Street. Character - defining features shall include, but are not limited to: roof, eaves, dormers, trim, porches, walls and siding, architectural detailing, doors and windows, window screens and shutters, balustrades and railings, foundations, and surface treatments. 2. Owner agrees to make the following improvements and/or repairs during the term of this contract but in no case later than ten (10) years from the contract date. All changes or repairs shall be consistent with the City's Historic Preservation Program Guidelines and the Secretary of the Interior's Standards for the Treatment of Historic Properties: a. Add landscaping on south wall in rear yard. b. Repair or replace fence on shared property line with adjacent neighbor. c. Plant landscaping in alley way on the side of the garage. d. Improve front yard gardens. e. Install irrigation system. f. Install new gates at the side and rear entrances to the property. g. Replace exterior lighting with period light fixtures, to the approval of the Community Development Director. h. Install new arbor feature in alley way on the side of the garage. i. Clean and maintain roof tiles and exterior fagade. j. Safety pruning of tree in street yard. k. Continue a high level of maintenance to the house's exterior and grounds, as evidenced by periodic repainting and repair or replacement of site features, such as fencing, walls, lighting, or other historic site features. Daie b Date