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HomeMy WebLinkAbout5673-5699a F.' RESOLUTION NO. 5699 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND GOLDEN WEST AUCTIONEERS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and Golden West Auctioneers is hereby approved and the Mayor is authorized to execute the same.` SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: Golden West Auctioneers, the City Administrative Officer and the Director of Finance. On motion of Councilman Settle seconded by, Councilman Griffin and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dunin and Mayor Billig NOES: None ABSENT.: Councilwoman Dovey the foregoing Resolution was passed and adopted this 18th day of June, HFVV /, ^JJ Vn Ci AiMinistrati City AtArney Finance Di Offi R 5699 E A U", a cn w za OO Ua M W H H a a a a W m e a 0 t°•J 0 m Ui of a O0 L1. ° m Ev d F m O m m a. m o A 1 Q 1 % 0� ,t b+ o u .� 7 q m .0 o x o u tl 0 .G o 0 ° m ° ' 7 p tr x m A mm� % C m m o m a tl ' u 0, y F m b . 0. 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L r✓ E y U C V U 0 7 rn v .0 ro v r-I G 0) N 1+ 00 N .,I m x U E. 0 0 co Ln c'1 O \ N 4 m I •_, Q o U s 3 z r z o Q 'N O c 0 m U c' } G oo =1 Ln _u H 00 `\J a x o LO 3 z r z o Q 'N O c 0 m U c' } G `J RESOLUTION NO. 5698 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING CERTAIN PERSONAL PROPERTY AS SURPLUS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the City Council hereby declares that all items of personal property listed in Exhibit "A" attached and incorporated herein by reference shall be surplus property. SECTION 2. That the sale of such property is hereby authorized. On motion of Councilman Settle , seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dunin and Mayor Billig NOES: None ABSENT: Councilwoman Dovey the foregoing Resolution was passed and adopted this 18th day of June, loan _ City Admin4tra`five Afic City V Finance Director R 5698 a SURPLUS PROPERTY LISTING QTY. DESCRIPTION ID# 1 1978 Plymouth Station Wagon RH46J8A192801 1 Table saw; Jet; 10 inch 1 Radial arm saw; Craftsman, 10 inch 1 Word processor /printer; Lanier 1 Calculator; Sharp 1 Calculator; Sharp 1 Calculator; Victor 1 Calculator; TI -55 1 Dictating machine; Norelco 1 Panel indexing system; Acme visible, 50 panels 1 Typewriter sound cover 1 Rolling file 1 Wall hanging, fabric print 1 Book rack 1 Bookcase; white plywood 2 Swivel chairs 1 Secretarial chair; brown leather, rollers 1 Secretarial chair; green leather, rollers 1 Arm chair; green leather, rollers 1 Arm chair; black cloth, rollers 1 Arm chair; green leather, rollers 1 Arm chair; green leather 1 Chair, green leather 1 Drafting stool 1 Steno chair, Steelcase Model #JTS -10 Model #113.29410 COMMENTS 3/45 -36588 Not operating Model #0048409 Model #0056039 Model #10178016 #60077794 Model #WRO1709056675 Not operating 1 Bicycle #84319013 1 " 84274034 1 " 84319013 1 " 84274034 1 84278018 1 " 84349022 1 " 84356046 1 " 84276022 1 " 84242022 1 " 84260017 1 " 84335030 1 " 84305009 1 " 84298021 1 84218016 1 " 84282012 1 " 84279022 1 " 84246010 1 " 84279029 1 " 84296016 1 " 84304023 1 " 85050003 1 85055012 QTY. 1 1 1 i 1 1 1 1 1 1 1 1 1 SURPLUS PROPERTY LISTING (Continued) DESCRIPTION ID# Bicycle " 85053015 " 85029009 " 85056027 " 85030034 " 85044018 " 85053007 " 85055016 " 85048020 " 85053008 " 85029009 " 85044020 " 85066016 " 85046026 Clothing, Miscellaneous 83174020 " 83181012 " 83200057 " 83184025 " 83220036 " 83200058 " 84205011 " 83154008 " 83165036 Jewelry, Miscellaneous 83346020 " 84216016 " 84336017 " 84156012 " 84056010 " 83179038 " 83196022 " 83112019 " 80 -7794 Leather Goods, Misc. 84196035 " 83173013 " 83141023 " 83173012 " 83173015 " 83173016 " 83172013 " 84096018 " 83154008 " 83091012 " 83159017 " 83193020 " 83163020 " 83219009 " 83173017 " 83173018 COMMENTS (2) SURPLUS PROPERTY LISTING (Continued) QTY. DESCRIPTION ID# Leather Goods, (Misc.) 83284013 83165036 " 84233027 Briefcase /Books (Misc.) 84030020 11 84262012 1 Blow Torch 83077011 1 Level 83182025 1 Tape Player 83183025 1 Numbering Machine 83060008 Tape Case /Tapes (Misc.) 83138016 84351011 1 Suitcase /Clothing 84222005 1 Suitcase /Clothing 84262012 1 Sleeping Bag 83056012 Bedding 84271004 Tools (Misc.) 82351003 84230016 84222005 1 Jewelry Box 83118010 1 Backpack 83270026 1 Racket 83270026 1 Basket 83270026 Clothing (Misc.) 84029022 84214035 Clothing 84107008 Tools (Misc.) 83127014 1 Radio 83060008 1 Vase 83127014 1 Vase 83127014 1 Basket 83082021 1 Wet Suit 83162026 1 Plant Holder 83127014 Clothing 83307014 Backpack /Clothing 83307014 83174024 83174017 Briefcase /Vases 83127014 Tools (Misc.) 84030020 83105037 1 Suitcase 84105016 1 Bolt Cutters 83127014 1 Picture 83127014 1 Speaker 83211004 1 Speaker 83211004 Vase /Briefcase 83127014 1 Typewriter 84215015 Nails 84164035 1 Checkwriter 83063009 Paint 82303023 COMMENTS (3) J (4) SURPLUS PROPERTY LISTING (Continued) QTY. DESCRIPTION ID* Paint 82303023 1 Food Slicer 83196003 1 Frame 83127014 1 Picture 83127014 1 Picture 83127014 1 Suitcase 83221023 Books (Misc.) 83162029 1 Vase 83127014 1 Vase 83127014 1 Electronic Game 85032007 1 Speaker 85032007 1 Speaker 85032007 1 Turntable 85032007 Footlocker /Clothing 85032007 1 Doctor's Bag 85073007 1 Filmstrip Projector 83222035 1 Child Seat 83222035 1 IBM Displaywriter printer 5218AO1 1 IBM Displaywriter Media Console 6360011 1 IBM Displaywiiter Workstation 658OA01 COMMENTS F-i RESOLUTION NO. 5697 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND WILLIAM AND BEATRICE JEONG FOR CONSTRUCTION OF A WATERLINE IN CASA STREET. BE IT RESOLVED by the Council of the City of San Luis Obispo.as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein City of San Luis Obispo and William construction of a waterline in Casa Boulevard to Deseret Place under th4 is hereby approved and the Mayor is same. by reference, between the and Beatrice Jeong for Street from Foothill Quarterly Waterline Program authorized to execute the SECTION 2. The Council hereby directs the Finance Director to transfer $14,370.00 from the Quarterly Waterline Account (50- 6362 -715) to City Project Account G -50. SECTION 3. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement to: the property owners, the City Engineer, the Utilities Engineer and the Director of Finance. On motion of Councilman Settle - - , seconded by Councilman - Griffin - - - - - - -- - - -- - - and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dunin and Mayor Billig NOES • None ABSENT: Councilwoman Dovey R 5697 Resolution No. 5697 (1985 Series) . 10 Page 2. the foregoing Resolution was passed and adopted this "_18th" day of "June = 1985 -ATTEST: CI CLERK PAME9 VOGES * * * * it"* * * APPROVED: City Admini!itrative officer City -AtIne . y Pffiance DjHector 67 x; UTilities, Manager by / , 1>�,::7 I AGREEMENT AFFECTING REAL PROPERTY THIS AGREEMENT, dated �;►, �_�_ 18 1985, for the convenience of the parties hhereto# is between THE CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter called "City," and WILLIAM Y. JEONG and BEATRICE JEONG, the fee owners and developers of the real property described in Exhibit "A ", attached hereto, hereinafter called "Developer." WITNESSETH In consideration of the mutual benefits, promises and agreement set forth herein, the parties agree as follows: 1. The Developer agrees to provide plans and specifications and administer a contract for the installation of, and City agrees to assist in funding the following described water system improvements in accordance with City Council Resolution No. 4293, adogted on October 28; 19801' which resolution is made a part of this agreement as though specifically set forth herein: a. Construction of approximately 405 linear feet of ten (10) inch diameter waterline in Casa Street, between Foothill Blvd. and Deseret Place. b. This project including inspection, engineering, and administration thereof is to be partially financed by the City under provisions of Resolution No. 4293 (1980 Series) otherwise known as the "$25,000 Quarterly Funding.Program," to the extent that said funds are available from the third and fourth Quarters of the 1982 -83 program and Resolution No. 4110 (1980 Series) (Contribution for oversizing water mains.) C. The total estimated cost of this project including engineering, inspection and administration is $210500.00 of which the City's agreed contribution is to be fourteen thousand three hundred seventy ($14,370.00) dollars , ($12,750.00 from Quarterly funds; $1,620.00 for oversizing from 8" to 10" diameter). The Developer agrees to pay the balance. 2. Said water system improvements have been determined necessary to provide adequate dependable fire protection for the developer's proposed new development at 60 Casa Street, known as "Sagrado Corazon ". 3. This agreement shall be binding upon, and shall inure to the benefit of, the heirs, assigns, and all other successors in interest of the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed. CITY OF SAN LUIS OBISPO:, DEVELOPER': I i J APPROVED: • City Administrative ficer Utilities Manager Kenny /rlprop �J EXHIBIT A Jeong Agreement Casa Street Quarterly Waterline LEGAL DESCRIPTION Lot 38, California Park, in the City of San Luis Obispo, California, as recorded in the office of the San Luis Obispo County Recorder in Book 2 of Maps at Page 36. EXCEPT the Northwesterly 5 feet of the Southwesterly 145 feet of said Lot 38. RESOLUTION NO. 5696 (Series 1985) A RESOLUTION APPROVING THE REQUEST FOR PROPOSAL TO EVALUATE THE FEASIBILITY OF DECKING DOWNTOWN PARKING LOTS. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That this Request for Proposal (RFP) is approved for the purpose of soliciting proposals to evaluate the feasibility of decking certain downtown parking lots. 2. That staff is directed to solicit proposals consistent with the city's purchasing control system. On motion of Councilwoman Dovey_ , seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Dovey, Dunin, Griffin, Settle and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 4th day of Jurae 1985. R 5696 Resolution No. 5696 (1985 Series) Page 2 APPROVED: 0,4A-Z City Administrative Officer City ItornV :2z- Public Works Director City En neer Rorne,rD P4 I c,,,o RESOLUTION NO. 5695 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO, APPROVING THE FINAL MAP FOR TRACT 978 (MISSION GROVES ASSOCIATES, SUBDIVIDERS) WHEREAS, the City Council made certain findings concerning Tract 978 as contained in Resolution No. 4511 (1981 Series); and WHEREAS all conditions required per Resolution No. 4511 (1981 Series) for Tract 978 have been met; NOW, THEREFORE BE IT RESOLVED that final map approval is hereby granted for Tract 978. On motion of Councilwoman Dovey , seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmembers Dovey, Dunin, Settle and Mayor Billig NOES: None ABSENT: Councilman Griffin the foregoing Resolution was passed and adopted this 4th day of June 1985. Nl- ATTEST: CITY CL$RK PAMELA VOG S R 5695 Resolution No. 5695 (1985 Series) Page Two. APPROVED: .. F-a � — 01 -fyn 45 ef:-o�:� City Administrative OfTicer City Att#ney Community Development Director 'City EfigIC er I�wnr S RESOLUTION NO. 5694 (1985 SERIES) A RESOLUTION OF THE OJUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL OF THE NEGATIVE DEC•ARATION FOR GENERAL PLAN AMENDMENT GP 1216; AND REQUIRING PREPARATION OF ADDITIONAL ENVIRONMENTAL STUDIES 4MREA.S, the council has held a public hearing to consider an appeal filed by Donald Smith of the negative declaration approved by the ca munity Development Director for General Plan Amendment GP 1216; and MEMAS; the council has reviewed the appeal which was filed and considered the testirrony of the applicant; the .appellant; and other interested parties; and VMEAS; the council has reviewed the initial study of environmental impact (ER 20-85) and staff report; and W REAS, the council has also reviewed the State and City Environmental Guidelines; BE IT RESOLVID by the Council of the City cf.San Luis Obispo; as follows: SECTION 1. Findings. 1. The city has ccn plied with Section 15025 (b) (1) of the State CMA Guidelines and all other applicable sections of State and City Guidelines. 2. The proposed amendment to the Land Use Element of the city's General Plan may result in significant adverse impacts on the environment. SECTION 2: Additional- Environmental- Studies-Required: The council therefore; determines that the focused Environmental Impact Report shall include: 1. Co=unty Plans and Goals; 2. Utilities; 3. Georgraphical and Seismic Hazards and Topographical Modifications; 4. Surface Water Flow and Quality. R 5694 Resolution No. 5694 (1985 Series) Page 2 on motion of Councilwoman- Dovey - seconded by Councilman Griffin- and on the following roll call vote: AyES: Councilmembers Dovey, Griffin, Settle and Mayor Billig NOES: Councilman Dunin ABSENT: None the foregoing resolution was passed and adopted this '4th - day of °June-- - 1985. ATPFST: City lerk Pamela V ges -- - - - - -- City Administrative voffiVer �D �? ISM, � f RESOLUTION NO. 5693 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING THE 1985 -86 ANNUAL WATER OPERATIONAL PLAN WHEREAS, the City council has adopted the Annual Water Operational Plan and Policy Statement, and: WHEREAS, said statement requires the annual development of a water operational plan. NOW THEREFORE be it resolved that the City Council adopts the 1985 =86 Annual ^,Water' -Operational Plan (C'ouncil agenda report dated 6- 4 -85). On motion of Councilman Sett�eseconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 4th day of June 1985. R 5693 Resolution No. 5693 (1985 Series) APPROVED: e", Q S City Administrative OfficeV 1 , City l'�Attorn y zD e4� Public Works Director Utilities Manager r /1 RESOLUTION NO. 5692 (1985 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING AN ANNUAL WATER OPERATIONAL PLAN POLICY STATEMENT WHEREAS, Water is the most precious of all resources the City of San Luis Obispo provides its citizens, and; WHEREAS, The water supply directly affects the economic and aesthetic characteristics of the community and the public safety and health of its citizens, and; WHEREAS, Water is a renewable resource which, when properly managed, can meet the many needs of San Luis Obispo, and; WHEREAS, The City of San Luis Obispo is desirous of a planning procedure and policy statement regarding its water use. NOW THEREFORE be it resolved that the City Council adopts the attached Annual Water Operational Plan Policy Statement. On motion of Councilman Settle, seconded by Councilman Dunin, and on the following roll call vote: AYES: Councilmembers Settle, Dunin. Dovey and Mayor Billig NOES: Councilman Griffin ABSENT: None the foregoing Resolution was passed and adopted this 4th day of June, 1985. ATTi T2 CI Y CLERK PAMELA CrES a s s s m s ** x R 5692 Resolution No. 5692 (1985 Series) APPROVED: City Administrative Of icer City At rney Public Works Director Utilities Manager CITY OF SAN LUIS OBISPO ANNUAL WATER OPERATIONAL PLAN AND POLICY STATEMENT INTRODUCTION Water is the most precious of all resources the city provides its citizens. It is important that the City maintain a constant awareness of its water supply status. The water supply directly affects the economic and aesthetic characteristics of the community and the public safety and health of our citizens. Water is a renewable resource which managed properly can meet the many needs of San Luis Obispo. It is the purpose of the Annual Water Operational Plan and Policy Statement to set guidelines for monitoring the city's water supply and specify action levels. The action levels will be specific points where remedial procedures will be instituted to correct any projected water supply deficits and maintain a dependable supply during critical periods. The Annual Water Operational Plan and Policy Statement is broken down into a five step process. The five steps are: I. Identify Supply Situation This steps clearly defines the supply situation and projects what it will be in the future based on a number of criteria. Average and worst case scenarios will be evaluated and specific action levels specified. II. Supply Management Additions and modifications to the existing supply is an option that will be evaluated if the supply situation analysis shows a potential problem. Major new supplies and system modifications require extensive lead time to develop. In an emergency situation though, temporary supplies are feasible. Changes in the use of the existing supply will also be considered under this step. III. Demand Management Reducing consumer demand is a key element of the operational plan during a time of water supply shortages. Demand management provides the greatest flexibility and potential for water savings. Demand reduction includes both voluntary and mandatory programs. IV. Sequential Operational Plan This step will develop sequential measures to be enacted at each action level so as to conserve existing water supplies. C ;J Supply and demand options will be included. Least restrictive and least expensive measures will be instituted first with more stringent and costly measures to follow if the water supply conditions do not improve.. V. Final Operational Plan Summary Develop a summary of goals, action levels and demand and supply measures to be instituted to meet required water resource needs. I. IDENTIFY SUPPLY SITUATION TERM In May of each year the Utilities Division staff will develop water use and supply projections for the period beginning May 1 to approximately eight years in the future. A six year time period represents the critical dry period at the Salinas Reservoir used to determine the safe annual yield. WATER PROJECTIONS Consumption Water consumption will be estimated based on three primary factors. These factors are historical trends, proposed development, and miscellaneous influences. Historical trends generally result in an accurate estimate of average future water use since they take into account the variances in weather patterns, growth rates and miscellaneous influences over extended periods of time. These projections of consumptions will then be adjusted based on the best estimate for proposed development and related influences. Proposed development estimates will be based on the City's growth management regulations or other factors in effect at the time. Miscellaneous influences can included changes in water use behavior, addition of new industry, implementation of water conservation programs, etc. for the upcoming year. Water Supply Water storage projections will be developed independently for the Salinas and Whale Rock reservoirs. These projections will take the following criteria into account. 1. Consumption - Consumption based on the above analysis will be included. 2. Inflow - Inflow of water into the reservoir is due to rainfall and runoff. These values will be based on a worst case scenario as determined from the 105 year historical record. 3. Evaporation - The evaporation of water from the reservoir is a function of surface elevation, area and weather. It can be a major source of water loss. 4. Releases - This will include downstream releases in order to meet "live stream" requirements and other downstream user commitments. A composite water supply projection will then be developed from the individual Salinas and Whale Rock projections. It is important to point out that this composite water supply projection will be a very conservative estimate since it is based on worst case conditions. A typical worst case composite curve is shown as attachment #1. Action Levels Action levels will then be determined using the composite water supply curve. Water in storage will be the dominant consideration in setting the action levels. These action levels will be critical points along the water supply projection curve where certain measures will be started to mitigate the water supply situation. The action levels will be based on available supply during worst case conditions. They will also take into account the minimum pool requirements at the reservoirs which total 7,500 acre feet. Specific supply and demand goals will be developed to correspond to each action level. The action levels will be at the following storage points: 1. Minor - 66% of reservoir capacity 2. Moderate - 2.5 years of supply plus 7,500 acre feet 3. Severe - 2.0 years of supply plus 7,500 acre feet 4. Critical - 1.0 year of supply plus 7,500 acre feet Each action level has a specific goal for the reduction of demand or the increase in supply. These goals are set as percentages of the current water demand and are as follows: 1. Minor - 5% 2. Moderate— 15% 3. Severe - 25% 4. Critical - 50% T \ _ J II. SUPPLY MANAGEMENT The City has the potential to develop additional emergency supplies. This would include reactivating the creek sources and some abandon and existing wells within the city. In addition to finding additional sources of water, supply management also tries to improve the efficiency and reduce waste within the production and delivery system. Relaxation of reservoir release restrictions is also part of supply management. Because supply management can reduce water loss and waste without depending on water users, it is generally preferable to demand management. Supply management usually is long term both in addition of new supplies and in modifications to the production and delivery systems. The City's existing production and delivery systems are in very good condition and do not lend themselves to major improvements that would augment the existing supply. III. DEMAND MANAGEMENT Demand management provides the most flexibility in achieving conservation goals. It can achieve immediate use reductions and may be relatively inexpensive. The two primary elements of demand management are voluntary and mandatory reduction programs. Voluntary demand reduction programs include pleas from the City, public education, and pricing strategies to encourage cutbacks in water use. Voluntary or less stringent measures should be considered in the early stages of the reduction plan. Mandatory reduction programs consist of prohibiting specific uses, allocating specific amounts of water to each consumer or implementing growth management restrictions. Mandatory programs usually impose a penalty for noncompliance but pricing sanctions and educational techniques are also used. Mandatory programs have the potential for high levels of demand reduction, but they also tend to be more disruptive to the users as well as more costly. As a rule the demand reduction program depends upon the credibility of the utility and the users' perceptions that the sacrifice they are making is commensurate with the seriousness of the situation. VI. SEQUENTIAL OPERATIONAL PLAN The first step of the operational plan analyzes the water situation and developed clear action levels. The next two steps look at supply and demand management options feasible to meet the goals associated with each action level. This information will then be used to develop a specific sequential operational plan. The plan will recommend precise options to be implemented to maximize the water supply situation. The specific supply and demand management option will be analyzed based on a number of criteria. Effectiveness of the option in increasing supply or reducing demand is important. The confidence level or reliability of the estimated effectiveness will also be a determining factor. Cost and equity to the city and the consumers will also be considered. Finally the ease of administrating the specific options will be evaluated. V. SUMMARIZE FINAL PLAN At this step a detailed summary of the plan is developed. The summary must clearly define the water situation, action levels and reduction goals. It will outline the management options that have been chosen to stabilize or correct the water situation. The final summary of the Annual Water Operational Plan will be submitted to council for review and approval. After council approval, staff will begin implementation of the plan. Q 9 g 9 9 TOTAL STORAGE (Thousands of Acre Feet) VARIATIONS IN RUNOFF m L� v a 0 0 ti E E c pq ATTACHMENT #1 i a: Q W } �D W� } W } �f W } M W } N Q o: �Efl�nd �w/JC /L �Ol�lL 601` J RESOLUTION NO. 5 6 91 (1985 Series) AN RESOLUTION OF THE CITY OF SAN LUIS OBISPO DENYING A RMUEST TO aNSTRUCT A BALOJNY AND STAIRWAY ATTACHED TO A STRUCTURE AT 848 MONTEREY STREET AND ENCROACHING ON CITY PARKING LOT ON ADJACENT PROPERTY TO THE EAST WHEREAS, the Council of the City of San Luis Obispo considered the request of Dr. Karl Kundert; owner of property at 848 Monterey Street to construct a balcony and stairs at 848 Monterey Street and extending over city parking lot on adjacent property to the east and conducted a public hearing on the matter; and VMtEAS, the council considered actions taken on April 15, 1985, by the Architectural Review Commission by reviewing staffing reports, commission minutes; and recommendations. NOW; THEREFORE, the council resolves to deny the request with the following findings: 1. No public purpose will be served by construction of the stairs and balcony. 2. The proposed construction does not comply with the Unifom Building Code which requires a minim= of 10 feet between the adjacent property line and proposed unprotected openings in the building. On mmotion of Councilman Settle seconded by _.Councilwoman- Dovey- -, and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Griffin and Mayor Billig NOES: Councilman Dunin ABSENT: None the foregoing resolution was passed and adopted this A th-- day of June- - -- 1 oor 1\ JV /1 Resolution No. 5691(1985 Series) Page 2 - - I--- - - - - -- C3ommunity De-Oelcpnient Director ,o ,doss r 1 RESOLUTION NO. 5690 .(1985 Series) A RESOLUTION OF THE MUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPRWAL OF TENTATIVE TRACT NO. 1272 WCATED AT 2377 FLORA STREET AND 2348 & 2410 JOHNSON AVENUE BE IT RESOIWED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration of the tentative map of Tract 1272 and the Planning Commission's recommendations.' staff reccmmendations and reports thereon, makes the following findings: 1. The project has been evaluated in accordance with the California Environmental Quality Act and the City's Environmental Impact Procedures and the City Council concurs with the Community Development Director's action to grant a negative declaration. 2. The tentative map is consistent with the general plan. 3. The site is physically suitable for the proposed type and density of development allowed by the R -1 zone. 4. The design of the subdivision and the prcpased improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 5. The design of the subdivision and the type of improvements are not likely to cause public health problems. 6. The design of the subdivision and the type of improvements will not conflict with easements for access through or use of property within the proposed subdivision. 7. Certain exceptions are granted subject to these findings: A. That the property to be divided is of such size and shape that it is impractical or undesirable to conform to the strict application of city regulations; and B. That cost to the subdivider of strict or literal ccmpliance with the regulations is not the sole reason for granting the rmdification; and C. That the modification will not be detrimental to the public health, safety; and welfare; or be injurious to other properties in the vicinity; and D. That granting the modification is in accord with the intent and purposes of these regulations; and is consistent with the general plan. R 5690 Resolution No. 5690 (1985 Series) Tract 1272 Page 2 8. Lots 9; 10, 11, and 12 at the end of the cul-de -sac do not meet city subdivision standards and pose health; safety; or welfare problems unless ccsnbined into three lots. Section 2. Exceptions. That the approval of the tentative map for Tract 1272 shall be subject to the following exceptions: 1. Lots 2 and 11 may each have average depths less than 90 feet but not less than 80 feet; lots 5 and 9 may each have average depths less than 90 feet but not less than 70 feet. 2. The street may be a hillside residential minor with a 48 -foot right- of-way (36 feet curb -to -curb) with a cul -de -sac curb radius of 34 feet and a property line radius of 40 feet. 3. The setback from the driveway serving lot 14 to the existing house on lot 15 may be 6 feet where 10 feet is normally required. SECTION 3. Conditions. That the approval of the tentative map for Tract 1272 be subject to the following conditions: 1. Each corner lot (6, 7. and 8) shall have an area not less than 6;900 square feet and each other lot shall have an area not less than 6,000 square feet. 2. Any lot with an average depth of less than 90 feet shall have an average width of at least 60 feet. 3. If turning space at the end of the new street is not provided to Fire Department standards, final map shall include a note that new houses built on lots 2 through 4 and 9 through 13 shall be equipped with automatic fire sprinklers to the approval of the Fire Department. 4. The driveway serving lot 14 shall be not less than 16 feet paved width, not mre than 150 feet long, and shall be part of lot 14. Any house on this parcel shall be equipped with automatic fire sprinklers to the approval of the Fire Department. 5. Subdivider shall provide parking to city standards for lot 13. 6. Final map shall indicate a name for the new street to the approval of the Community Development Department. 7. Lots in the tract shall be addressed according to a plan prepared by the Ccgminity Development Department, prior to final map approval. Resolution No. 5690 (1985 Series) Tract 1272 Page 3 . 8. If the existing garage on lot 15 is not available for parking: subdivider shall provide parking to city standards for the existing dwelling on lot 15" with access to a ccmmmn driveway serving lots 14 and 15; the existing driveway ramp on Johnson Avenue at the southern end of lot 15 shall be reimved and replaced with standard city curb; gutter, and sidewalk; subdivider shall record a commgn driveway agreement in a,form approved by the Community Development Department. 9. Subdivider shall file a grading plan. to the approval of the Commmity Development Director and Public Works Director. Grading shall be limited to the new street; areas under drives and buildings; and minor recontouring to minimize drainage across existing and new neighboring lots. Lots shall not be padded. Grading for drainage control shall be a subdivision improvement. A level area at least two feet wide shall be graded behind the back of sidewalk along the new'street. . 10. If separate final tract maps are to be filed for the areas indicated as phases l and 2 in the tract map application, the entire.street, drainage_ facilities, and all new utilities and easements required for the first phase shall be. installed with the first phase; to the approval of the City Engineer. ll... Storm, drainage shall be designed to the approval of the City Engineer. Any crass -lot drainage shall be within private easements. All- weather access to storm drain manholes shall.be provided. If sanitary sewer is within same easement, easement shall accon mtute both lines with at least five feet separation. 12. Subdivider shall provide street lights to city and utility- carpany standards (light poles shall be owned by the city). 13. The final snap shall include a note that street trees as required by ordinance and as approved by the Public Works Department shall be planted by lot owners as lots are developed. 14. Subdivider shall construct the new street intersection with Flora Street to divert Flora Street drainage past the new street. 15. Subdivider shall underground existing overhead utilities within the subdivision and shall provide easements to the approval of the utility companies. 16. Precise location of new street and drainage structures and utility lines and extent of grading shall minimize rermval of existing mature trees to the approval of the Ceram nity Development Dint and Public Works Department. 17. Sewer system design, including changes from grade and alignment shown on the tentative map, shall be to the approval of the City Engineer.. All- weather access to manholes shall be provided. . Resolution No. 5690 (1985 Series) Tract 1272 Page 4 18. Water main alignment shown on the tentative map is subject to modification by City Engineer. Subdivider shall pay water acreage charges as determined by the City Engineer with credit for existing services. 19. Lots 9; 10, 11, and 12 shall be corrbined into three lots to the approval of the Ccmmm ty Development Director. 20. Final map shall include a note that the vicinity is subject to flooding. 21. The design of the houses built on lots 5 through 10 shall be subject to the approval of the Community Development Director. These houses shall not diminish the views and privacy of existing neighboring houses. 22. Each lot in the area occupied by lots 9 through 13 on the tentative map shall have at least one independently accessible guest parking space in addition to the parking required by the Zoning Regulations. The guest Space may be provided on -site or at the curb along the lot's frontage. .23. Cam= driveways may be used to serve lots on the cul -de -sac bulb to retain trees and provide additional space for curb -side parking. Designs for common driveways shall be approved by the Cammunity.Developrent Director or City Engineer and shall be shown on the final map. 24. Subdivider shall provide a standard fence design for use in all property line fencing to the approval of the Camnmity Development Director. The perimeter fencing shall be landscaped. On motion of Councilman Settle; seconded by Councilman Griffin; and on the following roll call vote: AYES: Councilmembers Settle; Griffin, Davey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing resolution was passed and adopted this 4th day of June; 1985. Resolution No. 5690 (1985 Series) Tract 1272 Page '5 APP City Administrativ Officer City At rney Camunity velcpment Director �"� G �� _. � ; RESOLUTION N0. 5689 (1985 Series) A RESOLUTION OF THE Q)uNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF THE FINAL DEVELOPMENT PLAN FOR SAN LUIS MALL AND Adrm AT 353 MADONNA, ROAD (PD 1165) WITH SPECIFIC DEPEPMINATIONS 4MEAS; in July 1984; the City Council approved a Preliminary Development Plan for the San Luis Mall and a hotel at 353 Madonna Road; M3 mm MS, said plan was subject to specific conditions set forth in Ordinance No. 1015; and U EREAs. public hearings were held May 21; and June 4. 1985; to consider the Final Development Plan and staff evaluations pursuant to Ordinance No. 1015 (1984 Series) and the city's Zoning Regulations. 4dRREFLS; several deviations fran the Preliminary mi nary Plan and its conditions of approval have been evaluated by the City Council and the applicant; NOW, THEREFORE$ BE IT RESOLVED that the City Council hereby determines that the Final Develcpment Plan substantially carplies with the Preliminary Development Plan with the following determinations which are mutually agreed upon between the city and the applicant: A. Adjustments in the number of hotel roams and size of the hotel building; general and special retail floor area' and rnunber and location of freestanding buildings are'ccnsistent with the Preliminary plan approval. B. Energy savings fran solar water heating for the hotel will ca pensate for increased energy consumption due to mechanical ventilaticn; roof -top skylights; and reduced options for wind or photovoltaic systems. C. To accamrdate required roadway width along El Mercado; the landscape setback will not have a uniform; minim m'i setback of 10 feet but sufficient landscaping will be provided by street trees, vines on walls and trellises; and planters within deeper setbacks along part of the frontage. R 5689 `J Resolution No. 5689 (1985 Series) Page 2 D. Dedication for highway access ramps is not feasible. E. Building locations will allow required street dedications, to be specified in the pending Tract 1268 application. F. Bicycle and motorcycle parking will be adequate, with minor changes in number and location and provision of a parking lot walkway, to staff approval. G. Landscape planting plans will be revised and a tree- protection program and will be implemented to staff approval. H. The applicant supports formation of an assessment district to help fund changes to the Madonna Road overcrossing of Higivay 101. I. Conditions of ordinance No. 1015 concerning detailed design, construction, and operation of the project remain in effect. J. Substitution of theaters for retail space would require a revised Preliminary Development Plan proposal which may be processed separately. BE IT FURMIER RESOLVED that the City Council hereby approves the Final Development Plan for PD 1165, in the form of a site plan dated May 29 1985, as amended by applicant's suhnittal of May 248 1985, and other drawings on file in the Ccmmnity Development Department, together with the specific determinations recited herein. On motion of Councilman- Settle-- - - - - - seconded by-Councilman- Griffin - - -- _ --; and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSERr: None the foregoing resolution was passed and adopted this 4th -- day of ------------ June 1985. ATTE City Clerk Pamela V e Resolution No. 5689 (1985 Series) Page 3 r1!J:T.Q,�.� City Administrative OffEicer City At ey 1]:1] L-,4 ------ 1-2- Ccmuinity Development Director OST %c I � RESOLUTION NO. 5688 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING PLANS AND SPECIFICATIONS FOR PHASE II OF DOMIOWN BEAUTIFICATION PROGRAM BE IT RESOINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Plans and specifications for Phase II of the Downtown Beautification Program (City Plan No. J17B), including installation of mission -style sidewalk on the southside of Monterey Street; niid -block sidewalk bulbouts, and related drainage improvements are hereby approved. SECTION 2. ,Staff shall advertise for bids consistent with city bidding and contract procedures. SECTION 3. Finance Director shall transfer $11 ;500 from the San Luis Creek at Santa Rosa Street Drainage Improvements (Acct. No. 30 -5062 -700 [J08H]) to the Monterey Street Storm Drain Immprovements (Acct. No. 30 -5062 -700 [J17B]). On motion of Councilman Dunin - seconded by -Councilman -Settle- - - -; and on the following roll call vote: A : CouncilmembersDunin, Settle, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing resolution was passed and adcpted this -4th- day of - --June ------ - -; 1985. R 5688 Resolution No. 5688 (1985 Series). Page 2 'City Attor-r-laRly Fln—a�nc& Dire ---- - ----- -/City Fogineer Camunity Dev lcpment Director Fi1?(9191?ce T. HOD /< ( c RESOLUTION NO. 5687 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AMENDMENT NO. 1 TO AGREEMENT FOR SHARING COST OF STATE HIGHWAY ELECTRICAL FACILITIES WITH CITY OF SAN LUIS OBISPO BE IT RESOLVED by the Council of the City of San Luis Obispo to: 1. Approve Amendment No. 1 to Agreement for Sharing Cost of State Highway Electrical Facilities with City of San Luis Obispo, and 2. Authorize the mayor to execute Amendment No. 1, and 3. Direct the city clerk to deliver an original and three copies of the executed amendment to: Richard R. Crandall Assistant District Maintenance Engineer State of California Department of Transportation P.O. Box 8114 San Luis Obispo, CA 93403 -8114 On motion of Councilman Dunin seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Dunin, Settle, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing resolution was passed and adopted this 4th day of June 1985. ATTEST: CITY CLERK PAMELA VOGES �Y1 �7 Resolution No. 56&7 (1985 Series) Ok- City Administrative Offi er City Attor y Public Works Director ,J 'i, VJ ill RESOLUTION NO. 5686 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A LETTER OF UNDERSTANDING BETWEEN THE CITY AND THE STATE FOR THE SANTA ROSA LANDSCAPE PROJECT BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain Letter of Understanding, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and the State of California, is hereby approved and the Mayor is authorized to execute the same. SECTION 2. Funds for the project are included in the 1985 -87 Capital Reinvestment Program. SECTION 3. The City Clerk shall furnish a copy of this resolution and a copy of the executed Letter of Understanding approved by it to the State of California, Public Works Director and Finance Director. On motion of Councilman Dunin , seconded by Councilman Settle, and on the following roll call vote: AYES: Councilmembers Dunin, Settle, Davey, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 4th day of June , 1985. R 5686 Resolution No. 5686 (1985 Series) APPROVED: C� Q City Administrative 0 ice City A Public Works Director C Finance Direc r U ,� -� W Isom "'All File: 1 LETTER OF UNDEFSTANDING WIN `a M1 !i 5 File: 5 -SLO -001- 17.1/18.0 5 -202 - 300900 Santa Rosa Street s Highway Planting The State of California, Department of Transportation (CALTRANS) and the City. of San Luis Obispo (CITY) , a politic body and a municipal corporation agree to the following covenants, conditions and guidelines for undertaking a mutual landscaping project on a portion of State Highway Route 1 (Santa Rosa Street) between Mile Post 17.1 (Meinecke Avenue) and Mile Post 18.0 (.15 mile north of Highland Drive). The purpose of the project is to enhance the safety, welfare, convenience and enjoyment of the public using the state facility. The landscape project will be constructed and completed in phases of work by CALTRANS, CITY and other interested parties. This Letter of Understanding details the obligations of each party. I. CALTRANS -will: 1. provide for the installation of that portion of the irrigation system, as shown on Exhibit A, and by this reference made a part of this Letter of Understanding, at no cost to the CITY. 2. upon receipt of an encroachment permit appli- cation for work to complete the aforesaid landscape project, review and issue, at no cost,, the necessary encroachment permit. 3. As the Lead Agency, provide the Project 0 Report and Environmental Clearance documents required for the landscape project. II. CITY will: 1. complete or cause to be completed the remain- ing phases after CALTRANS completes the aforesaid phase to be completed by CALTRANS, at no cost to CALTRANS. 2. submit to CALTRANS an encroachment permit for all phases of the landscape project not done by CALTRANS. 3. provide that project plans, reports, estimates and other documents prepared by CITY or others, shall be accomplished in accordance with CALTRANS pclicies, procedures, practices and standards. 4. upon completion of each phase.of work, CITY Will maintain all work completed and after the entire project has been completed CITY will maintain the entire project at no cost to CALTRANS. III. IT IS MUTUALLY AGREED THAT 1. All obligations of CALTRANS under terms of this Letter of Understanding are subject to the appropria- tion of resources by the Legislature and the allocation of resources by the California Transportation Commission. 2 i 2. That neither Caltrans nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of any actions or omissions by the CITY under or in connection with the project, authority, or jurisdiction delegated to the CITY under this Letter of Understanding. It is also agreed that the CITY shall fully indemnify and hold Caltrans harmless from any liability (as defined in the Government Code) occurring by reason of anything done or omitted by the CITY and or its employees or independent contractors under or in connection with any work, or other activity performed by the CITY under this Letter of Understanding. This provision shall not apply in situations where Caltrans is solely at fault or negligent. 3. This Letter of Understanding will be in force until completion and acceptance by CALTRANS and CITY of the landscape project. 4. Upon acceptance, City maintenance of the completed landscape project will be as shown in the "Agreement for Maintenance of State Highways in the CITY." STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION LEC Dix By CITY OF SAN LUIS OBISPO "CITY" Date: Z-- (O — d-J 3 j i j Q % lvvrtA t -A )2)7 v'A Ci�y Clerk Pamela H ges I RESOLUTION NO. 5685 (1985 Series) RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING PLANS AND SPECIFICATIONS FOR THE SEWERLINE IMPROVEMENT PROJECT - SANTA MARIA /SANTA YNEZ, CITY PLAN NO. H -25R, AUTHORIZING STAFF TO ADVERTISE FOR BIDS AND APPROVING AGREEMENTS FOR EXPENDITURE OF FUNDS FOR SEWERLINE EASEMENTS. WHEREAS, the Council has budgeted funds for the Sewerline Improvement Projects; and WHEREAS, the Engineering Division of the Public Works Department has completed the plans, specifications and cost estimate for the project; and WHEREAS, easements are required for the construction of the sewerline; and WHEREAS, certain property owners are not directly served by the sewerline. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo, California hereby: 1. Approves Plans and Specifications for " Sewerline Improvement Project - Santa Maria /Santa Ynez, City Plan No. H -25R. " 2. Authorizes Public Works staff to advertise for bids. 3. Approves the two agreements, attached, which grant easements to the City in order to perform the work required for the project. 4. Directs Finance Director to pay the amounts specified. in the attached agreements to compensate owners for the easement. R 5685 On motion of Councilman Dunin - seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Dunin, Settle, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 4th-- - day of June------; 1985.. ATTEST: CITY CLERK PAMELA V GES APPROVED: GQ -Q - S- - -- - - - - - -- City Administ ati a Officer City qngineer Henderson /H25R -RES by 6pnrY15 �1 AGREEMENT This agreement, by and between the City of San Luis Obispo, a municipal corporation, hereinafter called "City," and ALCIDE J. BONIN and ELINOR:K. BONIN hereinafter called "Owners." Adopted on the 4th day of June, 1985. WITNESSETH: WHEREAS there has been called to the City's attention a poor condition of the sanitary sewers in the backyards of the properties on the Southwest side of Santa Maria Ave.; and WHEREAS the City has plans to correct the situation by the installation of new sewerlines with adequate slope and proper standards, and; WHEREAS it is necessary to have access to the area of construction. NOW, THEREFORE, the parties hereto mutually agree as follows: 1. Owners agree that the City may, at its sole cost, reconstruct the sewerline along the rear of their lots as shown on the plans for City Project H -25R, Sewerline Improvement Project (Santa Maria /San Miguel). 2. The City agrees to pay the full cost for the work including engineering, surveying, inspection, labor and materials. 3. The City agrees to connect the laterals now connected to the old sewer main from the subject properties into the new sewer main. 4. The City agrees to restore all landscaping and fencing removed or damaged by the installation of the sewerline to the original condition. 5. The owners agree to sign an easement for construction and maintenance of the new sewer main and agrees to allow access for the expedient construction and maintenance of the sewerline. 6. The owners agree to allow an additional five foot wide temporary easement adjacent to the permanent easement for temporary construction purposes. This temporary easement will become null and void following completion of construction. Agreement - Page 2. 7. The City agrees to install a sewer wye for the Owners future use in the location determined by the Owners. 8. The City agrees to pay the Owners $2000.00 compensation for the easement. 9. In the event that any controversy, claim or dispute arises relating to this instrument or the breach thereof the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorney's fees and costs. 10. The City intends to construct the sewerline in the summer of 1985, however, in the event that the City does not construct this sewerline for any reason within three years, this agreement shall become null and void. IN WITNESS WHEREOF, the parties hereto have executed this agreement the 9th day.of May , 1985 OWNERS: ATTEST :, s_. CITij CLERK PAMELA G S J ayne A �, eterson City Eng.neer CITY OF SAN LUIS OBISPO AGREEMENT This agreement, by and between the City of San Luis Obispo, a municipal corporation, hereinafter called "City," and Mary'L. Borah hereinaf ter called "Owners." Adopted on the 4th day of June, 1985. WITNESSETH: WHEREAS there has been called to the City's attention a poor condition of the sanitary sewers in the backyards of the properties on the Southwest side of Santa Maria Ave.; and WHEREAS the City has plans to correct the situation by the installation of new sewerlines with adequate slope and proper standards, and; WHEREAS it is necessary to have access to the area of construction. NOW, THEREFORE, the parties hereto mutually agree as follows: 1. Owners agree that the City may, at its sole cost, reconstruct the sewerline along the rear of their lots as shown on the plans for City Project H -25R, Sewerline Improvement Project (Santa Maria /San Miguel). 2. The City agrees to pay the full cost for the work including engineering, surveying, inspection, labor and materials. 3. The City agrees to connect the laterals now connected to the old sewer main from the subject properties into the new sewer main. 4. The City agrees to restore all landscaping and fencing removed or damaged by the installation of the sewerline to the original condition. 5. The owners agree to sign an easement for construction and maintenance of the new sewer main and agrees to allow access for the expedient construction and maintenance of the sewerline. 6. The owners agree to allow an additional five foot wide temporary easement adjacent to the permanent easement for temporary construction purposes. This temporary easement will become null and void following completion of construction. Agreement - Page 2. 7. The City agrees to pay the Owners $1500.00 compensation for the easement. 8. The City intends to construct the sewerline in the summer of 1985, however, in the event that the City does not construct this sewerline for any reason within three years, this agreement shall become null and void. IN WITNESS WHEREOF, the parties hereto have executed this agreement the _ 21st _ day of May , 19 85 , OWNERS: Mary L.orah ayne Peterson City gineer ATTEST: O' CIT CLERK PAMELA V GES CITY OF SAN LUIS OBISPO RESOLUTION NO. 5684 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO URGING THE STATE LEGISLATURE TO HOLD PUBLIC HEARINGS IN SAN LUIS OBISPO COUNTY REGARDING THE STORAGE OF RADIOACTIVE WASTE AT DIABLO CANYON NUCLEAR POWER PLANT WHEREAS, the California Pollution Control Financing Authority has authorized the sale by P.G.& E. of tax- exempt revenue bonds for the reconstruction of the fuel handling building at the Diablo Canyon Nuclear plant, in order to increase its capacity for spent nuclear fuel; and WHEREAS, the renovated facility will provide capacity for 19 years worth of high -level spent fuel in the form of spent reactor fuel; and WHEREAS, this facility was intended to be used to allow spent fuel to cool down for approximately 6 months before being transported to a permanent high -level radioactive waste repository; and WHEREAS, the U.S. Nuclear Regulatory Commission has authorized the storage of high -level spent fuel in the form of spent fuel at the reactor sites for 30 years beyond the expiration of the plant's operating license; and WHEREAS, the effect of long -term storage of spent radioactive fuel on the Diablo Canyon site has not been analyzed for possible area environ- mental and safety consequences; and WHEREAS, no site in California is being considered for a permanent waste repository for high -level nuclear spent fuel partly because of earthquake dangers; THEREFORE, BE IT RESOLVED that we request the California Legislature, through its appropriate Committees, to hold, as soon as possible, exploratory public hearings in San Luis Obispo County on this issue. R 5634 r Resolution No.5684 (1985 Series) Page 2 On motion of Councilwoman Dovey , seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Dovey, Settle, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted on the 4th. day of June , 1985. ATTEST: l -\ j J C�TY CLERK PAMELA ES Approved: ra"� OL City Administrative Officer City A orney * x s s-crfj:�, PI I C )vb eao° L RESOLUTION NO. 5683 (1985 Series) RESOLUTION APPROVING ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS, SERIES 1985 (FANNIE MAE PROGRAM /SOUTHWOOD APARTMENTS PROJECT), BY THE CITY OF SAN LUIS OBISPO HOUSING AUTHORITY. IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $10,000,000 WHEREAS, on January 2, 1985, a Notice of Public Hearing was published in the San Luis Obispo County Telegram- Tribune that the City Council would hold a public hearing on January 15, 1985, to receive public comment and discuss whether the Housing Authority of the City of San Luis Obispo ( "Authority ") should issue up to ten million dollars ($10,000,000) aggregate principal amount of tax- exempt multifamily housing revenue bonds ( "Bonds ") to finance the construction of a 168 unit multifamily housing project ( "Project ") located on a 7.67 acre parcel at 1045 Southwood Drive in the City being developed by Southwood Project, a California limited partnership; and WHEREAS, such public notice was in satisfaction of Title 26, Sections 5f. 1- 103- 2(f)(2) and 5f. 1- 103- 2(g)(3) of the Code of Federal Regulations promulgated pursuant to Section 103(d) of the U. S. Internal Revenue Code. of 1954, as amended ( "Code ") ; and WHEREAS, on January 15, 1985, the City Council held said public hearing with respect to the issuance of Bonds for said Project in satisfaction of Section 5f. 1- 102- 2(g)(2) of said Regulations promulgated pursuant to Section 103(k) of the Code; and WHEREAS, the City Council has not yet formally acted to approve issuance of the Bonds; and WHEREAS, Section 103(k)(2)(B) (i) requires that issuance of the Bonds be approved by the "applicable elected representative" in order for interest thereon to be exempt from federal income taxation; R 5683 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO RESOLVES THAT: Pursuant to Section 103(k) of the Code, formal approval is hereby confirmed for the issuance by the City of San Luis Obispo Housing Authority of Revenue Bonds in an aggregate principal amount of not to exceed ten million dollars ($10,000,000) to provide financing for the Southwood Multifamily Housing Project; and BE IT FURTHER RESOLVED THAT: This action represents both approval of the issuance of said bonds by the applicable elected representative of the issuer and the applicable elected representative of the governmental unit having jurisdiction over the area in which said Project is located, in accordance with Section 103(k) of the Code. On motion of Councilwoman..Dovey...... -., seconded by .. Councilman.. Griff in. -._. _..........__ I and on the following roll call vote: AYES: Councilmembers Dovey, Griffin, Dunin and Mayor Billig NOES: None ABSENT: Councilman Settle the foregoing Resolution was passed and adopted this 28th day of ......_...- Mnv....__...__. long I APPROVED: Ci'lty Administrative ORTcer, ,.1 City A rney 1fovsi19 4 —Aon� y /-Mane Roby RESOLUTION NO. 5682 (1985 Series) A RESOLUTION OF THE OOUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF A TWELVE -K)NPH TIME EKTENSION FOR TRACT 1117 LOCATED AT 411 FOOTHILL BOULEVARD MEMEAS, the subdivider requests a twelve -month time extension to receive approval of his final map; and TM] EAS, the subdivider has made reasonable progress toward completion of site improvements and needs additional time to make city - requested corrections prior to filing the final map; and MMEAS, the City Council has determined that the request for time extension is justified; NOW, THEREFORE, the City Council resolves as follows: Section -l. That Tract 1117 is granted a twelve -month time extension to May 3, 1986, subject to original tract map conditions as specified in City Council Resolution No. 5107 (1983 Series) attached hereto. On mction of - Councilwoman Dovey-----; seconded by Councilman- Griffin--- - -; and on the following roll call vote: AYES: Councilmembers Dovey, Griffin, Dunin and Mayor Billig NOES: None ABSENT: Councilman Settle the foregoing resolution was passed and adopted this 21st: day of 1985. R 5682 Resolution No. 5682 (1985 Series) Tract 1117 Page 2 -Pa-l-a-- -J�, - - - - - - - - - City Administrative ffic City Att ey Community Devd1cpment Director RESOLUTION N0..51O7 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR TRACT 1117 LOCATED AT 411 FOOTHILL BOULEVARD BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration of the tentative map of Tract 1117 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The tentative map is consistent with the general plan. 2. The design and improvements of the proposed subdivision are consistent with the general plan and specific plans. 3. The site is physically suitable.for the type of development proposed. 4. The site is physically suitable for the proposed density of development. 5: The design of the subdivision and the .proposed improvement are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. The design of the subdivision or the type of improvements are not likely to cause public health problems. 7. The design of the subdivision or the type of improvements will not conflict with easements for access through or use of property within the proposed subdivision. 8. The proposed subdivision.is granted a negative declaration on environmental impact. SECTION 2. Conditions. That the approval of the tentative map for Tract 1117 be subject to the following conditions: 1. Subdivider shall offer for dedication to the city, an additional 2 -feet along the property frontage for additional right -of -way for public sidewalk. '2. Final map shall show a 6 -foot wide public utilities easement along the property frontage. 3. Subdivider shall grant a blanket easement over the common lot area, except beneath structures, for underground public utilities serving the site, to the approval of the affected utility companies and City Engineer. 4. On -site sewer lines shall be privately owned and maintained except for existing city sewer main. 5. Final map shall note no structures and no loading from structures is allowed on city sewer easement or main. R 5107 ,..:,...... - Resolution No. 5107 (1983 Series) Page.2 6: Final map shall show the 10 -foot sewer easement. 7.1 Subdivider shall install individually metered water service to each unit. Meters shall be located at the property frontage, to the approval of the Public Works Department. 8. Water acreage charges shall be paid, as determined by the City Engineer, with . credit for existing units. 9. The driveway shall be a minimum of 20 -feet wide and designed with a traffic index (T.I.) = 4.0. The driveway shall be designated as a fire lane including painted curbs and signage, to the approval of the Fire Department. 10. All on -site driveways, parking, and.non - structural improvements and utilities shall be installed as subdivision improvements. 11. Units shall be numbered in accordance with an addressing plan, approved by the Community Development Department, Subdivider shall install a directory board at project entrance, to the approval of the Community Development Director. 12, Subdivider shall submit declaration of covenants, conditions and restrictions (CC &R's) and documents related to the creating of a homeowners association prior to final map approval, for review and approval by the Community Development Director and City Attorney. The CC &R's shall contain the following provisions: A. A homeowners' association to enforce the CC &R's and provide for professional, perpetual maintenance of all common areas including landscaping, building exteriors, private driveways, private utilities, lighting, walls, fences, etc., in first class condition; homeowners' association shall maintain area within the Foothill Boulevard right -of -way between.street paving and front property line; B. A right of the city of San Luis Obispo to compel performance if the homeowners association fails to perform and assess the homeowners association for expenses incurred; C. No parking in driveway (fire lane) except in approved designated spaces; D. Grant to the City of San Luis Obispo the right to tow away vehicles on a complaint basis, which are parked in unauthorized places; E. No boats, campers, motorhomes, trailers or inoperable vehicles to be on site. F. No unscreened outside storage by individual units; G. No change in city required provisions of CC &R's without prior City Council approval. H. Homeowners Association shall file with the City Clerk, the names and addresses of all officers of the Homeowners Association within 15 days of any.change in membership of the Homeowners Association. 13. Subdivider shall pay park -in -lieu fees for 6 units. Amount of fees shall be determined by -the Community Development Director. Resolution No. 5107 (1983 Series) Page 3 ' On motion of Councilman Settle seconded by Councilman Griffin , and on the following roll call vote: AYES: Councilmembers Settle; Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing resolution was passed and adopted this 3rd day of May 1983. ATTEST:. j Q . 44 City erk Pamela Voge APPROVED a City Administrative Of ice= City Attorney Community Development Director �'v��v� de�� ��SS ® � ��� J� ^ Resolution 8 l RESOLUTION N0. 5681 (1985 SERIFS) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN AMENDMENT TO THE GENERAL PLAN LAND USE EI MENT MAP FOR 1490 SOUTHmOD DRIVE (GP /R 1200) AND AN AMENDMENT OF THE GENERAL PLAN LAND USE RfZMNT TEXT (GP 1212) MUMEAS, the Planning Commission and City council have held public hearings on the subject general plan map and text amendments in accordance with the California Government Code and the General Plan Amendment Regulations of the city; and WMEAS, the item has cane to the council upon the referral of the Planning Commission and the council has considered the reports of staff, minutes of the Planning Commission, public testimony, and materials submitted by the applicant; and *1EREAS, the potential environmental impacts of the changes have been evaluated in accordance with the California Environmental Quality Act and the city's Environmental Impact Procedures and Guidelines. NOW, THEREFURE, the cc moil resolves to deny the general plan map and text amendments as follows: SECTION 1. Findings: That this council, after consideration of the general plan amendments GP /R 1200 and GP 1212 and the Planning Ccrmnission's referral and staff report thereon, makes the following findings: A. GP -1212 - General Plan Text Amendment (Section C.3.b.2. of the Land Use Element): 1. The amendment will severely undermine city goals to concentrate office uses in the periphery of the Central Business District and to preserve the homogeneous character of residential neighborhoods. R 5681 Resolution No. 5681 (1985 Series) GP /R 1200 - GP 1212 Page 2 2. Residential use is a suitable option at the site. 3. The City Council concurs with the Coamunity Development Director's determination that the proposed general plan text amendment will not have a significant effect on the environment and has granted the project a negative declaration. B. GP /R-1200 - General Plan Map Amendment (Medium - density Residential to Office 1. The Land Use Element Map change is not consistent with general plan policies. 2. The City Council concurs with the Ccaminity Development Director's determination that the proposed general plan map anwxKhlent and rezoning will not have a significant effect on the environment and has granted the project a negative declaration. PASSED AND ADOPTED by the Council of the City of San Luis Obispo at a meeting thereof held on the 219t: day of - -May 1985; on motion of - Councilwoman - Dovey - - - -; seconded by _.-Mayor Billig ; and on the following roll call vote: AYES: Councilwoman Dovey, Mayor Billig and Councilman Griffin NOES: Councilman Dunin ABSENT: Councilman Settle v Resolution No. 5681 (1985 Series) GP /R 1200 - GP 1212 Page 3 I City AdministrativeyoffVer City Attorn Camdmity Development Director sv6dioo'er doss RESOLUTION N05680(1985 Series) A RESOLUTION OF THE COUNCIL OF THE QTY OF SAN LUIS OBISPO ADOPTING HISTORICAL PRESERVATION PROGRAM GUIDELINES WHEREAS, in 1981 the City Council created the Cultural Heritage Committee (CHC) and charged it with overseeing the development of an historic preservation program; and WMMAS, in 1983 the CHC colleted a comprehensive inventory of historic . resources in San Luis Obispo and this inventory was adopted by Resolution # 5197 of the City Council; and 6, the city staff and the CHC have worked together to develop guidelines and ordinances that establish a program which fosters the preservation of the community's historic resources; and 4MMM, the attached program guidelines are intended as the first step in establishing a preservation program and should guide future implementation. NOW THEREFORE $E IT RESOLVED BY the Council of the City of San Luis Obispo as follows: 1. This Historic Preservation Program Guidelines, attached hereto as Exhibit "A"; are hereby adopted and shall go into effect upon adoption of ordinances which create an Historic Preservation Committee and establish historic zoning districts. Until these guidelines become effective, they shall be a source of information for program implementation. 2. The Community Development Department shall publish these guidelines and make them available to the public. On motion of - Councilmarf -Griffin "-- - -, seconded by Mayor-Billig - - - - - , and on the following roll call vote: AYES: Councilman Griffin, Mayor Billig, Councilmembers Dovey and Dunin NOES: None ABSENT: Councilman Settle II -r1:Ii Resolution No. 5680 (1985 Series) Page 2 ^, l the foregoing resolution was passed and adapted this -21st:- of - - -May ; 1985. . 4-cm City Clerk Pamel Ooges City Administrative Yoffic4x, D -2 Sr�,�� � I I����.� ��� � .� :; _ - �- - �. �. J RESOLUTION NO.5679 (1985 Series) A RESOLUTION APPROVING THE BID PACKAGE FOR THE CONTRACT TO FURNISH TRANSIT COACHES BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That the bid package for the contract to furnish coaches is hereby approved. 2. That the City Clerk is directed to advertise for bid proposals. On the motion of Councilman Dunin I seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Dunin, Griffin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle the foregoing Resolution was passed and adopted this 21st-day of May 1985. ATTEST: CIT CLERK PAMELA VO S ssssssasss APP D; City Administrative Offi er MAYOR LANIE C. BILLIG R 5679 RESOLUTION NO. 5678 (Series 1985) A RESOLUTION APPROVING AGREEMENT NO. 64D413 BETWEEN THE STATE OF CALIFORNIA AND THE CITY OF SAN LUIS OBISPO FOR IMPLEMENTATION OF AN UMTA SECTION 18 CAPITAL GRANT BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That Agreement Number 64D413 between the State of California and the City of San Luis Obispo is approved for implementation of an UMTA Section 18 capital grant and the Mayor is authorized to execute the same. 2. The City Clerk shall furnish a copy of this Resolution and the original and five copies of the executed Agreement to: State Department of Transportation Chief, Federal Assistance Branch Division of Mass Transportation 1120 N Street Sacramento, CA 95814 Attn: Arlyce Barreiros 3. That an appropriation of $58,000 is authorized from the Transit Equipment and Facilities Reserve to account number (90) 53- 7550 -490. On motion of Councilman Dunin , seconded by Councilman Griffin , and on the following roll call vote: AYES: Councilmembers Dunin, Griffin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle the foregoing Resolution was passed and adopted this 21st. day of May , 1985. R 5678 Resolution No. 5678 (19r ieries) Page 2 MAYOR MMANIE C. BILLIG ATTEST: 0,-," 0 CI Y CLERK PAMEL VOGES * * * * * * * * * * * * * * * * * * * * * ** APPROVED: Q. 4 City Administrative ffice WI// .:�i..i /%�L.Ai eatx-t 0 - ina�c� Af RESOLUTION NO. 5677 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO TRANSFERRING DEVELOPER'S CONTRIBUTION AND UNAPPROPRIATED SALES TAX FUNDS TO PROJECT ACCOUNTS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That $20 ;000 be transferred from Account No. 60- 1881 -040 (Tract 703) to Project Account No. 23- 5171 -000 (E47). SECTION 2. Appropriate $10,000 from the Transportation Development Act -Local Transportation Fund unappropriated balance to Project Account. No. 23 -5171 -000 (D59). on motion of. - Councilman- Dunin seconded by - - - Councilman - Griffin - - ; and on the following roll call vote: AYES: Councilmembers Dunin, Griffin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle the foregoing Resolution was passed 'and adopted this 21st: " -- day of - - - - -May- - - - - ; 1985. R 5677 Resolution No. 5677 (1985 Series) Page Two. APPROVED: Cit Administrative Offi er City Atto p ey Finance Dire or ity 13igineer 6.-#7 e/7n9 fi��v RESOLUTION NO. 5676 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING PROGRAM SUPPLEMENT NO. 7 TO THE LOCAL AGENCY -STATE MASTER AGREEMENT NO. 05 -5016 FOR FEDERAL -AID PROJECTS FOR TWO TRAFFIC.SIGNAL PROJECTS WHEREAS, the Congress of the United States has in 1982 U.S. Surface Transportation Act declared it to be in the national interest for federal funds to be expended for highway projects on the Federal Aid Urban system; and WHEREAS, the City and State have entered into Master Agreement No. 05 -5016 for Federal -Aid Projects, and WHEREAS, the proposed program supplement No. 7 to the Master Agreement is in keeping with State and Federal guidelines; and WHEREAS, the Engineering Division of the Public Works Department has completed plans for the traffic signal projects on Higuera Street at Tank Farm Road and on Johnson Avenue at San Luis Drive. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of San Luis Obispo, California hereby: 1. Approves that certain agreement, attached hereto marked Exhibit A. and incorporated herein by reference, between the City of San Luis Obispo and the State of California, Department of Transportation, and the Mayor is authorized to execute the same. 2. Authorizes the City Clerk to transmit both of the original agreements, attaching to each a copy of this resolution, to: R 5676 Resolution No. 5676 (1985 Series) Page 2. Mr. W. W. Evans Asst. Dist. Local Assistance Engineer Department of Transportation P.O. Box 8114 San Luis Obispo, CA 93403 -8114 On motion of Councilman - Dunin seconded by - - Councilman - Griffin and on the following roll call vote: AYES: Councilmembers Dunin, Griffin, Dovey. and Mayor Billig NOES: None ABSENT. Councilman Settle the foregoing Resolution was passed and adopted this 21st. day of - - - - - -May. 1985. APPR_ - Cif- ��Q - City Administrative Offi er City ngineer � L7r-w? ` Local- Agencv ..Ci 4 Y Suppleme;,•lVo. To Local agency -State Agreement `o. 05 -5016 Project No. MMG -Y388 (1 ) & Project No. MG- Y393(1) PROGRAM OF LOCAL AGENCY FEDERAL -?SID URBAN SYSTEM PROJECTS IN THE City of San Luis Obispo Luca! Agency Pursuant to the Federal -Aid for Urban Systems Acts, the attached !"Program" of Federal -lid Urban System Projects marked "Exhibit B" is hereby incorporated in that Master Agreement for the Federal Aid Program which was entered into between the above named LOCAL AGENCY and the STATE on June 22 1978 and is subject to all of the terms and conditions thereof. The subject program is adopted in accordance with Paragraph 2 of Article II of the aforemen- tioned agreement under authority of City/Ct w2ity Resolution No. 5676 (1985 Series) approved by the City Council/B� 48V &00t= on May 21 1985 (See copy attached). Approved for State District Director of Transportation District 5 Date_ Department of Transportation City of Ran Tttic n ic=n Local Agency i i By T, Mayon e1`nie C. 51111 Attest / City Clerk Pame� Voges Dare I her y. Certify that upon my own personal knowledge that budgeted funds are available for this encumbrance Accounting Officer / ( (J Date E /,� L��J_�•G'c7 Chapter Statutes Item Fiscal Yr. Program BC Category Fund Source s ;ILI L. h fs .. ' ; , , i 1— S x LW Qn U �i v7 ' z Q' ' Q ) i A Wr F:I r 0 Z H Z w LU CL CL E Q C L7 O a rn r1 N ,—I u O, a v ez O N O N .H a c 4 U 1 J J N rU. v o N U I rz -W C) --. rc; c z (1) yacro J w Ew 1 ro U I O t! 2 r y S4 ro E v N O n o aJ •rl r rl r-I 1a >, N H 01 N c vuN E EO O v r� a U co s4 w U R QJ U u O 04 aJ •11 w .l1 E ro LW s4 ,-, N r-I C ro v v E LW 0 U •r r+ v •rl U z z W .3 0 O - S4 41 1 N 1 a 1-I ri U is 11 -W v GL r La C c �4 N c N W z La O AE O° rrI�O r(! H v v :3 s4 C c E" L( U Q) W w O D U c U (1) w c U -H C -ri ^y .7. 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M W S -- % c Q1 Q) ra •li U O ro ro •ri r6 •ri N =, Q) rG N •r{ ri dJ (G Lam, E �4 +1 > O 1) N C4 =1 C dJ ro rc 7 O E •ri C3a� ° - lL0o 441a r-I n V v V r3 •^I � � � �4 4 E ro C. N M ro -J y L4 Q) JJ z c U am 3 c c 0 41 H cn U rn ro r-1 O a +1 U !!7 C y E ro > E a H C % 7 14 u C) C) ro N 1-I > H v l4 Z z N 0 r- 1 Q1 rd 0 NOy �4JNyOy'ar- > v >>4< ^W•�c(a --ro •ri U Sd C > O ro •ri N •rl S4 ,1 N O n r7 3 - 4J G.+ 0 7 { .A O ro N ro N c N U 11 ro >+ 7 O E C c I r-I ti? iJ r-I C) aJ c ro ro U •ri C7 C) ro c .r{ yJ c c 3 c a) (6 14 c G J rl •rCi ? r c +1 0 0 C1 .J 0 4 O ri :J L C) U) N 0 a > C 1J O 7 U Cr � C 0 c U N O }, ro w Q) 41 ; U r3 71 > O Q) -H 1.4 U 4J O S4 Q) U O c CJ }J .•� U x -,_I C. 0 (J) .r• >, 0n r Q) L r3 41 -n N U y CO O C) ro .-i �4 U V c O� N U < W ^. :J Jl r-I N rh C' l!1 RESOLUTION NO. 5675 (1985 Series) A RESOLUTION ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE AND ANNUAL TAX INCREMENT FROM THE CITY OF OF SAN LUIS OBISPO TO THE COUNTY OF SAN LUIS OBISPO WHEREAS, in the case of a jurisdictional change other than a city incorporation or district formation which will alter the service area or responsibility of a local agency, Revenue and Taxation Code Section 99(b) requires that the amount of property tax revenue to be exchanged, if any, and the amount of annual tax increment to be exchanged among the affected local agencies shall be determined by negotiation; and WHEREAS, when a city is involved, the negotiations are conducted between the City Council and the Board of Supervisors; and WHEREAS, Revenue and Taxation Code Section 99(b) requires that each local agency, upon completion of negotiations, adopt resolutions whereby said local agencies agree to accept the negotiated exchange of property tax revenues, if any, and annual tax increment and requires that each local agency transmit a copy of each such resolution to the Executive Officer of the Local Agency Formation Commission; and WHEREAS, no later than the date on which the certificate of completion of the jurisdictional change is recorded with the County Recorder, the Executive Officer shall notify the County Auditor of the exchange of property tax revenues by transmitting a copy of said resolutions to him and the County Auditor shall thereafter make the appropriate adjustments as required by law; and R 5675 WHEREAS, the negotiations have taken place concerning the transfer of property tax revenues and annual tax increment between the County of San Luis Obispo and the City of San Luis Obispo pursuant to Section 99(b) for the jurisdictional change designated as Billy Goat Acres, a portion of Parcel 53- 111 -22 and WHEREAS, the negotiating parties, to -wit: William E. Briam, County Administrator, County of San Luis Obispo and Paul A. Lanspery, City Administrator, City of San Luis Obispo, have negotiated the exchange of property tax revenue and annual tax increment between such entities as hereinafter set forth; and WHEREAS, it is in the public interest that such negotiated exchange of property tax revenues and annual tax increment be consummated. NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the Council of the City of San Luis Obispo as follows: 1. That the recitals set forth above are true, correct and valid. 2. That the City of San Luis Obispo agrees to accept the following negotiated exchange of property tax revenues and annual tax increment: a. Property tax revenues previously distributed to the City ($58.18 in FY 1984 -85) shall be transferred from the City of San Luis Obispo to the County of San Luis Obispo in the fiscal year 1986 -87. b. Annual tax increment in the amount to be determined by the County Auditor, based upon the following percentage agreed to by the negotiating parties, (100 percent), shall be transferred from the City of San Luis Obispo to the County of San Luis Obispo in the fiscal year 1986 -87 and each fiscal year thereafter. 3. Upon receipt of a certified copy of this resolution and a copy of the recorded certificates of completion, the County Auditor shall make the appropriate adjustments to property tax revenues and annual tax increment as set forth above.. 4. That the City Clerk is authorized and directed to transmit a certified copy of this resolution to the Executive Officer of the San Luis Obispo County Local Agency Formation Commission, who shall then distribute copies thereof in the manner by law. � t On motion of Councilman Dunin , seconded by Councilman Griffin , and on the following roll call vote: AYES: Councilmembers Dunin, Griffin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle the foregoing Resolution was passed and adopted this 21st day of May , 1985 *sssssms *sasssss APPROV Q 4L5V!�� City Administrative 6fficei City At orney Finance-biredtor Director of Community Development Li I RESOLUTION NO. 5674 (Series 1985) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE SALE OF CITY PROPERTY LOCATED AT 642 EMILY STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1: to declare the property located at 642 Emily Street to be surplus and available for sale. SECTION 2. to authorize the sale of city property located at 642 Emily Street. SECTION 3. to direct the Public Works Director to advertise for bids through a written offering. SECTION 4. to refer this sale to the Planning Commission for a determination and recommendation regarding conformance to the General Plan. SECTION 5. to direct staff to a) offer for sale or lease the above referenced property to the Housing Authority for construction of low - and moderate - income housing and b) offer the property for sale or lease to county, regional or state agencies for recreational or open -space purposes. On motion Of Councilman Dunin , seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Dunin, Griffin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle the foregoing Resolution was passed and adopted this 21st day of MAV IORS R 5674 Resolution No. 5674 (Series 1985) Page Two City AdministratYve Officer Public Works Director P(W16 1()Ol)r(--"S 114nnloq- 71 % vJ r � RESOLUTION NO. 5673 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND MOUNTAIN AIR SPORTS, INC. TO OPERATE A SAILBOARDING SCHOOL AND EQUIPMENT RENTAL CONCESSION AT LAGUNA LAKE PARK. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and Mountain Air Sports, Inc. is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: Wayne Patterson, President of Mountain Air Sports, Inc. and the City Director of Parks and Recreation. ON MOTION of Councilman Dunin and on the following roll call vote: seconded by Councilman Griffin AYES: Councilmembers Dunin, Griffin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle The foregoing resolution was passed and adopted this 21st day of May . 1985. ATTEST :-mi Mayot Melanie C. 'llig l \� U ,. Cit Clerk, Pamel Voges APPR lJ City Administrative Officer City Att ney R 5673 T EXHIBIT "A" A G R E E M E N T TO CONDUCT BOARDSAILING INSTRUCTION AND BOARDSAILING EQUIPMENT RENTAL CONCESSION AT LAGUNA LAKE PARK IN THE CITY OF SAN LUIS OBISPO. THIS AGREEMENT, made and entered into this 21st day of May, 1985, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, (hereinafter "City ") and Mountain Air Sports, Inc., Wayne Patterson President. WITNESSETH: WHEREAS, City is the owner of a park facility in City's Laguna Lake Park and WHEREAS, Laguna Lake Park has become one of San Luis Obispo County's most popular areas for engaging in the sport of boardsailing; and WHEREAS, Permittee will offer a safe course of instruction and safety approved equipment for the furtherance of this recreational activity at an affordable fee for any interested person; NOW THEREFORE, in consideration of the mutual promises, agreements, covenants and conditions herein set forth, City and Permittee hereby mutually agree and covenant as follows: City hereby grants permission to Permittee to conduct a boardsailing instruction school and boardsailing equipment rental concession at Laguna Lake Park upon the following terms and conditions: 1. The term of this Agreement shall be for one year, provided that Permittee shall have an option to renew this Agreement, on the same terms and conditions as herein set out, for a period of two additional years. Permittee shall give City notice of this option no later than 60 days prior to the end of the initial oneyear period. 2. Permittee shall pay City 10 percent of the gross receipts from both instruction and rental activity. Instruction and rental fees shall be subject to the approval of City's Parks and Recreation Director. Payments to City hereunder shall be made quarterly on the first weekday of April, June, October and January and shall be accompanied by a quarterly report of business income. AGREEMENT: City /Mountain Air Sports, Inc. page 2 Payment shall be made and reports shall be submitted at the Park and Recreation Department Office, P.O. Box 8100, San Luis Obispo, CA 8100 - 93403. 3. This Agreement may be terminated by either party by giving thirty (30) days prior written notice to the other party of its intention to do so. 4.. This Agreement is of a personal nature and assignment or transfer by Permittee of this Agreement or of any privileges given hereunder shall not be permitted. 5. The City shall not be responsible to Permittee for any loss of property. 6. Permittee hereby waives any and all Claims for damages that may be caused by the City in terminating this permit. Permittee hereby also waives any and all claims against the City for damages to any property of Permittee from any cause arising at any time. 7. The City reserves the right at any time to make such reasonable rules and regulations as in its judgment may from time to time be necessary for the safety and operational functioning of Laguna Lake Park and Permittee's activities there. Permittee hereby agrees to strictly comply therewith.. 8. Permittee shall defend, indemnify and save harmless the City of San Luis Obispo, its officers, agents and employees from any and all claims, demands, damages, costs, expenses, or liability occasioned by the performance or attempted performance of the previsions hereof, or in any arising out of this Agreement or any wrongful act or any negligent act or omission to act on the part of Permittee, or of agents, employees, or independent contractors directly responsible to Permittee. The foregoing shall apply to any wrongful acts, or any actively or passively negligent acts or omissions to act AGREEMENT: City /Mountain Air Sports, Inc. page 3 committed jointly or concurrently by Permittee, Permittee's agents, employees, or independent contractors and the City, its agents, employees, or independent contractors. 9. Permittee shall at all times be regarded an independent contractor and shall not at any time act as agent for City. 10. (a) Permittee shall obtain and maintain in full force and effect at all times during the term hereof, personal and bodily injury insurance, including death resulting therefrom, and property damage insurance with an insurance carrier satisfactory to the City. This comprehensive general liability insurance shall include, but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any accident occurring on or about the property in the operations hereunder, caused or arising out of any act or failure to act of Permittee, or resulting from any act or failure to act of Permittee pursuant to this Agreement. The above - mentioned comprehensive general liability insurance shall provide single limit coverage applying to bodily and personal injury liabiity, including death resulting therfrom, property damage or a combination of these in an amount of not less that $1,000,000. The following provisions shall apply on all of the above - mentioned policies: (1) If the insurance policy covers on an "accident" basis, it must be changed to "occurrence." (2) The Liability policy must cover personal injury as well as bodily injury. AGREEMENT: City /Mountain Air Sports, Inc. page 4 (3) The Liability policy shall include a cross- liability or severability of interest endorsement. (4) Broad form property damage liability must be afforded. (5) City of San Luis Obispo, its officers, agents and employees, shall be named Insured under any policy, and the policy shall stipulate that this insurance will operate as primary insurance and that no other insurance effected by the City of other named insured will be called upon to contribute to a loss covered thereunder. (b) Permittee shall maintain in full force and effect, for the period covered by this Agreement, full Worker's Compensation insurance as required by California law. In the event that the Permittee is self- insured, it shall furnish a Certificate of Permission to Self- Insure signed by the Department of Industrial Relations, Administration of Self Insurance, Sacramento. (c) The following requirements apply to all insurance to be provided by Permittee: (1) A Certificate of Insurance shall be furnished to City. (2) Certificates and policies shall state that the policy shall not be cancelled or reduced in coverage without thirty (30) days written notice to the City of San Luis Obispo. (3) Any failure to maintain required insurance will be sufficient cause of termination of this Agreement. (4) Insurance required shall be placed in a company or companies authorized to do business in the State of California and accessible to the City and have policyholder surplus of at least ten (10) times the amount or limit of liability afforded by the insurance company. AGREEMENT: City /Mountain Air Sports, Inc. page 5 (5) Approval of the insurance by the City shall not relieve or decrease the extent to which the Permittee may be held responsible for payment of damages resulting from its operations. 11. Permittee agrees and promises that it will comply with and observe any and all statutes, ordinances, rules and regulations of Federal, State, and local authorities presently in effect and as may be amended. 12. In the event Permittee fails to comply with any term or condition hereof, City may terminate this Agreement by giving Permittee ten (10) days written notice thereof; provided that no waiver by City of any failure by Permittee to comply with any term or condition of this Agreement shall be or be construed to be a waiver by City of any similar or other failure by Permittee to comply with any term or condition of this Agreement. 13. The City Director of Parks and Recreation shall designate a site at Laguna Lake Park where Permittee may operate his business; provided, that all equipment shall be removed as required by paragraph 15, below. 14. Permittee allowed to operate up to 7 days a week, dawn to dusk hours, provided a monthly schedule be delivered to the Parks and Recreation. Schedule to be at department 2 weeks in advance of month in question. 15. Permittee agrees that any and all concession equipment will not be placed within the Park more than one -half hour prior to opening and all concession equipment will be removed from Park no later than one -half hour after closing time. AGREEMENT: City /Mountain Air Sports, Inc. page 6 16. The maximum number of students receiving training at any given time shall not eaxceed 7, with no more than 4 students on the water at one time during either stage of training. IN WITNESS WHEREOF, the parties hereto have signed this agreement on the date first written above. ATTEST: CITY OF SAN LUIS OBISPO City Jerk Pamela Vo s MOUNTAIN f PORTS, INC. Wayne Patterson, President ,41r ✓ �Ij'1Q�1� ?G