HomeMy WebLinkAbout9980-100120 0
RESOLUTION NO. 10012 (2008 Series)
A RESOLUTION APPROVING AN HISTORIC PROPERTY PRESERVATION
AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND MICHAEL AND
SHARON SINGLETON, OWNERS OF A DESIGNATED HISTORIC RESOURCE AT 1052
ISLAY STREET, IN SAN LUIS OBISPO
WHEREAS, the City Council of the City of San Luis Obispo is authorized by California
Government Code Section 50280 et seq. (known as "the Mills Act ") to enter into contracts with the
owners of qualified historical properties to provide for appropriate use, maintenance, and
rehabilitation such that these historic properties retain their historic characteristics; and
WHEREAS, the City Council has adopted Resolution No. 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 -544 -016, located at 1052 Islay Street, San Luis Obispo, California 93401, also described as the
Kaufman 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. seq. of the Revenue and
Taxation Code; and
WHEREAS, as provided by adopted procedures, the Cultural Heritage Committee held a
public hearing on July 28, 2008 to consider a request by Michael and Sharon Singleton, owners of
1052 Islay Street; and
WHEREAS, the City Council has considered the Cultural Heritage Committee's
recommendation, documentation for the property on file in the Community Development
Department, public testimony, the staff report, and the City's Historical Preservation Program
Guidelines.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
R 10012
O G
Resolution No. 10012 (2008 Series)
Page 2
SECTION 1. Findings. The City Council makes the following 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 Kaufman House, located at 1052 Islay 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.
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 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
R 10012
Resolution No. 10012 (2008 Series)
Page 3
the foregoing Resolution was adopted this 2nd day of September 2008.
Mayor David F. Romero
A EST:
II(AlYA11-1 41'-���
Audrey Hoop , City C erk
APPROV AS TO FORM:
c
Jo than Lowell, City Attorney
O
R 10012
HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN
LUIS OBISPO AND THE OWNERS OF HISTORIC PROPERTY LOCATED AT 1052 ISLAY
STREET, IN THE CITY AND COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA.
THIS AGREEMENT is made and entered into this II+-I day of �s-�— , 2008, by and between
the City of San Luis Obispo, a municipal corporation (hereinafter referred to as the "City "), and Michael
and Sharon Singleton (hereinafter referred to as "Owners "), and collectively referred to as the "parties."
Section 1. Description of Preservation Measures. The owners, their heirs, or assigns hereby agree to
undertake and complete, at their expense, the preservation, maintenance, and improvements measures
described in "Exhibit A" attached hereto.
Section 2. Effective Date and Term of Agreement. This agreement shall be effective and commence
upon recordation and shall remain in effect for an initial term of ten (10) years thereafter. Each year
upon the anniversary of the agreement's effective date, such initial term will automatically be extended
as provided in California Government Code Section 50280 through 50290 and in Section 3, below.
Section 3. Agreement Renewal and Non - renewal.
a. Each year on the anniversary of the effective date of this agreement (hereinafter referred to as
"annual renewal date "), a year shall automatically be added to the initial term of this agreement
unless written notice of nonrenewal is served as provided herein.
b. If the Owner or the City desires in any year not to renew the agreement, the Owner or the City
shall serve written notice of nonrenewal of the agreement on the other party. Unless such notice
is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or
served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1)
near shall automatically be added to the term of the agreement as provided herein.
c. The Owner may make a written protest of the notice. The City may, at any time prior to the
annual renewal date, withdraw its notice to the Owner of nonrenewal.
d. If either the City or the Owner serves notice to the other party of nonrenewal in any year, the
agreement shall remain in effect for the balance of the term then remaining.
Section 4. Standards and Conditions. During the term of this agreement, the historic property shall
be subject to the following conditions:
a. Owner agrees to preserve, maintain, and, where necessary, restore or rehabilitate the property
and its character- defining features, including: the building's general architectural form, style,
materials, design, scale, proportions, organization of windows, doors, and other openings;
interior architectural elements that are integral to the building's historic character or significance;
exterior materials, coatings, textures, details, mass, roof line, porch, and other aspects of the
appearance of the building's exterior, as described in Exhibit A, to the satisfaction of the
Community Development Director or his designee.
b. If the building's interior closely relates to the property's eligibility as a qualified historic
property, the Owner agrees to allow pre - arranged tours on a limited basis, to the approval of the
Community Development Director or his designee.
U
c. All building changes shall comply with applicable City specific plans, City regulations and
guidelines, and conform to the rules and regulations of the Office of Historic Preservation of the
California Department of Parks and Recreation, namely the U.S. Secretary of the Interior's
Standards for Rehabilitation and Standards and Guidelines for Historic Preservation Projects.
Interior remodeling shall retain original, character - defining architectural features such as oak and
mahogany details, pillars and arches, special tile work, or architectural ornamentation to the
greatest extent possible.
d. The Community Development Director shall be notified by the Owner of changes to character -
defining exterior features prior to their execution, such as major landscaping projects and tree
removals, exterior door or window replacement, repainting, remodeling, or other exterior
alterations requiring a building permit. The Owner agrees to secure all necessary City approvals
and/or permits prior to changing the building's use or commencing construction work.
e. Owner agrees that property tax savings resulting from this agreement shall be used for property
maintenance and improvements as described in Exhibit A.
f. The following are prohibited: demolition or partial demolition of the historic building or
accessory buildings; exterior alterations or additions not in keeping with the standards listed
above; dilapidated, deteriorating, or unrepaired structures such as fences, roofs, doors, walls,
windows; outdoor storage of junk, trash, debris, appliances, or furniture visible from a public
way; or any device, decoration, structure, or vegetation which is unsightly due to lack of
maintenance or because such feature adversely affects, or is visually incompatible with, the
property's recognized historic character, significance, and design as determined by the
Community Development Director.
g. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and
exterior of the historic property by representatives of the County Assessor, the State Department
of Parks and Recreation, the State Board of Equalization, and the City as may be necessary to
determine the owners' compliance with the terms and provisions of this agreement.
Section 5. Furnishing of Information. The Owner hereby agrees to furnish any and all information
requested by the City which may be necessary or advisable to determine compliance with the terms and
provisions of this agreement.
Section 6. Cancellation.
a. The City, following a duly- noticed public hearing by the City Council as set forth in Government
Code Section 50285, may cancel this agreement if it determines that the Owner has breached any
of the conditions of this agreement or has allowed the property to deteriorate to the point that it
no longer meets the standards for a qualified historic property; or if the City determines that the
Owner has failed to preserve, maintain, or rehabilitate the property in the manner specified in
Section 4 of this agreement. If a contract is cancelled because of failure of the Owner to
preserve, maintain, and rehabilitate the historic property as specified above, the Owner shall pay
a cancellation fee to the State Controller as set forth in Government Code Section 50286, which
states that the fee shall be 12 /z% of the full value of the property at the time of cancellation
without regard to any restriction imposed with this agreement.
0 0
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
1052 Islay 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
U O
To Owners: Michael and Sharon Singleton
1052 Islay Street
San Luis Obispo, CA 93401
Section 10. General Provisions.
a. None of the terms, provisions, or conditions of this agreement shall be deemed to create a
partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall
such terms, provisions, or conditions cause them to be considered joint ventures or members of
any joint enterprise.
b. The Owner agrees to hold the City and its elected and appointed officials, officers, agents, and
employees harmless from liability for damage or from claims for damage for personal injuries,
including death, and claims for property damage which may arise from the direct or indirect use
or activities of the Owner, or from those of their contractor, subcontractor, agent, employee, or
other person acting on the Owner's behalf which relates to the use, operation, maintenance, or
improvement of the historic property. The Owner hereby agrees to and shall defend the City and
its elected and appointed officials, officers, agents, and employees with respect to any and all
claims or actions for damages caused by, or alleged to have been caused by, reason of the
Owner's activities in connection with the historic property, excepting however any such claims
or actions which are the result of the sole negligence or willful misconduct of City, its officers,
agents, or employees.
c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged
to have been suffered, and costs of defense incurred, by reason of the operations referred to in
this agreement regardless of whether or not the City prepared, supplied, or approved the plans,
specifications, or other documents for the historic property.
d. All of the agreements, rights, covenants, reservations, and restrictions contained in this
agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs,
successors, legal representatives, assigns, and all persons acquiring any part or portion of the
historic property, whether by operation of law or in any manner whatsoever.
e. In the event legal proceedings are brought by any party or parties to enforce or restrain a
violation of any of the covenants, reservations, or restrictions contained herein, or to determine
the rights and duties of any party hereunder, the prevailing party in such proceeding may recover
all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief
ordered by the court.
f. In the event that any of the provisions of this agreement are held to be unenforceable or invalid
by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and
enforceability of the remaining provisions, or portions thereof, shall not be affected thereby.
g. This agreement shall be construed and governed in accordance with the laws of the State of
California.
Section 11. Amendments. This agreement may be amended, in whole or in part, only by a written
recorded instrument executed by the parties hereto.
0
0
Section 12. Recordation and Fees. No later than twenty (20) days after the parties execute and enter
into this agreement, the City shall cause this agreement to be recorded in the office of the County
Recorder of the County of San Luis Obispo. Participation in the program shall be at no cost to the
Owner; however the City may charge reasonable and necessary fees to recover direct costs of executing,
recording, and administering the historical property contracts.
IN WITNESS WHEREOF, the City and Owners have executed this agreement on the day and
year written above.
CITY OF SAN LUIS OBISPO
Mayor David F. Romero
OWNERS
Mi � el nQ on
Sharon Singleton
� t S'
Date
I 0 `iJ
Date
8�H�DE�
Date
STATE O CALIFORNIA
) ss. e c
COUNTY O SAN LUIS OBISPO )
On this day of
and for said Stat personally appeared _
the City of San L ' Obispo, a municipal
of California.
Witness my
0 ZLOWELL
O W M:
DIONATHAN P.
City Attomey
2008,
on existing
me, the undersigned, a Notary Public in
known to me to be the mayor of
organized under the laws of the State
and official seal.
STATE OF CALIFORNIA )
)ss
COUNTY OF SAN LUIS OBISPO )
J
On September 11, 2008, before me Audrey Hooper, City Clerk, personally appeared David F.
Romero, Mayor, CITY OF S LUIS OBISPO, who proved to me on the basis of satisfactory
evidence to be the person whose name04.is /a;e subscribed to the within instrument and
acknowledged to me that a /she*tey executed the same in his/herir authorized capacity i ,
and that by his/herftheir signature(&n the instrument the person( or the entity upon behalf of
which the person(Wacted, 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 �%t-� i
CitClerk
0 0
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of -5a,;,-, L-0-t-5 Q b f S ie a
(_.0- -�.lri 2. [..._. 0.- ✓lso✓1 /y07�f ' r ! �I,,r ,
1 / Here Insert Name andritle of the Officer
�( Q r
fLnn < i r, a /r n
On AuAU.s -f ! � 240 before me,
Date
personally appeared
LAURIE L. 7' * - - j
CommBsion # 1791185
MIOry NNIc - Callromlo
Ban Luis Ob*W County
hVC0ftMfiMkSFGb14.2012
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s)Ja are subscribed to the
within instrument and acknowledged to me that
,!;�4sheAhey executed the same in bislWtheir authorized
capacity(ies), and that by his7berltheir 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
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
H sfcric ProPe.�,c presir ✓o_�cnFF9 1052 .Zs iscd s4",%a
Title or Type of Document: Eul1 6 j /� (/yla n�eAncL A oro ✓c.>....f JKr�swres�
Document Date: u.a I.I,S-� moo p p Number of Pages: % Itteluc%' nc�c.�eale.Q9mc+�\
Signer(s) Other Than Named Above: 0�e r^ b ctij l k r D ILL cf D
Capacity(ies) Claimed by Signer(s)
Signer's Name: / Vlt GGtOt�L Stk � e-4 V, Signer's Name: J �✓'o!A Jl,r� le- ✓1
y Individual % Individual
❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General _ ❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact ❑ Attorney in Fact
• Trustee Top,pt {hurob here ❑Trustee Top of thumb here
^`y
• Guardian or Conservator
❑ Guardian or Conservator
• Other.• El Other:
Signer Is Representing:1 Signer Is Representing: e-1
0200714ational Notary Association- 9350 De Soto Am..P.O.Box 2402•Chatsworth,CA 913132402 -w .NationalNotaryorg Item #5907 Reorder: Call Toll-Free I- SOM7"827
J
hR.a�:�II1G1
N
MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY
LOCATED AT 1052 ISLAY 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 102 Islay 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:
1. Demolish and replace the 9' x 130' driveway with a new double aisle and gravel- filled
median concrete driveway (10' x 125') with tinted and historically scored concrete with brick
edging.
2. Replace portions of the sidewalk leading to the house with a tinted and historically scored
walkway with brick edging.
3. Replace fence to match historic character on shared property line with the Adriance Court
property.
4. Install irrigation system.
5. Install native and historically correct landscape materials in the front and side yards.
6. Install wood and lath fence in backyard.
7. Reconfigure backyard and parking area to increase root zone and water infiltration for
historic Avocado.
S. Construct a new brick on sand patio and wood overhead in backyard, to the satisfaction of
the Community Development Director.
9. Reconstruct wood screens using replica hardware for all windows.
10. Replace /rebuild balustrade railing around the front porch.
11. Restore and stabilize fireplace and chimney, to the satisfaction of the Community
Development Director.
12. 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.
OWNERS
cry
haron Singleton
ate
Date
0 0
RESOLUTION NO. 10011 (2008 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
APPROVING A LAND USE ELEMENT MAP AMENDMENT TO
RECONFIGURE THE BOUNDARY BETWEEN THE OFFICE AND
MEDIUM -HIGH DENSITY RESIDENTIAL DESIGNATIONS ON THE
SITE, VESTING TENTATIVE TRACT MAP NO. 2928 TO CREATE 6
COMMERCIAL AND 11 RESIDENTIAL CONDOMINIUMS, AND
MITIGATED NEGATIVE DECLARATION, FOR PROPERTY LOCATED
AT 1321 & 1327 OSOS STREET; GP/R/TR/ER 102 -07
WHEREAS, the Planning Commission conducted a public hearing on July 9, 2008, and
recommended approval of the project; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on August
19, 2008, pursuant to a proceeding instituted under application GP /R/TR/ER 102 -07, Mission
Medical Partners, LLC, applicant; and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
WHEREAS, the City Council has considered the Mitigated Negative Declaration of
environmental impact as prepared by staff and reviewed by the Planning Commission; and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations by staff, presented at
said hearing.
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows:
SECTION 1. Environmental Determination. The City Council finds and determines that
the project's Mitigated Negative Declaration adequately addresses the potential significant
environmental impacts of the proposed project entitlements in accordance with the California
Environmental Quality Act and the City's Environmental Guidelines, and reflects the independent
judgment of the Council. The Council hereby adopts the Mitigated Negative Declaration
incorporating all of the mitigation measures listed in Exhibit A into the project (Mitigation
Monitoring Program).
SECTION 2. General Plan Amendment Approval with Findings & Conditions. The
City Council finds and approves the General Plan Amendment included as part of City
Application No. GP /R 102 -07, which reconfigures the boundary between the Office and
Medium -High Density Residential designations on the site for the properties located at 1321 &
1327 Osos Street as shown on the attached Exhibit 13, based on the following findings and
subject to the following conditions:
R 10011
Resolution No. 10011 (2008`es) O
Page 2
Findings:
1. The proposed modification is a minor amendment to the Land Use Element Map because
it is a boundary change only which retains the existing Office and Medium -High Density
Residential designations for the site with the same relative proportions of the overall site
area intact.
2. The proposed General Plan Amendment will not be detrimental to the health, safety and
welfare of those living and working in the vicinity since the proposed change to the
City's map accommodates the planned redevelopment of the site with uses and
improvements that will be compatible with other properties in the same block that are
either designated Office or Medium -High Density Residential.
3. The Community Development Director recommended adoption of a Negative Declaration
with Mitigation Measures on June 16, 2008. The Planning Commission finds and
determines that the project's Negative Declaration adequately addresses the potential
significant environmental impacts of the proposed project.
Conditions:
1. The Land Use Element Map is hereby amended as shown in Exhibit B.
2. The Community Development Director shall cause the change to be reflected in
documents, which are on display in City Hall and are available for public viewing and
use.
SECTION 3. Vesting Tract Map No. 2928 Approval with Findings and Conditions. The
Vesting Tentative Tract Map No. 2928 included as part of City Application No. TR 102 -07,
which allows the creation of 6 commercial and 11 residential condominiums, is hereby approved,
based on the following findings, including an exception to the total open space requirements for
the R -3 zone contained in the City's Subdivision Regulations, and subject to the following
conditions and noting certain code requirements:
Findings
1. The design of the vesting tentative tract map is consistent with the General Plan because
the proposed subdivision respects existing site constraints, will incrementally add to the
City's residential housing inventory, result in condominium units that meet density
standards, and will be consistent with the density and development limits established by
the Office (0) and Medium -High Density Residential with the Historical Perseveration
overlay zoning district (R -3 -H).
2. The site is physically suited for the proposed type of development allowed in the Office
and R -3 -H zones since the site is generally flat, surrounded by a mixture of residential
projects, parking lots, and office buildings.
Resolution No. 10011 (2008 � I;.es)
Page 3
3. The design of the subdivision will not conflict with easements for access through (or use
of property within) the proposed subdivision.
4. The design of the vesting tentative tract map and proposed improvements are not likely to
cause serious health problems, substantial environmental damage or substantially and
unavoidably injure fish or wildlife or their habitat because the site does not have any
creeks or other potentially significant habitat areas for fish and wildlife.
5. Tandem parking within the project is supported by the Planning Commission for the
following reasons:
a. The City of San Luis Obispo encourages creative use of infill development to
provide opportunities for much needed workforce housing near the downtown to
support adopted Housing Element policies and goals.
b. The site is unusually configured and, with building height limitations, poses
difficult building design constraints that would potentially result in fewer
residential units if conventional side -by -side parking were insisted upon.
c. The project site is located adjacent to the downtown core that will provide
pedestrian access to many daily needs of the residents. Therefore, residents may
be less dependent on use of their automobiles such that the inconvenience
associated with tandem parking may be minimized.
6. The property to be divided has an irregular shape and a spilt zoning between Medium -
High Density Residential (R -3 -H) and Office (0) that makes it impractical or undesirable,
in this particular case, to conform to the strict application of the regulations codified in
the Subdivision Regulations regarding the provision of total open space for a residential
condominium.
7. The cost to the subdivider of strict or literal compliance with the regulations is not the
sole reason for granting the exception to total open space standards, because approval of
the project as designed results in a mixed -use development that meets standards for both
private and common open space requirements, respects the context of its historic setting
and provides housing opportunities, including a deed - restricted affordable unit, in close
proximity to the downtown core and other public services and amenities
8. The modification will not be detrimental to the public health, safety and welfare, or be
injurious to other properties in the vicinity since the project will meet requirements for
both private and common open space areas.
9. The exception will not constitute a grant of special privilege, an entitlement inconsistent
with limitations upon other properties sin the vicinity with the same zoning since the
project includes a deed - restricted affordable unit for very-low income households. Per
Section 17.90.050 B.7. of the City's Zoning Regulations (Incentives for Affordable
Housing Projects), projects that contain affordable housing may request relaxation of
subdivision standards as an incentive.
Resolution No. 10011 (2008 ( 'Des)
Page 4
10. Granting the modification is in accord with the intent and purposes of these regulations,
and is consistent with the general plan and with all applicable specific plans or other
plans of the City, because the design of the project is consistent with the intent of the R -3
zone to "provide housing for smaller households desiring little open space" in that all
units have qualifying private open spaces.
11. No feasible alternative to authorizing the exception would satisfy the intent of City
policies and regulations.
12. The Community Development Director recommended adoption of a Negative
Declaration with Mitigation Measures on June 16, 2008. The Planning Commission
finds and determines that the project's Negative Declaration adequately addresses the
potential significant environmental impacts of the proposed project.
Conditions:
1. The subdivider shall prepare conditions, covenants, and restrictions (CC &R's) to be
approved by the Community Development Director and the City Attorney prior to final
map approval. CC &R's shall contain the following provisions:
a. Creation of a homeowners' association to enforce the CC &R's and provide for
professional, perpetual maintenance of all common areas including private driveways,
drainage, on -site sewer facilities, parking lot areas, walls and fences, lighting,
common open space areas, and landscaping.
b. Grant to the city the right to maintain common areas if the homeowners' association
fails to perform, and to assess the homeowners' association for expenses incurred, and
the right of the city to inspect the site at mutually agreed times to assure conditions of
CC &R's and final map are being met.
c. No parking except in approved, designated spaces.
d. Grant to the city the right to tow away vehicles on a complaint basis which are parked
in unauthorized places.
e. No outdoor storage of boats, campers, motorhomes, or trailers nor long -term storage
of inoperable vehicles.
f. No outdoor storage by individual units except in designated storage areas.
g. No change in City- required provisions of the CC &R's without prior City Attorney
approval.
h. Homeowners' association shall file with the City Clerk the names and addresses of all
r"
Resolution No. 10011 (2008 �., 'es)
Page 5
officers of the homeowners' association within 15 days of any change in officers of
the association.
i. Provision of appropriate "no parking" signs and red - curbing along interior roadways
as required by the City Fire Department.
j. CC &R's shall not prohibit location of solar clothes drying facilities in private yards
which are substantially screened from view.
k. Prospective property owners and renters shall be notified of the project's provision of
tandem parking. Additionally, they shall be advised that they should ensure that the
amount of on -site parking is adequate for their needs because they will not be able to
obtain on -street parking permits for any additional parking needs.
The responsibility for the placement of the trash and recycling containers at the street
on collection days will be the responsibility of the property owner's association. The
property owner's association shall coordinate with San Luis Garbage Company
regarding the collection time and preferred location for the placement of trash and
recycling containers to minimize the obstruction of the public right -of -way.
2. As part of the encroachment permit for the proposed frontage improvements, the
applicant shall submit plans to address any changes made to on -street parking, signage,
and striping to the approval of the City Engineer.
3. The applicant shall pay in -lieu fees for the 19 off -site parking spaces that will be
eliminated with development.
4. Short term bicycle parking shall be provided in a minimum of two locations; one for
bicyclists entering from Osos Street and one for bicyclists entering from Morro Street.
5. The details of the required lockable private storage areas (minimum of 200 cubic feet per
unit) shall be to the review and approval of the Architectural Review Commission.
6. The down sloping Morro Street driveway slope shall comply with City standard 2130.
7. To ensure pedestrian safety, the driveway exits shall provide a minimum often (10) feet
clear visibility to the sidewalk on both sides of the exit, unobstructed by building corners,
columns or other visual impediments. The distance is measured behind the stop bar and
two feet to the right of the centerline where a driver would be located in a stopped
vehicle.
8. The Drainage Report shall address post - development water quality per City Standard
101013. Details of the passive design concept proposed shall be discussed in an amended
report and shown on plans submitted for final review by the Architectural Review
Commission.
Resolution No. 10011 (2008' :_�.es)
Page 6
9. New curb, gutter and sidewalk will be required along the project frontage on Osos Street
and Morro Street.
10. All wire utilities to the new units shall be underground. No additional utility poles shall
be set in the public right -of -way and no wires shall be extended, across the proposed
project to serve adjacent properties unless otherwise approved to the satisfaction of the
City Engineer and the serving utility companies.
11. The subdivider shall dedicate a 10' wide public utility and street tree easement across the
site frontage on Morro and Osos Streets. Said easements shall be adjacent to and
contiguous with all public right -of -way lines bordering the site.
12. The subdivider shall provide individual electrical, phone, television, natural gas, and
water service and related utility company meters to each unit to the approval of the
affected utility company and the Public Works Director. Sub - metering of the water
services may be allowed upon request and with the approval of the Utilities Director.
13. Pursuant to Government Code Section 66474.9(b), the subdivider shall defend, indemnify
and hold harmless the City and /or its agents, officers and employees from any claim,
action or proceeding against the City and/or its agents, officers or employees to attack, set
aside, void or annul, the approval by the City of this subdivision, and all actions relating
thereto, including but not limited to environmental review.
Code Requirements
The following code requirements are included for informational purposes only. They serve
to give the applicant a general idea of other City requirements that will apply to the project.
This is not intended to be an exhaustive list as other requirements may be identified during
the plan check process.
Long and short-term bicycle parking shall be provided in accordance with City standards.
Bike lockers or interior space within each dwelling unit or accessory structure shall be
provided for the storage of at least two bicycles per dwelling unit. In addition, one short
term bicycle parking space shall be provided for guests of the residential units and a
minimum of three long term parking spaces and two short term parking spaces shall be
provided for the office uses. All bicycle parking shall be located outside of the public
right of way.
2. Any easements including but not limited to provisions for all public and private utilities,
access, drainage, common driveways, and maintenance of the same shall be shown on the
final map or recorded separately prior to map recordation if applicable.
3. A preliminary soils report is required in accordance with the Subdivision Map Act and
the City of San Luis Obispo Subdivision Regulations at the time of final map submittal.
Resolution No. 10011 (2008 aes) 0
Page 7
The report shall be referenced on the final map in accordance with the city's Subdivision
Regulations and the Subdivision Map Act.
Upon motion of Vice Mayor Brown, seconded by Council Member Carter, and on the
following roll call vote:
AYES: Council Members Carter, Mulholland and Settle, Vice Mayor Brown and Mayor
Romero
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 19th day of August 2008.
Mayor David F. Romero
ATTEST:
Audrey Hoop
City Clerk 6
APPROVED AS TO FORM:
iknatWtowell
City Attorney
J �JExhibit IIA tt
city of SM WIS OBISPO
Community Development Department • 919 Palm Street, San Luis Obispo, CA 93401 -3218
Applicant Acceptance of Mitigation Measures
Project: ER 102 -07
1321 and 1327 Osos Street, San Luis Obispo, CA
This agreement is entered into by and between the City of San Luis Obispo and Mission
Medical Partners, on the 04+--, day of J'vne , 2008. The following measures
are included in the project to mitigate potential adverse environmental impacts. Please sign the
original and return it to the Community Development Department.
MITIGATION MEASURES:
AIR QUALITY
1. Temporary impacts from the project, including but not limited to excavation and
construction activities and vehicle emissions from heavy duty equipment have the
potential to create dust and emissions that exceed air quality standards for temporary
and intermediate periods unless the following mitigation measures are incorporated:
a. Construction vehicle speed at the work site must be limited to fifteen (15) miles
per hour or less;
b. Prior to any ground disturbance, sufficient water must be applied to the area to
be disturbed to prevent visible emissions from crossing the property line;
c. Areas to be graded or excavated must be kept adequately wetted to prevent
visible emissions from crossing the property line;
d. Storage piles must be kept adequately wetted, treated with a chemical dust
suppressant, or covered when material is not being added to or removed from
the pile;
e. Equipment must be washed down before moving from the property onto a paved
public road; and
f. Visible track -out on the paved public road must be cleaned using wet sweeping
or a HEPA filter equipped vacuum device within twenty -four (24) hours.
Monitoring Program:
These conditions shall be noted on all project grading and building plans. The applicant shall
present evidence of a plan for complying with these requirements prior to issuance of a grading
or building permit from the City. The applicant shall provide the City with the name and
telephone number of the person responsible for ensuring compliance with these requirements.
The Building Inspector and Public Works Inspectors shall conduct field monitoring.
BIOLOGICAL RESOURCES
2. Trees identified by the Architectural Review Commission to be preserved shall be clearly
marked on grading and construction plans. The applicant shall submit a tree reservation
agreement for review and approval by the Community Development Director. The
agreement shall be secured by a bond in the amount determined by the City Arborist.
The City of San Luis Obispo is committed to Include the disabled in all of Its services, programs and activities.
Telecommunications Devine for the Daaf M51 781.747 n
O ,J
ER 102 -07 � / Exhibit "A A"
Mitigation Agreement
Page 2
Monitoring Program:
Prior to the issuance of a grading permit, the applicant shall submit the required tree
preservation agreement and actively coordinate with the City Arborist during construction
CULTURAL RESOURCES
3. if significant archaeological materials are discovered during grading and construction, all
construction activities that may damage those materials shall immediately cease. The
project sponsor shall then propose specific mitigation based on a qualified
archaeologist's recommendations. The Director shall approve, approve with changes, or
reject the mitigation proposal (if found incomplete, infeasible, or unlikely to reduce
adverse impacts to an acceptable level). If the proposal is approved, the project sponsor
shall implement mitigation, to the satisfaction of the Director. A copy of the
archaeologist's recommendations and the Director's decision will be forwarded to the
Cultural Heritage Committee. If grading results in the uncovering of artifacts, then
standard mitigation would be followed..
Monitoring Program:
Requirements for cultural resource mitigation shall be clearly noted on all plans for project
grading and construction.
HAZARDS AND HAZARDOUS MATERIALS
4. If further contamination is encountered with site grading activities, then work shall cease
until the City's Hazardous Material Coordinator has been notified and had the opportunity
to consult with other affected parties and appropriate governmental agencies to
determine any necessary next steps.
Monitoring Program:
The City's Hazardous Material Coordinator shall be the lead in reviewing any subsequent
studies necessary and assuring that any related site clean -up has taken place.
TRANSPORTATION/TRAFFIC
5. To provide for adequate sight distance for the Morro Street access, on- street parking
shall be eliminated within 25 feet of the project driveway to the north and within 50 feet to
the south.
6. The applicant shall install additional "Cross Traffic Does Not Stop" signs on the back of
the existing stop signs at the intersection of Morro and Pacific Streets to reinforce the
message of the two -way stop controls.
Monitoring Program:
Compliance with the required mitigation measures shall be reflected on the plans for project
grading and construction and shall be completed to the satisfaction of the Public Works Director
prior to City issuance of a certificate of occupancy for the project.
ER 102-07 Exhibit "N'
Mitigation Agreement
Page 3
The above mitigation measures are included in the project to mitigate potential adverse
environmental impacts. Section 15070(b)(1) of the California Administrative Code requires the
applicant to agree to the above mitigation measures before the proposed Mitigated Negative
Declaration is released for public review. The Architectural Review Commission through final
review of project plans, and City staff will review detailed project plans through building and
grading plan checks, and occupancy release inspections, to accomplish compliance with these
mitigation measures as discussed in detail in the monitoring programs above.
If the Community Development Director or hearing body determines that the above mitigation
measures are ineffective or physically infeasible, he may add, delete or modify the mitigation to
meet the intent of the original measures.
Please note that section 15070 (b) (1) of the California Administrative Code requires the
applicant to agree to the above mitigation measures before the proposed Mitigated Negative
Declaration is released for public review. This project will not be scheduled for public
review and hearing until this signed original is returned to the Community Development
Department.
Doug Davidson Date
Deputy Community Development Director
•74re 1:MIR .
�' o
Exhibit B
Land Use Element Map Amendment (GP/R 102 -07)
Oi
0 _ p
3_ 3'
Existing Land Use Proposed Land Use
Medium -High Density Residential
Office
RESOLUTION NO. 10010A (2008 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING AND MODIFYING THE HEALTH CONTRIBUTION FOR THE CITY'S
CONFIDENTIAL EMPLOYEES
WHEREAS, the City of San Luis Obispo has designated the Executive Assistant to the
City Administrative Officer, the Executive Assistant to the Director of Human Resources, the Legal
Assistant/Paralegal and the Human Resources Specialist as confidential employees pursuant to the
Government Code; and
WHEREAS, confidential employees are precluded from collective bargaining and
therefore are not governed by a collective bargaining agreement; and
WHEREAS, the wages, hours and other terms and conditions of employment for
confidential employees are established by resolution; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis
Obispo hereby revises the confidential health insurance contribution as follows:
SECTION 1. Effective December 2008 for the January 2009 premium the City's
contribution to the Cafeteria Plan will be set using the procedure outlined below.
Within 30 days of receipt of health insurance premiums from medical, dental, and vision
insurance providers, the City will set the cafeteria contribution using the following methodology.
One hundred percent of the combined premiums for the lowest cost Health Maintenance
Organization (HMO) medical plan available in San Luis Obispo County to employees covered by
this resolution, the Dental Preferred Option (DPO) dental plan, and the vision plan; but not less
than 80% of the combined premiums for the lowest cost Preferred Provider Option (PPO)
medical plan available in San Luis Obispo County to employees covered by this resolution, the
DPO dental plan, and the vision plan.
New confidential employees (hired on or after September 1, 2008) who elect not to be covered
under a City medical plan will receive a $200 cafeteria contribution. Confidential employees
hired prior to August 31, 2008 who opt out of the City medical plan will receive $790 per month
unless they choose to enroll themselves and /or their dependents in a City provided medical plan.
At that time, they will receive the greater of $790 per month or the current cafeteria contribution.
SECTION 2. All other compensation and benefits afforded confidential employees
under Resolution No. 9833 (2006 Series) and not superseded by the above, shall remain in full
force and effect.
SECTION 3. The Finance Director shall adjust the Personnel Services appropriation
R 10010A
`3
Resolution No. 10010A (2008 Series)
Page 2
accounts to reflect the health insurance contribution changes.
Upon motion of Vice Mayor Brown, seconded by Council Member Mulholland, and on the
following roll call vote:
AYES: Council Members Carter and Mulholland, Vice Mayor Brown and Mayor Romero
NOES: Council Member Settle
ABSENT: None
The foregoing resolution was adopted this 19th day of August 2008.
Mayor David F. Romero
ATTEST:
Audrey Hoop
City Clerk
APPROVED AS TO FORM:
tonathadP. Lowell
City Attomey
/ I J
RESOLUTION NO. 10010B (2008 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING THE HEALTH INSURANCE CONTRIBUTION FOR APPOINTED
OFFICIALS AND MANAGEMENT EMPLOYEES
WHEREAS, the City Council is committed to a comprehensive policy that strengthens the
recruitment and retention of well qualified and effective appointed officials and management
personnel; and
WHEREAS, the City Council wishes to provide an appropriate health insurance
contribution for its management personnel; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis
Obispo hereby revises the management health insurance contribution as follows:
SECTION 1. Effective December 2008 for the January 2009 premium the City's
contribution to the Cafeteria Plan will be set using the procedure outlined below.
Within 30 days of receipt of health insurance premiums from medical, dental, and vision
insurance providers, the City will set the cafeteria contribution using the following methodology.
One hundred percent of the combined premiums for the lowest cost Health Maintenance
Organization (HMO) medical plan available in San Luis Obispo County to employees covered by
this resolution, the Dental Preferred Option (DPO) dental plan, and the vision plan; but not less
than 80% of the combined premiums for the lowest cost Preferred Provider Option (PPO)
medical plan available in San Luis Obispo County to employees covered by this resolution, the
DPO dental plan, and the vision plan.
New employees (hired on or after September 1, 2008) who elect not to be covered under a City
medical plan will receive a $200 cafeteria contribution. Employees hired prior to August 31,
2008 who opt out of the City medical plan will receive $790 per month unless they choose to
enroll themselves and/or their dependents in a City provided medical plan. At that time, they
will receive the greater of $790 per month or the current cafeteria contribution.
SECTION 2. All other compensation and benefits afforded appointed officials and
management employees under Management Compensation Resolution No. 9892 (2007 Series)
and not superseded by the above, shall remain in full force and effect.
SECTION 3. The Finance Director shall adjust the Personnel Services appropriation
accounts to reflect the health insurance contribution changes.
R 10010B
l�
Resolution No. 10010B (2008 Series)
Page 2
Upon motion of Vice Mayor Brown, seconded by Council Member Mulholland, and on the
following roll call vote:
AYES: Council Members Carter and Mulholland, Vice Mayor Brown and Mayor Romero
NOES: Council Member Settle.
ABSENT: None
The foregoing resolution was adopted this 19th day of August, 2008.
Mayor David F. Romero
ATTEST:
v
Audrey Hooper
City Clerk
APPROVED AS TO FORM:
J nath . Lowell
City Attorney
V
,J
RESOLUTION NO. 10009 (2008 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING AND RATIFYING AN AMENDMENT TO THE MEMORANDUM
OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE
SAN LUIS OBISPO CITY EMPLOYEES' ASSOCIATION FOR THE PERIOD OF
JANUARY 1, 2006 — DECEMBER 31, 2009
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. The Amendment to the Memorandum of Agreement between the City of
San Luis Obispo and the San Luis Obispo City Employees' Association, attached hereto as
Exhibit "A" and incorporated herein by this reference, is hereby adopted and ratified.
SECTION 2. The Finance Director shall adjust the Personnel Services appropriation
accounts to reflect the negotiated health insurance contribution changes.
SECTION 3. The City Clerk shall furnish a copy of this resolution and a copy of the
executed Amendment approved by it to: Ron Faria, San Luis Obispo City Employees
Association President and Monica Irons, Director of Human Resources.
Upon motion of Vice Mayor Brown, seconded by Council Member Mulholland, and on
the following roll call vote:
AYES: Council Members Carter and Mulholland, Vice Mayor Brown and Mayor Romero
NOES: Council Member Settle
ABSENT: None
The foregoing resolution was adopted this 19th day of August, 2008.
Mayor David F. Romero
ATT $T:
Audrey Hoo r
City Clerk
APPROVED AS TO FORM:
Jo than P. owell
City'Att6ffiey
1 11119
0
Exhibit A
AMENDMENT TO THE JANUARY 1, 2006 THROUGH DECEMBER 31, 2009
MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF SAN LUIS OBISPO
AND
THE SAN LUIS OBISPO CITY EMPLOYEES' ASSOCIATION
A. PURPOSE OF THIS AMENDMENT
The City and Association agree to modify Article 16, Insurance and Refund, Section A.
Contribution of the 2006 -2009 Memorandum of Agreement (MOA) as follows:
Effective December 2008 for the January 2009 premium the City's contribution to the
Cafeteria Plan will be set using the procedure outlined below.
Within M days of receipt of health insurance premiums from medical, dental, and vision
insurance providers, the City will set the cafeteria contribution using the following
methodology:
One hundred percent of the combined premiums for the lowest cost Health Maintenance
Organization (HMO) medical plan available in San Luis Obispo County to employees
covered by this MOA, the Dental Preferred Option (DP O) dental plan, and the vision plan;
but not less than 80% of the combined premiums for the lowest cost Preferred. Provider
Option (PPO) medical plan available in San Luis Obispo County to employees covered by
this MOA, the DPO dental plan, and the vision plan.
New employees (hired on or after September 1, 2008) who elect not to be covered under a
City medical plan will receive a $200 cafeteria contribution. Employees hired prior to
August 31, 2008 who opt out of the City medical plan will. receive $790 per month unless
they choose to enroll themselves and /or their dependents in a City provided medical plan. At
that time, they will receive the greater of $790 per month or the current cafeteria
contribution.
This methodology will be reviewed at expiration of this contract and the City's commitment
to continue this methodology will be subject to review and further negotiation.
This amendment confirms the agreement of the parties to modify the MOA. Except as
modified above, all other terms and conditions shall remain in full force and effect. .
Amendment To 2006 -09 Memmoorandum of Agreement Exhibit A
City of San Luis Obispo City Employees' Association Page 2 of 2
CITY OF SAN LUIS OBISPO
u '
Monica M. Irons, Human Resources Director
SAN LUIS OBISPO CITY EMPLOYEES'
ASS CIATIOnnN
Paul Bechely, SLOCEA Consult
Ron Faria, President
Other SLOCEA Negotiating Team Members
Ed Humphrey
Madelyn Paasch
Randy Stevenson
Greg Zocher
C:\Documents and Settings \New User \Local Settings \Temporary Internet
Files\Content.IE5\OEI7U 1 IS\Exhibit A SLOCEA.doc
� C
RESOLUTION NO. 10008 (2008 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
OPPOSING PROPOSALS BY STATE GOVERNMENT TO BORROW OR
CONVERT LOCAL GOVERNMENT, REDEVELOPMENT AND
TRANSPORTATION FUNDS IN ORDER TO TEMPORARILY BALANCE THE
STATE BUDGET
WHEREAS, on July 1, 2008 the State Legislature missed its Constitutional
budget adoption deadline; and
WHEREAS, both the Governor and the Legislative Budget Conference
Committee have recommended balanced budgets without resorting to "loans" or seizures
of local government property tax, redevelopment tax increment and transportation sales
tax funds; and
WHEREAS, in 1952 the voters of California approved Article XVI, Section 16
of the California Constitution, providing for tax increment financing for community
revitalization — not for balancing the state budget — and such action of the voters never
authorized the legislature to take or "borrow" community redevelopment funds for state
programs; and
WHEREAS, in 2004 by an 84% margin of approval the voters of California
approved Proposition IA and sent a clear and unambiguous message to state leaders that
they should stop the destructive and irresponsible practice of taking local government
funds to finance the state budget and temporarily balance the state deficit; and
WHEREAS, in 2006 by a 77% margin of approval the voters of California also
approved Proposition IA, providing similar protections for transportation funding for
state and local transportation projects, including important municipal street maintenance
and public transit programs; and
WHEREAS, both ballot measures allow the Governor to declare a "severe state
of fiscal hardship" and "borrow" these funds if they are repaid in three years with
interest, but the Governor believes it would be irresponsible to borrow such funds right
now because it would deepen the state's structural deficit and cripple local government
and transportation services; and
WHEREAS, refusal by the Legislature to carryout its constitutional obligation to
compromise on a balanced budget is not a "severe state of fiscal hardship" and would not
justify reductions in critical local services, community revitalization programs and
infrastructure maintenance at a time when cities are struggling to balance their own
budgets during an economic down turn; and
R 10008
Resolution No. 10008 (1-008 Series)
Page 2
WHEREAS, the Legislature should balance the state budget utilizing state
revenues and respect the overwhelming support of California voters for not using local
property taxes, redevelopment tax increment and transportation sales tax funds to fund
the day -to -day operating cost of state programs; and
WHEREAS, it would be fiscal irresponsibility to temporarily support the
structural deficit at the state level with more borrowing; and
WHEREAS, it is time for the state of California to cut up its "local government
credit cards" and deal with the budget deficit in a straightforward way; and
WHEREAS, California voters are counting on state leaders to balance the state
budget using state funds;
NOW, THEREFORE, BE IT RESOLVED, that the City of San Luis Obispo
hereby declares that it:
1. Opposes efforts by state government to borrow or otherwise
convert local tax funds, redevelopment tax increment or
transportation sales tax proceeds to balance the state budget and
finance state operations; and
2. Believes any such actions would be fiscally irresponsible for the
state and would substantially negatively impact local government
services and infrastructure investments.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to send a
copy of this resolution, expressing the City Council's strong opposition to the borrowing
or conversion of local government funds for state government purposes, to the Governor
and appropriate state legislators.
On motion of Vice Mayor Brown, 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 passed and adopted this 19th day of August 2008.
David F. Romero, Mayor
R 10008
Resolution No. 10008 �008 Series)
Page 3
A EST:, .
Audrey oper
City Cle
APPROVED AS TO FORM:
Jona P. Lowell
Attorney
R 10008
0
RESOLUTION NO. 10007 (2008 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS
OF THE CITY A PROPOSED CHARTER AMENDMENT
AT THE GENERAL MUNICIPAL ELECTION
TO BE HELD ON TUESDAY, NOVEMBER 4, 20089
AS CALLED BY RESOLUTION NO. 9994 (2008 SERIES)
WHEREAS, a General Municipal Election on Tuesday, November 4, 2008 has been
called by Resolution No. 9994, 2008 series, adopted on June 17, 2008; and
WHEREAS, Article )U of the Constitution, Title 4, Division 2, Chapter 3 of the
Government Code and Division 9, Chapter 3, Article 3 (commencing at section 9255) of the
Elections Code of the State of California Elections Code and applicable local law provide the
Council with the authority to submit a Charter amendment to the electorate; and
WHEREAS, the City Council of the City of San Luis Obispo desires to submit to the
voters a proposed Charter amendment making minor, non - substantive changes to the City
Charter, and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1: The Council of the City of San Luis Obispo hereby proposes on its own
motion that amendment of the Charter of the City of San Luis Obispo be submitted to the voters at
the General Municipal Election on Tuesday, November 4, 2008 to read as follows:
A. By amending Section 201 (Form of Government) to read:
The municipal government provided by this Charter shall be known as the
"Council- Mayor -City Manager" form of municipal government.
(And, also, changing all references to "City Administrative Officer" within the
Charter to "City Manager", consistent with the above revision. This will entail
revision of Sections 109, 204, 407, 701; 702,703, 704, 705, 707,709, 712, 802, 803,
810, 901, 1006, and 1101 of the Charter.)
B. By amending Section 407 (Mayor — Powers and Duties) to read:
The Mayor shall preside at all meetings of the City Council and perform
such other duties consistent with the office as may be imposed by the Council or
by vote of the people. The Mayor shall be entitled to, and must vote when
present, but shall possess no veto power. As presiding officer of the Council, the
Mayor will faithfully communicate the will of the Council majority to the City
R 10007
O O�
Resolution No. 10007 (2008 Series)
Page 2
Manager in matters of policy. The Mayor shall be recognized as the official head
of the City for all ceremonial purposes.
C. By amending Section 410 (Compensation) to read:
The Mayor and each Council Member shall receive compensation for
services payable according to the regular City payroll schedule, with the Mayor
receiving greater compensation than the other Council Members.
Compensation for Mayor and Council Members shall be reviewed
biennially in even - numbered years. When warranted, said compensation may be
adjusted by Council resolution, to be effective the first full pay period in January of
the year following the review. The compensation rate may be revised by the
electorate by initiative.
Mayor and Council Member expenses incurred for official business shall be
reimbursed.
D. By amending Section 505 (Voting) to read:
The ayes and noes shall be taken upon the passage of all ordinances and
resolutions and entered upon the journal of the proceedings of the Council. Upon
the request of any member, the ayes and noes shall be taken and recorded on any
vote. All members, when present, must vote, except in the case of a recusal due to a
conflict of interest. Failure or refusal to vote shall be construed as an affirmative
vote.
E. By amending Section 601 (Methods of Action by Council) to read:
All action by the Council shall be taken only by means of ordinance,
resolution, or oral motion duly made and passed.
Ordinances that prescribe rules applicable generally within the jurisdiction
shall become a part of the Municipal Code and so remain until amended or voided.
All municipal laws relating to taxation or to possible criminal action against an
offender shall be in the form of ordinances.
Resolutions shall be serially numbered and filed sequentially in the office of
the City Clerk.
Oral motions shall be recorded only in the minutes of any regular or special
meeting of the Council.
R 10007
0 101
Resolution No. 10007 (2008 Series)
Page 3
F. By amending Section 701 (General Description) to read:
The officials of the City of San Luis Obispo shall consist of a City Manager
and a City Attorney. Such officials shall be appointed by and may be removed only
by the affirmative votes of a majority of the members of the Council. All other
officials and department heads of the City shall be appointed by and may be
removed by the City Manager.
G. By amending Section 709 (Employment Policy) to read:
The City Council shall adopt Personnel Regulations by ordinance or
resolution, prescribing hiring, discharge and performance standards for Council
appointees, department heads, and other appointive officials.
No official appointed by the City Council shall be terminated within the
three (3) months following a municipal election. No official subject to appointment
by the City Manager shall be terminated within the three (3) months immediately
following the appointment of a new City Manager. Any notice of termination,
transfer, or demotion shall state the effective date of the action and a copy shall be
filed with the Human Resources Department.
H. By amending Section 901 (Public Works to be Done by Contract), subpart (D) to
read:
(D) Nothing in this section shall be construed to apply to any project
involving the expenditure of City monies by the City for public works in
cooperation with a developer or subdivider for oversized facilities or such
cooperative extension or replacement of mains and appurtenances. For those
projects the City shall have the authority to make funds available to the
cooperating developer or subdivider through a Reimbursement Agreement as
established by Council ordinance or resolution.
1. By amending Section 905 (Progress Payments) to read:
Any contract may provide for progressive payments if the ordinance or
resolution authorizing such work includes such a provision. No progressive
payments may be provided for or made at any time which with prior payments, if
there have been such, shall exceed in amount at any time ninety percent (90%) of
the value of the labor done and the materials used up to that time, and no contract
shall provide for or authorize or permit the payment of more than ninety percent
(90 1/6) of the contract price before the completion and acceptance of the work,
unless otherwise required by Federal Law.
R 10007
C C
Resolution No. 10007 (2008 Series)
Page 4
J. By amending Section 906 (Sale or Lease of City Property) to read:
The City Council, by ordinance or resolution, shall adopt policies and
procedures that shall be applicable to the sale or lease of City property.
K. By amending Section 1001 (Granting of Franchises) to read:
The City Council is empowered to grant by ordinance a franchise to any
person, firm or corporation, whether operating under an existing franchise or not, to
furnish the City and its inhabitants with transportation, communication, terminal
facilities, water, light, heat, power, refrigeration, storage, or any other public utility
of public service, and to use the public streets, ways, alleys, and other places, as the
same now or may hereafter exist, for the construction and operation of plants,
works, or equipment necessary or convenient for traversing any portion of the City
for the transmitting or conveying of any service elsewhere. The City Council may
prescribe the terms and conditions of any such grant. It may also provide, by
procedural ordinance, the method of procedure and additional terms and conditions
for making such grants, subject to provisions of this Charter. The City Council may,
by ordinance or resolution, establish fees or charges for the granting of licenses or
franchises.
L. By amending Section 1006 (Duties of Grantee), subpart (E) to read:
(E) Remove and relocate without expense to the City any facilities installed,
used and maintained under the franchise if and when made necessary by any lawful
change of grade, alignment, or width of any public street, way, alley, or place,
including the construction of any subway or viaduct; and
A By amending Section 1202 (Eligibility, Appointment and Length of Terms) to read:
All registered voters within the City, except part or full -time officials and
management employees of the City, shall be eligible for appointment, and shall be
selected and appointed by any method deemed appropriate by the Council.
Participation on citizen committees, commissions, boards and authorities by non-
registered voters or non -city residents may be permissible depending upon the
nature and purpose of the advisory body, as determined by the City Council.
No Committee member shall be appointed to a term exceeding four (4)
years. Committee members may be reappointed to serve additional terms.
R 10007
O O
Resolution No. 10007 (2008 Series)
Page 5
N. By amending Section 1205 (Annual Reports) to read:
On an annual basis, each established body shall report to the Council on its
activities for the preceding year, as well as its proposed activities and requested
budget for the forthcoming year.
SECTION 2: That the City Council, pursuant to its right and authority, does order
submitted to the voters at the General Municipal Election on Tuesday, November 4, 2008, the
following question:
Shall sections 201 (and related references
throughout the Charter), 407, 410, 505, 601, 701, Yes
709, 901, 906, 1001, 1006, 1202, and 1205 of
the Charter of the City of San Luis Obispo be
amended to make technical, non - substantive No
revisions, as set forth in City Council Resolution
No. 10007 2008 Series)?
SECTION 3. That the City Council authorizes any and all members of the City Council to
file written arguments In Favor or Against the measure in accordance with Article 4, Chapter 3,
Division 9 of the Elections Code of the State of California and to change the argument until and
including the date fixed by the City Clerk after which no arguments for or against the measure may
be submitted to the City Clerk.
SECTION 4. That the City Council directs the City Clerk to transmit a copy of the
measure to the City Attorney, who shall prepare an impartial analysis of the measure showing the
effect of the measure on the existing law and the operation of the measure. The impartial analysis
shall be filed by the date set by the City Clerk for the filing of primary arguments.
SECTION 5. That in all particulars not recited in this resolution, the election shall be
held and conducted as provided by law for holding municipal elections.
SECTION 6. That notice of the time and place of holding the election is given and the City
Clerk is authorized, instructed and directed to give further or additional notice of the election, in
time, form and manner as required by law.
SECTION 7. That the City Clerk shall certify to the passage and adoption of this
resolution.
SECTION 8. That the City Clerk is hereby directed to file a certified copy of this
resolution with the San Luis Obispo County Board of Supervisors and Clerk- Recorder.
R 10007
Resolution No. 10007 (2008 Series)
Page 6
Upon motion of Council Member Mulholland, seconded by Council Member Settle,
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.
Mayor David F. Romero
ATTEST:
Audrey Ho er '
City C12 .
APPROVED AS TO FORM:
onatha
well
orney
R 10007
0 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
N
0
RESOLUTION NO. 9995 (2008 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
REQUESTING THE SAN LUIS OBISPO COUNTY BOARD OF SUPERVISORS
TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION ON TUESDAY,
NOVEMBER 4, 2008, WITH THE STATEWIDE GENERAL ELECTION
TO BE HELD ON THAT DATE
WHEREAS, the City Council of the City of San Luis Obispo has called a General
Municipal Election to be held on November 4, 2008, for the purpose of the election of certain
officers; and
WHEREAS, Section 302 of the City Charter establishes November of even- numbered
years as the date for conducting the City's General Municipal Election; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the
Statewide General Election to be held on the same date and that within the City the precincts,
polling places and election officers of the two elections be the same, and that the County Election
Department of the County of San Luis Obispo canvass the returns of the General Municipal
Election and that the election be held in all respects as if there were only one election.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis
Obispo does declare, determine and order as follows:
SECTION 1. Pursuant to the requirements of the Section 10403 of the Elections Code, the
Board of Supervisors of the County of San Luis Obispo is hereby requested to order the
consolidation of the General Municipal Election with the Statewide General Election to be held on
Tuesday, November 4, 2008.
SECTION 2. The Board of Supervisors is requested to certify the results of the canvass of
the returns of the General Municipal Election to the Council of the City of San Luis Obispo, which
shall thereupon declare the results thereof.
SECTION 3. The Board of Supervisors is hereby requested to issue instructions to the
County Clerk and Registrar of Voters to take any and all steps necessary for the holding of said
General Municipal Election. The City will pay its pro rata share of extra costs incurred by the
County in consolidating the elections pursuant to Section 51350 of the Government Code.
SECTION 4. The City Clerk is hereby directed to file certified copies of this resolution
with the Board of Supervisors, the County Clerk and the Registrar of Voters of the County of San
Luis Obispo.
SECTION 5. The City Clerk shall certify to the passage and adopt of this resolution.
R 9995
O O
Resolution No. 9995 (2008 Series)
Page 2
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
The foregoing resolution was adopted this 17th day of June 2008.
Mayor David F. Romero
ATTEST:
Audrey H per
City Cle* .
APPROVED AS TO FORM:
Jonath . Lowell
i Attomey
RESOLUTION NO. 9994 (2008 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN LUIS OBISPO CALLING AND GIVING NOTICE OF THE
HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD
TUESDAY, NOVEMBER 4, 20089 FOR THE ELECTION OF CERTAIN
OFFICERS AS REQUIRED BY THE PROVISIONS OF THE CHARTER
AND ADOPTING REGULATIONS FOR CANDIDATES' STATEMENTS
WHEREAS, under the provisions of the Charter, a General Municipal Election shall be
held on Tuesday, November 4, 2008, for the election of Municipal Officers.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis
Obispo does declare, determine and order as follows:
SECTION 1. Pursuant to Section 302 of the City Charter, a General Municipal Election
shall be held Tuesday, November 4, 2008, for the purpose of electing a Mayor for the full term of
two years and two Council Members for the full term of four years each.
SECTION 2. Pursuant to Election Code Section 13307 and Municipal Code Section
2.40.090(A)(7), each candidate may submit with the nomination papers a Statement of
Qualifications of the candidate of no more than 200 words, which statement will be printed and
mailed out with the sample ballot.
SECTION 3. The candidate shall be required to pay for the cost of printing the candidate's
statement in the voters' pamphlet. The City Clerk shall estimate the total cost of printing, handling,
and mailing the candidates' statements filed pursuant to this section, and require each candidate
filing a statement to pay in advance to the City his or her estimated pro rata share as a condition of
his or her statement in the voters' pamphlet. Accordingly, the City Clerk is not bound by the
estimate and may, on a pro rata basis, bill the candidate for any additional actual expense or refund
any excess amount paid depending on the final actual cost. Said amount will include the cost for the
translation and printing in the voters' pamphlet the statement in Spanish, if requested by the
candidate. In the event of overpayment, the Clerk shall prorate the excess amount among the
candidates and refund the excess amount paid within 30 days following notification by the Registrar
of Voters office of the exact cost. The City Clerk will, however, at no extra cost, make copies
available in the City Clerk's office of a Spanish translation of the candidates' statements upon
request.
SECTION 4. That the ballots to be used at the election shall be in form and content as
required by law.
] "616E
Resolution No. 9994 (2008Qries)
Page 2
SECTION 5. That the polls shall be open at seven o'clock a.m. of the day of the election
and shall remain open continuously from that time until eight o'clock p.m. of the same day when
the polls shall be closed, except as provided in Section 14401 of the Elections Code of the State
of California.
SECTION 6. That the City Clerk shall certify to the passage and adoption of this
resolution.
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
The foregoing resolution was adopted this 17th day of June 2008..
Mayor David F. Romero
A ST:
Audrey Ho er
City Clerk
APPROVED AS TO FORM:
Joi Lowell
City Attorney
N
RESOLUTION NO. 9993 (2008 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE 2007 -09 FINANCIAL PLAN SUPPLEMENT AND
ADOPTING THE 2008 -09 BUDGET
WHEREAS, the Council adopted the 2007 -09 Financial Plan on June 19, 2007, which
established comprehensive financial and policy guidelines for fiscal years 2007 -08 and 2008 -09;
and
WHEREAS, the 2007 -09 Financial Plan included appropriations for fiscal year 2008 -09;
and
WHEREAS, the Council has reviewed proposed changes to the 2007 -09 Financial Plan to
be effective for fiscal year 2008 -09 after holding noticed public hearings; and
WHEREAS, the City Administrative Officer has submitted the 2007 -09 Financial Plan
Supplement and Preliminary 2008 -09 Budget to the Council for their review and consideration.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis
Obispo hereby approves the 2007 -09 Financial Plan Supplement and adopts the 2008 -09 Budget.
Upon motion of Council Member Settle, seconded by Council Member. Mulholland, and
on the following vote:
AYES: Council Member Carter, Vice Mayor Brown, and Mayor Romero
NOES: Council Members Mulholland and Settle
ABSENT: None
The foregoing resolution was adopted on this 3'a day of June 2008.
0 ?
Mayor David F. Romero
ATTEST:
APPROVED AS TO FORM:
Jonat an P. Vwell
City A ey
R 9993
O
RESOLUTION NO. 9992 (2008 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING
A QUITCLAIM DEED RELINQUISHING THE CITY'S INTEREST IN AN EASEMENT
CONVEYED SUBJECT TO AN AGREEMENT FOR USE AND MAINTENANCE OF
WELL AND APPURTENANT FACILITIES
(3600 SOUTH HIGUERA STREET)
WHEREAS, on or about May 10, 1979, the City entered into an Agreement for Use and
Maintenance of Well and Appurtenant Facilities ( "Agreement ") with the owner of the property at
3600 South Higuera Street, 84 Lumber Company; and
WHEREAS, pursuant to that Agreement, 84 Lumber Company conveyed an easement to
the City for the exclusive use of a well and appurtenant facilities; and
WHEREAS, pursuant to the Agreement, the City's rights and obligations under said
Agreement terminated the City's permanent cessation of use of the subject well and facilities for
agricultural irrigation purposes; and
WHEREAS, such permanent cessation has occurred and the Agreement directs that the
City abandon the easement.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The City's use of the facilities that are the subject of the Agreement for Use
and Maintenance of Well and Appurtenant Facilities, entered into on or about May 10, 1979
between the City and 84 Lumber Company, has permanently ceased.
SECTION 2. The Mayor, on behalf of the City of San Luis Obispo, shall execute, and the
City Clerk shall cause to be recorded, a quitclaim deed, as set forth in Exhibit "A" attached hereto
and incorporated herein by this reference, relinquishing the City's interest in the easement
conveyed by 84 Lumber Company in conjunction with the Agreement.
Upon motion of Council Member Carter, seconded by Vice Mayor Brown, and on the
following vote:
AYES` Council Members Carter, Mulholland, and Settle, Vice Mayor Brown and
Mayor Romero
NOES' None
ABSENT: None
R 9992
Resolution No. 9992 (2008 Series)
Page 2
The foregoing resolution was adopted this 3`d day of June 2008.
Mayor David F. Romero
ATTEST:
Audrey He
City Clerk
APPROVED AS TO FORM:
Jo than P. well
City rney
IT pf
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO: .
City Clerk
CITY OF SAN LUIS OBISPO
990 Palm Street
San Luis Obispo, CA 93401
This document is recorded for the benefit of the City of San Luis Obispo, a Municipal Corporation, and is exempt
from fee per Government Code Sections 27383.
APN: 053- 051 -043
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the City of
San Luis Obispo, a political subdivision in the State of California, does hereby release, remise and forever
quitclaim unto 84-Lumber Company all interest, if any, in that certain real property commonly known as 3600
South Higuera Street, located in the City of San Luis Obispo, County of San Luis Obispo, State of California,
described as follows:
An easement in the City and County of San Luis Obispo, State.of California, for water well and appurtenance
facilities over a portion of Lot 15 of the San Luis Obispo Suburban Tract, recorded June 13, 1979 as Document
No. 26657 of Official Records.
The purpose of this deed is to extinguish all rights ONLY in that certain easement, described above, granted in
favor of the City of San Luis Obispo.
City of San Luis Obispo:
By: L2� Dated: 41,tO/ , 2008
David F. Romero, Mayor
lO
RESOLUTION NO. 9991 (2008 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING THE APPROPRIATIONS LIMIT FOR 2008 -09
WHEREAS, the voters approved the Gann Spending - Limitation Initiative on November 6,
1979 and Proposition 111 on June 5, 1990, which establish and define annual appropriation limits on
state and local government agencies; and
WHEREAS, regulations require that the governing body of each local agency establish its
appropriations limit and annual adjustment factors by resolution; and
WHEREAS, the required calculations to determine the City's appropriations limit and
estimated appropriations subject to limitation for 2008 -09 have been performed by the Department
of Finance & Information Technology and are available for public review.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis
Obispo hereby adopts the City's appropriations limit and annual adjustment factors for 2008 -09 as
follows:
Appropriations Limit: 2007 -08 $45,286,40
Cost of Living Factor: Percent change in California per capita income 4.29°/
Population Factor: County Population Growth 1.12°/
Compound Percentase Factor (multiplicative not additive) 5.46°/
Appropriations Limit: 2008-09 $479759,00q
Upon motion of Council Member Carter, seconded by Vice Mayor Brown, and on the
following vote:
AYES: Council Members Carter, Mulholland and Settle, Vice Mayor Brown and
Mayor Romero
NOES: None
ABSENT: None
R 9991
Resolution No. 9991 (2008- b'eries)
Page 2
The foregoing resolution was adopted on this 3`d day of June 3 2008.
Mayor David F. Romero
ATTEST:
Audrey Hoop
City Clerk
APPROVED AS TO FORM:
onathan . Lowell
City ttorney
O o
RESOLUTION NO. 9990 (2008 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SETTING
NEW SALARIES FOR THE MAYOR AND COUNCIL MEMBERS
WHEREAS, Charter Section 410 provides for compensation and reimbursement of
expenses for the Mayor and Council Members and establishes -a procedure for a biennial review by
a five - member Council Compensation Committee; and
WHEREAS, a five - member Council Compensation Committee was appointed and has
met and reviewed Mayor and Council Member compensation in accordance with the procedure
provided by the Charter; and
WHEREAS, the Council Compensation Committee has determined that the purpose of
Council Compensation should be clearly stated in Council Policies and Procedures; and
WHEREAS, the Council Compensation Committee has further determined that the
present criteria for compensation remain valid. However, an adjustment is now appropriate
particularly in light of the significant demands associated with the official duties of the Mayor and
Council Members.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis
Obispo as follows:
Section 1, Chapter 2 of the Council Policies and Procedures shall be amended to include
the following statement in its introductory paragraph:
In recognition of Council's service to the community, a salary is provided to compensate
for substantial time demands. However, this salary is not intended to be a sustaining
income.
Section 2, Chapter 2.1 of the Council Policies and Procedures shall be amended to read as
follows:
Effective the first full payroll period in January 2009, compensation for services
rendered in an official capacity shall be provided as follows: Mayor and Members
of the City Council shall receive a 6% increase resulting in a monthly salary of
$1,2 72 for the Mayor and $1,060 per month for the Council Members.
C�
Resolution No. 9990 (2008 Series)
Page 2
On motion of Council Member Carter, seconded by Vice Mayor Brown, and on the following roll
call vote:
AYES: Council Member Carter, Vice Mayor Brown and Mayor Romero
NOES: Council Members Mulholland and Settle
ABSENT: None
The foregoing resolution was adopted this 3Td day of June 2008.
`�
Mayor David F. Romero
ATTEST:
Audrey Hooper
City Clerk 0
APPROVED AS TO FORM:
JoiathanjeZowell
Ci tomey
0 0
RESOLUTION NO. 9989 (2008 Series)
A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO ADDING
PROPERTY LOCATED AT 1333 MILL STREET TO THE MASTER LIST OF
HISTORIC RESOURCES AND APPROVING AN HISTORIC PROPERTY
PRESERVATION AGREEMENT BETWEEN THE CITY COUNCIL
OF THE CITY OF SAN LUIS OBISPO, IN THE COUNTY OF SAN LUIS OBISPO,
STATE OF CALIFORNIA, AND PIERRE AND TERRI RADEMAKER,
OWNERS OF A DESIGNATED HISTORIC RESOURCE
AT 1333 MILL STREET, SAN LUIS OBISPO
WHEREAS, in 1983 the City Council adopted Resolution No. 5197 establishing the
"Master List of Historic Resources ", and in 1986 adopted Resolution No. 6097 establishing
Historical Preservation Guidelines, including procedures for adding properties to the listing; and
WHEREAS, as provided by adopted procedures, the Cultural Heritage Committee held a
public hearing on March 24, 2008, to consider a request by Pierre and Terri Rademaker, owners at
1333 Mill Street, to add said property to the Master List of Historic Resources and enter into a
Mills Act historic property preservation agreement; and
WHEREAS, the Cultural Heritage Committee reviewed the historical documentation on
the property and recommended that the City Council add the property to the Master List and
approve a Mills Act contract; and
WHEREAS, the City Council of the City of San Luis Obispo is authorized by California
Government Code Section 50280 et seq. (Known as "the Mills Act ") to enter into contracts with
the owners of qualified historical properties to provide for appropriate use, maintenance, and
rehabilitation such that these historic properties retain their historic characteristics; and
WHEREAS, the City Council has adopted Resolution No. 9136 (2000 Series),
establishing the Mills Act Historic Property Tax Incentive Program as an on -going historic
preservation program to promote the preservation, maintenance and rehabilitation of historic
resources through financial incentives; and
WHEREAS, the City Council of the City of San Luis Obispo has designated this property
as a historic resource of the City of San Luis Obispo pursuant to the policies in the City's Historic
Preservation Program Guidelines; and
WHEREAS, the City and owners, for their mutual benefit, now desire to enter into this
agreement to limit the use of the property to prevent inappropriate alterations and to ensure that
character - defining features are preserved and maintained in an exemplary manner, and repairs
and/or improvements are completed as necessary to carry out the purposes of California
Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Sec. 50280 et seq., and to
qualify for an assessment of valuation pursuant to Article 1.9, Sec. 439 et. seq. of the Revenue and
Taxation Code.
...�.
0
Resolution No. 9989 (2008 Series)
Page 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. Historic Preservation Agreement approved. The City Council hereby approves
the attached historic preservation agreement (Exhibit A) between the City of San Luis Obispo and
the owners, Pierre and Terri Rademaker, running with the property located at 1333 Mill Street,
San Luis Obispo (Burch House), with the following legal description: City of San Luis Obispo,
Block 42, Portion of Lot 2 (Assessor's Parcel Number 001- 223 -004).
SECTION 2. Environmental Determination. The City Council has determined that this
historic preservation agreement is not a project, as defined by Section 15378 of the California
Environmental Quality Act and is exempt from environmental review.
SECTION 3. Recordation of the Agreement. No later than twenty (20) days after the parties
execute and enter into said agreement, the City Clerk shall cause this agreement to be recorded in
the Office of the County Recorder of the County of San Luis Obispo.
Upon motion of Council Member Carter, seconded by Vice Mayor Brown, and on the following
roll call vote:
AYES: Council Members Carter, Mulholland, and Settle, Vice Mayor Brown and Mayor
Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 3`d day of June 2008.
eoA e
Mayor David F. Romero
ATTEST:
— �.� d4� , &,.ell
Audrey Hoop r
City Clerk
v
HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN
LUIS OBISPO AND THE OWNERS OF HISTORIC PROPERTY LOCATED AT 1333 MILL
STREET, IN THE CITY AND COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA.
THIS AGREEMENT is made and entered into this L-' day of A ,4 cis -' _, 2008, by and between
the City of San Luis Obispo, a municipal corporation (hereinafter referred to as the "City "), and Pierre
and Terri Rademaker (hereinafter referred to as "Owners "), and collectively referred to as the "parties."
Section 1. Description of Preservation Measures. The owners, their heirs, or assigns hereby agree to
undertake and complete, at their expense, the preservation, maintenance, and improvements measures
described in "Exhibit A" attached hereto.
Section 2. Effective Date and Term of Agreement. This agreement shall be effective and commence
upon recordation and shall remain in effect for an initial term of ten (10) years thereafter. Each year
upon the anniversary of the agreement's effective date, such initial term will automatically be extended
as provided in California Government Code Section 50280 through 50290 and in Section 3, below.
Section 3. Agreement Renewal and Non - renewal.
a. Each year on the anniversary of the effective date of this agreement (hereinafter referred to as
"annual renewal date"), a year shall automatically be added to the initial term of this agreement
unless written notice of nonrenewal is served as provided herein.
b. If the Owner or the City desires in any year not to renew the agreement, the Owner or the City
shall serve written notice of nonrenewal of the agreement on the other party. Unless such notice
is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or
served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1)
year shall automatically be added to the term of the agreement as provided herein.
c. The Owner may make a written protest of the notice. The City may, at any time prior to the
annual renewal date, withdraw its notice to the Owner of nonrenewal.
d. If either the City or the Owner serves notice to the other party of nonrenewal in any year, the
agreement shall remain in effect for the balance of the term then remaining.
Section 4. Standards and Conditions. During the term of this agreement, the historic property shall
be subject to the following conditions:
a. Owner agrees to preserve, maintain, and, where necessary, restore or rehabilitate the property
and its character- defining features, including: the building's general architectural form, style,
materials, design, scale, proportions, organization of windows, doors, and other openings;
interior architectural elements that are integral to the building's historic character or significance-,
exterior materials, coatings, textures, details, mass, roof line, porch, and other aspects of the
appearance of the building's exterior, as described in Exhibit A, to the satisfaction of the
Community Development Director or his designee.
b. If the building's interior closely relates to the property's eligibility as a qualified historic
property, the Owner agrees to allow pre - arranged tours on a limited basis, to the approval of the
Community Development Director or his designee.
0 C
c. All building changes shall comply with applicable City specific plans, City regulations and
guidelines, and conform to the rules and regulations of the Office of Historic Preservation of the
California Department of Parks and Recreation, namely the U.S. Secretary of the Interior's
Standards for Rehabilitation and Standards and Guidelines for Historic Preservation Projects.
Interior remodeling shall retain original, character - defining architectural features such as oak and
mahogany details, pillars and arches, special tile work, or architectural ornamentation to the
greatest extent possible.
d. The Community Development Director shall be notified by the Owner of changes to character -
defining exterior features prior to their execution, such as major landscaping projects and tree
removals, exterior door or window replacement, repainting, remodeling, or other exterior
alterations requiring a building permit. The Owner agrees to secure all necessary City approvals
and/or permits prior to changing the building's use or commencing construction work.
e. Owner agrees that property tax savings resulting from this agreement shall be used for property
maintenance and improvements as described in Exhibit A.
f. The following are prohibited: demolition or partial demolition of the historic building or
accessory buildings; exterior alterations or additions not in keeping with the standards listed
above; dilapidated, deteriorating, or unrepaired structures such as fences, roofs, doors, walls,
windows; outdoor storage of junk, trash, debris, appliances, or furniture visible from a public
way; or any device, decoration, structure, or vegetation which is unsightly due to lack of
maintenance or because such feature adversely affects, or is visually incompatible with, the
property's recognized historic character, significance, and design as determined by the
Community Development Director.
g. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and
exterior of the historic property by representatives of the County Assessor, the State Department
of Parks and Recreation, the State Board of Equalization, and the City as may be necessary to
determine the owners' compliance with the terms and provisions of this agreement.
Section 5. Furnishing of Information. The Owner hereby agrees to furnish any and all information
requested by the City which may be necessary or advisable to determine compliance with the terms and
provisions of this agreement.
Section 6. Cancellation.
a. The City, following a duly - noticed public hearing by the City Council as set forth in Government
Code Section 50285, may cancel this agreement if it determines that the Owner has breached any
of the conditions of this agreement or has allowed the property to deteriorate to the point that it
no longer meets the standards for a qualified historic property; or if the City determines that the
Owner has failed to preserve, maintain, or rehabilitate the property in the manner specified in
Section 4 of this agreement. If a contract is cancelled because of failure of the Owner to
preserve, maintain, and rehabilitate the historic property as specified above, the Owner shall pay
a cancellation fee to the State Controller as set forth in Government Code Section 50286, which
states that the fee shall be 12 1h% of the full value of the property at the time of cancellation
without regard to any restriction imposed with this agreement.
o
b. If the historic property is acquired by eminent domain and the City Council determines that the
acquisition frustrates the purpose of the agreement, the agreement shall be cancelled and no fee
imposed, as specified in Government Code Section 50288.
Section 7. Enforcement of Agreement.
a. In lieu of and/or in addition to any provisions to cancel the agreement as referenced herein, the
City may specifically enforce, or enjoin the breach of, the terms of the agreement. In the event
of a default, under the provisions to cancel the agreement by the Owner, the City shall give
written notice of violation to the Owner by registered or certified mail addressed to the address
stated in this agreement. If such a violation is not corrected to the reasonable satisfaction of the
Community Development Director or designee within thirty (30) days thereafter; or if not
corrected within such a reasonable time as may be required to cure the breach or default of said
breach; or if the default cannot be cured within thirty (30) days (provided that acts to cure the
breach or default may be commenced within thirty (30) days and shall thereafter be diligently
pursued to completion by the Owner); then the City may, without further notice, declare a default
under the terms of this agreement and may bring any action necessary to specifically enforce the
obligations of the Owner growing out of the terms of this agreement, apply to any court, state or
federal, for injunctive relief against any violation by the owners or apply for such relief as may
be appropriate.
b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel
this agreement. All other remedies at law or in equity which are not otherwise provided for in
this agreement or in the City's regulations goveming historic properties are available to the City
to pursue in the event that there is a breach or default under this agreement. No waiver by the
City of any breach or default under this agreement shall be deemed to be a waiver of any other
subsequent breach thereof or default herein under.
c. By mutual agreement, City and Owner may enter into mediation or binding arbitration to resolve
disputes or grievances growing out of this contract.
Section 8. Binding Effect of Agreement. The Owner hereby subjects the historic property located at
1333 Mill Street, San Luis Obispo, California, to the covenants, reservations, and restrictions as set forth
in this agreement. The City and Owner hereby declare their specific intent that the covenants,
reservations, and restrictions as set forth herein shall be deemed covenants running with the land and
shall pass to and be binding upon the Owner's successors and assigns in title or interest to the historic
property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the
historic property or any portion thereof, shall conclusively be held to have been executed, delivered, and
accepted subject to the covenants, reservations, and restrictions expressed in this agreement regardless
of whether such covenants, restrictions, and reservations are set forth in such contract, deed, or other
instrument.
Section 9. Notice. Any notice required by the terms of this agreement shall be sent to the address of the
respective parties as specified below or at other addresses that may be later specified by the parties
hereto.
To City: Community Development Director
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
o
To Owners: Pierre Rademaker
Terri Rademaker
1333 Mill Street
San Luis Obispo, CA 93401
Section 10. General Provisions.
a. None of the terms, provisions, or conditions of this agreement shall be deemed to create a
partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall
such terms, provisions, or conditions cause them to be considered joint ventures or members of
any joint enterprise.
b. The Owner agrees to hold the City and its elected and appointed officials, officers, agents, and
employees harmless from liability for damage or from claims for damage for personal injuries,
including death, and claims for property damage which may arise from the direct or indirect use
or activities of the Owner, or from those of their contractor, subcontractor, agent, employee, or
other person acting on the Owner's behalf which relates to the use, operation, maintenance, or
improvement of the historic property. The Owner hereby agrees to and shall defend the City and
its elected and appointed officials, officers, agents, and employees with respect to any and all
claims or actions for damages caused by, or alleged to have been caused by, reason of the
Owner's activities in connection with the historic property, excepting however any such claims
or actions which are the result of the sole negligence or willful misconduct of City, its officers,
agents, or employees.
c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged
to have been suffered, and costs of defense incurred, by reason of the operations referred to in
this agreement regardless of whether or not the City prepared, supplied, or approved the plans,
specifications, or other documents for the historic property.
d. All of the agreements, rights, covenants, reservations, and restrictions contained in this
agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs,
successors, legal representatives, assigns, and all persons acquiring any part or portion of the
historic property, whether by operation of law or in any manner whatsoever.
e_ In the event legal proceedings are brought by any party or parties to enforce or restrain a
violation of any of the covenants, reservations, or restrictions contained herein, or to determine
the rights and duties of any party hereunder, the prevailing party in such proceeding may recover
all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief
ordered by the court.
f. In the event that any of the provisions of this agreement are held to be unenforceable or invalid
by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and
enforceability of the remaining provisions, or portions thereof, shall not be affected thereby.
g. This agreement shall be construed and governed in accordance with the laws of the State of
California.
Section 11. Amendments. This agreement may be amended, in whole or in part, only by a written
recorded instrument executed by the parties hereto.
N
Section 12. Recordation and Fees. No later than twenty (20) days after the parties execute and enter
into this agreement, the City shall cause this agreement to be recorded in the office of the County
Recorder of the County of San Luis Obispo. Participation in the program shall be at no cost to the
Owner; however the City may charge reasonable and necessary fees to recover direct costs of executing,
recording, and administering the historical property contracts.
IN WITNESS WHEREOF, the City and Owners have executed this agreement on the day and
year written above.
CITY OF SAN LUIS OBISPO
Mayor David F. Romero
OWNERS
Pierre Rademaker
Terri Rademaker
STATE O ALIFORNIA )
) ss.
COUNTY OF LUIS OBISP )
On this day of
and for said State, pe nally appeared _
the City of San Luis Obi o, a municipal
of California.
,z5v
2008,
existing
- /4{— S
Date
Date
• i r ,
Date
me, the un rsigned, a Notary Public in
laio o me to be a mayor of
organized un r the laws the State
Witness my hAo and official seal.
� G
STATE OF CALIFORNIA )
)Ss
COUNTY OF SAN LUIS OBISPO )
On August 14 2008 before me Audrey Hooper, City Clerk, personally appeared David F.
Romero , Mayor, CITY OF SAN LUIS OBISPO, who proved to me on the basis of satisfactory
evidence to be the person( whose name(J6 is/are subscribed to the within instrument and
acknowledged to me that he /she>tey executed the same in his&MlMetr authorized capacity(iA),
and that by his/herf it signatur on the instrument the person(, or the entity upon behalf of
which the person(,] acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct-
WITNESS my hand and official seal.
Signature
a-1 64�� -
CAy Clerk
M
0
• .r:,.:,�:�.- � <iz::� -..r •:4. , v!< iviiCti�% iir�' �i.' v, �ay.=' v. �,' ac;: 3�%' X.% ti.., v. �' )i.."�f».��•�iL'�LraiG'y'cv��aV
State of California
County of L.L--�s 5bd'sp /� // !
On OPT --Q before me, Lr
Dffie Here Insert Name tl Title of Ne O
^ n r
I I
personally appeared
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(sliefare subscribed to the
within instrument and acknowledged to me that
,h(90-6(hey executed the same in Jaiiv a heir authorized
capacity(ies), and that by pk*lef7their signature(s) on the
-- instrument the person(s), or the entity upon behalf of
lA1IRIE L. MANSON which the person(s) acted, executed the instrument.
Commudon * I "1155
notary two - Cdltoma
&in Luis OwWo County I certify under PENALTY OF PERJURY under the laws
ppmn M 1:4, 7Gi2 of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal
Signature f
Place Notary Seal Ab0Ve Signature Of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Dociumentp,
Title or Type of Document: 0.14 ex H
Document Date: &I AR `1-1; Number of Pages:
Signer(s) Other Than Named Above: _ 1%4.4 a
Capacity(ies) Claimed by Signer(s)
Signer's Name: Pr
Individual
Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact Top of thumb here
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name: ]J'r"t !l /4 �e-n a-L r
,Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact Top of thumb here
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
o �
MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY
LOCATED AT 1333 MILL STREET, SAN LUIS OBISP09 CALIFORNIA
1. Owner shall preserve, maintain, and repair the historic building, including its character - defining
architectural features in good condition, to the satisfaction of the Community Development Director or
designee, pursuant to a Mills Act Preservation Contract with the City of San Luis Obispo for property
located at 1333 Mill Street. Character - defining features shall include, but are not limited to: roof,
eaves, dormers, trim, porches, walls and siding, architectural detailing, doors and windows, window
screens and shutters, balustrades and railings, foundations, and surface treatments.
2. Owner agrees to make the following improvements and/or repairs during the term of this contract
but in no case later than ten (10) years from the contract date. All changes or repairs shall be consistent
with the City's Historic Preservation Program Guidelines and the Secretary of the Interior's Standards
for the Treatment of Historic Properties:
a. Remove 1950's stucco overlay on lower level.
b. Restore original hand - applied pebble -dash stucco texture.
c. Restore and repaint all wood window sashes and trim.
d. Restore and repaint remaining exterior woodwork.
e. Install properly- designed copper gutters.
f. Replace cracked driveway with red brick pavers.
g. Replace sewer lateral to the street.
h. Install new front yard irrigation system.
i. Re -sod and re- landscape front yard and parkway.
j. Remove grape stake fencing and replace with period- appropriate material.
k. Replace aluminum garage door with appropriately- designed units.
1. Re -roof garage and replace rotted rafter tails and fascia boards.
m. Replace damaged rear stairs and decks.
n. Install appropriate exterior lighting.
OWNERS
• Rademiaker
Terri Rademaker
Date
S— F- -08'
Date
0 0
RESOLUTION NO. 9988 (2008 Series)
A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO
APPROVING A HISTORIC PROPERTY PRESERVATION AGREEMENT
BETWEEN THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO,
IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AND
MATTHEW QUAGLINO, OWNER OF A DESIGNATED HISTORIC RESOURCE
AT 1266 MILL STREET, SAN LUIS OBISPO
WHEREAS, the City Council of the City of San Luis Obispo is authorized by California
Government Code Section 50280 et seq. (Known as "the Mills Act ") to enter into contracts with
the owners of qualified historical properties to provide for appropriate use, maintenance, and
rehabilitation such that these historic properties retain their historic characteristics; and
WHEREAS, the City Council has adopted Resolution No. 9136 (2000 Series),
establishing the Mills Act Historic Property Tax Incentive Program as an on -going historic
preservation program to promote the preservation, maintenance and rehabilitation of historic
resources through financial incentives; and
WHEREAS, the owner possesses fee title in and to that certain qualified real property,
together with associated structures and improvements thereon, located on Assessor's Parcel
Number 001- 212 -024, located at 1266 Mill Street, San Luis Obispo, California 93401, also
described as the "historic Shipsey House ", (hereinafter referred to as the "historic property"); and
WHEREAS, the City Council of the City of San Luis Obispo has designated this property
as an historic resource of the City of San Luis Obispo pursuant to the policies in the City's
Historic Preservation Program Guidelines; and
WHEREAS, the City and owners, for their mutual benefit, now desire to enter into this
agreement to limit the use of the property to prevent inappropriate alterations and to ensure that
character- defining features are preserved and maintained in an exemplary manner, and repairs
and/or improvements are completed as necessary to carry out the purposes of California
Government Code, Chapter 1, Part 5 of Division I of Title 5, Article 12, Sec. 50280 et seq., and to
qualify for an assessment of valuation pursuant to Article 1.9, Sec. 439 et. seq. of the Revenue and
Taxation Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. Historic Preservation Agreement approved. The City Council hereby approves
the attached historic preservation agreement between the City of San Luis Obispo and the owners,
Exhibit A.
SECTION 2. Environmental Determination. The City Council has determined that this
historic preservation agreement is not a project, as defined by Section 15378 of the California \
Environmental Quality Act and is exempt from environmental review.
--
G O
Resolution No. 9988 (2008 Series)
Page 2
SECTION 3. Recordation of the Agreement. No later than twenty (20) days after the parties
execute and enter into said agreement, the City Clerk shall cause this agreement to be recorded in
the Office of the County Recorder of the County of San Luis Obispo.
Upon motion of Council Member Carter, seconded by Vice Mayor Brown, and on the
following roll call vote:
AYES: Council Members Carter, Mulholland, and Settle, Vice Mayor Brown and Mayor
Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this eday of June 2008.
Mayor David F. Romero
ATTEST:
Audrey Ho
City Clerk
APPROVED:
Jo athan P. well
Cit mey
0 0
HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN
LUIS OBISPO AND THE OWNERS OF HISTORIC PROPERTY LOCATED AT 1266 MILL
STREET, IN THE CITY AND COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA.
THIS AGREEMENT is made and entered into this _ff�day of , 2008, by and between the
City of San Luis Obispo, a municipal corporation (hereinafter referred to as the "City "), and Matthew
and Joyce Quaglino (hereinafter referred to as "Owners "), and collectively referred to as the "parties."
Section 1. Description of Preservation Measures. The owners, their heirs, or assigns hereby agree to
undertake and complete, at their expense, the preservation, maintenance, and improvements measures
described in "Exhibit A" attached hereto.
Section 2. Effective Date and Term of Agreement. This agreement shall be effective and commence
upon recordation and shall remain in effect for an initial term of ten (10) years thereafter. Each year
upon the anniversary of the agreement's effective date, such initial term will automatically be extended
as provided in California Goverment Code Section 50280 through 50290 and in Section 3, below.
Section 3. Agreement Renewal and Non - renewal.
a. Each year on the anniversary of the effective date of this agreement (hereinafter referred to as
"annual renewal date', a year shall automatically be added to the initial term of this agreement
unless written notice of nonrenewal is served as provided herein.
b. If the Owner or the City desires in any year not to renew the agreement, the Owner or the City
shall serve written notice of nonrenewal of the agreement on the other party. Unless such notice
is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or
served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1)
year shall automatically be added to the term of the agreement as provided herein.
c. The Owner may make a written protest of the notice. The City may, at any time prior to the
annual renewal date, withdraw its notice to the Owner of nonrenewal.
d. If either the City or the Owner serves notice to the other party of nonrenewal in any year, the
agreement shall remain in effect for the balance of the term then remaining.
Section 4. Standards and Conditions. During the term of this agreement, the historic property shall
be subject to the following conditions:
a. Owner agrees to preserve, maintain, and, where necessary, restore or rehabilitate the property
and its character - defining features, including: the building's general architectural form, style,
materials, design, scale, proportions, organization of windows, doors, and other openings;
interior architectural elements that are integral to the building's historic character or significance;
exterior materials, coatings, textures, details, mass, roof line, porch, and other aspects of the
appearance of the building's exterior, as described in Exhibit A, to the satisfaction of the
Community Development Director or his designee.
b. If the building's interior closely relates to the property's eligibility as a qualified historic
property, the Owner agrees to allow pre - arranged tours on a limited basis, to the approval of the
Community Development Director or his designee.
0 0
c. All ,building changes shall comply with applicable City specific plans, City regulations and
guidelines, and conform to the rules and regulations of the Office of Historic Preservation of the
California Department of Parks and Recreation, namely the U.S. Secretary of the Interior's
Standards for Rehabilitation and Standards and Guidelines for Historic Preservation Projects.
Interior remodeling shall retain original, character - defining architectural features such as oak and
mahogany details, pillars and arches, special tile work, or architectural ornamentation to the
greatest extent possible.
d. The Community Development Director shall be notified by the Owner of changes to character -
defining exterior features prior to their execution, such as major landscaping projects and tree
removals, exterior door or window replacement, repainting, remodeling, or other exterior
alterations requiring a building permit. The Owner agrees to secure all necessary City approvals
and/or permits prior to changing the building's use or commencing construction work.
e. Owner agrees that property tax savings resulting from this agreement shall be used for property
maintenance and improvements as described in Exhibit A.
f. The following are prohibited: demolition or partial demolition of the historic building or
accessory buildings; exterior alterations or additions not in keeping with the standards listed
above; dilapidated, deteriorating, or unrepaired structures such as fences, roofs, doors, walls,
windows; outdoor storage of junk, trash, debris, appliances, or furniture visible from a public
way; or any device, decoration, structure, or vegetation which is unsightly due to lack of
maintenance or because such feature adversely affects, or is visually incompatible with, the
property's recognized historic character, significance, and design as determined by the
Community Development Director.
g. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and
exterior of the historic property by representatives of the County Assessor, the State Department
of Parks and Recreation, the State Board of Equalization, and the City as may be necessary to
determine the owners' compliance with the terms and provisions of this agreement.
Section 5. Furnishing of Information. The Owner hereby agrees to furnish any and all information
requested by the City which may be necessary or advisable to determine compliance with the terms and
provisions of this agreement.
Section 6. Cancellation.
a. The City, following a duly- noticed public hearing by the City Council as set forth in Government
Code Section 50285, may cancel this agreement if it determines that the Owner has breached any
of the conditions of this agreement or has allowed the property to deteriorate to the point that it
no longer meets the standards for a qualified historic property; or if the City determines that the
Owner has failed to preserve, maintain, or rehabilitate the property in the manner specified in
Section 4 of this agreement. If a contract is cancelled because of failure of the Owner to
preserve, maintain, and rehabilitate the historic property as specified above, the Owner shall pay
a cancellation fee to the State Controller as set forth in Government Code Section 50286, which
states that the fee shall be 12 `` /z% of the full value of the property at the time of cancellation
without regard to any restriction imposed with this agreement.
M
M
b. If the historic property is acquired by eminent domain and the City Council determines that the
acquisition frustrates the purpose of the agreement, the agreement shall be cancelled and no fee
imposed, as specified in Government Code Section 50288.
Section 7. Enforcement of Agreement.
a. In lieu of and/or in addition to any provisions to cancel the agreement as referenced herein, the
City may specifically enforce, or enjoin the breach of, the terms of the agreement. In the event
of a default, under the provisions to cancel the agreement by the Owner, the City shall give
written notice of violation to the Owner by registered or certified mail addressed to the address
stated in this agreement. If such a violation is not corrected to the reasonable satisfaction of the
Community Development Director or designee within thirty (30) days thereafter, or if not
corrected within such a reasonable time as may be required to cure the breach or default of said
breach; or if the default cannot be cured within thirty (30) days (provided that acts to cure the
breach or default may be commenced within thirty (30) days and shall thereafter be diligently
pursued to completion by the Owner); then the City may, without further notice, declare a default
under the terms of this agreement and may bring any action necessary to specifically enforce the
obligations of the Owner growing out of the terms of this agreement, apply to any court, state or
federal, for injunctive relief against any violation by the owners or apply for such relief as may
be appropriate.
b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel
this agreement. All other remedies at law or in equity which are not otherwise provided for in
this agreement or in the City's regulations governing historic properties are available to the City
to pursue in the event that there is a breach or default under this agreement. No waiver by the
City of any breach or default under this agreement shall be deemed to be a waiver of any other
subsequent breach thereof or default herein under.
c. By mutual agreement, City and Owner may enter into mediation or binding arbitration to resolve
disputes or grievances growing out of this contract.
Section 8. Binding Effect of Agreement. The Owner hereby subjects the historic property located at
1266 Mill Street, San Luis Obispo, California, to the covenants, reservations, and restrictions as set forth
in this agreement. The City and Owner hereby declare their specific intent that the covenants,
reservations, and restrictions as set forth herein shall be deemed covenants running with the land and
shall pass to and be binding upon the Owner's successors and assigns in title or interest to the historic
property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the
historic property or any portion thereof, shall conclusively be held to have been executed, delivered, and
accepted subject to the covenants, reservations, and restrictions expressed in this agreement regardless
of whether such covenants, restrictions, and reservations are set forth in such contract, deed, or other
instrument.
Section 9. Notice. Any notice required by the terms of this agreement shall be sent to the address of the
respective parties as specified below or at other addresses that may be later specified by the parties
hereto.
To City: Community Development Director
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
0 0
To Owners: Matthew and Joyce Quaglino
643 Grove Street
San Luis Obispo, CA 93401
Section 10. General Provisions.
a. None of the terms, provisions, or conditions of this agreement shall be deemed to create a
partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall
such terms, provisions, or conditions cause them to be considered joint ventures or members of
any joint enterprise.
b. The Owner agrees to hold the City and its elected and appointed officials, officers, agents, and
employees harmless from liability for damage or from claims for damage for personal injuries,
including death, and claims for property damage which may arise from the direct or indirect use
or activities of the Owner, or from those of their contractor, subcontractor, agent, employee, or
other person acting on the Owner's behalf which relates to the use, operation, maintenance, or
improvement of the historic property. The Owner hereby agrees to and shall defend the City and
its elected and appointed officials, officers, agents, and employees with respect to any and all
claims or actions for damages caused by, or alleged to have been caused by, reason of the
Owner's activities in connection with the historic property, excepting however any such claims
or actions which are the result of the sole negligence or willful misconduct of City, its officers,
agents, or employees.
c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged
to have been suffered, and costs of defense incurred, by reason of the operations referred to in
this agreement regardless of whether or not the City prepared, supplied, or approved the plans,
specifications, or other documents for the historic property.
d. All of the agreements, rights, covenants, reservations, and restrictions contained in this
agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs,
successors, legal representatives, assigns, and all persons acquiring any part or portion of the
historic property, whether by operation of law or in any manner whatsoever.
e. In the event legal proceedings are brought by any party or parties to enforce or restrain a
violation of any of the covenants, reservations, or restrictions contained herein, or to determine
the rights and duties of any party hereunder, the prevailing party in such proceeding may recover
all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief
ordered by the court.
f. In the event that any of the provisions of this agreement are held to be unenforceable or invalid
by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and
enforceability of the remaining provisions, or portions thereof, shall not be affected thereby.
g. This agreement shall be construed and governed in accordance with the laws of the State of
California.
Section 11. Amendments. This agreement may be amended, in whole or in part, only by a written
recorded instrument executed by the parties hereto.
C
Section 12. Recordation and Fees. No later than twenty (20) days after the parties execute and enter
into this agreement, the City shall cause this agreement to be recorded in the office of the County
Recorder of the County of San Luis Obispo. Participation in the program shall be at no cost to the
Owner, however the City may charge reasonable and necessary fees to recover direct costs of executing,
recording, and administering the historical property contracts.
IN WITNESS WHEREOF, the City and Owners have executed this agreement on the day and
year written above.
CITY OF SAN LUIS OBISPO
Mayor David F. Romero
OWNERS
y
Z ;i ��"
Matthew Quaglino
J yae Q ino
TE OF CALIFQI
)VTYOF SAN L
this
and for sai St
the City of
of California.
)
) ss.
OBISPO )
day
Luis Obispo, a
Sr - lq— k
Date
e-- &— 6?
Date
Date
2008, before me,1ke undersi ed, a Notary Public in
own to to be the mayor of
>�existing and organi2h under the4aws of the State
Witness my hand and official seal.
C O
STATE OF CALIFORNIA )
)ss
COUNTY OF SAN LUIS OBISPO )
On August 14 2008 before me Audrey Hoover, City Clerk, personally appeared David F.
Romero. Mayor, CITY OF SAN LUIS OBISPO, who proved to me on the basis of satisfactory
evidence to be the personKwhose name(o is/am- subscribed to the within instrument and
acknowledged to me that heMieAhep executed the same in his/hmttheir authorized capacity(
and that by his&ertthvinstrument ir signature(4on the ins the person(i6, or the entity upon behalf of
which the person( #acted, executed the instrument.
I cff* under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS .my hand and official seal.
Signature
- C' ' lerk
0
M
�atG' .aiL'�niG� = vG- tiL•' YG. itGoavv��aa '�atG•JG'a�,'�atG�L�ntG'v.. *.�iG'�.. =YG�' �" �+>st�av"�ai."" aSL: �aiiG•tiG•'�catLs�ti -'
State of California
County of �)6 n Ly,&-a OhcpC !
• i
personally appeared
l -- f
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s)- 4a'are subscribed to the
within instrument and acknowledged to me that
.IaelsheLthey executed the same in+hs;,%er/their authorized
capacity(ies), and that by hisi4 (their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature .4
Place Notary Seal ADmo ule Notary Public
OPTIONAL '
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer— Title(s): _
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIG.. TTHUMBPRINT
OF SIGNER
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT.THUNISPRINT
OF SIGNER
so
V -✓ - 'V 'V '✓ 'V 'V '✓ '✓ -V ✓ 'Y ✓ 'YGY '✓ 'Y V 'Y '✓C' ✓✓ 'Y '✓ '✓
1.1 I.a • II • .. 'V V Y Y
C
EXHIBIT A
MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY
LOCATED AT 1266 MILL STREET, SAN LUIS OBISPO, CALIFORNIA
1. Owner shall preserve, maintain, and repair the historic building, including its character - defining
architectural features in good condition, to the satisfaction of the Community Development Director or
designee, pursuant to a Mills Act Preservation Contract with the City of San Luis Obispo for property
located at 1266 Mill Street. Character - defining features shall include, but are not limited to: roof,
eaves, dormers, trim, porches, walls and siding, architectural detailing, doors and windows, window
screens and shutters, balustrades and railings, foundations, and surface treatments.
2. Owner agrees to make the following improvements and/or repairs during the term of this contract
but in no case later than ten (10) years from the contract date. All changes or repairs shall be consistent
with the City's Historic Preservation Program Guidelines and the Secretary of the Interior's Standards
for the Treatment of Historic Properties:
a. Replace and/or repair roof to match the original architecture of the house.
b. Repair or replace the exterior siding and trim with new materials where necessary. New
materials shall match that of the original materials.
c. Repair or replace windows as necessary; replacement windows shall match the architectural and
material standards of the original windows.
d. Repair any termite damage as required.
e. Remove the modern exterior stair access to the second floor and replace with period- appropriate
stairs.
f. Paint the exterior of the building to match historic exterior finish treatments. All painted
surfaces shall be properly prepared, Primed, and painted with high- quality exterior paints.
g. Landscape the grounds with period- appropriate landscape design and materials, including the
removal of the existing 6- foot -high fence and asphalt walkways. Install automatic irrigation
system.
h. Install street trees as directed by the City Arborist.
i. Install concrete/brick walkways and rear -yard patios with Victorian-period designs.
OWNERS
Matthew Quaglino
,` If
J e Q glino
V -CY 0p
Date
— K— d b
Date
Date
o
RESOLUTION NO. 9987 (2008 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING COLLECTION OF FEES FOR 2008 -09 FIRE AND LIFE SAFETY
INSPECTIONS OF MULTI- DWELLING PROPERTIES CONTAINING THREE OR
MORE DWELLING UNITS ON THE SECURED PROPERTY TAX ROLL
WHEREAS, the City of San Luis Obispo is required by California Health & Safety Code
Section 17921 annually to inspect multi- dwelling properties containing three or more dwelling
units, including apartments, certain residential condominiums, hotels, motels, lodging houses and
congregate residences; and
WHEREAS, California Health & Safety Code Section 13146 authorizes cities to charge
property owners in recovering the reasonable costs of providing these annual inspections; and
WHEREAS, in accordance with this policy, the Council adopted Resolution Nos. 9799
(2006 Series) and 9889 (2007 Series) updating the master fee schedule, as specifically set forth in
"Exhibit A" hereto, and authorizing the collection of these fees on the secured property tax roll;
and
WHEREAS, the Council desires to continue collection of these fees on the secured
property tax roll for 2008 -09.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that pursuant to California Health & Safety Code Section 13146.2(b) and Municipal
Code Section 3.50, the Council hereby authorizes and directs that Fire and Life Safety Inspection
fees shall be collected on the secured property tax roll for fiscal year 2008 -09. A listing of fees
by assessor's parcel number shall be provided to the County Auditor - Controller for collection on
the 2008 -09 secured property tax roll in accordance with their schedule and data format
requirements.
Upon motion of Council Member Carter, seconded by Vice Mayor Brown, and on the
following roll call vote:
AYES: Council Members Carter, Mulholland, and Settle, Vice Mayor Brown and
Mayor Romero
NOES: None
ABSENT: None
C� �J
Resolution No. 9987 (2008 Series)
Page 2
The foregoing resolution was adopted this 3`d day of June 2008.
Mayor David F. Romero
ATTEST:
APPROVED AS TO FORM:
Jo athan P. well
Ci orney
O' O
Resolution No. 9987 (2008 Series)
Page 3
EXHIBIT A
Apartment Houses
$28.00 per unit per year
Administrative fee of $65.00 per year per facility
$10,000 maximum per property
Fees are waived for units that are built, owned and managed by the San Luis Obispo Housing
Authority, other governmental agencies or not - for -profit housing organizations.
Hotels, Motels, Lodging Houses, Bed & Breakfast Facilities, Youth Hostel Facilities, Senior
Facilities, Sororities, Fraternities and Other Congregate Residences
I to 30 units $200 per year per facility
31 to 80 units $300 per year per facility
More than 80 units $400 per year per facility
These fees are applicable to all multi - dwelling units in the City based on the following
definitions as set forth in the 2007 California Building Code, Chapters 2 and 3.
Apartment house is a residential occupancy containing more than two dwelling units where the
occupants are primarily permanent in nature.
Congregate residence is any building or portion thereof that contains facilities for living,
sleeping and sanitation, as required by this code, and may include facilities for eating and
cooking, for occupancy by other than a family. A congregate residence may be a shelter,
convent, monastery, dormitory, fraternity or sorority house, but does not include jails, hospitals,
nursing homes, hotels, or lodging houses.
Dwelling unit is a single unit providing complete, independent living facilities for one or more
persons including permanent provisions for living, sleeping, eating, cooking, and sanitation.
Hotel or Motel is any building containing six or more guest rooms intended or designed to be
used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping
purposes by guests.
Lodging house is any building or portion thereof containing not more than five guest rooms
where rent is paid in money, goods, labor or otherwise. (A lodging house includes bed &
breakfast facilities and hostels, but excludes single family dwellings).
RESOLUTION NO. 9986 (2008 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADDING PROPERTY LOCATED AT 1052 ISLAY STREET TO THE MASTER LIST
OF HISTORIC RESOURCES AND REMOVING IT FROM THE LIST OF
CONTRIBUTING HISTORIC RESOURCES
WHEREAS, in 1983 the City Council adopted Resolution No. 5197 establishing the
"Master List of Historic Resources ", and in 1986 adopted Resolution No. 6097 establishing
historical preservation program guidelines, including procedures for adding properties to the
listing; and
WHEREAS, as provided by adopted procedures, the Cultural Heritage Committee held a
public hearing on March 24, 2008 to consider a request by Leeanne Singleton, on behalf of
Michael and Sharon Singleton, owners of 1052 Islay Street, to add said property to the Master
List of Historic Resources; and
WHEREAS, said property was being considered for historic status, in part, because of its
architectural style, craftsmanship and aesthetic quality, and environmental design continuity with
its neighborhood setting; and
WHEREAS, at said meeting, the Cultural Heritage Committee reviewed the historical
documentation on the property and recommended that the City Council add the property to the
Master List; and
WHEREAS, this City Council considered this recommendation during an advertised
public hearing on May 06, 2008, pursuant to historic preservation guidelines established by
Council Resolution No. 6157 (1987 Series).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo based on the Cultural Heritage Committee's recommendation, documentation for the
property on file in the Community Development Department, public testimony, the staff report,
and on the City's Historical Preservation Program Guidelines, as follows:
SECTION 1. Findings. The building located at 1052 Islay Street meets the Historic
Preservation Program Guidelines criteria for historic listing as a Master List Property based on
the following findings:
1. The structure is an excellent example of a Neo- Classic Row House architectural style,
and has been restored and its original architectural style and structural integrity have been
maintained.
2. The property is located in a highly visible location of the Old Town Historic District and
reflects and reinforces the unique "rowhouse" setting of that part of the City.
3. The property is associated with prominent citizens who have made significant
contributions to the City through their association with government, the railroad, or civic
Resolution No.. 9986 (2008 eries)
Page 2
groups, namely: Dr. Howard Kirtland, Charles Gates, James Leavitt, and Albert and
Mary Kaufman.
4. The house serves as an example of structures in the Old Town Historic District which
were home to many of San Luis Obispo's citizens that worked for the Southern Pacific
Railroad Company and occupies its original site.
SECTION 2. Addition to Master List of Historic Resources. The property and buildings
located at 1052 Islay Street, to be known as "The Kaufinan House ", are hereby added to the
Master List of Historic Resources, based on historic documentation on file in the Community
Development Department, as described in Exhibit A.
SECTION 3. Environmental Determination.. The City Council has determined that the above
action does not constitute a project, as defined by Section 15378 of the California Environmental
Quality Act and is exempt from environmental review.
SECTION 4. Publish Revised Master List of Historic Resources. The Community
Development Director is hereby directed to amend the Master List of Historic Resources to
include the property listed above and to publish a revised Inventory of Historic Resources for
public distribution.
SECTION 5. Recording of Historic Properties. The Community Development Director is
hereby directed to record the property's historic designation with the County Recorder, pursuant
to State Law.
Upon motion of Vice Mayor Brown, seconded by Council Member Carter, and on the
following roll call vote:
AYES: Council Members Carter, Mulholland, and Settle, Vice Mayor Settle and Mayor
Romero
NOES: None
ABSENT: None
Resolution No. 9986 (2008'Series)
Page 3
The foregoing resolution was adopted this 6`h day of May 2008.
Mayor David F. Romero
ATTEST:
Audrey Hodper
City Clem
APPROVED:
Jonathan P. ell
City ey
Resolution No. 9986 (2008 eries)
Page 4
EXHIBIT A
LEGAL DESCRIPTION OF HISTORIC PROPERTY
Following is a legal description of the property added to the City of San Luis Obispo's
Master List of Historic Resources, by City Council Resolution No. (2008 Series):
1052 Islay Street. (Kaufman House)
City of San Luis Obispo, Dallidet Addition, Block 172, Portion of Lots 16 to 18
(Assessor's Parcel Number (APN #) 003 - 544 -016). Owners: Michael and Sharon
Singelton.
0
RESOLUTION NO. 9985 (2008 Series)
A. RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING LAGUNA LAKE GOLF COURSE FEES
WHEREAS, it is the policy of the City of San Luis Obispo to review program fees on an
ongoing basis; and
WHEREAS, fees are adjusted as required to ensure they remain equitable and adequate
to cover the cost of providing services; and
WHEREAS, an analysis of the Golf Course Fund was performed for 2008 -09 and
presented to the Council for its consideration on May 20, 2008.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Effective July 1, 2008, green fees shall be as follows:
LAGUNA LAKE GOLF COURSE FEES
SECTION 2. The fees for the driving range, wholesale goods, lessons, and other special
activities and promotions shall be set by the Director of Parks & Recreation and the Golf Course
Supervisor.
R 9985
I' 9 -holes
2 "" 9 -holes
Senior /Youth/Student Weekdays:
(Monday through Thursday)
$7.00
$4.75
General Weekdays:
(Monday through Thursday)
$9.00
$4.75
Senior /Youth/Student Weekends:
(Friday through Sunday)
$8.00
$4.75
General Weekends:
(Friday through Sunday)
$10.00
$4.75
Senior /Youth/Student
10-Play Card:
$62.50
General 10-Play Card:
$77.50
Twilight Rate:
$6.25
SECTION 2. The fees for the driving range, wholesale goods, lessons, and other special
activities and promotions shall be set by the Director of Parks & Recreation and the Golf Course
Supervisor.
R 9985
V / v
Resolution No. 9985 (2008 Series)
Page 2
Upon motion of Vice Mayor Brown, seconded by Council Member Mulholland, and on
the following roll call vote:
AYES: Council Members Carter, Mulholland, and Settle, Vice Mayor Brown and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted on this 201h day of May 2008.
Z� �L LC ��
Mayor Dave F. Romero
ATTEST:
APPROVED AS TO FORM:
Lowell
City Attomey
o o
RESOLUTION NO. 9984 (2008 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT NO. 2808
(153 STENNER STREET)
WHEREAS, the City Council made certain findings concerning the vesting tentative map
for Tract 2865, as prescribed in Resolution No. 9829 (2006 Series), and
WHEREAS, the subdivider has completed all required subdivision improvements or
submitted surety bonds to guarantee installation of the required subdivision improvements as
shown on the approved plans, and all fees have been received, as prescribed in the subdivision
agreement, and
WHEREAS, all conditions required per said Resolution No. 9829 (2006 Series) will be
met prior to or concurrent with final recordation of the map.
NOW THEREFORE BE IT RESOLVED AS FOLLOWS:
1. That the final map for Tract No. 2808, as shown on the attached Exhibit "A" is
found to be in substantial compliance with the tentative map.
2. The subdivision agreement for Tract No. 2808 as shown on the attached Exhibit `B"
is hereby approved.
3. Approval of the final map is hereby granted.
Upon motion of Council Member Settle, seconded by Council Member Mulholland, and on
the following roll call vote:
AYES: Council Members Carter, Mulholland, and Settle, Vice Mayor Brown and
Mayor Romero
NOES: None
ABSENT: None
1;;1dfl1
Resolution No. 9984 (2008 Senes)
Page 2
The foregoing resolution was passed and adopted this 20`h day of May 2008.
r
• E. • ' • • -
ATTEST:
Audrey Hooper
City Clerk
APPROVED AS TO FORM:
J nathan well
Ci omey
Exhibit "N'
_ < °� bg.y .spa &_ ypa ♦� u' `$ yj 5 a tSs
�a� 04 e� feig?i m8
M
W
IL
is
�u tea: v fi° sage
Y
° it
Im
xs�1y8 °°
is
a igB a�a a Ea
_ ;�'& e'u�n o $ u ��__€ tic - ^• -�
stl o� g i�
E E o
VA
°tlE fie= o.sE d �" � gr6
_2
is
nf
°•,`te 2.5 =ee
Jk i 8A8
0
�
Exhibit "N'
|!• || ! ! ;E ,
i
| .
]
»
® $ -r
;a#�N
2
,8,
\ƒ2235
:•
�l�:,
®
Exhibit °A"
a�8 0: —
JN e^
' i • 0 4s £ �3, k � �'C � �
& - CO
S 5 — U) 4i
E:zL tiry � \
EQry -•ca �b�ll _°
U
C?
:r o s? 5.8
g, CF) _a
LL
s -I4r),Ol xl ° €\ %s /rvyzr), ro osr(w),of riff
CC) (N),r_:9S IN8M 7.00,1LAN sbunag Jo
�) 47 awl r (nxzp0) — — Jauua —III -- —
(Wifab'ni
\ •^ � (n),.9601 (IpN�Jtpm6NW),GG'JOf
co
gpi
V
St
_o
L) r
_ m
—0I �2
CI Ls-) _ - �'p YP:.W Lrl
Sri ry
_ ry % >r 4 � u
Cj
\ (aalctazrr.re(at - - t,�GpoF31p=0a).00ror (w).ronor
CL g \ \
Li \ t 3 L
J7 ill 2. C)
\ ;Otl),r Sr,J.YLCN ;rv),i "Sa53,fgEACOn �
r i&149ey* (M),f6609 J, 1 U LOON ;W),(56093.rh,50.E0N —
47 CC1 C
CL
Er'a 8 xr � �' ...• c \
h
Lr) C L
j
exhibit "XI
z .ae r W g 99
Vie° .rn §'eip•SLL" ..
At
gs dd, 6a3 S�I
rr - E= Z�.gy•�ps]f i
hails aauuals
(N).Z931I M,OO,11.00 s � <�2�nA
\ .................. ............... ...... ...............-- -_____ ...__........... _......... -- _____. ............
..r..00.1:.CJN ___ ................. .... ___ \
AK
.SSm M .fl,rl.✓J S
� 12
Lr E r�I
8 3 II I•' CC vlL L 3 S �a I
1r01M iV.VI. $" ".Me 3.27>,11.0N
FV
—I g
cspg
1z M19.11pasL
r T,W'Z_> 7,pQY1.;1O N� /_rrbl 1_s1, >cOJ N — 00 — — — +v e.ruLGC s
.00 0? 1 ralLOON auM.r..n.w: _�.!- hM— t9— il.00s T
�� • —11 f es_
Im Iw "I wl
L —L_ — .;9;Y M,1O,rLOO S Art JXAWM _ -1 —J
,99DZ 3.w--," ON
.O9'SZ M.5O,1LCO9 ,9916
az9r
(Nf ,tY'ZYI 7,90,11.00 N —'
'D
SUBDIVISION AGREEMENT
EXHIBIT 8
THIS AGREEMENT is dated this 2:� day of In,4 ✓ 200 'by and
between Ocean Ridge Development Group, LLC, a California Limited Liability Company,
herein referred to as "Subdivider," and the CITY OF SAN LUIS OBISPO, herein referred to
as the "City."
RECITALS
REFERENCE IS HEREBY MADE to that certain proposed subdivision of real
property in the City of San Luis Obispo, County of San Luis Obispo, State of California, a
description of which is shown on the Final Map of Tract 2808, City of San Luis Obispo,
-Ct'q
California, as approved by the City Council on the day of ? �, 200'K
The Subdivider desires that said Tract No. 2808 be accepted and approved as a
Final Map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 16
of the San Luis Obispo Municipal Code), and
It is a condition of said regulations that the Subdivider agree to install the
improvements as set forth on the plans therefore.
TERMS AND CONDITIONS:
In consideration of the foregoing,, the Subdivider does hereby agree to construct
and install the following subdivision improvements in accordance with said subdivision
regulations, and in accordance with approved plans and specifications on file in the office
of the City Engineer, City of San Luis Obispo, to wit:
1. CURB, GUTTERS AND SIDEWALKS
2. STREET BASE AND SURFACING
X
U
0
3. WATER MAINS and SEWER MAINS, including sewer laterals and water services
4. LANDSCAPING
5. DRAINAGE STRUCTURES
6. STREET LIGHTS
7. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to the
inspection and approval of such facilities by the City, each public utility shall be
required to file a letter stating that the developer has properly installed all facilities to
be provided by him, and that the said utility is prepared to provide service to
residents upon request.
8. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by City
regulations.
All of the above facilities shall be installed in the locations designated and to the plans and
specifications on file and approved by the City.
The lines and grades for all of said improvements shall be established by the
Subdivider in accordance with said approved plans and specifications.
The Subdivider agrees that all of the above improvements shall be completed to the
satisfaction of the City prior to map recordation.
No building permits will be issued nor occupancy granted after the expiration date
of the agreement until completion and acceptance of all subdivision improvements unless
specifically approved by the City.
The Subdivider does also agree to comply with the conditions established by the
Planning Commission and/or the City Council and has paid the necessary fees as
indicated on the attached Exhibits 1 and 2.
The restoration of lost section comers and retracement of section lines within the
Subdivision shall be in accordance with Article 5, paragraph 8771 et seq., of the
0
Professional Land Surveyors Act, Chapter 15 of the Business and Professions Code of the
State of California.
The estimated cost of the required subdivision improvements is $313,000.
Subdivider agrees to remedy any defects in the improvements arising from faulty
workmanship or materials or defective construction of said improvements occurring within
twelve (12) months after final inspection approvals for all permits authorizing the
improvements. Subdivider has submitted a security in the amount of $31,300, which is
10% of the estimated cost of the required subdivision improvements, that amount being
deemed sufficient to guarantee faithful performance by the Subdivider of his obligation to
remedy any defects in the improvements arising within a period of one year following the
completion and acceptance thereof.
Completion of the work shall be deemed to have occurred on the date final
inspection approvals have been granted for all permits authorizing the improvements.
Neither periodic nor progress inspections or approvals shall bind the City to accept said.
improvements or waive any defects in the same or any breach of this agreement.
Title 16 of the San Luis Obispo Municipal Code, entitled "Subdivision," all plans and
specifications on file with said City Engineer as a part of said Subdivision Map, and all
other documents filed with the City by the Subdivider and approved by the City are hereby
referred to for further particulars in interpreting and defining the obligations of the
Subdivider under this agreement.
Pursuant to Government Code Section 66474.9(b), the subdivider shall defend,
indemnify and hold harmless the City and/or its agents, officers and employees from
0 0
any claim, action or proceeding against the City and /or its agents, officers or employees
to attack, set aside, void or annul, the approval by the City of this subdivision, and all
actions relating thereto, including but not limited to environmental review.
It is understood and agreed by and between the Subdivider and the City hereto that
this agreement shall bind the heirs, executors, administrators, successors and assigns of
the respective Parties to this agreement.
It is agreed that the Subdivider will fumish copies of the successful bidder's contract
unit prices and total bid prices for all of the improvements herein referred to.
IN WITNESS WHEREOF, this agreement has been executed by:
CITY OF SAN LUIS OBISPO
MAYOR David F. Romero
�� a�G.! l
i. ...-
APPROVED AS TO FORM:
CITY ORNEY Jonathan P. Lowell
SUBDIVIDER
Ocean Ridge Development Group, LLC,
a California IVimited Liability Company
It's:
J
EXHIBIT 1
TRACT 2808
SUBDIVISION AGREEMENT
O
1. Park -in -lieu fees have been paid, as listed in the attached EXHIBIT 2.
2. Water and sewer impact fees shall be paid at time of building permits through the
Community Development Department per the fee schedule in effect at that time.
3. Transportation impact fees shall be paid at time of building permits through the Community
Development Department per the fee schedule in effect at that time.
4. The subdivider shall comply with all requirements of Council Resolution No. 9829 (2006
Series) approving the tentative map.
K
EX WIT 2
TRACT 2808- FEE AND BOND LIST
Amount Form Date Received
Bonds mid Guarmuees:
101/o Warranty and Defective Material
$31,300
Letter of Credit
5/7108
Monument Guaramee
N/A
Monuments to be
set prior to Wrap
recordation
Fees:
Map Check Fee
S-3,6-9,0-
Check
6/1/07
Plan Check Fee
N/A
Improvement Plan Inspection
N/A
Park In -Lieu Fee'
$22,691
Credit Card
5/7108
Water Impact Fee'
To be paid at time
of building permit
Wastewaterlmpact Fee'
To be paid at time
of building permit
Transportation Impact Fee'
To be paid at time
of building permit
1 All Impact Fees are adjusted annually (July 1) based on CPI. Credit given for demolished units.
O O
RESOLUTION NO. 9983 (2008 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADDING 2243 SANTA YNEZ TO THE MASTER LIST OF HISTORIC RESOURCES AND
PROPERTIES LOCATED AT 2859 405, AND 495 BUENA VISTA, 398 SAN MIGUEL, 2102,
2122, AND 2160 LOOMIS TO THE CONTRIBUTING PROPERTIES LIST OF HISTORIC
RESOURCES.
WHEREAS, in 1983 the City Council adopted Resolution No. 5197 establishing the "Master List
of Historic Resources" and "Contributing Properties List" (collectively referred to as "Historic Resources "),
along with procedures for adding properties to the listing; and
WHEREAS, on April 28, 2008, the Cultural Heritage Committee held a public hearing to consider
recommending to the City Council the addition of eight properties in the City of San Luis Obispo to the
Historic Resource List due to their historical and/or architectural significance to their neighborhood and to
the community; and
WHEREAS, at said meetings, the Cultural Heritage Committee reviewed the historical
documentation on the property of 2243 Santa Ynez and recommended that the City Council add the
property to the Master List of Historic Resources; and
WHEREAS, at said meetings, the Cultural Heritage Committee reviewed the historical
documentation on the following properties and recommended that the City Council add these properties to
the Contributing Properties List of Historic Resources:
1. 285, 405, and 495 Buena Vista
2. 398 San Miguel
3. 2102, 2122, and 2160 Loomis
WHEREAS, this City Council considered this recommendation at an advertised public meeting on
May 20, 2008 pursuant to historic preservation guidelines established by Council Resolution No. 6157
(1987 Series).
NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo that
based on the Cultural Heritage Committee's recommendation, documentation as described in the Historical
Resource Inventory for each property, on file in the Community Development Department, public
testimony, the staff report, and on the City's Historic Preservation Program Guidelines the following:
SECTION 1. Addition to the Master List of Historic Resources. The property located at 2243 Santa
Ynez has been found to meet the eligibility criteria for inclusion on the Master List of Historic Resources
due to its unique design and exceptional masonry craftsmanship, and is hereby added to the Master List of
Historic Resources as a Type 5 property, and shall be designated as the historic "Faulstich House."
SECTION 2. Addition to Contributing Properties List. The following properties have been found to
contribute to the historic and architectural character of the City and to meet the criteria for inclusion on the
Contributing Properties List due to their age, retention of original architectural character, and contribution
to the architectural and historical character of the Monterey Heights neighborhood and are hereby deemed
Contributing Properties:
Resolution No. 9983 (2008 Series)
Page 2
1. 285, 405, and 495 Buena Vista
2. 398 San Miguel
3. 2102, 2122, and 2160 Loomis
SECTION 3. Environmental Determination. The City Council hereby determines that this action is not
a "project" as defined in Article 20 of the California Environmental Quality Act (CEQA) since it does not
have the potential for resulting in a physical change in the environment, and therefore, is not subject to
environmental review requirements.
SECTION 4. Publish Revised Contributing Properties List. The Community Development Director is
hereby directed to amend the Contributing Properties and Master Lists to include the properties listed above
and to publish revised historic resource listings for public distribution.
SECTION 5, Recording of Historic Properties. The City Clerk is hereby directed to record the
properties' historic designation with the County Recorder, pursuant to State Law.
On motion of Council Member Settle, seconded by Council Member Mulholland and
on the following roll call vote:
AYES: Council Members Carter, Mulholland, and Settle, Vice Mayor Brown and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 20th day of May 2008.
S
Mayor David F. Romero
ATTEST:
Audrey Ho
o
City Clerk
APPROVED AS TO FORM:
Jo 4g !well
City Attorney
RESOLUTION NO. 9982 (2008 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AN AMENDMENT TO THE MITCHELL PARK MASTER PLAN TO
REFLECT A CHANGE OF USE IN THE AREA DESIGNATED FOR A SPECIALTY
GARDEN TO ALLOW FOR A PARKING LOT
WHEREAS, the Master Plan for the renovation and improvement of Mitchell Park was
adopted by the City Council by its Resolution No. 9235 (2001 Series) on October 2, 2001; and
WHEREAS, as part of the 2007 -09 Financial Plan, the City Council established a. Major
City Goal to enhance senior citizen facilities through improvements to the current senior center
in Mitchell Park, and the pursuit of plans for a future senior center; and
WHEREAS, the work program established for the Major City Goal includes a capital
improvement project to construct a parking lot behind the Senior Center in Mitchell Park in an
area designed in the Mitchell Park Master Plan for a specialty garden; and
WHEREAS, in accordance with the California Environmental Quality Act Guidelines,
a Negative Declaration of environmental impact, dated March 26, 2008; was prepared, and
WHEREAS, the Mitchell Park Master Plan should be amended to reflect a change of
use for the project site from a specialty garden to a parking lot.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San
Luis Obispo that it hereby adopts the Negative Declaration and amends the Mitchell Park
Master Plan, as approximately depicted in Exhibit A.
Upon motion of Vice Mayor Brown, seconded by Council Member Carter, and on the
following roll call vote:
AYES: Council Member Carter, Vice Mayor Brown and Mayor Romero
NOES: Council Members Mulholland and Settle
ABSENT: None
Resolution No. 9982 (200a 0 cries) O
Page 2
The foregoing resolution was adopted this 6h day of May 2008.
� 7
Mayor David F. Romero
ATTEST:
,q�, x �-, 'e-� L/, - �/-- — - - /- Z
Audrey Hooper
City Clerk
APPROVED AS TO FORM:
Jo athan P owell
City orney
EXHIBIT
00C I
Ego SM-9,)Utesl Al NVId
----------
........ ---
POW
i PAO
MI.
VI
or Rlj T!, - Nx [�i
ON I 44A
AOJO rv-
%vo; .0
w
050
M
'WKS
R. SM
: mavM
gg
ng �J!
-1-11.0 ... IM
A
pil
I i 11
Ell ill;
rN
RESOLUTION NO. 9981 (2008 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT NO. 2832
(1063 Ella Street)
WHEREAS, the City Council made certain findings concerning Tract 2832, as
prescribed in Resolution No. 9801 (2006 Series); and
WHEREAS, the City Council approved the final map for Tract 2832 pursuant to
Resolution No. 9918 (2007 Series); and
WHEREAS, the subdivider has satisfactorily completed the public improvements for
Tract 2832, in accordance with City standards, specifications and the approved plans, and has
requested acceptance of the public improvements for maintenance and operation by the City.
The private improvements have been completed per plan; and
WHEREAS, the subdivider has satisfactorily completed the private improvements for
Tract 2832, in accordance with City standards, specifications and the approved plans, and has
requested that the city certify completion of these private improvements.
NOW THEREFORE, BE IT RESOLVED, the City Council hereby accepts the public
improvements and certifies completion of the private improvements for Tract 2832.
On motion of Vice Mayor Brown, seconded by Council Member Carter and on the
following vote:
AYES: Council Members Carter, Mulholland, and Settle, Vice Mayor Brown and Mayor
Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 6`n day of May 2008.
Mayor David F. Romero
ATTEST:
/ 03
Audrey Hooper
City Clerk
APPROVED AS TO FORM:
J natha . Lowell
City Attorney
LN
K
RESOLUTION NO. 9980 (2008 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING ACCEPTANCE OF AN OPEN SPACE AND PUBLIC ACCESS
EASEMENT ON REAL PROPERTY
WHEREAS, San Luis Obispo Lodge #322, Benevolent and Protective Order of Elks of
the United States of America, ( "Grantor ") is the owner in fee simple of certain real property in
the City of San Luis Obispo County; California, described as Assessor's Parcel Number 053 -011-
026 ( "the "Property "); and
WHEREAS, portions of said Property possess high natural resource values, scenic open
space values, public recreational values, and importance for stormwater management
(collectively, the "Conservation Values ") of great importance to Grantor, the people of the City
of San Luis Obispo, and the people of the State of California; and
WHEREAS, Grantor intends that the conservation values of said portions of the Property
be preserved and maintained by the continuation of currently existing land use patterns; and
WHEREAS, Grantor further intends, as owner of the Property, to convey to the City of
San Luis Obispo the right to preserve, protect, and manage the conservation values of said
portions of the Property in perpetuity; and
WHEREAS, the City of San Luis Obispo is a chartered municipal corporation of the
State of California that is authorized by law to accept Open Space and Public Access Easements;
and
WHEREAS, the City of San Luis Obispo agrees by accepting this gift to honor the
intentions of Grantor stated herein and to preserve and protect in perpetuity the conservation
values of said portions of the Property for the benefit of this generation and the generations to
come.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis
Obispo hereby:
Authorizes acceptance of the offer of donation of an Open Space and Public
Access Easement from San Luis Obispo Lodge #322, Benevolent and
Protective Order of Elks of the United States of America, covering a portion
of Assessor's Parcel Number 053 -011 -026, subject to non - substantive
changes approved by the City Attorney.
2. Authorizes and directs the Mayor to accept said Open Space and Public
Access Easement on behalf of the City of San Luis Obispo.
-6 1
0 0
Resolution No. 9980 (2008 Series)
Page 2
On motion of Vice Mayor Brown, seconded by Council Member Carter and on the
following vote:
AYES: Council Members Carter, Mulholland, and Settle, Vice Mayor Brown and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 6`h day of May 2008.
Mayor David T. Romero
ATTEST:
dm�& 2a-.
Audrey Ho er
City Clerk
APPROVED AS TO FORM:
J ath Lowell
City Attorney
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City Clerk's Office
CITY OF SAN LUIS OBISPO
990 Palm St-eet
San Luis Obispo, CA 93401
JULIE RODL _ALD IF
San Luis Obispo County— Clerk/Recorder 11IRM008
Recorded at the request of 2:31 PM
Public
uoc #: 2009059165
I
Titles: 1
Pages: 14
Fees
0.00
Taxes
0.00
Others
0.00
PAID
$0.00
This document is recorded for the benefit of the City of San Luis Obispo, A Municipal
Corporation, and is exempt from fee per Government Code Sections 27383.
OPEN SPACE AND PUBLIC ACCESS EASEMENT AGREEMENT BETWEEN
SAN LUIS OBISPO ELKS LODGE AND THE CITY OF SAN LUIS OBISPO
ejef
LJ
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of San Luis Obispo
Attn: City Clerk
990 Palm Street
San Luis Obispo, CA 93401 -3249
OPEN SPACE AND PUBLIC ACCESS EASEMENT AGREEMENT
This Open Space and Public Access Easement Agreement, made and entered into
This 2 I day of Oc hL"Aer ,2009, by and between SAN LUIS OBISPO LODGE
#322, BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF THE UNITED
STATES IF AMERICA, a California corporation, hereinafter called "Owner ", and the
CITY OF SAN LUIS OBISPO, a municipal corporation of the State of California.
Hereinafter called "City ", is made in regard to the following.
RECITALS
WHEREAS, Owner possesses certain property (the "Subject Property") situated
within the City of San Luis Obispo, described in Exhibit "A ", attached hereto and
incorporated herein, identified as 222 Elks Lane, in the City of San Luis Obispo,
California; and
WHEREAS, the Subject Property has certain natural resources, scenic beauty and
existing openness of importance to the community, including a portion of San Luis
Obispo Creek, and
N
N
WHEREAS, the Subject Property is also the identified route of a non - motorized
trail, known as the Bob Jones Trail, whose development and proper use is a high priority
of the citizens of the City, and
WHEREAS, both Owner and City desire to preserve, conserve, and properly
manage for the public benefit the biological diversity, scenic beauty and existing
openness and other natural conditions on the Subject Property, and
WHEREAS, both Owner and City recognize that the Subject Property requires
expert maintenance in balancing environmental concerns with the need for management
of stormflows occurring within San Luis Obispo Creek from time to time, and
WHEREAS, the Owner has offered to dedicate this open space and public access
easement to preserve the above described values by restricting Owner's use of and
activities on the Subject Property and permitting City's proper use thereof through the
imposition of a perpetual easement with the terms and conditions hereinafter set forth.
NOW THEREFORE, in consideration of the above recitals, in compliance with
Chapter 6.6 of Part 1 of Division 1 of title 5 of the Government Code of the State of
California commencing with Section 51070, and in further consideration of the mutual
promises, covenants and the conditions herein contained and the substantial public
benefits to be derived therefrom, the parties agree as follows:
E
G
1. Owner hereby grants to City an open space and public access easement (the
' Easement's over the portion of the Subject Property (the `Basement Area ")
described in Exhibit `B" attached hereto and incorporated herein. Said grant
of easement conveys to City an estate and interest in the Subject Property.
The purpose of the easement is to protect said biological diversity, natural
scenic beauty and existing openness and other natural conditions, and to
permit the proper management and enjoyment thereof, by voluntarily
restricting the use of the Easement Area as hereinafter set forth. In accepting
said Easement, City hereby accepts the obligation, at its sole cost to:
a. protect and maintain the health of the natural environment found within
the Easement Area, and to provide for appropriate public access to the
Easement Area for public use, education, and enjoyment, and
b. take all actions reasonable and necessary actions to protect the Easement
Area and the Subject Property from erosion created by the San Luis
Obispo Creek
2. The restrictions hereby imposed upon the use of the Easement Area by Owner
and the acts which Owner shall refrain from doing upon the Easement Area
are, and shall be, as follows:
a. Any structure(s), sign(s), or billboard(s) that exist within the Easement
Area at this time can be. maintained and modified as permitted by City
regulations.
C
b. No new sign(s), billboard(s), or similar structure(s) may be located on or
in the Easement Area, except as permitted by City regulations.
c. Owner shall not plant or permit to be planted any vegetation within the
Easement Area, except for erosion control, fire protection, or soil
stabilization as allowed or approved by the City's Natural Resources
Manager or his/her designee.
d. Owner shall not remove or permit to be removed any vegetation within the
Easement Area, except as reasonably necessary for fire protection, hazard
abatement, stormflow management, or replacement or removal of dead
vegetation, as allowed or approved by the City's Natural Resources
Manager or his/her designee.
e. No extraction of surface or subsurface natural resources, or collection of
water, for transfer off of the subject property shall be allowed.
f. Functioning of the Easement Area for wildlife habitat, other benefits to the
natural environment, for stormwater management, and for proper public
use and enjoyment (specifically a non - motorized pedestrian and bicycle
trail) shall take precedence. over all other uses, and public and private
access to the Easement Area shall be controlled by City. Fencing and
signage indicating -the boundaries of the Easement Area and for public
safety or habitat protection shall be installed by City and kept in good
condition. Signage shall be as approved by the Natural Resources
Manager or his/her designee.
g. Any fencing installed on the boundary of the Easement Area shall be done
in a manner mutually agreed upon by the Parties.
3. This Easement shall remain in effect in perpetuity.
4. This grant may not be abandoned by the City except pursuant to all of the
provisions of Section 51093 of the Government Code of the State of
California.
5. This grant of easement, as specified in Section 51096 of the Government
Code of the State of California, upon execution and acceptance in accordance
with Chapter 6.6 of Part 1 of Division 1 of Title 5 of the Government Code of
the State of California commencing with Section 51070, shall be deemed an
enforceable restriction within the meaning of Article 3IIII, Section 8 of the
Constitution of the State of California.
6. Land uses permitted or reserved to the Owner by this grant shall be subject to
the ordinances of the City regulating the use of land.
7. The City shall have the right of access within the Easement Area to remove
any drainage obstructions, and to perform construction work and other erosion
control work required to protect the Easement Area and the Subject Property
from erosion, subject to the review and approval of other agencies with
regulatory control over work done in the riparian corridor, specifically the
State Department of Fish and Game and the U. S. Army Corps of Engineers.
Owner shall be indemnified and held harmless by City for any such activity .
undertaken by City.
•
0
8. All expenses relating to the relocation of existing improvements to
accommodate the Easement shall be the sole responsibility of the City of San
Luis Obispo, including but not limited to existing improvements for
recreational vehicle parking, driveway for lodge use and recreational vehicle
parking, and the existing freshwater well system supplying the property.
9. The City of San Luis Obispo hereby agrees to indemnify and hold harmless
the Elks Lodge for any and all liabilities arising out of the City's actions under
this Easement, except for the active negligence or sole negligence of the
Lodge. City shall not be responsible for the Elks Lodge's actions within the
Easement Area (such as maintenance of the billboard (s) which will or may
continue.
10. The terms and conditions herein hall be binding on the parties
hereto and their heirs, successors and assigns.
IN WITNESS WHEREOF, the parties have executed this document on the day
and year first written above.
ALL SIGNATURES MUST BE NOTARIZED
OWNER / GRANTOR:
SAN LUIS OBISPO LODGE #222, BENEVOLENT AND PROTECTI VE ORDER OF
ELKS OF THE UNITED STATES OF AMERICA
PsAd By ams Chairman of the B Da
Board of Trustees ve Romero, Mayor
San Luis Obispo Elks Lodge #322 City of San Luis Obispo
11
0
SAN LUIS OBISPO ELKS LODGE # 322
BENEVOLENT ORDER OF ELKS OF THE UNITED STATES OF AMERICA
Consentine Trustees:
By
Sid Stark (Five Ye stee)
Kevin Niles (Three ear Trustee)
0 0
STATE OF CALIFORNIA )
)ss
COUNTY OF SAN LUIS OBISPO )
On October 20, 2009, before me Elaina Cano, City Clerk, personally appeared David F. Romero,
Mayor, CITY OF SAN LUIS OB SPO, who proved to me on the basis of satisfactory evidence
to be the person($'] whose name(k) is /app subscribed to the within instrument and acknowledged
to me that e/s�fe/tl y executedthe sdme in his/t r /tl r authorized capacity(i 4, and that by
his/lr/ ur signature on the instrument the person'], or the entity upon b half of which the
perso acted, executed the instnnnent
I certify, under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct
Witness my hand and official seal.
Signature., �._Vx _--
City Clerk
(Seal)
N
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
.>�i!� >L! -af ')-�.:.H;l�f'>✓$Y'.?.f1 \ ): �. 15! 7" �.">'!: ji !SS:yS�:/'.Cf�.j >/"'/' ?�:»: "•) t. C :: �. 0i:.? i; c> u7S !:�i!�>C!.'.j:C'gf5.'. >�:iT!'.: i:.:ji!'�ld!1v.ij(.%i
State of California 1
County of St:N1 LASis� J} /�
On 10/Z/ /0�1 before me, Vt�fllOf'/�(� V rVOS 1V�GGlI/ /�1L
Data Here Insert Name mw Tn,o o1 m,,,jn*er
personally appeared e r'1 n I's G 1715
Name(s) of SiOaer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) istm subscribed to the
within instrument and acknowledged to me that
heisheAhey executed the same in histher /their authorized
capacity(ies), and that by hisAedtfteir signatures) on the
instrument the personQ0, or the entity upon behalf of
which the person(s) acted, executed the instrument.
QAW1A P R11 M13
Canurdptal B 185"M I certify under PENALTY OF PERJURY under the laws
Natay pow . cman" of the State of California that the foregoing paragraph is
So Loa RiftclulImpl' 2M9 true and correct.
WITNESS %m'�y /hand and official seal.
N
Signature &Ar(l`- ( ea �ZfJY'
Plaw Notary Seel Abare SI re Notary PUM
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document 1 n
Title or Type of Document: r�.g�! I �C e, and 04 bt rC t weC 6 %A58'ili.P/ 7"Agr;ei
Document Date: Number of Pages:
Signer(s) Other Than Named Above: _
Capacity(fes) Claimed by Signer(s)
Signer's Name:
❑ Individual
• Corporate Officer — Title(s): _
• Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
HIGHTTHUMBPRIN7
OFSIGNER. _
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s): _
❑ Partner —❑ Limited ❑ General
• Attorney in Fact
• Trustee
• Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUFABPRINT
OF.. SIGNER.
LE
.✓ i:` J\ J: �.+/:\ �:`: �:: �: ��: L'✓.: �.` l::✓: Glr�✓:\?/ i.._ �i�: �. ri��S�: i\ YrriJi: Ji\ Yi\ 2. rriYrr�L _f�!li \:= :�::�:i�4�.5 <ari \Jr J,� %i�J: \ %iGt /i�:r.`�i�rr. •rr
0
O
The property on which easement Exhibit B is located is in the City of San Luis
Obispo, State of California, described as follows:
Lots C and D of the Resubdivision of Lots 58, 61, 62, 63, 64, and 65, of the Ranchos
Canada de los Osos and La Laguna, as surveyed..by R R Harris in January 1885 in
the county of San Luis Obispo, State of California, according to the map filed for
record in Book A page 161 of Maps, in the office of the county recorder of said
county, lying easterly of the California State Highway as said highway existed on
May 29, 1950.
EXCEPT therefrom that portion of said Lot C as conveyed to Independent Order
Odd Fellows, Chorro Lodge No. 168, by deed dated October 28, 1949 and recorded
December 4 1949 in Book 544, page 411 of Official Records.
ALSO EXCEPT therefrom that portion of Lot C described in the deed to the State
of California, recorded March 19,1962, in Book 1174 page 264 of official Records.
All that real property in the County of San Luis Obispo State of California being a part of that
portion of Lots C and D of the Resubdivision of Lots 58, 61, 62, 63, 64, and 65 of the
Subdivisions of the Ranchos Canada De Los Osos and La Laguna described in a deeded recorded
in Volume 1039 of Official Records at page 556 in the office of the County Recorder of said
County, said Lots C and D being shown on a survey recorded in Book 45 of Records of Survey at
page 42 in the office of said County Recorder; said part of said portion of said Lots C and D
described by said deed being more particularly described as follows:
That part of said portion of Lots C and D described in said deed lying southerly and westerly of
the following described line: Beginning at the most northerly comer of said Lot D as shown on
said Record of Survey, said point being the True Point of Beginning; thence, along the following
courses: South 6 °15'25" West 97.90 feet; South 9 °29'46" West 38.24 feet; South 0 °56'48" West
39.27 feet; South 0 °55'15" East 48.08 feet, South 11'06'27" West 40.57 feet; South 15 °51'49"
West 40.33 feet; South 23 °03'33" West 38.85 feet; South 11 °08'34" West 64.35 feet; South
2 00648" East 13.25 feet; South 11 °51'38" East 149.30 feet; South 14 °25'26" East 294.05 feet;
South 45 °51'06" East 90.66 feet; South 67 °12'52" East 119.65 feet; South 63 °51'23" East 28.36
feet to a point on the easterly line of said Lot D, said point being North 26 008137" East 60.46 feet
along said easterly line from the most southerly corner of said Lot D as shown on said Record of
Survey. Said part of said portion of said Lots C and D being shown on Sheet 2 attached hereto
and made a part hereof.
Terence K. Orton P.E. 21807 (Exp. 9 -30 -2009)
Sheet I
C
LOT C
0 00
3
a
0
P
z
LINE TABLE
LINE
BEARING
DISTANCE
L1
N06'15'25 "E
97.90
L2
N09'29'46 "E
38.24
L3
N00'56'48 "E
39.27
L4
N00'55'1 5 "W
48.08
L51
Ntt'06'27 "E
40.57
L6
N15451'49 "E
40.33
L7
N23403'33 "E
38.85
L8
N11408'34 "E
64.35
L9
NO2'06'48 "W
13.25
L10
N11'51'38 "W
149.30
Lt t
N14'25'26 "W
294.05
L12
N45'51'06 "W
90.66
L13
N6712'52 "W
119.65
L14
N63'51'23 "W
28.36
. *•J 10 `1._
WESTLAND ENGINEERING, INC.
60 46, S3480 r tSOUTH BI CALIFORNIA 93401
(805) 541 -2394 _
CERTIFICATE OF ACCEPTANCE
rxxrrrxxrxxx
THIS IS TO CERTIFY that the interest in real property conveyed by the OPEN SPACE DEED
AND PUBLIC ACCESS EASEMENT dated October 20, 2009, by and between SAN LUIS
OBISPO LODGE #322, BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF
THE UNITED STATES ( "Grantor"), and the CITY OF SAN LUIS OBISPO, a municipal
Corporation ( "Grantee"), is hereby accepted by the undersigned officer on behalf of the City
Council pursuant to authority conferred by Resolution No. 5370 (1984 Series) recorded June
15, 1984, in Volume 2604, Official Records, Page 878, San Luis Obispo County, California,
and Grantor hereby consents to recordation thereof by its duly authorized officer or his agent.
Date: October 20, 2009
ATTEST:
Elaina Cano, Interim City Clerk
CITY OF SAN LUIS OBISPO
by: Q00zW ;F4
David F. Romero, Mayor
F-ND OF DOCUMENT