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HomeMy WebLinkAbout9900-9915�1 1 RESOLUTION NO. 9915 (2007 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING ACCEPTANCE OF A GIFT OF REAL PROPERTY AND RECONVEYANCE OF A CONSERVATION EASEMENT THEREON WHEREAS, the Land Conservancy of San Luis Obispo County, ( "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 Numbers 070 - 061 -018 and 073 -321 -003, and an undivided 1/2 interest in certain real property described as Assessor's Parcel Number 073 - 321 -013 ( "the "Property "); and WHEREAS, the Property possesses high natural resource values including wildlife and botanical resources, and scenic open space values (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, the City of San Luis Obispo is a chartered municipal corporation of the State of California that is authorized by law to accept such gifts of real property, and to dispose of real property; 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, the City of San Luis Obispo intends, upon taking ownership of the Property, to convey back to the Land Conservancy of San Luis Obispo County the right to preserve and protect the conservation values of the Property in perpetuity; and WHEREAS, the City of San Luis Obispo agrees by accepting this gift of real property 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. hereby: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo Authorizes and directs the Mayor to accept the offer of fee title to the properties described as Assessor's Parcel Numbers 070 - 061 -018 and 073 - 321 -003, and an undivided '/z interest in Assessor's Parcel Number 073- 321.013; subject to non - substantive changes approved by the City Attorney; and 2. Further authorizes and directs the Mayor to reconvey a Deed of Conservation Easement to Assessor's Parcel Numbers 070 - 061 -018 and 073 - 321 -003 to the Land Conservancy of San Luis Obispo County as presented to the City Council this date. Approved and adopted this 19th day of June 2007. ff .61 Resolution No. 9915 (2007 Series) Page 2 On motion of Vice Mayor Mulholland, seconded by Council Member Brown and on the following roll call vote: AYES: Council Members Brown, Carter, and Settle, Vice Mayor Mulholland and Mayor Romero NOES: None ABSENT: None . _� tol Mayor David F. Romero ATTEST: 14ze , 4x2� Audrey per City Clerk APPROVED AS TO FORM: an P. Lowell City Attorney a o /17 r 1� RESOLUTION NO. 9914 (2007 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE 2007 -09 FINANCIAL PLAN AND 2007 -08 BUDGET WHEREAS, the City Administrative Officer has submitted the 2007 -09 Financial Plan to the Council for its review and consideration in accordance with budget policies and objectives established by the Council; and WHEREAS, the 2007 -09 Financial Plan is based upon extensive public comment and direction of the Council after twelve scheduled budget.study sessions and public hearings. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the 2007 -09 Financial Plan is hereby approved and that the operating, debt service and capital improvement plan budget for the fiscal year beginning July 1, 2007, and ending June 30, 2008, is hereby adopted. On motion of Vice Mayor Mulholland, seconded by Council Member Carter, and on the following vote: AYES: Council Members Brown, Carter, and Settle, Vice Mayor Mulholland and Mayor Romero NOTE: None ABSENT: None The foregoing resolution was passed and adopted on June 19, 2007. Mayor David F. Romero 111&1I Audrey Hoo er City Clerk APPROVED: onat P. Lowell City Attorney R 9914 .4- le O RESOLUTION NO. 9913 (2007 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING SEWER SERVICE RATES AND A REVISED VOLUME BASED SEWER RATE STRUCTURE WHEREAS, it is the policy of the City of San Luis Obispo to review enterprise fund fees and rates on an ongoing basis and to adjust them as required to ensure that they remain equitable and adequate to fully cover the costs of providing services; and WHEREAS, a comprehensive analysis of sewer fund operating, capital and debt service needs has been performed for fiscal years 2007 -08 through 2013 -14; and WHEREAS, the Council has reviewed the sewer service rates necessary to meet system operating, capital and debt service requirements; and WHEREAS, a volume based sewer rate structure is established for customers without a separate irrigation meter; and WHEREAS, the Council has reviewed the volume based sewer rate structure to provide a rate structure that reflects the individual customer's usage; and WHEREAS, a public hearing was properly noticed and held on June 19, 2007; and WHEREAS, a majority protest, as contemplated by Article XM D of the California Constitution, was not received by the conclusion of the public hearing. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION L. Resolution No. 9688 (2005 Series) is hereby rescinded, effective 11:59 p.m. June 30, 2007. SECTION 2. The rates set forth in Exhibit "A" are hereby adopted, establishing rates effective July 1, 2007, and July 1, 2008, and establishing a revised volume based sewer rate structure. Upon motion of Council Member Carter, seconded by Council Member Settle, and on the following vote: AYES: Council Members Brown, Carter, and Settle, Vice Mayor Mulholland and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 19`h day of June 2007. R 9913 Resolution No. 9913 (2007 Series) Page 2 ATTEST: - L'U" / I Audrey Hoop City Clerk APPROVED AS TO FORM: n Jo P. Lowell City Attorney O Mayor David F. Romero 0 MONTHLY SEWER SERVICE RATES 0 n: Account Type Effective July 1, 2007 ' Effective. July 1, 2008 Monthly Sewer Rates: Residential Customers Minimum charge: $5.00 per dwelling unit Minimum charge: $5.50 per dwelling unit Single family dwelling, Volume charge per unit: $5.05 Volume charge per unit: $5.56 including single meter Total monthly fee capped based on average Total monthly fee capped based on average condominiums and winter water consumption (AWWC) winter water consumption (AWWC) townhouses Master - metered Minimum charge: $5.00 per account Minimum charge: $5.50 per account multi - family Volume charge per unit: $5.05 Volume charge per unit: $5.56 dwellings in any duplex, apartment Accounts without separate irrigation Accounts.without separate irrigation house or rooming meter: meter: house Total monthly fee capped based on AWWC Total monthly fee capped based on AWWC Accounts with separate irrigation meter. Accounts with separate irrigation meter: No cap No cap Mobile home or Minimum charge: $5.00 per account Minimum charge: $5.50 per account trailer park Volume charge per unit: $5.05 Volume charge per unit: $5.56 Accounts without separate irrigation Accounts without separate irrigation meter., meter. Total monthly fee capped based on AWWC Total monthly fee capped based on AWWC Accounts with separate irrigation meter. Accounts with separate irrigation meter. No cap No cap IN'lonthly Sewer Rates: Non-Residential Customers $4.46 per ADA $4.91 per ADA Public, private, or parochial school, average daily attendance (ADA) at the school All Other Accounts Minimum charge: $5.00 per account Minimum charge: $5.50 per account Volume charge per unit: $5.05 Volume charge per unit: $5.56 Each Vehicle Discharging Sewer into City System $130.05 $143.06 Minimum charge Additional charge per $7.83 $8.61 100 gallons in excess of 1,500 gallons discharqed ' Volume based sewer rate structure charges implemented July 1, 2007 will be reflected on customer sewer billings with bill dates between August 8'h and September 4th, to reflect charges for a full sewer service period after July I" implementation. ,�, -tea. � L - � �� � /ez.O i��6s.� n C 0 RESOLUTION NO. 9912 (2007 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SETTING WATER METER, VALVE AND ADAPTER CHARGES WHEREAS, it is the policy of the City of San Luis Obispo to review charges on an ongoing basis and to adjust them as required to ensure that they remain equitable and adequate to fully cover the cost of providing fixtures. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San.Luis Obispo as follows: SECTION 1. The charges set forth in Exhibit "A" are hereby adopted, effective July 1, 2007. Upon motion of Council Member Settle, seconded by Council Member Brown, and on the following roll call vote: AYES: Council Members Brown, Carter, and Settle, and Mayor Romero NOES: Vice Mayor Mulholland ABSENT: None The foregoing resolution was adopted this 19`h day of June 2007. Mayor David F. Romero ATTEST: Audrey H o City Clerk APPROVED AS TO FORM: Jon well City Attorney R 9912 Resolution No. 9912 (2007 Seizes) Page 2 EXHIBIT A WATER METER, VALVE AND ADAPTOR CHARGES .58 x .75 inches (5/8 x 3/4 inch) $ 54.00 .75 inch (3/4 inch) $ 89.00 1.0 inch $115.00 1.5 inch $650.00 2.0 inch $995.00 3.0 inch and laraer Time and materials 1.0 inch 147 1.0 inch service /.58 inch x .75 inch meter $ 14.00 per pair 1.0 inch service /.75 inch meter $ 11.00 per pair 1.5 inch service / 1.0 inch meter $ 74.00 per pair 2.0 inch service / 1.0 inch meter $ 75.00 per pair 2.0 inch service / 1.5 inch meter $108.00 per pair / A �`/7 C, i� RESOLUTION NO. 9911 (2007 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING WATER SERVICE RATES WHEREAS, it is the policy of the City of San Luis Obispo to review enterprise fund fees and rates on an ongoing basis and to adjust them as required to ensure that they remain equitable and adequate to fully cover the cost of providing services; and WHEREAS, a comprehensive analysis of Water Fund operating, capital and debt service needs has been performed for fiscal years 2007 -08 through 2012 -13; and WHEREAS, this comprehensive analysis has been revised based on updated revenue and expenditure information; and WHEREAS, the Council has reviewed the water service rates necessary to meet system operating, capital and debt service requirements; WHEREAS, a public hearing was properly noticed and held on June 19, 2007; and WHEREAS, a majority protest, as contemplated by Article XIII D of the California Constitution, was not received by the conclusion of the public hearing. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Resolution No. 9811 (2006 Series) is hereby rescinded, effective 11:59 p.m. June 30, 2007. SECTION 2. The rates set forth in Exhibit "A" are hereby adopted, establishing rates effective July 1, 2007 and July 1, 2008. SECTION 3. The water system access charges are increased from $26.72 per month to $30.19 per month, effective July 1, 2007, and $34.11 effective July 1, 2008, to reflect the increase in water rates. Upon motion of Council Member Settle, seconded by Council Member Brown, and on the following roll call vote: AYES: Council Members Brown, Carter, and Settle and Mayor Romero NOES: Vice Mayor Mulholland ABSENT: None The foregoing resolution was adopted this 19`s day of June 2007. R 9911 Resolution No. 9911 (2007 Senes) Page 2 ATTEST: i Audrey Hoope City Clerk APPROVED AS TO FORM: Lowell City Attorney i . i ' . L Ali. i Mayor David F. Romero Resolution No. 9911 (2007 Sene's) Page 3 11: MONTHLY WATER SERVICE RATES CCF: Per Hundred Cubic Feet Rates Effective July 1, 00 Customer Type Single Family All Other Customers Residential Customers Inside the City Rates 1 - 5 CCF $3.71 /CCF 1 - 5 CCF $3.71 /CCF Residential Customers 6 - 25 CCF $4.64/CCF 6+ CCF $4.64 /CCF 1 - 5 CCF $4.19 /CCF 26+ CCF $5.81 /CCF Outside the City Rates' 1 -5 CCF $7.421CCF 1 - 5 CCF $7.42/CCF 26+ CCF. $6.57 /CCF 6 - 25 CCF $9.281CCF 6+ CCF $9.28/CCF 1 - 5 CCF $8.381CCF 26+ CCF $11.62/CCF ' For service to customers outside the City, the rates are two times the in City rate. CCF: Per Hundred Cubic Feet 2008 Rates Effective July 1, Customer Type Single Family All Other Customers Residential Customers Inside the City Rates 1 - 5 CCF $4.19 /CCF 1 - 5 CCF $4.19 /CCF 6 - 25 CCF $5.241CCF 6+ CCF $5.24 /CCF 26+ CCF. $6.57 /CCF Outside the City Rates' 1 - 5 CCF $8.381CCF 1 - 5 CCF $8.38/CCF 6 - 25 CCF $10.481CCF 6+ . CCF $10.48/CCF 26+ CCF $13.14/CCF ' For service to customers outside the City, the rates are two times the in City rate. CCF: Per Hundred Cubic Feet .�i�'��2.c. -� - �S�cc..y�- /e.�zO '1 f y� ��S'S U RESOLUTION NO. 9910 (2007 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING THE APPROPRIATIONS LIMIT FOR 2007 -08 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 2007 -08 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 2007 -08 as follows: Appropriations Limit: 2006 -07 $42,957,100 Cost of Living Factor: Percent change in California per capita income 4.42% Population Factor: County Population Growth 0.96% Compound Percentage Factor (multiplicative not additive) 5.42% Appropriations Limit: 2007 -08 $45,286,400 Upon motion of Vice Mayor Mulholland, seconded by Council Member Settle, and on the following vote: AYES: Council Members Brown, Carter, and Settle, Vice Mayor Mulholland and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted on June 19, 2007. Mayor David F. '• • ATTEST: Audrey Hoo Or City Clerk APPROVED AS TO FORM: J t . Lowell City Attorney [W= RESOLUTION NO. 9909 (2007 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO MODIFYING PURCHASING PROCEDURES FOR PROCUREMENT OF ASPHALT WHEREAS, the City purchases over $250,000 for asphalt annually through the Street Maintenance operating program; and WHEREAS, the cost per job for asphalt regularly exceeds $5,000; and WHEREAS, there are currently only two companies — Union Asphalt and Hanson Aggregates — operating asphalt batch plants in the county within 30 miles of San Luis Obispo; and WHEREAS, the Union Asphalt batch plant in Paso Robles is about 13 miles farther away from San Luis Obispo than the Hanson Aggregates batch plant in Santa Margarita; and WHEREAS, the cost of delivery makes the cost of asphalt from Union Asphalt invariably more expensive than the cost of asphalt from Hanson Aggregates; and WHEREAS, open market purchasing procedures requiring written price quotations and purchase orders — as described in Section 295 of the City's Financial Management Manual — serve no useful purpose when there is only one feasible vendor. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that Public Works Department be authorized to buy asphalt in volumes valued up to $25,000 per job using over - the - counter purchasing procedures and in volumes valued between $25,000 and $100,000 using open market purchasing procedures as described in Section 295 of the City' Financial Management Manual. Upon motion of Vice Mayor Mulholland, seconded by Council Member Settle, and on the following vote: AYES: Council Members Brown, Carter and Settle, Vice Mayor Mulholland and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 19`s day of June 2007. C� Resolution No. 9909 (2007 Series) Page 2 ATTEST: Audrey Hoope City Clerk APPROVED AS TO FORM: onath Lowell City Attorney I� Mayor David F. Romero Ze /-Z- n RESOLUTION NO. 9908 (2007 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE EMPLOYMENT CONTRACT OF DEBORAH J. CASH, DOWNTOWN ASSOCIATION ADMINISTRATOR FOR THE PERIOD JULY 19 2007 THROUGH JUNE 309 2008 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the contract of employment between the City of San Luis Obispo and DEBORAH J. CASH as Downtown Association Administrator for the period July 1, 2007 through June 30, 2008, attached hereto as Exhibit "A" and by this reference made a part hereof, has been reviewed and is approved.and the Mayor is authorized to execute same. On motion of Vice Mayor Mulholland, seconded by Council Member Settle, and on the following roll call vote: AYES: Council Members Brown, Carter, and Settle, Vice Mayor Mulholland and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 19th day of June 2007. . ,d94/�ilr� Mayor David F. Romero ATTEST: 1, �/M Audrey Ho er City Clerk APPROVED AS TO FORM: Jon Lowell City Attorney N CONTRACT OF EMPLOYMENT Exhibit "A7 Page 1 of 5 THIS CONTRACT is entered into this 19th day of June, 2007, by and between the CITY OF SAN LUIS OBISPO, State of California (hereinafter referred to as "City "), and DEBORAH J. CASH, a contract employee (hereinafter referred to as "Employee ") WITNESSETH: WHEREAS, the City of San Luis Obispo has a need for a Downtown Association Administrator; and WHEREAS, Employee is qualified to perform such service for City; and WHEREAS, the services to be contracted for are Downtown Association Administrator. NOW, THEREFORE, the parties do mutually agree as follows: 1. Employment. City hereby engages Employee and Employee hereby agrees to perform for City the services hereinafter set forth for the compensation hereinafter set forth, all pursuant to the terms and conditions herein. 2. Scone of Services. Pursuant to this Contract, Employee shall provide to City the following services: Administrator for the Downtown Association (DA); specific duties and responsibilities to be established and modified from time to time by the DA Advisory Board. Employee shall perform said services under the direct supervision of DA Board of Directors. 3. Employment Status. Employee shall be a full -time employee. Membership in the City PERS retirement program shall be in accordance with PERS requirements with 5% of the employee's share to be paid by Employee, 3% of the employee's share to be paid by the Downtown Association. Employee shall accrue holiday and sick leave benefits consistent with other positions in the City and as determined by the Director of Human Resources. Employee shall accrue 8 hours of vacation per month over the term of this Agreement which shall be taken Exhibit "A" Page 2 of 5 in a manner consistent with other City employees. Employee shall be granted up to 48 hours per year of administrative leave in lieu of overtime compensation, in recognition of the fact that the employee is exempt from overtime compensation consideration and that the employee's schedule may require work beyond 40 hours in a week. The Downtown Association offers a paid medical benefit for Employee and dependents not to exceed the $7,000 annually. However, Employee may choose to participate in any health plan of her choice. Should Employee not utilize the medical coverage provided by the Downtown Association, Employee shall be entitled, upon proof of other current and valid medical coverage, to receive the cash equivalent of the $7,000 benefit annually, dispersed in equal partial payments, on a per pay period basis, over the course of each year. Employee shall be eligible for reimbursement for mileage at the current reimbursable rate for City of San Luis Obispo employees for use of her private automobile for official business but not including any mileage attributable to normal commuting by Employee to and from her office. Employee understands and agrees that her term of employment is governed only by this Contract; that no right of tenure is created hereby, and that she does not hold a position in any department or office of the City. 4. Warrant o� f Employee. Employee warrants that she is properly certified and licensed under the laws and regulations of the State of California to provide the services herein agreed to. 5. Compensation. City shall pay to Employee as compensation in full for all services performed by Employee pursuant to the Contract, the sum of $6,277.01 per month ($75,324.06 per year), said compensation to be paid in accordance with normal City procedures. 6. Term of Contract. This Contract shall commence on July 1, 2007 through June 30, 2008, unless terminated earlier as provided herein. The City Administrative Officer may terminate the contract without the need for action, approval or ratification by the City Council. u� 0 Exhibit "N' Page 3 of 5 7. Termination of Contract for Convenience. Either party may terminate this Contract at any time by giving to the other party fifteen (15) days written notice of such termination, specifying the effective date of such termination. Employee shall be paid for all work satisfactorily completed prior to the effective date of such termination. Employee agrees that the notice provisions of this paragraph shall limit the liability of the City in the event that a termination action taken by City pursuant to paragraph 8 is subsequently found to be improper. 8. Termination of Contract for Cause. If Employee fails to perform her duties to the satisfaction of the City, or if employee fails to fulfill in a timely and professional manner the obligations under this Contract, or if Employee shall violate any of the terms of provisions of this Contract, or if Employee has a physical or mental incapacity that precludes Employee from performing the duties, or if Employee fails to exercise good behavior in either during or outside of working hours which is of such a nature that it causes discredit to the City or impairs her ability to perform these contract duties, then the City shall have the right to terminate this Contract effective immediately upon the City's giving written notice thereof to Employee. Employee shall be paid for all work satisfactorily completed prior to the effective date of such termination. 9. Entire Agreement and Modification. This Contract constitutes the entire understanding of the parties hereto. This Contract supersedes all previous contracts, agreements, negotiations or understandings, whether written or oral, between the parties. Employee shall be entitled to no other benefits than those specified herein, and Employee acknowledges that no representations, inducements or promises not contained in this Contract have been made to Employee to induce Employee to enter into this Contract. No changes, amendments, or alterations hereto shall be effective unless in writing and signed by both parties. Employee specifically acknowledges that in Exhibit "A" Page 4 of 5 entering into and executing this Contract, Employee relies solely upon the provisions contained in this Contract and no others. 10. Non - Assignment of Contract. This Contract is intended to secure the individual services of the Employee and thus Employee shall not assign, transfer, delegate, or sublet this Contract or any interest therein without the prior written consent of City, and any such assignment, transfer, delegation, or sublet this Contract or any interest therein without the prior written consent of City, and any such assignment, transfer, delegation, or sublet without the City's prior written consent shall be considered null and void. 11. Covenant. This Contract has been executed and delivered in the State of California, and the validity, enforceability and interpretation of any of the clauses of this Contract shall be determined and governed by the laws of the State of California. All duties and obligations of the parties created hereunder are performable in the City of San Luis Obispo, and such City shall be that venue for any action, or proceeding that may be brought, or arise out of, in connection with or by reason of the Contract. 12. Nondiscrimination. There shall be no discrimination against any person employed pursuant to this contract in any manner forbidden by law. 13. Conflicts of Interest. The employee shall not participate in any decision related to this Contract which affects her personal interest or the interest of any corporation, partnership, or association in which she is directly or indirectly interested. 14. Copyright. Any reports, maps, documents or other materials produced in whole or part under this Contract shall be the property of the City and shall not be subject to an application for copyright by or on behalf of Employee, without the prior written approval of the City. 15. Outside Employment, Conduct and Behavior. Exhibit "A" Page 5 of > a. Employee may engage in outside activities such as part-time teaching, consulting, or in other similar activities unrelated to City business only with the express prior approval of the City Administrative Officer. b. Employee shall comply with all local and state requirements regarding conflicts- of- interest and shall avoid personal involvement in situations which are inconsistent or incompatible with the position of DA Administrator or give rise to the appearance of impropriety. 16. Enforceability. If any terms, covenant, condition or provision of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. IN WITNESS WHEREOF, City and Employee have executed this Contract on the day and year first hereinabove set forth. ATTEST:. Audrey I-i66per,.dAy Clerk APPROVED AS TO FORM CITY OF SAN LUIS OBISPO David F. Romero, Mayor EMPLOYEE) Deborah J. Cash, CMSM TO th owell, -City Attorney - - -- G:\Downtown Association \2007 \2007 DA Cash Reso and Contract.doc C C RESOLUTION NO. 9907 (2007 Series) E A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING EXECUTION OF AGREEMENTS WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION TO RECEIVE FEDERAL AID GRANT FUNDS WHEREAS, before Federal Aid will be made available for a specific projects, the Administering Agency (City of San Luis Obispo) and the State of California Department of Transportation (Ca]Trans) are required to enter into .a Master Agreement, entitled "Administering Agency -State Agreement for Federal -Aid Projects" which is relative to prosecution of projects and maintenance of completed facilities; and WHEREAS, CalTrans periodically updates these Master Agreements and requires the Administering Agency to execute the updated Master Agreements; and WHEREAS, for each approved project, the Administering Agency must execute a Program Supplement to the Master Agreement; and WHEREAS, the Department of Transportation requires the Master Agreement and all Program Supplements to be executed by the City Council or other city officials duly authorized. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the Public Works Director is hereby authorized to execute Master Administering Agency -State Agreements for Federal Aid, and all Program Supplements thereto. Upon motion of Vice Mayor Mulholland, seconded by Council Member Settle and on the following vote: AYES: Council Members Brown, Carter, and Settle, Vice Mayor Mulholland and Mayor Romero NOES: None ABSENT None The foregoing resolution was adopted this 191h day of June 2007. R 9907 Resolution No. 9907 (2007 Series) Page 2 ATTEST: Audrey Hooper City Clerk APPROVED AS TO FORM: i J a . Lowell City Attorney Mayor David F. Romero ���� ��. 1 •�'y�Z, r.. t s,. +.: RESOLUTION NO. 9906 (2007 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 further 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. 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. C, Resolution No. 9906 (2007 Series) Page 2 0 Property Owner Parcel Number Property Address Amount Carmelrose Cannon 002 -316 -005 771 Toro Street $ 319.28 Roger E. Zanetti 002 - 316 -016 1162 NO Street $ 104.14 Vernon L. & Michelle D. Phillips 002 - 415 -002 857 Mill Street $ 372.12 Beverly H. Maytag 002- 426 -003 781 Hi era Street $ 155.56 Ronald D. Todd 002 - 482 -027 306 Higuera Street Unit. D_ $ 477.88 BDC Marpomo LLC. 003 -514 -019 577 Marsh Street $ 354.92 Derego Family Trust 003 - 581 -031 1910 Fixlini Street $ 205.86 James H. Benner 003 -582 -005 1492 (1875 Fixlini) Iris Street $ 362.12 Heirs of Sidney Adams Attn: Jason Diaz 003 - 593 -012 2000 Wilding Lane $ 256.56 Bradley J. Bilsten 003- 614002 443 Buchon Street $ 357.12 Michael Bravo 003 - 643 -015 1802, 1808, 1810 Broad Street $ 174.62 Zachary • J. Coldwell 003 - 656 -010 1034 George Street $ 147.28 Sandra At McBride 003 - 682 -035 2056 Sierra Way $ 248.44 Skene Mood 003 -687 -071 2151 Sierra Way $ 164.36 Michael & Suzan Kyle 003 - 731 -014 342 Sandercock Street $ 179.62 Matthew T. Miller - 003 - 733 -012 373 High Street $ 547.04 SMS Company 003 - 739 -018 2150 King Street $ 100.48 Joseph & Ainslev Laing 003- 783 -015 2374 Flora Street $ 156.70 Marcia L. Herzog 004 -311 -045 1106 Oceanare # 32 $ 256.56 John P. Sheppard 004393 -009 2719 E1 Cerrito Street $ 457.40 Jason &Rebecca Waddell 004401 -018 1536 Newport Street $ 524.66 Sing Chou Wu 004412 -007 1727 Lima Street $ 195.84 Eduardo & Maria Delgado 004413 -015 1867 Huasna Drive $ 544.32 Ronald D. & Angela M. Viles 004- 421 -014 1858 Pereira Drive $ 307.12 Sergio & Maria Rodriguez 004 -422 -028 11734 Los Osos Valley Road $ 514.66 Jeffrey I. Shellhammer 004 -442 -035 1486 Gulf Street $ 438.96 John L. & Deborah L. Bral 004 - 552 -015 3424 Gregory Court $ 433.96 Aaron T. Schriner 004553 -001 3588 Sycamore Drive $ 267.88 Concepcion Hernandez 004581 -019 646 Perkins Lane, Unit A $ 364.80 Scott C. Robinson 004611 -065 1351 Royal Way, # 33 $ 184.62 Gene A. & Laura E. Stewart 004 - 671 -002 3114 Rose Avenue $ 527.94 Leona Cornwall 004 - 731 -010 2465 Santa Clara Street $ 121.86 Jerry Burch 004- 782 -058 2505 Johnson Avenue $ 357.12 Clare Battista 052 -033 -042 569 Hi hland Drive $ 180.66 Terry Aj & Carolyn S. Ammen 052 -033 -065 591 Highland Drive, Unit D $ 85.48 Joan D. & Daryl D. Hill 052 - 082 -008 1327 Foothill Blvd $ 315.24 Barry Goyette 052 - 126 -005 2049 McCollum Street $ 157.86 N Resolution No. 9906 (2007 Series) Page 3 Property Owner Parcel Number Property Address Amount William P. Hales 052- 204 -003 1340 Fredericks Street $ 517.70 Paul W. Hodgeson 052- 224 -017 1740 Fredericks Street $ 373.16 Timothy G. & Dawn J. Silva 052 - 224-028 328 Leroy Court $ 508.88 oy S. D. & Jeffrey B. Clo ston 052 - 291 -001 301 Cerro Romauldo Avenue $ 372.12 Seyfollah Shaz hi 052- 302 -010 349 Tassajara Drive North $ 302.58 Robert K. Morrison 052 - 321 -008 1525 Slack Street $ 152.34 James F. Morabito 052- 352 -013 16 La Entrada Avenue $ 156.00 Randolph Coates 052- 475 -013 262 Hermosa Way $ 357.12 Geovoni & Candice Gabriele 053 - 093 -043 1327 Itonbark Street $ 368.16 Motel 6 Operating LP 053 - 151 -026 1433 Calle Joaquin $ 292.92 GJB Remainder LLC 053 - 171 -021 1625 Calle Joaquin $ 305.22 Gary Cull 053- 245 -001 945 Del Rio Avenue $ 528.14 Ray & Brook Soto 053- 262 -076 76 Del Oro Court $ 110.66 William E. Vidalin 053 - 272 -007 65 Chu arrosa Drive $ 143.24 Phillip R. Newell 053- 273 -012 57 Mariposa Drive $ 148.24 Georgina G. Walters 053- 300 -020 1286 Chaparral Circle $ 263.22 Laura M. King 053 - 300 -024 1283 Chaparral Circle $ 372.14 Lawrence M. Wam ler 053 - 414-003 966 Fuller Road $ 252.90 John P. Sheppard 053 - 513 -012 1654 Welsh Court $ 256.16 Upon motion of Vice Mayor Mulholland, seconded by Council Member Settle and on the following roll call vote: AYES: Council Members Brown, Carter and Settle, Vice Mayor Mulholland and Mayor Romero NOES None ABSENT: None The foregoing resolution was adopted this 19th day of June 2007 Resolution No. 9906 (2007 Series) Page 4 ATTEST: L L , 'J.4-1 Audrey Hooper City Clerk APPROVED AS TO FORM: Jon than well City ttorney N Mayor David F. Romero C� C RESOLUTION NO. 9905 (2007 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL AND APPROVING THE CULTURAL HERITAGE COMMITTEE DETERMINATION ON THE HISTORIC DETERMINATION OF THE RESIDENCE AT 868 CHORRO STREET; APPLICATION NO. A 201 -06 WHEREAS, the Cultural Heritage Committee of the City of San Luis Obispo conducted a public hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis Obispo, California, on March 26, 2007, for the purpose of considering an application for a development project that includes demolition of a portion of the historic structure at 868 Chorro Street; Application No. ARC 201 -06; and WHEREAS, the Cultural Heritage Committee reccmmended that the existing wood additions surrounding the historic adobe at 868 Chorro Street do not constitute a historic resource and that the development project could include demolition of the wood portion of the structure subject to conditions; and WHEREAS, an appeal of the Cultural Heritage Committee's action was received by the City on April 4, 2007; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and WHEREAS, the City Council has duly considered all evidence, including the testimony of the appellant, interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: Section 1. Action. The appeal is denied. The Council upholds the recommended action of the CHC on March 26, 2007, and makes the following findings and imposes the following conditions: The background reports prepared by Dr. John Parker, Alexandra Cole and Wendy M. Nettles accurately describe the property at 868 Chorro Street and the components of the residential structure that meet the characteristics of a historic resource. 2. As conditioned, the proposed demolition of the wood -clad additions to the residence at 868 Chorro Street is consistent with the Secretary of Interior Standards for the treatment of a historic structure since the Secretary of Interior Standards recommend the restoration of historic structures and recommend the removal of additions that are not original to the historic fabric of the structure. 3. As conditioned, the removal of the wood -clad additions is consistent with the City's policies regarding the treatment of historic properties, specifically the General Plan Conservation and Open Space policies because the wood additions do not represent a historic resource and the removal of these additions, as conditioned, will not affect the historic integrity of the original adobe structure. 4. As conditioned, the removal of the wood -clad additions is consistent with the City's Historic Preservation Program Guidelines because the removal of these later additions is consistent with the Secretary of Interior Standards for the treatment of a historic building. R 9905 Cr O Resolution No. 9905 (2007 Series) Page 2 5. If a plan to restore and preserve the existing adobe structure is implemented and the adobe structure remains the focal point of a future development project as viewed from the public right of way, than potential environmental impacts of the development project may be reduced to a level of less than significant because the historic resource will not be impacted. Conditions 1. No site work, demolition of any portion of the existing residential structure or any other construction that is eligible for a City building or demolition. permit shall occur on the site until the *development project has received final architectural review approval and the following conditions have been met: A. A construction permit has been issued implementing all of the conditions imposed by this resolution and including any conditions of the architectural approval of the development project. B. A complete restoration plan prepared under the supervision of a qualified architectural histori an must be presented to and approved by the City. C. A security bond (letter of credit or other form acceptable to the Community Development Department) shall be secured by the City from the applicant to ensure appropriate treatment and restoration of the historic resource during the demolition and construction process. The amount of the security shall be determined under the direction of a qualified architectural historian. 2. A draft environmental determination shall be completed by the City prior to scheduling the item for the Architectural Review Commission (ARC). The ARC shall take action on the environmental determination including any mitigation measures that may be necessary to reduce potential environmental impacts or to implement the requirements of the Secretary of Interior Standards for the treatment of a historic property. 3. The applicant 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 determination, and all actions relating thereto, including but not limited to environmental review. 4. The following recommendations from the CHC shall be forwarded to the ARC (any project changes shall be implemented into a revised planning set prior to scheduling the ARC hearing): A. Delete Unit 1 and reduce the height and massing of Unit 2. B. Reconfigure the site plan to maximize open space around the adobe. C. Consider relocation of the proposed driveway and acknowledge the original outline of the entire structure through paving and site work. D. Provide direct and separate pedestrian access from Chorro Street to the adobe. C ! Resolution No. 9905 (2007 Series) Page 3 E. Provide photo- documentation for the wood -clad structures. F. Use xerophytic landscaping around the adobe. Section 2. Staff is directed to modify the Historic Resources Survey for 868 Chorro Street consistent with the above section. On motion of Council Member Carter, seconded by Council Member Settle, and on the following roll call vote: AYES: Council Members Brown and Carter and Mayor Romero NOES: Council Member Settle and Vice Mayor Mulholland ABSENT: None The foregoing resolution was passed and adopted this 5`s day of June 2007. Mayor David F. Romero ATTEST: Audrey Hoo erg City Clerk APPROVED AS TO FORM: J4nathp,k58well City Attorney n RESOLUTION NO. 9904 (2007 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING COLLECTION OF FEES FOR 2007 -08 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 specifi call y'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 2007 -08. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. 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 2007 -08. A listing of fees by assessor's parcel number shall be provided to the County Auditor - Controller for collection on the 2007 -08 secured property tax roll in accordance with their schedule and data format requirements. Upon motion of Council Member Settle, seconded by Vice Mayor Mulholland, and on the following roll call vote: AYES: Council Members Brown, Carter and Settle, Vice Mayor Mulholland and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted on June 5, 2007. Resolution No. 9904 (2007 Series) Page 2 ATTEST: a I Audrey Hoo City Clerk APPROVED AS TO FORM: JAatha . Lowell City Attorney Mayor David F. Romero 0 0 Resolution No. 9904 (2007 Series) Page 3 - - -- - Multi Dwelling Fire and Life Safety Inspection Fee Schedule 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 1 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 2001 California Building Code, Chapter 2: Definitions and Abbreviations, Section 202. Apartment house is any building, or portion thereof, which contains three or more dwelling units, including R -1 residential condominiums. Congregate residences are 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 any building or portion thereof that contains living facilities, including provisions for sleeping, eating, cooking and sanitation, as required by this code, for not more than one family, or a congregate residence for ten or less persons. Hotel is any building containing six or more guest rooms intended or designed to be use, 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). Motel shall mean the same as hotel as defined in this code. RESOLU'T'ION NO. 9903 (2007 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SUPERCEDING RESOLUTION NO. 9131 (2000) WAIVING CITY -WIDE DEVELOPMENT IMPACT FEES FOR AFFORDABLE HOUSING UNITS IN EXCESS OF INCLUSIONARY REQUIREMENTS WHEREAS, the City's General Plan requires that the costs of public facilities and services needed for new development shall be borne by new development unless the community chooses to help pay the costs of a certain development to obtain community -wide benefits; and WHEREAS, the City has implemented a number of programs to implement this policy, including the adoption of development impact fees; and WHEREAS, the City's General Plan encourages the production of affordable housing for very -low, low and moderate income households; and WHEREAS, the City has implemented a number of financial assistance programs to help achieve this goal, including the waiver of development review fees and meter installation fees and issuance of housing revenue bonds; and WHEREAS, the City has adopted "inclusionary" housing requirements for new development in order to help achieve the City's affordable housing goals; and WHEREAS, reducing the cost of the public facilities and infrastructure needed to serve new affordable housing units that exceed the City's inclusionary housing requirements may help encourage the production of even more affordable units. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that City -wide development impact fees are hereby waived on residential units qualifying as affordable housing under the criteria set forth in Section 2 of the General Plan Housing Element that either: 1. Exceed the number required to meet the City's inclusionary housing requirements or, in the case of developments of one to four units, provide voluntary affordable housing units; 2. Are built, owned and managed by the San Luis Obispo Housing Authority, other governmental agencies or not - for - profit housing organizations. This exclusion only applies to City -wide impact fees; it does not apply to fees, assessments or special taxes for infrastructure improvements applicable to special benefit areas. SECTION 1. This resolution supersedes and replaces Resolution No. 9131 (2000 Series) adopted by this Council on November 21, 2000. R 9903 Resolution No. 9903 (200/ jeries) Page 2 Upon motion of Council Member Settle, seconded by Vice Mayor Mulholland, and on the following roll call vote: AYES: Council Members Brown, Carter, and Settle, Vice Mayor Mulholland and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 5t' day of June 2007. Mayor David F. Romero ATTEST: 96k& �L /l Audrey Ho e City Clerk APPROVED AT TO FROM: nat . Lowell City Attorney RESOLUTION NO. 9902 (2007 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO RESCINDING RESOLUTION NO. 9798 (2006 SERIES) AND ADJUSTING THE FEE STRUCTURE FOR THE LAGUNA LAKE GOLF COURSE WHEREAS, it is the policy of the City of San Luis Obispo to review program fees on an ongoing basis; and WHEREAS, those 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 FY 2007 -08. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Resolution No. 9798 (2006 Series) is hereby rescinded, effective July 1, 2007. SECTION 2. The green fees shall be as follows, effective July 1, 2007: LAGUNA LAKE GOLF COURSE FEES SECTION 3. The fees for the driving range, wholesale goods, lessons, and other special activities and promotions shall be set by the Director of Parks and Recreation and the Golf Course Supervisor. IS` 9 -holes 2 °d 9 -holes Senior /Youth/Student Weekdays: (Monday through Thursday) $6.75 $4.50 General Weekdays: (Monday through Thursday) $8.75 $4.50 Senior/Youth/Student Weekends: (Friday through Sunday) $7.75 $4.50 General Weekends: (Friday through Sunday) $9.75 $4.50 Senior/Youth/Student 10-Play Card: $60.00 General 10-Play Card: $75.00 Twilight Rate: $6.00 SECTION 3. The fees for the driving range, wholesale goods, lessons, and other special activities and promotions shall be set by the Director of Parks and Recreation and the Golf Course Supervisor. Resolution No. 9902 (2007 Se,) Page 2 L Upon motion of Council Member Settle, seconded by Vice Mayor Mulholland, and on the following roll call vote: AYES: Council Members Brown, and Settle, Vice Mayor Mulholland and Mayor Romero NOES: Council Member Carter ABSENT: None The foregoing resolution was adopted this 31S` day of May 2007. Mayor David F. Romero ATTEST: Audrey Hooper City Clerk APPROVED AS TO FORM: J Lowell City Attorney ♦.� T ,y'S SY.... 'i �q.. C, C RESOLUTION NO. 9901 (2007 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ALLOWING A CONDOMINIUM CONVERSION FOR 10 APARTMENTS LOCATED AT 1302 & 1314 PALM STREET (CON 11 -07) 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 May 15, 2007, for the purpose of considering Application No. CON 11 -07, a request to convert 10 apartments to condominiums; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the conversion of existing residential apartments to ownership condominiums is exempt from environmental review (CEQA Guidelines, Section 15301 (k), Existing Facilities); and WHEREAS, the Council has duly considered all evidence, including the testimony of 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. Findings. Based upon all the evidence, the City Council makes the following findings: 1. The proposed condominium conversion is consistent with the General Plan because the conversion of apartments to condominiums will not impact available affordable housing since the project will provide one deed restricted affordable unit consistent with the City's Inclusionary Housing Ordinance and Condominium Conversion Regulations, and the size and configuration of the units are considered affordable by design. 2. The proposed project is consistent with the annual limits for the conversion of apartments to condominiums since half the number of apartment units added to the City's housing stock in 2006 (13) is greater than the proposed number of conversions (10). 3. As conditioned, the project is in substantial compliance with the Property Improvement Standards for Condominium Conversions, building and housing codes, and Zoning Regulations. 4. In accordance with the Condominium Conversion Regulations, the applicant has appropriately delivered a notice of intent to convert to each tenant. 5. The existing apartments, due to location, design, condition, and substantial conformance with property development standards are appropriate for conversion to individual ownership units and will result in a satisfactory living environment for future property owners. 6. An equivalent number of new units comparable in affordability and amenities to those being R 9901 O O Resolution No. 9901 (2007 Series) Page 2 converted are being created as apart of the project. 7. In light of the above findings, there exist adequate facts to support the findings required under sections 66473.5 and 66474 of the Government Code. 8. In accordance with the CEQA Guidelines Section 15301 (k), the conversion of multiple family residences into condominiums is categorically exempt from environmental review. SECTION 2. Action. The City Council does hereby approve Application No. CON 11 -07 with incorporation of the following condition and code requirements into the project: Condition 1. Electric vehicles shall be included as part of the purchase of five of the units and shall be sized appropriately for their designated garage spaces. Specific units to be designated with the electric vehicles shall included in the project CC &R's and determined prior to recordation of the final map. Code Requirements 1. The applicant shall apply for a tentative tract map as defined by the Subdivision Map Act and in accordance with the City's Subdivision Regulations and Municipal Code Chapter 16.17 (Common Interest Subdivision and Condominium Conversions). 2. The applicant shall give any present tenant a nontransferable right of first refusal to purchase the unit occupied. This right of first refusal shall extend at least ninety days from the date of issuance of the subdivision public report or commencement of sales, whichever date is later. 3. Each non - purchasing tenant not in default under the provisions of the rental agreement or lease shall have the right to remain not less than 180 days from the date of approval of the condominium conversion by the City Council. 4. A tenant's rent shall not be increased from the time an application for conversion is submitted to the City for processing to 180 days following City Council approval of the conversion. 5. After submittal of the condominium conversion application to the City, prospective tenants shall be given a written notice of intent to convert prior to leasing or renting any unit. 6. A minimum of one unit shall be deed restricted as affordable to low or moderate income persons for a minimum of 45 years, consistent with the City's Inclusionary Housing Ordinance and Condominium Conversion Regulations. Resolution No. 9901 (2007 Series) Page 3 On motion of Council Member Settle, seconded by Council Member Brown, and on the following roll call vote: AYES: Council Members Brown, Carter and Settle, Vice Mayor Mulholland and Mayor Romero NOES: None ABSENT`. None The foregoing resolution was passed and adopted this 15th day of May 2007. !� Mayor David-F. Romero ATTEST: ah�' /" A Audrey Ho er City Clerk APPROVED AS TO FORM: onatha . Lowell i ttoiney L � � � w r•...� �y, ,.- ....�.,,.ry `C v..uy C CO RESOLUTION NO. 9900 (2007 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL OF THE CULTURAL HERITAGE COMMITTEE'S DETERMINATION OF HISTORICAL SIGNIFICANCE AND DIRECTING THE COMMUNITY DEVELOPMENT DIRECTOR TO PREPARE A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR RELOCATION OF THE MASTER LIST STRUCTURE AT 1204 NIPOMO TO ANOTHER LOCATION (ER -H 1 -07) WHEREAS, the Cultural Heritage Committee conducted a public hearing on March 26, 2007, to consider the applicant's request to relocate the Logan House from 1204 Nipomo; and WHEREAS, the Cultural Heritage Committee determined that relocation of the house would result in significant and unavoidable adverse impacts and recommended that the Community Development Director require an environmental impact report for the project; and WHEREAS, an appeal of the Cultural Heritage Committee's determination of historical significance was received by the City on April 18, 2007; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and WHEREAS, the City Council at a hearing held on May 15, 2007, has duly considered all evidence, including the testimony of the appellant, interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. Findings. 1. The proposal to relocate the Logan House is consistent with the City's General Plan and Historic Preservation Program, and with the Secretary of the Interior's Standards for the and of Historic Properties with Guidelines for Preserving, Rehabilitation, Restoring, and Reconstructing Historic Buildings, because it would not result in a substantial adverse change such that the significance of the historical resource would be materially impaired. 2. Relocation of the house would not result in significant or unmitigatible adverse impacts to the structure and its status as a Master List Historic resource, because it would not alter the historical spatial relationship of the structure to the street, or eliminate a characteristic feature of the Craftsman style. 3. With the incorporation of mitigation measures to ensure the retention of character- defining features; the project would not cause a substantial adverse change in the significance of the historical resource, and therefore will not have a significant effect on the environment. G � Resolution No. 9900 (2007 Series) Page 2 4. Relocation of the house will allow it to return to its original context, configuration, and use. SECTION 2. Action. The Council hereby upholds the appeal of the Cultural Heritage Committee's determination of historical significance, with incorporation of the following project condition: Condition 1. All of the mitigation measures specified in the Historic Resource Report shall be incorporated into the Negative Declaration of Environmental Impacts and adhered to during completion of the project. On motion by Council Member Carter, seconded by Council Member Brown, and on the following roll call vote: AYES: Council Members Brown, Carter, and Settle, and Mayor Romero NOES: Vice -Mayor Mulholland ABSENT: None The foregoing resolution was passed and adopted this 15`h day of May 2007. Mayor David F. Romero ATTEST: Audrey Hoo City Clerk APPROVED AS TO FORM: Jo athan . Lowell City ttomey l` �' O -`+ ,� !tea.., t +iR:` "WO..,�"�c �.. 4 +4. Q.ty4ti..,,.. "'c.