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HomeMy WebLinkAbout05-21-2019 Item 12 - 1815 Monterey St Monday Club - Mills Act Historical Property Contract Department Name: Community Development Cost Center: 4004 For Agenda of: May 21, 2019 Placement: Consent Estimated Time: N/A FROM: Michael Codron, Community Development Director Prepared By: Walter Oetzell, Assistant Planner SUBJECT: REVIEW OF A MILLS ACT HISTORICAL PROPERTY CONTRACT FOR THE MONDAY CLUB (A MASTER LIST RESOURCE) RECOMMENDATION As recommended by the Cultural Heritage Committee, adopt a resolution (Attachment A) approving a Historic Property Preservation Agreement between the City and the owners of the Monday Club at 1815 Monterey Street, under the terms described in the draft agreement (Attachment B). DISCUSSION The owner of the Monday Club 1815 Monterey Street submitted an application to enter into a Mills Act historical property contract with the City. The Monday Club is described in City records1 as a composite of Classical and California (Mediterranean) detailing and was built in 1932. The Monday Club was designated as a Master List Resource in 1983, on completion of the City’s first historic resources survey, noted for its association with Julia Morgan, the chief architect, and with the Monday Club, a women’s group formed in 1925, dedicated to civic welfare and historical preservation, and influential in San Luis Obispo County. It was added to the National Register of Historic Places in May 2016.2 1 Community Development Department historic property record (“yellow file”) for 1815 Monterey 2 U.S. Department of the Interior, National Park Service website [Online: www.nps.gov/nr/feature/places/16000230.htm], accessed March 12, 2019 Figure 1: The Monday Club Packet Pg. 83 Item 12 Proposed Improvements Several improvements and maintenance items are identified by the applicant for completion under the proposed contract. Items relevant to preservation of the property are included in Exhibit A of the proposed contract (Attachment B), and are summarized below: 1. Removal of non-historic (1960’s) portico on Andrews Street building elevation 2. Replacement of window awnings along Andrews Street building elevation with historically appropriate awnings 3. Replacement of existing boiler (mechanical system) 4. Replacement of deteriorated wiring and electrical panels (electrical system) 5. Replacement of landscaping with water-efficient landscaping, using native and Mediterranean plant types including, where practical, plant types from the original garden plant list 6. Restoration of an unobstructed view of the Andrews Street building elevation, by relocation of parking spaces and creation of a drop-off area Policy Context The Mills Act Program The Mills Act Program enables California cities to enter into contracts with owners of historical properties to provide them with property tax relief in exchange for an agreement to actively participate in the restoration and maintenance of historical r esources. A Mills Act contract is effective for an initial 10-year period, and then is automatically extended annually for an additional year. After the initial term, either the City, or the owner, may, by written notice, decide not to renew the contract. During the effective term of the contract, the property owner must improve or rehabilitate the property, maintain the property consistent with the Secretary of the Interior’s Standards, and provide visibility of the historical resource from the public right-of- way. The Conservation and Open Space Element (COSE) of the General Plan describes the City’s goals and policies for the protection of cultural resources. It is the City’s policy that significant historic resources be rehabilitated and preserved (COSE § 3.3). Participation in the Mills Act Program is one of the means by which the City encourages the maintenance and restoration of historic properties (COSE § 3.6.2). A property must be on the City’s Master List of Historic Resources in order to be enrolled in the program. Currently there are 59 properties participating in the program, with the last request approved by the Council in January 2019. Public Engagement Notification regarding consideration of this item by the City Council was provided to owners and occupants of property within 300 feet of the subject site. Packet Pg. 84 Item 12 CONCURRENCE The Cultural Heritage Committee reviewed the application and the terms of the draft contract at a public hearing on March 25, 2019. The Committee, by a vote of 7-0, recommended that the Council approve the contract. ENVIRONMENTAL REVIEW Entering into a “Mills Act Contract” with the owners of historical property is not subject to the provisions of the California Environmental Quality Act (CEQA) because it is not a project as defined in CEQA Guidelines § 15378 (Definitions – Project). Implementation of the Mills Act is a government fiscal activity which does not involve commitment to any specific project resulting in a potentially significant physical impact on the environment (Guidelines § 15378 (b) (4)). FISCAL IMPACT Budgeted: N/A Budget Year: 2018-19 Funding Identified: N/A Fiscal Analysis: After the contract is executed, the County Assessor values the property by an income capitalization method, following guidelines provided by the State Board of Equalization. Because of the timing and the method of valuing the restricted property, it is difficult to accurately estimate the property owner’s tax savings and resulting fiscal impacts to the City under a particular historical property contract. However, the Office of Historic Preservation (California Department of Parks and Recreation) estimates that property owners participating in the program may realize property tax savings of between 40% and 60% each year for newly improved or purchased older properties. ALTERNATIVES 1. Continue consideration of the request to a future date for additional analysis or research. 2. Do not enter into a Mills Act Historical Property Contract with the property owner. This alternative is not recommended. The contract provides a tax relief incentive that is a tool for achieving the City’s goals for historical preservation. Attachments: a - Council Resolution (Draft) b - Historical Property Contract (Draft) Packet Pg. 85 Item 12 RESOLUTION NO. ____ (2019 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, APPROVING A HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY AND THE OWNER OF THE MONDAY CLUB AT 1815 MONTEREY STREET (APPLICATION NO. HIST-2034-2019) WHEREAS, the City Council of the City of San Luis Obispo is authorized by California Government Code § 50280 et seq. (known as “the Mills Act”) to enter into contracts with the owners of qualified historical properties to provide for appropriate use, maintenance, and rehabilitation such that these historic properties retain their historic characteristics; and WHEREAS, the City Council has adopted Resolution No. 9136 (2000 Series), establishing the Mills Act Historic Property Tax Incentive Program as an on-going historic preservation program to promote the preservation, maintenance and rehabilitation of historic resources through financial incentives; and WHEREAS, the City Council of the City of San Luis Obispo has designated this property as a historic resource of the City of San Luis Obispo pursuant to the policies in the City’s Historic Preservation Program Guidelines; and WHEREAS, The Monday Clubhouse Conservancy (“Owner”) is the owner of that certain qualified real property, together with associated structures and improvement thereon, located on Assessor’s Parcel Number 001-152-001, located at 1815 Monterey Street, in the City of San Luis Obispo, California, also described as the Monday Club; and WHEREAS, the City and Owner, for their mutual benefit, now desire to enter into an 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 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. WHEREAS, the Cultural Heritage Committee of the City of San Luis Obispo conducted a public hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis Obispo, California, on March 25, 2019 for the purpose of reviewing the proposed historic property preservation agreement, and recommended that the City enter into the agreement; and WHEREAS, the City Council conducted a public hearing in the Council Chamber at 990 Palm Street, San Luis Obispo, California, on May 21, 2019 for the purpose of considering approval of the historic property preservation agreement, and has duly considered all evidence, including the record of the Cultural Heritage Committee hearing and recommendation, testimony of the applicant and interested parties, and the evaluation and recommendation by staff, present at said hearing; and Packet Pg. 86 Item 12 Resolution No. ____ (2019 Series) WHEREAS, notices of said public hearings were made at the time and in the manner required by law. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. Based upon all the evidence, the City Council makes the following findings: 1. Conservation and Open Space Element Program 3.6.2 states that the City will participate in financial assistance programs such as property tax reduction programs that encourage maintenance and restoration of historic properties. 2. The Monday Club, located at 1815 Monterey Street, has been recognized as a historic asset in the community by its designation as a Master List Historic Property by the City Council on August 16, 1983 (Resolution 5197). 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. Environmental Determination. The City Council has determined that the above actions do not constitute a project, as defined in California Environmental Quality Act Guidelines § 15378 and are not subject to environmental review. SECTION 3. Historic Property Preservation Agreement Approved. The City Council hereby approves the “Historic Property Preservation Agreement between the City of San Luis Obispo and the Owner of the Historic Property Located at 1815 Monterey Street,” to be entered into by the City and the property owner, The Monday Clubhouse Conservancy. SECTION 4. Community Development Director Authorized to Sign Agreement for City. The City Council hereby authorizes the Community Development Director to execute said agreement on behalf of the Council of the City of San Luis Obispo. SECTION 5. Recordation of the Agreement. No later than twenty (20) days after the parties enter into said agreement, the City Clerk shall cause the agreement to be recorded in the Office of the County Recorder of the County of San Luis Obispo. On motion of Council Member ___________, seconded by Council Member __________, and on the following roll call vote: AYES: NOES: REFRAIN: ABSENT: Packet Pg. 87 Item 12 Resolution No. ____ (2019 Series) The foregoing resolution was passed and adopted this 21st day of May, 2019. ____________________________________ Mayor Heidi Harmon ATTEST: ____________________________________ Teresa Purrington City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this ______ day of ______________, 2019. ____________________________________ Teresa Purrington, City Clerk Packet Pg. 88 Item 12 HISTORICAL PROPERTY CONTRACT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE OWNER OF THE HISTORIC PROPERTY LOCATED AT 1815 MONTEREY STREET, IN THE CITY OF SAN LUIS OBISPO, SAN LUIS OBISPO COUNTY, STATE OF CALIFORNIA. THIS AGREEMENT is made and entered into this ________ day of ________ , 2019, by and between the City of San Luis Obispo, a municipal corporation (hereinafter referred to as the “City”), and The Monday Clubhouse Conservancy, a domestic non-profit (hereinafter referred to as “Owner”), and collectively referred to as the “parties.” WHEREAS, Owner is the owner of that certain real property commonly known as 1815 Monterey Street (APN 001-152-001), and legally described as shown in the attached “Exhibit B” (“Owner’s Property”); and WHEREAS, Owner has agreed to enter into an Historical Property Contract with the City for the preservation, maintenance, restoration, or rehabilitation of Owner’s Property, an historic resource within the City; NOW, THEREFORE, in consideration of the above recitals and in further consideration of the mutual benefits, promises, and agreements set out herein, the parties agree as follows: Section 1. Description of Preservation Measures. The Owner, his heirs, or assigns hereby agree to undertake and complete, at his 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 50 280 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 non-renewal is served as provided herein. b. If the Owner or the City desire in any year not to renew the agreement, the Owner or the City shall serve written notice of non-renewal 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. Packet Pg. 89 Item 12 Historical Property Contract 1815 Monterey Street Page 2 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 non-renewal. d. If either the City or the Owner serves notice to the other party of non-renewal 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 building and its character-defining features, including: the building’s general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings; interior architectural elements that are integral to the building’s historic character or significance; exterior materials, coatings, textures, details, mass, roof line, porch, and other aspects of the appearance of the building’s exterior, as described in Exhibit A, to the satisfaction of the Community Development Director or his designee. b. All building changes shall comply with applicable City specific plans, City regulations and guidelines, and conform to the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, namely the U.S. Secretary of the Interior’s Standards for Rehabilitation and Standards and Guidelines for Historic Preservation Projects. Interior remodeling shall retain original, character-defining architectural features such as oak and mahogany details, pillars and arches, special tile work, or architectural ornamentation to the greatest extent possible. c. 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. d. Owner agrees that property tax savings resulting from this agreement shall be used for property maintenance and improvements as described in Exhibit A. e. The following are prohibited: demolition or partial demolition of the historic building; 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 Packet Pg. 90 Item 12 Historical Property Contract 1815 Monterey Street Page 3 historic character, significance, and design as determined by the Community Development Director. f. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the historic property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City as may be necessary to determine the owner’s compliance with the terms and provisions of this agreement. Section 5. Furnishing of Information. The Owner hereby agrees to furnish any and all information requested by the City which may be necessary or advisable to determine compliance with the terms and provisions of this agreement. Section 6. Cancellation. a. The City, following a duly-noticed public hearing by the City Council as set forth in Government Code Section 50285, may cancel this agreement if it determines that the Owner has breached any of the conditions of this agreement or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historic property; or if the City determines that the Owner has failed to preserve, maintain, or rehabilitate the property in the manner specified in Section 4 of this agreement. If a contract is cancelled because of failure of the Owner to preserve, maintain, and rehabilitate the historic property as specified above, the Owner shall pay a cancellation fee to the State Controller as set forth in Government Code Section 50286, which states that the fee shall be 12 ½% 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 building 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); Packet Pg. 91 Item 12 Historical Property Contract 1815 Monterey Street Page 4 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. 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 building located at 1815 Monterey Street, San Luis Obispo, California, Assessor’s Parcel Number 001-152-001, 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 agreem ent 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 Owner: The Monday Clubhouse Conservancy PO Box 167 San Luis Obispo CA 93406 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 Packet Pg. 92 Item 12 Historical Property Contract 1815 Monterey Street Page 5 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 his contractor, subcontractor, agent, employee, or other person acting on the Owner’s behalf which relates to the use, operation, maintenance, or improvement of the historic property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all claims or actions for damages caused by, or alleged to have been caused by, reason of the Owner’s activities in connection with the historic property, excepting however any such claims or actions which are the result of the sole negligence or willful misconduct of City, its officers, agents, or employees. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications, or other documents for the historic property. d. All of the agreements, rights, covenants, reservations, and restrictions contained in this agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the historic property, whether by operation of law or in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney’s fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be affected thereby. g. This agreement shall be construed and governed in accordance with the laws of the State of California. Section 11. Amendments. This agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. Packet Pg. 93 Item 12 Historical Property Contract 1815 Monterey Street Page 6 Section 12. Recordation and Fees. No later than twenty (20) days after the parties 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 Owner have executed this agreement on the day and year written above. THE MONDAY CLUBHOUSE CONSERVANCY ____________________________________ ______________________________ Jennifer Alderman, President Date CITY OF SAN LUIS OBISPO ____________________________________ ______________________________ Mayor Heidi Harmon Date ALL SIGNATURES ABOVE MUST BE NOTARIZED Pursuant to authority conferred by Resolution No. __________(2019 Series) ATTEST: ______________________________ Teresa Purrington City Clerk APPROVED AS TO FORM: ______________________________ J. Christine Dietrick City Attorney Packet Pg. 94 Item 12 Historical Property Contract 1815 Monterey Street Page 7 EXHIBIT “A” MAINTENANCE AND IMPROVEMENT MEASURES FOR THE MONDAY CLUB LOCATED AT 1815 MONTEREY 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 1815 Monterey 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. 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 Ordinance and the Secretary of the Interior’s Standards for the Treatment of Historic Properties: ▪ Removal of non-historic (1960’s) portico on Andrews Street building elevation ▪ Replacement of window awnings along Andrews Street building elevation with historically-appropriate awnings ▪ Replacement of existing boiler (mechanical system) ▪ Replacement of deteriorated wiring and electrical panels (electrical system) ▪ Replacement of landscaping with water-efficient landscaping, using native and Mediterranean plant types including, where practical, platy types from the original garden plant list ▪ Restoration of an unobstructed view of the Andrews Street building elevation, by relocation of parking spaces and creation of a drop-off area Packet Pg. 95 Item 12 Historical Property Contract 1815 Monterey Street Page 8 EXHIBIT “B” Legal Description For APN/Parcel ID(s): 001-152-001 All that certain lot or parcel of land situated in the City of San Luis Obispo, County of San Luis Obispo, State of California, described as follows: All that part of the Southeast quarter of the Northeast quarter of Section 26 in Township 30 South, Range 12 East, Mount Diablo Meridian, described as beginning at the East corner of Monterey and Andrews Streets, in said City, and running thence North 41 ½ degrees East, along the Southeasterly line of Monterey Street, 91.14 feet to the line of the lot conveyed by John H. Leu and Minnie Lea Leu, his wife, to Alexander Irvine and Harriet Irvine, his wife, by deed dated October 19th, 1921, and recorded in the office of the County Recorder of the County of San Luis Obispo, in Book 149 of Deeds, at page 8 and following; thence leaving of said line of said Street, and running South 63 ¼ degrees East, along the Westerly line of the lot so conveyed as aforesaid, 477.84 feet to the center of San Luis Obispo Creek; thence South 41 ¼ degrees West down the center of Said Creek, 87.36 feet to the Northeasterly line of Andrews Street; thence North 63 ¾ degrees West, along said line, 477.84 feet to the point of beginning.. Packet Pg. 96 Item 12 Historical Property Contract 1815 Monterey Street Page 9 State of California } County of San Luis Obispo } On________________, before me __________________________________________, Date Name and Title of the Officer personally appeared, _____________________________________________________, Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature __________________________________ Signature of Notary Public Place Notary Seal Above State of California } County of San Luis Obispo } On________________, before me __________________________________________, Date Name and Title of the Officer personally appeared, _____________________________________________________, Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature __________________________________ Signature of Notary Public Place Notary Seal Above A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. Packet Pg. 97 Item 12 Page intentionally left blank. Packet Pg. 98 Item 12 1010 Marsh St., San Luis Obispo, CA 93401 (805) 546-8208 + FAX (805) 546-8641 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of San Luis Obispo, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party interested in the above entitled matter. I am the principal clerk of the printer of the New Thnes, a newspaper of general circulation, printed and published weekly in the City of San Luis Obispo, County of San Luis Obispo, and which has been adjudged a newspaper of general circulation by the Superior Court of the County of San Luis Obispo, State of California, under the date of February 5, 1993, Case number CV72789: that notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: Aet v}• 0l ,in the year 2019. I certify (or declare) under the the penalty of perjury that the foregoing is true and correct. Dated at San Luis Obispo, California, this day Q nl' a VV 2019. G Patricia Horton, New Times Legals Admin & P-omd+•NTNG Ad'A, WN IG Offi,,d3l ISI NI -IS SWIM is Noli... Pnror or Pub Proof of Publication of RECEIVED MAY 13 2010 SLC CITY CLERK SAN LUIS OBISPO CITY COUNCIL NOTICE OF PUBLIC MEETING The San Luis Obispo City Council invites all interested persons to attend a public meeting on Tuesday, May 21, 2019, at 6:00 p.m. in the City Hall Council Chamber, 990 Palm Street, San Luis Obispb, California, relative to the following: Adopt a Resolution entitled, "A Resolution of the City Council of the City of San Luis Obispo approving a historic property preservation agreement between the City and the owner of the Monday Club at 1015 Monterey Street" For more information, you are invited to contact Walter Oetzell ofthe City's Community Development Department at (805) 781-7593 or by email at woetzell®slocity.org Reports for this meeting will be available for review in the City Clerk's Office and online at www.slocity.org on Wednesday, May 15, 2019. Please call the City Clerk's Office at (805) 781-7100 for more information. The City Council meeting will be televised live on Charter Cable Channel 20 and live streaming on www.slocity.org. Teresa Purrington, City Clerk City of San Luis Obispo May 9, 2019