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HomeMy WebLinkAbout6425-6449RESOLUTION N0. 6449 (1988 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR MINOR SUBDIVISION NO. 88 -21 LOCATED AT 285 GRAND AVENUE 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 Minor Subdivision No. 88 -21, and the Community Development Director's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The design of the subdivision and proposed improvements are consistent with the general plan. 2. The site is physically suited for the proposed type and density of development which is permitted by the R -1 zone. 3. The design of the subdivision and proposed improvements are not likely to cause substantial environmental damage, cause serious health problems, or substantially and unavoidably injure fish or wildlife or their habitat. 4. The design of the subdivision or type of improvements will not conflict with public easements for access through or use of property within the proposed subdivision. 5. The Community Development Director has determined that the proposed subdivision will not have a significant effect on the environment and has granted a negative declaration. SECTION 2. Exceptions. Approval of reduction of lot depth required from 90 -feet to 80 -feet on Parcels 1, 2, and 3, based on the following findings: 1. Due to the shallow configuration of the property to be divided, and the existence of an embankment at the rear of the property, it is impractical and undesirable to conform to the strict application of these regulations. 2. The cost to the subdivider of strict or literal compliance with the regulations is not the sole reason for granting the modification. 3. The modification will not be detrimental to the public health, safety, and welfare, or be injurious to other properties in the vicinity. R6449 Resolution No. 6449 �,-1%8 Series) Page 2 4 4. Granting the modification is in accord with the intent and purpose of the Subdivision Regulations, and is consistent with the General Plan and with all applicable specific plans or other plans of the city. SECTION 3. Conditions. That the approval of the tentative map for Minor Subdivision No. 88 -21 be subject to the following conditions: 1. A final map shall be submitted to the city for review, approval and recordation. 2. Subdivider shall dedicate sufficient right -of -way to allow for a 30 -foot radius curb return at the corner of Grand Avenue and McCollum Street, to the satisfaction of the City Engineer. 3. Subdivider shall install frontage improvements consisting of curb, gutter, sidewalk and paving for a half- street within McCollum Street right -of -way. Improvements shall be constructed in accordance with city standards, and to the satisfaction of the City Engineer. 4. Frontage improvements to be installed by the subdivider shall include a median planter around the mature Acacia tree and a modified curb alignment along the McCollum Street frontage of Parcels 2 and 3, to allow for preservation of existing mature trees located within the right -of -way in front of those two lots, to the approval of the Community Development Director and City Engineer. The driveway location for parcel 3 shall be modified to preserve these trees. Trees in front of parcel 4, except the acacia noted above, may be removed. 5. Subdivider shall provide two parking spaces as required by the Zoning Regulations on the westerly side of the house on Lot 4, to the approval of the Community Development Director. 6. Final map shall note that development of Lot 1 shall require installation of a fire sprinkler system, to the satisfaction of the city Fire Marshal. 7. Final map shall show dedication to the city of access rights along the Grand Avenue frontage on Parcel 4. 8. This approval shall be for three lots only. Final map shall reflect revised parcel configuration. SECTION 4. Code Requirements. The following represent standard requirements requird by various codes, ordinances, and policies of the City of San Luis Obispo, but are not limited to the following: 1. Subdivider shall install street trees in accordance with city standards, at the time of future development of each parcel. r� c Resolution No. 6449 (1988 Series) Page 3 2. Subdivider shall provide individual sewer, water, and utility services from all parcels. New utilities shall be underground. 3. Subdivider shall pay water acreage and frontage fees as determined by the City Engineer prior to final map approval. 4. Subdivider shall pay park in -lieu fees for two parcels, prior to final map approval. 5. Subdivider shall install street lights in accordance with city standards. On motion of Councilman Settle , seconded by Councilwoman Rappa , and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Pinard and Mayor Dunin NOES: Councilman Reiss ABSENT: None the foregoing resolution was passed and adopted this 6th day of June 1988. ATTEST: i C. City Clerk Pam Voges V i Resolution No. 6449 .Page 4 APPROVED: (1988 Series) Ci y Admi istrative Officer City torney Community Development Director C� 1117�j rl' Q RESOLUTION NO. 6448 (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING A CRITICAL WATER PERIOD FOR THE CITY OF SAN LUIS OBISPO WHEREAS, the City of San Luis Obispo obtains its water supply from the Salinas and Whale Rock Reservoirs; and WHEREAS, the runoff into the reservoirs has been below normal for the last two years; and WHEREAS, the City's water demand is currently exceeding the safe annual yield of its reservoirs; and WHEREAS, according to the Annual Water Operational Plan, the City needs to reduce its water demand by fifteen to twenty -five percent; and WHEREAS, mandatory water conservation measures are needed to reduce this demand; NOW THEREFORE BE IT RESOLVED that in accordance with Municipal Code Section 13.07.030 through 13.07.050, the City Council of the City of San Luis Obispo hereby declares a critical water period. BE IT FURTHER RESOLVED that in order to conserve water during a critical water period, the City Council hereby authorizes its staff to implement the conservation measures described and authorized in the said sections of the San Luis Obispo Municipal Code and any other conservation measures as it deems appropriate for the duration of the critical water period.. z r� R6448 Resolution No. 6448^ 88 Series Page 2 �1 On motion of Councilwoman Rappa , seconded by Councilman Reiss and on the following roll call vote: AYES: Councilmembers Rappa, Reiss Pinard, Settle and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 6th day of June , 1988. MAYOR Ron Dunin ATTEST 1 / CITY CLERK Pam Voges APPROVED: K Administrative Officer City i) torney = D ��io,J Public Works Director Utilites Manager f=o ,. ��� .:�; . �. ,,. RESOLUTION NO. 6447 (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING WATER SERVICE RATES AND RESCINDING RESOLUTION NO. 5871 AND 6421. WHEREAS, the City of San Luis Obispo is responsible for the efficient operation of its water utility; and, WHEREAS, the City is currently developing a Water Management Plan; and, WHEREAS, the continued operation and maintenance of the water utility requires adequate revenues; and, WHEREAS, the City encourages water conservation by all users. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo establishes the philosophy and structure for water service rates, charges and deposits as set forth below: SECTION 1. Rate Philosophy Statement The primary goals of the City of San Luis Obispo's water utility are to provide quality water service to its citizens and to function as a self- sufficient enterprise. The water should meet all health standards, be free of bad taste and odors, provide adequate fire protection, and assure reliability and continuity of service to users. R6447 Resolution No. 6447 (1988 Series) To accomplish these goals, the City water utility operations shall be efficiently managed and based on a sound economic foundation. This means following prudent business practices and setting equitable service rates which will result in revenues sufficient to cover expenses. The water service rates shall be based on a cost of service approach while encouraging water conservation, and shall be reviewed at least annually. SECTION 2. Deposit Prior to Initiation of Service. All new applicants for service shall establish credit by depositing in advance the amount of $25.00 or the monthly readiness to serve charge, whichever is greater. Such deposit will be either credited to the customer's regular billing, following one year of satisfactory payment history, or applied to the closing bill, whichever occurs first. SECTION 3. Charges for New Service. NOMINAL SERVICE SERVICE METER SIZE INSTALLATION METER INSTALLATION TOTAL 5/8 inch $400.00 $ 70.00 $ 17.00 $487.00 3/4 inch 400.00 80.00 17.00 497.00 1 inch 450.00 120.00 17.00 587.00 1 1/2 inch 500.00 290.00 17.00 807.00 2 inch 550.00 428.00 17.00 995.00 Larger than 2 inch Actual Cost Resolution No. 6447 (1988 Series) SECTION 4. Additional Charges for Water Service: a. Acreage Charge: $1,900 per acre (Res. 6421 ((1988 Series)) b. Front Footage Charge: 19.00 per front foot SECTION 5. Retirement or Removal of Meter. a. Meter Removal. 5/8 through 2 inch $15.00 Larger than 2 inch Actual Cost b. Service Retirement. 5/8 through 2 inch $75.00 Larger than 2 inch Actual Cost SECTION 6. Rates for Service per Bi- monthly Billing Cycle: a. READINESS TO SERVE CHARGE: METER SIZE INSIDE CITY OUTSIDE CITY 5/8 x 3/4 $ 7.40 $ 14.80 3/4 inch 11.10 22.20 1 inch 18.50 37.00 1 1/4 inch 29.60 59.20 11/2 inch 44.54 89.08 2 inch 74.00 148.00 3 inch 132.89 265.78 4 inch 235.70 471.40 6 inch 356.30 712.60 8 inch 10 inch 561.85 1123.70 712.59 1425.18 Resolution No. 644 (1988 Series) �+ b. COMMODITY CHARGE PER HUNDRED CUBIC FEET OF WATER (CCF) PER DWELLING UNIT, FOR ACCOUNTS CLASSIFIED RESIDENTIAL SINGLE - METERED, DUPLEX, APARTMENT, OR MOBILE HOME PARK, AND PER ACCOUNT FOR ALL OTHER USERS: 0 TO 10 CCF ................ ..........................$0.75 In Excess Thereof .......... ..........................$1.50 SECTION 7. Meter Testing. 5/8 inch meter test $ 30.00 3/4 inch meter test 30.00 1 inch meter test 30.00 1 1/2 inch meter test 75.00 2 inch meter test 75.00 Compound Meter Testing: All compound meters and compound fire meter testing will be done at actual City cost plus an administrative charge at the approved overhead rate. Compound Fire Meter Testing: All compound meters and compound fire meter testing will be done at actual City cost plus an administrative charge at the approved overhead rate. Resolution No. 64�; (1988 Series) SECTION 8. Restoration- Reconnection Charge. a. During normal working hours: $15.00 b. Weekends, holidays, and after normal working hours: 30.00 SECTION 9. Temporary Service on a Fire Hydrant. Persons obtaining water from City fire hydrants pursuant to this section shall use City -owned water meters. The fees for the use of said meters shall be as follows: a. A refundable deposit in the amount of $550.00 shall be paid prior to the issuance of the permit and meter. Any damage to said meter other than normal wear and tear, and any unpaid meter rental fees, shall be payable from said deposit. b. A meter rental fee in the amount of $50.00 per month shall be charged until the meter is returned to the city. SECTION 10. Private Fire Protection Service. a. There shall be no charge for any private fire protection service which is connected exclusively to automatic fire sprinklers and which is equipped and inspected pursuant to the provisions of the Uniform Fire Code Section 13.308(e). b. The monthly charge for all other private fire protection services shall be as follows: 4 inch service connection or smaller $10.00 6 inch service connection 15.00 8 inch service connection 20.00 10 inch service connection 25.00 Resolution No. 6447' (1988 Series) Rates for service connections larger than 10 inches shall be established on an individual basis by separate resolution of the Council. SECTION 11. Delinquent Charges. A delinquent charge of $5.00 shall be applied to all past due accounts after 60 days from the date shown on the bill as the "billing date ". SECTION 12. The rates set forth in this Resolution shall be applied to all bills issued on or after August 1, 1988. SECTION 13. Resolution No. 5871 and 6421 establishing water rates and charges are hereby rescinded. On motion of Councilwoman Rappa , seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Rappa, Settle and Reiss NOES: Councilmembers Pinard and Mayor Dunin ABSENT: None the foregoing Resolution was passed and adopted this 6th day of June , 1988. Mayor Ron Dunin ATTEST City Clerk Pamela'voges * * * * * * * * * * Resolution No. 6447�' (1988 Series) APPROVED: City Ad inistrative Officer City Att r ey Finance Director 0 Public Works Director Utilities Manager �ynn� eld� C2� RESOLUTION NO. 6446 (1988 SERIES) RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S ACTION DENYING AN EXCEPTION TO ALLOW A NON - CONFORMING FREE- STANDING ILLUMINATED AND ROTATING POLE SIGN AND REFERRING THE WALL SIGN BACK TO THE ARC FOR FURTHER REVIEW FOR CARPENTER'S REXALL AT 717 MARSH STREET (SA -3850) WHEREAS, the applicant requested an exception to allow a non - conforming freestanding illuminated and rotating pole sign and non - conforming wall mounted channel letter sign for Carpenter's Rexall at the above address; and WHEREAS, the Architectural Review Commission reviewed the request at its April 18, 1988, meeting and denied the exception for the pole sign based on the finding that there were no exceptional circumstances which would justify exceptions to the sign regulations and continued consideration of the wall- mounted sign to allow for possible redesign; and and WHEREAS, on April 26, 1988, the applicant appealed the Architectural Review Commission's action to the City Council; and WHEREAS, on June 6, 1988, the City Council conducted a duly noticed public hearing to consider the testimony of the appellant and other interested parties; NOW, THEREFORE, the council of the City of San Luis Obispo denies the appeal and takes an action to refer the wall sign back to the Architectural Review Commission for further review and to deny the freestanding subject to the following findings: 1. There are no exceptional circumstances which would justify exceptions to the Sign Regulations limiting size and type in the Central - Commercial (C -C) zone. 2. The freestanding rotating sign is a visual nuisance to the area and is out of scale with other signs in the vicinity. 3. The current sign regulations do not limit the applicant's ability to adequately identify or advertise his business equitably with other businesses in the same vicinity or in the Central Commercial (C -C) zone. R6446 o Resolution No. 6446 (1988 Series) Page 2 On motion of Councilman Reiss , seconded by Councilwoman Pinard . and on the following roll call vote: AYES: Councilmembers Reiss, Pinard and Rappa NOES: Councilman Settle and Mayor Dunin ABSENT: None the foregoing resolution was passed and adopted this 6th day of June 1988. 6� Mayor Ron Dunin ATT City Clerk Pam ges APPROVED: Community Development Director F/C�- � o !%D r NJ%rl-c" j A O O RESOLUTION N0. 6445 (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING PROGRAM SUPPLEMENT NO. 9 THE LOCAL AGENCY - STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO. 05 -5016 FOR THE BRIDGE REPLACEMENT PROJECT - TORO STREET AT SAN LUIS OBISPO CREEK WHEREAS, the City and the State have entered into Master Agreement No. 05 -5016 for Federal -Aid Projects, and WHEREAS, Program Supplement No. 9 to the Master Agreement designates the Federal funds requested and the matching funds to be provided by the City for preliminary and construction engineering and construction costs for the project, and that the City shall advertise, award and administer the contract; and WHEREAS, the City is eligible to receive Federal Bridge Replacement and Rehabilitation Funds (HBRR) for this project; NOW THEREFORE BE IT RESOLVED, that the City Council of the City of San Luis Obispo, California hereby: 1. Approves Exhibit A attached, entitled "Program Supplement No. 9 to Local Agency - State Agreement for Federal -Aid Projects No. 05- 5016," and the Mayor is authorized to execute the same. 2. Directs the City Clerk to transmit the two (2) originals, attaching to each a copy of the authorizing resolution to: Mr. John W. Ritter Asst. Dist. Local Streets & Roads Engineer California Department of Transportation P. 0. Box 8114 San Luis Obispo, CA 93403 -8114 On motion of Councilman Settle and on the following roll call vote: , seconded by Councilman Reiss , AYES: Councilmembers Settle, Reiss, Pinard, Rappa and Mayor Dunin NOES: None ABSENT: None R6445 Resolution No. 6445 (1, 8 Series) O Page 2 the foregoing Resolution was passed and adopted this 6th day of June , 1988. l9MAYOR RON DUNIN ATTEST: CITY'',CLERK PAM OG t� APPROVED: City A inistrative Officer City Att ney Public Works Director ,a Ui.? Ci y Engineer jk5 /jO7h -agrmt by ,i� � O �;��� � _ P�w ryc�:t ,��,�,5 ��J -F PROGRAM SUPPLEMENT NO. per,, 5 - SLO -0 -CR TO PROJECT NO.BROS -079 (12 ) LOCAL AGENCY -STATE AGREEMENT 0 5- 5 016 July 'FOR FEDERAL -AID PROJECTS NO. DATE: Y 2 3, 1987 This Program Supplement is hereby incorporated into the Local Agency -State Agreement for Federal -Aid which was entered Into between the LOCAL AGENCY and the STATE on. 6/22/78 and is subject to all the terms and conditions thereof. This Program Supplement is adopted In accordance with Paragraph 2 of Article If of the aforementioned Master Agreement under authority of Resolution No. ,approved by the LOCAL AGENCY on (See copy attached). The Local Agency further stipulates that as a condition to payment of funds obligated to this project. It accepts and will comply with the convenants or remarks set forth on the following pages. F-A 44 0T- IYUO'?�O PROJECT LOCATION: n Toro St. at San Luis Obispo Creek, Br. No. 49C -288 TYPE OF WORK: Replace bridge and approaches LENGTH: 0.1 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK: PRELIMINARY ENGINEERING RIGHT- OF-WAY (Other) ;; CONSTRUCTION ENGINEERING ❑X CONSTRUCTION TOTAL ESTIMATED COST /FEDERAL FUNDS MATCHING FUNDS LOCAL: OTHER_ OTHER: OTHER• I $315,000 $252,000 $63,000 CITY OF SAN LUIS OBISPO LOCAL AGENCY STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION B ^1 r— Date Ron Dunin, r District Director of Transportation (Veo ad Offi cial) Attest: v District -05 Date �' �Pam 'Doges.Clerk (Title) J .................................................................................. ............................... I hereby Certfty u n my personal knowledge that budgeted funds are available for this encumbrance �- - Accounting Of "� 3� u .. Date S�S�000.00 Chapter Statutes Item Fiscal Yr. Program 8C Category Fund Source Is r) , G0- /0/ -560 1qv)- 0• 0'0 /0300 G a VQ6 OQ 2 F2.9 �S "� 0•u F.C. - OLSR IS (REV. 4/87) \ r • Dist.: �l Proj. #BROS- 079(12)v SPECIAL COVENANTS OR REMARKS ate: July 23, 1987 :?age 2 of 2 1. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article VI MAINTENANCE of the aforementioned Master Agreement will be performed by the Local Agency at regular intervals or as required for efficient operation of the completed improvements. 2. In executing this Program Supplemental Agreement the Local Agency hereby reaffirms the "Nondiscrimination Assurances" contained in the aformentioned Master Agreement for, Federal -Aid Programs. 3. The Local Agency will advertise, award, and administer this project and will obtain the State's concurrence prior to either award or rejection of the contract. 4 The State will - adver-tise, awed, administer a provide Baginee-P tsar this pEejeet 5. The Local Agency agrees the payment of Federal funds will be limited to the Detail Estimate amounts approved by the Federal Highway Administration in the Federal -Aid Project Agreement (PR -2), or its modificaiton (PR -2A), and accepts any increases in Exchange Funds, State Matching Funds, and /or Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Division of Local Streets and Roads. 6. The attached Special Covenants covering the use of Caltrans' Local Agency Automated Pay System (LAAPS) are applicable to thes project. NG:cr 7/23/87 0 7Q ate:_July 23, 1987 File: 5- SLO -O -SLO Project No. BROS- 079(12);: Prog. Supp: No. 9 SPECIAL COVENANTS FOR CALTRANS LOCAL AGENCY AUTOMATED PAY SYSTEM (LAAPS) Caltrans has granted approval to City of San Luis Obispo 's request for the use of Caltrans Local Agency Automated - Pay- - System. A. The City will abide by the requirements as set forth in the State of California, Department of Transportation's Policy and Procedure Memorandum P80 -10, dated March 20, 1980, and as revised February 19, 1981 regarding the use of Caltrans Local Agency Automated Pay System, B. Attention is called to some pertinent requirements for the use of` LAAPS. 1. Subsequent to the bid opening, the Detail Estimate as based on the bid of the successful bidder will determine the Local Agency's share of the construction cost. (a) Should the Local Agency's share of the construction cost be greater than the amount on deposit with the State for this purpose, a supplemental deposit of the difference will be required prior to the award of the contract. (b) Any Local Agency Funds on deposit with the State not required for the Agency's share of the construction cost as determined by the Detail Estimate will be returned to the .Agency. 2. The Local Agency agrees.to provide the following information to the State upon award of the contract: (a) Contract award date. (b) Certification of Contractor's License form for verification by the State. (c) Contract approval date and Contractor's first work day. (d) Contractor's name and the voucher mailing address (for the-; warrant) including any subsequent change of address. (e) Name, address, telephone number and title of the local agency representative who can accent legal actions f-iled� against the contract under the Civil Code. ;; i -0 C-4 RESOLUTION NO. 6444 (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AWARDING A CONTRACT AND TRANSFERRING FUNDS FROM CAPITAL OUTLAY FUND CFP APPROPRIATION WHEREAS, the City received bids for "Bus Facility Access Road Improvement Project and So.Higuera /Prado Overaly, City Plan No. K -38D ", and WHEREAS, the Engineer's estimate was $120,625.00, and WHEREAS, the low bid was received from Madonna Construction Company of San Luis Obispo, California in the amount of $97,644.00,and WHEREAS, there are funds available in the Capital Outlay Fund CFP appropriation for this project, NOW THEREFORE BE IT RESOLVED, the following items: 1. Award contract to Madonna Construction Company of San Luis Obispo, California. 2. Direct the City Clerk to prepare the appropriate documents for signature by the successful bidder and the Mayor. 3. Authorize the Mayor to execute the contract documents. 4. Direct the Finance Director to transfer $108,000.00 from Capital Outlay Fund CFP allocation to Account No. 868- 1077 -008 -119. On motion of Councilman Settle , seconded by Councilman Reiss and on the following roll call vote: AYES: Councilmembers Settle, Reiss, Pinard, Rappa and Mayor Dunin NOES: None ABSENT: None R6444 Resolution No. 6444 (1988 Series) Page Two. the foregoing Resolution was passed and adopted this 6th day of June , 1988. �MAYORRON DUNIN Ang ATTEST: CITY CLERK PAM VOGESI APPROVED: City A inistrative Officer City AHtorney nance Director Public Works Director ,A ! QA City Engineer bofl /m38dawar �• ,�, �� � �► F��� .� Resolution No. 6443 not used - Void R6443 - VOID o c CITY OF SAN LUIS OBISPO RESOLUTION OF APPRECIATION RESOLUTION NO. 6442 (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO EXPRESSING THE CITY'S APPRECIATION TO JOHN L. KELLERMAN FOR HIS DEDICATED SERVICE TO THE CITY AND IT'S CITIZENS WHEREAS, John "Jack" L. Kellerman has had a long and distinguished career with the City of San Luis Obispo Building Inspection Division, totaling 22 years, having started. May 1, 1966; and WHEREAS, Jack has served as Chief Building Official, effectively guiding the,building inspection and code enforcement program with dedication and committment; and WHEREAS, Jack has established a fair, firm.and consistent enforcement and inspection program widely respected throughout the Central Coast area; and WHEREAS, Jack has served as President of the Central Coast Chapter of the International Conference of Building Officials, where he has been considered to be a leader in the profession by his peers in jurisdictions throughout Santa Barbara and San Luis Obispo Counties; and WHEREAS, Jack's fellow employees have found him to be a loyal, trusted, and dedicated employee of the City, who is admired for his perserverence and technical knowledge; and WHEREAS, retired building officials have been known to keep a book of correction notices in their back pocket as they travel about "their" community; and WHEREAS, Jack leaves behind an inspection organization geared to se competence, and effectiveness; and NOW, THEREFORE, BE IT RESOLVED express its grateful appreciation to dedicated service to the citizens of well in his retirement. excellent, well- trained building rve the citizens with integrity, that this City Council wishes to Jack Kellerman for 22 years of San Luis Obispo and wishes him 6442 O Q RESOLUTION NO. 6441 (1988 Series) A RESOLUTION OF THE CITY COUNCIL APPROVING THE USER PRIORITIES AT SINSHEIMER PARK THROUGH MARCH 1, 1989 BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Council hereby approves the list of user priorities of the facilities at Sinsheimer Park. a copy of which is attached hereto, included by reference and marked Exhibit "A." SECTION 2. The City Clerk shall forward a copy of the approved priority lists to the San Luis Coastal Unified Board of Education for their confirmation. On motion of Councilman Settle and on the following roll call vote: , seconded by Councilwoman Pinard AYES: Councilmembers Settle, Pinard, Reiss and Vice -Mayor Rappa NOES: None ABSENT: Mayor Dunin the foregoing Resolution was passed and adopted this 17th day of May , 1988. YOR RON DUNIN ATTES ; CITY PAMELA VOGE APPROVED: R644 I �f��- ,t.Y��f��d.2 E- 0 EXHIBIT "A" PRIORITIES FOR USE OF THE SAN LUIS BASEBALL STADIUM LOCATED IN SINSHEIMER PARK RESPONSIBILITY FOR SCHEDULING All scheduling will be the responsibility of the Parks and Recreation Department following the priorities developed by the Advisory Committee on Joint Recreational Use of School District Property. PRIORITIES FOR USE: 1. Special Games, Tournaments and Play -offs (priorities as listed): a. Exhibition Games (Highest class ball possible) b. Major special league Tournaments (Babe Ruth, Sr.; Babe Ruth, ect.) C. Minor special league Tournaments (Same as above, but below district levels) d. SLCUSD High School and Community College Tournaments e. C.I.F. Championship Games f. University level Tournaments g. Semi - professional. Tournaments or Play -offs h. Recreation Department /School District i. Other 2. TEAM PLAY PRIORITY: Early Season Late Season a. Any SLCUSD High School a. Babe Ruth & Sr_ Babe Ruth baseball team b. San Luis Blues /& other local b. Cal Poly semi -pro teams c. Rec. Dept c. Rec. Dept. /School District use d. Other d. Other O K PRIORITIES FOR USE OF SAN LUIS BASEBALL STADIUM Page 2 LOCATED AT SINSHEIMER PARK 3. PRACTICE SESSIONS NOTES - * Practices will be limited to game situation sessions. Workouts should be scheduled at other facilities. * Night "Practice games" will be charged for lights as though they were regular games. * All practices must be cleared through the Park and Recreation Department and scheduled as in regular games. * User organizations will be responsible for field maintenance and /or charged in accordance with fee schedule as in regular games. FEES 208 of the rg oss revenue on gate receipts (108 of the gross revenue on all other collections, charges, or other fees) or $25 per day whichever is greater, shall be paid to the "Sinsheimer Park Fund" within 30 days of said activity. In addition to the above mentioned fee, maintenance and light expenses must be paid in advance to the Department of Parks and Recreation. Current fees for maintenance & lights available at the Recreation Department office.. USER RESPONSIBILITIES All use to be controlled by user organizations following guidelines set forth by the Park and Recreation Department in order to maintain this facility in the best possible condition. Disregard for rules concerning 0 N PRIORITIES FOR USE OF THE SAN LUIS BASEBALL STADIUM Page 3 LOCATED AT SINSHEIMER PARK use of the facility will constitute grounds for banning future use of the facility. ALL use fees for facility are due and payable within 30 days of use. REVIEW OF PRIORITIES This list of priorities shall be in effect until March 1, 1989. These priorities shall be reviewed annually by the Advisory Committee on Joint Recreational Use of School District Property and submitted to the San Luis Obispo City Council and San Luis Coastal Unified Board of Education for approval. 0 PRIORITIES FOR USE OF SINSHEIMER PARK SOFTBALL FIELD RESPONSIBILITY FOR SCHEDULING All scheduling will be the responsibility of the Parks and Recreation Department following the priorities developed by the Advisory Committee on Joint Recreational Use of School District Property. PRIORITIES FOR USE OF THE SOFTBALL FIELD 1. City Recreation Department operations. Including, but not limited to: a. Department sponsored & co- sponsored league play b. Department scheduled practices c. Department sponsored or co- sponsored tournaments 2. Special Events and Tournaments. (These events must derive revenue of which a percentage -is paid to the city for ,future development.) 3. Educational (School) Program. Does not include Physical Education classes. Priority use as listed. a. Local intermediate and secondary schools b. California State Polytechnic University C. Cuesta Community College 4. Special Populations 5. Traveling Leagues (Semi -Pro) 6. Private Agencies. (No priority within this category) a. Y.M.C.A. b. Boy and Girl Scouts c. Camp Fire 7. Private groups (use fee will be charged) C) O PRIORITIES FOR USE OF SINSHEIMER PARK SOFTBALL FIELD Page 2 FEES Priority 2, 3, 4, 5, & 6 are subject to current field maintenance, lighting, and tournament administration charges. In addition to the above mentioned charges all of these uses are subject to a fee of 108 of the gross (208 of the gross on gate receipts) on all fees collected. (The Parks and Recreation Department can assist you with the specific fees and charges applicable.) Priority #7 will be charged $5.00/hour use up to a $20.00 maximum use fee plus any applicable field maintenance and lighting charges. USER RESPONSIBILITIES All use shall be controlled by user organizations following guidelines set forth by the Park and Recreation Department in order to maintain this facility in the best possible repair. Disregard for rules concerning use of facility will constitute grounds for banning future use of facility. User groups will be billed for. actual costs incurred to repair damages to facility. ALL fees and charges for use of the facility are due and payable within 30 days of use. REVIEW OF PRIORITIES This list of priorities shall be in effect until March 1, 1989. These priorities shall be reviewed annually by the Advisory Committee on Joint Recreational Use of School District Property and submitted to the San Luis Obispo City Council and San Luis Coastal Unified Board of Education for approval. M EO PRIORITIES FOR USE OF SINSHEIMER PARK TENNIS COURTS RESPONSIBILITY FOR SCHEDULING All scheduling will be the responsibility of the Parks and Recreation Department following the priorities developed by the Advisory Committee on Joint Recreational Use of School District. Property. PRIORITIES FOR USE OF THE COURTS 1. Tennis lessons - sponsored by the S.L.O. Recreation Department. 2. Department tournaments - sponsored or co- sponsored by the SLO Recreation Department. 3. Recreational Tennis Play 4. Local School District tournament or league championships. 5. Local School District league play. 6. Others tournaments, special events or special fund- raising activities. CONDITIONS CONCERNING PRIORITIES Priority #1: Department Sponsored Lessons. No more than three (3) courts will be scheduled on any given day or any given hour of a day. Priority #2: Department Sponsored & Co- Sponsored Tournaments. Courts as necessary. Priority #3: Recreational Tennis Play. On any given day or at any given hour, other than Department's Tournament days, there shall be a minimum of two (2) courts available for recreational play. Recreational play will comprise the prime use of all courts when not scheduled by the Recreation Department for lessons or tournaments. • 0 PRIORITIES FOR USE OF SINSHEIMER PARK TENNIS COURTS Page 2 Priority #4: Local School District Tournament or Championship Matches. Requests for use of Sinsheimer Courts for this priority must be forwarded to Recreation Department for consideration as soon as local team is notified that they will be a part of such competition. A local school district team must take part in such a tournament or championship in order to qualify for this priority. Priority #5: Local School District League Play. No more than four (4) courts will be scheduled on any given day or hour for this priority. School schedules must be submitted to the Recreation Department one month prior to first league game. Priority #6: Other tournaments or events: Requests must be made directly to the Advisory Committee on Joint Recreational Use of School District Property at least 30 days prior to said activity. FEES Any priority 4, 5, or 6 activity designed to raise money for any other purpose other than the further development of Sinsheimer Park will pay a use fee of $5.00 per court per day (including 20% or all gate revenue). USER RESPONSIBILITIES All use to be controlled by user organizations following guidelines set forth by the Park and Recreation Department in order to maintain this facility in the best.possible condition. Disregard for rules concerning C O PRIORITIES FOR USE OF SINSHEIMER PARK TENNIS COURTS Page 3 use of the facility will constitute grounds for banning future use of the facility. User groups will be billed for actual costs incurred to repair damages to facility. ALL use fees for facility are due and payable within 30 days of use. REVIEW OF PRIORITIES This list of priorities shall be in effect until March 1, 1989. These priorities shall be reviewed annually by the Advisory Committee on Joint Recreational Use of School District Property and submitted to the San Luis Obispo City Council and San Luis Coastal Unified Board of Education for approval. L,J X PRIORITIES FOR USE OF MUNICIPAL SWIMMING POOL LOCATED IN SINSHEIMER PARK RESPONSIBILITY FOR SCHEDULING All scheduling will be the responsibility of the Parks and Recreation Department following the priorities developed by the Advisory Committee on Joint Recreational Use of School District Property. PRIORITIES FOR USE 1. Public use as scheduled by Recreation Department, including: a. Recreational swimming b. Lap swimming 2. Public use as scheduled by Recreation Department, including: a. Instruction (Red Cross series) b. Special Classes c. Other 3. School use (priority as listed) a. San Luis Obispo intermediate and secondary schools - does not include Physical Education classes. b. California Polytechnic State University C. Cuesta Community College 4. Swimming for Special Populations 5. Swim Clubs (Specified hours and with city /club agreements for practice and meet space) 6. Private Agencies (Equal priority - includes, but not limited to:) a. Camp Fire b. Boy Scouts - Girl Scouts - Explorers C. Y.M.C.A. 7. Private groups and Parties • PRIORITIES FOR USE OF MUNI SWIMMING POOL IN SINSHEIMER PARK Page 2 NOTE: Meets or other aquatic special events that may produce revenue for the city's pool will take preference over practices or non- revenue producing activities. The Park and Recreation Department will determine when scheduling such activities, the best interest of the City. FEES Priorities 3, 4, 5, 6, & 7 should contact Director of Recreation for current fee structure for use of pool. All pool related fees & charges will be deposited with the city of San Luis Obispo. USER RESPONSIBILITIES All use to be controlled by user organizations following guidelines set forth by the Park and Recreation Department in order to maintain this facility in the best possible condition. Disregard for rules concerning use of the facility will constitute grounds for banning future use of the facility. User groups will be billed for actual costs incurred to repair damages to facility. ALL use fees for facility are due and payable within 30 days of use. REVIEW OF PRIORITIES This list of priorities shall be in effect until March 1, 1989. These . priorities shall be reviewed annually by the Advisory Committee on Joint Recreational Use of School District Property and submitted to the San Luis Obispo Council and San Luis Coastal Unified Board of Education for approval. 0 V RESOLUTION NO. 6440 0 (1988 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO URGING THE DEFEAT OF PROPOSITION 74, THE DEDDEH TRANSPORTATION BOND ACT, BY THE VOTING PUBLIC OF CALIFORNIA c -$ WHEREAS, California has historically financed its transportation system from user tax revenues; and WHEREAS, Proposition 74 authorizes a bond issuance to provide $1 billion dollars for use to improve and maintain the transportation system; and WHEREAS, this bond initiative would fall approximately $1.6 billion dollars short of meeting the needs of the transportation system; and WHEREAS, bonded indebtedness is an overly expensive way of financing the transportation, with an expected additional cost of $2 billion dollars in debt service charges; and WHEREAS, general bond such as Proposition 74 authorizes unfairly burdens those taxpayers who do not use the transportation system; NOW, THEREFORE, be it resolved that the Council of the City of San Luis Obispo opposes the Deddeh Transportation Bond Act, Proposition 74, and urges its defeat by the voters of California. On the motion of Councilman Settle , seconded by Councilwoman Pinard , and on the following roll call vote: AYES: Councilmembers Settle, Pinard Reiss and Vice -Mayor Rappa NOES: None ABSENT: Mayor Dunin the foregoing resolution was passed and adopted this 17th day of May , 1988. ATTES City 0,1erk PamelauVoges Approved: _ / ity A inistrative Officer ity Atto y R 6440 F/G i-� .r,G4✓Lbv�.- 0 i AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE CITY OF SAN LUIS OBISPO REGARDING FAU FUNDS THIS AGREEMENT made and entered into this _Landay of Mal 1988, by and between the CITY OF SAN LUIS OBISPO, a Municipal Corporation of the State of California, hereinafter referred to as "SAN LUIS OBISPO" and the CITY OF DUBLIN, a Municipal Corporation of the State of California, hereinafter referred to as "DUBLIN." WITNESSETH: WHEREAS, a procedure has been established, acceptable to Federal and State Departments of Transportation, whereby local agencies may jointly agree to exchange Federal Aid Urban (FAU) apportionments for other funds as jointly agreed upon; and WHEREAS, DUBLIN is presently processing a FAU project known as "San Ramon Road Phase III" ( "The Project "); and WHEREAS, the environmental process for the Project is complete and the project plans and specifications are nearing completion; and WHEREAS, the Project estimate for construction for the Project is $1,465,000, allowing $1,266,346 as eligible for FAU funds and DUBLIN's local allocation is $500,000 which would allow an additional $766,346 to be purchased elsewhere; and WHEREAS, the Project is scheduled to run from the summer of 1988 through spring of 1989; and WHEREAS, it is mutually agreeable between SAN LUIS OBISPO and DUBLIN to transfer general funds apportionments for FAU apportionments to the mutual benefit of both parties hereto; NOW, THEREFORE, for and in consideration of the mutual covenants herein contained, the parties agree as follows: 1. SAN LUIS OBISPO agrees to transfer to DUBLIN, upon execution of this agreement, or as promptly as possible thereafter, the sum of $430,000 from SAN LUIS OBISPO's FAU apportionments. SAN LUIS OBISPO further agrees to spend the-$322,506-to be paid to it by DUBLIN, as provided in Paragraph 2, on transportation related uses. 2. DUBLIN agrees to pay to SAN LUIS OBISPO the sum of $322,500 as follows: From FAU monies received through the Federal Government previously assigned to SAN LUIS OBISPO, the CITY OF DUBLIN will pay within 21 days to SAN LUIS OBISPO 758 (seventy -five percent) of those monies as they are actually paid to DUBLIN, provided that DUBLIN will retain the first $500,000 of FAU monies paid to DUBLIN from DUBLIN's local FAU allocation prior to making any payments to SAN LUIS OBISPO. 3. If no monies have been paid to SAN LUIS OBISPO by January 31, 1989, SAN LUIS OBISPO reserves the right to use the $430,000 itself or transfer it to another jurisdiction. 4. It is understood and agreed that this agreement is subject to the written approval of the Secretary of the U.S. Department of Transportation or his designee. IN WITNESS WHEREOF, the parties hereto have executed this Joint Powers Agreement on the day and year first above written. ATTEST: ATTEST: city Cie- r1c Pam Voges City Clerk CITY OF SAN LUIS OBISPO, a Municipal Corporation of the State of California ByV-� Mayor Ron Dunin CITY OF DUBLIN, a Municipal Corporation of the State of California By: Mayor and C O RESOLUTION NO. 6439 (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO, �J AUTHORIZING THE MAYOR TO SIGN AGREEMENT WITH THE CITY OF DUBLIN FOR ASSIGNMENT OF FEDERAL AID URBAN FUNDS WHEREAS, the City of San Luis Obispo receives Federal Aid Urban funds, WHEREAS these funds may only be used to construct and maintain streets on the Federal Aid Urban system, and WHEREAS the expenditure of these funds is restricted resulting in significantly higher overhead than expenditure of unrestricted funds on similar projects, and WHEREAS the experience of the city is that FAU projects cost in excess of 25% more than similar non -FAU projects, and WHEREAS, other municipal corporations are in need of Federal Aid Urban funds from time to time, and WHEREAS, the City of San Luis Obispo, being a good neighbor, would like to help other municipal corporations whenever possible, NOW, THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Administrative Officer and the Director of Public Works find that the city has Federal Aid Urban funds not identified for use on a city project. Another municipal corporation has need of FAU funds. The Mayor has authority to enter into an agreement with the City of Dublin and sign said agreement on behalf of the City of San Luis Obispo. The exchange rate of FAU dollars shall be calculated at one FAU dollar for 75 cents non -FAU money. All dollars received in exchange for FAU dollars shall be expended on projects eligible for expenditure of street funds. R6439 Resolution No. 6439 (1988 Series) Page Two. N On motion of Councilman Settle , seconded by Councilwoman Pinard and on the following roll call vote: AYES: Councilmembers Settle, Pinard, Reiss and Vice -Mayor Rappa NOES: None ABSENT: Mayor Dunin the foregoing Resolution was passed and adopted this 17th day of May , 1988. MAYOR RON DUNIN ATTEST: 0"(J, , CITY LERK PAM V ES APPROVED: City A nistrative Officer Finance Director pt Director of Public Works 1. - �_ Ct ngineer tpg- 3 /fau -sr by rl le • 0 il"I"Zj_ RESOLUTION NO. 6438(1988 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROPRIATING FUNDS AND AWARDING A PROJECT WHEREAS, the City requested bids for the construction of a walkway and patio in the Mission Plaza; and and WHEREAS, bids were received from four contractors on April 21, 1988; WHEREAS, Complete Development Services, Inc., which submitted the lowest bid, does not have a Class "A" Contractors License as required by the Specifications and by the Contractor's Licensing Law; and WHEREAS, the low responsive bid was submitted by Whitaker Construction for the amount of $74,697.60; and WHEREAS, the agreement with the Namans' for the use of the land commits the City to construction of a walkway and seating area; NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The bid submitted by Complete Development Services, Inc. is.not responsive because the contractor is not properly licensed for this class of work. SECTION 2. An additional $50,000.00 is appropriated from Mission Plaza Reserves and the Finance Director is to transfer the present $30,000.00 from Mission Plaza Reserve CRP Appropriations to the Project Account 040 - 9547- 091 -572. SECTION 3. The award of a contract to Whitaker Construction, Inc. in the.amount $74,697.60 is approved and the Mayor is authorized to sign the contract. R6438 c� Q Resolution No.6438(1988 Series) Page Two SECTION 4. The City Clerk shall furnish a copy of this resolution to the Director of the Public Works and Finance Departments. On motion of Councilwoman Pinard , seconded by Councilman Settle and of the following roll call vote:. AYES: Councilmembers Pinard, Settle,.Reiss and Vice -Mayor Rappa NOES: None ABSENT: Mayor Dunin the foregoing Resolution was passed and adopted this 17th day of MaV ,'198 . ATTEST: pa,V-W, U4, CITY C RR PAM VO S APPROVED: ity 4dm4�Qistrative Officer -City Engineer g:namanres Am w9m tee YOR RON DUNIN * * * * * * * * ��City Att ey Public Works Director Ylc_K/ Project Manager F, i� ., Finc�,Ku� * i iN✓dt r� .- kc�,.� �w, ,14 _ L, � .„ „�'� c Ali.. ._'': .: �(..'._., ��; S ,._ .��?. RESOLUTION NO. 6437 (1988 SERIES) A RESOLUTION OF THE'COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROPRIATING FUNDS AND APPROVING A PROJECT WHEREAS,'the FY 1987 -89 Financial Plan identifies the funds needed for the 1988 Street Chip Seal Coat Project; and WHEREAS, the chip seal project is an routine annual maintenance program; and WHEREAS, Plans and Specifications have been prepared for the project with an- cost of $ 100,000.00; NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1: The plans and specifications are approved and staff is authorized to advertise for bids. SECTION 3. The project is not of sensitive:or exceptional community interest and the CAO is authorized to award a contract after Appropriations have been approved for the FY 1988 -89 Operating Budget. SECTION 4. The City Clerk shall furnish a copy of this resolution to the Director of the Public Works and Finance Departments. On motion of Councilman'Settle.- seconded by Vice-Mayor.Raooa - and of the following roll call vote: AYES: Councilmembers Settle, Vice Mayor Rappa and Reiss NOES: Councilwoman Pinard ABSENT: Mayor Dunin . the foregoing Resolution was passed and adopted this 17th _ day of May. - . , 198& R6437 Resolution No. 6437(1988 Series,) Page Two ATTEST: f z U( CITY C4M PAM -VOC&S • �e x s s * � APPROVED: Project Manager g:chip =res N DUNIN J141S,ity Attornify V Public Works Director n Fi l� fi n� f,L -Pv✓ MEN L ncenoaa Dort _M#n city Of sAn bms oBisppe...Wd � TUuml Resotution of AppRcciAtion RESOLUTION NO. 6436 (1988 SeAiea) EXPRESSING THE CLTY'S RECOGNITION AND GRATITUDE FOR THE DEDICATION AND COMPASSION OF MAXINE LEWIS FOUNDER AND DIRECTOR OF GRASS ROOTS WHEREAS, Maxine Lewis was the 5oundeA and DiAeetoA ob the San Luis Obispo GAass Roots oAganizat i.on and opened its doox6 Son seAviee in the mid 1960'.6; and WHEREAS, Maxine Lewis and GAass Roots II p&ovided emehgeney Sood and shetteA to homeQe66 .cndividuats and $anu,&Ze6 throughout San Luis Obispo County; and WHEREAS, Maxine Lewis and Gtaaa Roots II piLovided a tAanspoxtation pnogAam to homebound, 6Aait etdeA4 needing,medicat, nut&itZona.2 on 6pihitu senviees; and WHEREAS, Maxine Lewis and GAa z Roots II o55ened an annuat Thanksgiving D.enneA SoA hundneda of needy -individuat6 and bamiZiea 6tom throughout ouA communities; and WHEREAS, Maxine Lewis is Aecogn,ized by ZoeaZ community based otganizations, non -pro6 t groups, se%v.ic.e p&ovi,deA6 and business Zeadeu as a compassionate, dedicated and committed .cndi.viduae; and WHEREAS, Maxine Lewis .unproved the quest ty ob tibe 4oA disadvantaged 6okhs in San Luiz Obispo to enure haAmoni,ous Aetat,Lons between ate. people AegaA e.66 of Aaee, cAeed oA di.6ab.i . ty. NOW, THEREFORE, BE IT RESOLVED, ttat the City Counaie appreciates and Aeeognizes the many aeeomptishment6 o6 Maxine Lewis in the City o5 San Lai6 Obispo oveA the past three decades. CITY CLERK PAMELA VOGES s /RON DTjITIB MAYOR RON DUNIN 152.8 (' L3(.Z:p ti RESOLUTION NO. 6435 (1988 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL FROM RICHARD CLARK AND UPHOLDING A DECISION AND ORDER OF THE MOBILEHOME RENT REVIEW BOARD DATED DECEMBER 4, 1986, EFFECTIVE IMMEDIATELY WHEREAS, in accordance with the Mobilehome Rent Stabilization regulations, Chapter 5.44 of the San Luis Obispo Municipal Code, the Mobilehome Rent Review Board ( "Board ") received an application for a rent increase by the owners of the.Silver City Mobile Lodge (Silver City); and WHEREAS, the Board conducted eight public hearings to receive evidence and hear testimony and make findings on; and WHEREAS, the Board allowed an average rent increase to $174.00 per month; and WHEREAS, an appeal was timely filed by Mr. R. Clark; and WHEREAS, the Council held a public hearing on January 6, 1987 to consider the merits of the appeal and reviewed the matter further on May 3, 1988; and WHEREAS, the Council has carefully considered all relevant evidence, testimony, facts, circumstances and arguments in this matter, NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Council adopts the findings 1 through 10 contained in the Decision and Order of the Board dated December 4, 1986, effective immediately; SECTION 2.. The appeal by Richard Clark is hereby denied. On a motion of Councilman Reiss , seconded by Councilwoman .Pinard and on the following roll call vote: AYES: Councilmembers . Reiss, Pinard.and.:Mayor,Dunin NOES:' Councilmembers Rappa and Settle ABSENT: None the foregoing resolution was passed and adopted this 3rd day of May , 1988. R RON DUNIN ATTEST: CITY CLEFt PAMELA VOG R6435 Resolution No. 6435 (1988 Series) Page 2 APPROVED: �i 1% h��� -- RESOLUTION NO. 6434 (1988 SERIES) A RESOLUTION OF THE CITY OF SAN URGING THE PASSAGE OF PROPOSITION 71, _ THE APPROPRIATIONS LIMIT ADJUSTMENT, BY THE VOTING PUBLIC OF CALIFORNIA WHEREAS, Californians for Quality Government, is sponsoring for the June, 1988 ballot an initiative that would modify the current Government Spending Limitation tomore accurately reflect California's economic growth and spiraling service populations; and WHEREAS, the current Government Spending Limitation has threatened to halt all real increases and force reductions in health care, education, senior programs, public safety and other vital services; and WHEREAS, the current government Spending Limitation restricts state and local government spending to 1979 levels; adjusted only for population and inflation changes; and WHEREAS, The Commission on State Finance reports that the current limit could force over $23 billion.in cuts in critical public services over the next decade; and WHEREAS, the current Government Spending Limitation is inflexible and inhibits the state's ability to use already - collected tax dollars to at least maintain the current level of funding for critical services; and WHEREAS, this initiative would ensure accountability to taxpayers by requiring the existing Commission on State Finance to report annually the manner in which state revenues are spent and the amount of state approporations subject to limitation; and WHEREAS, the League of California Cities, California Police Chiefs Association, Californians for Better Transportation, California Tax Reform Association, League of Women Voters of California, California Teachers Association, California School Boards Association, California State PTA, California Community College Trustees, American Association of Retired Persons %CA, Congress of California Seniors, California Seniors Coalition, California Correctional Peace Officers Association, California Association of Homes for the Aging, California Association of Highway Patrolmen, Peace. Officers Research Association of California, California State Employees Association, American Association of University Women /CA Division, California State Council of Service Employees_, California Nurses Association, Lutheran Office of Governmental Ministry, and many others are in full support; NOW, THEREFORE, be it resolved that the Council of the City of San Luis Obispo supports the "Appropriations Limit Adjustment" Proposition 71 and urges its passage by the voters of California. On the motion of Councilman Settle , seconded by Councilwoman Rappa and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin NOES: - None - ABSENT: None R64 34 Resolution No. 6434 (1987"ries) Page 2 W the foregoing resolution was passed and adopted this 3rd day of May, 1988. ATTEST: I � l City Clerk Pamela VDges APPROVED: Mayor Ron Dunin F/.-?aw 0 RESOLUTION NO. 6433 N (1988 SERIES) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO URGING THE PASSAGE OF PROPOSITION 70, THE WILDLIFE, COASTAL, AND PARKLAND CONSERVATION BOND ACT, BY THE VOTING PUBLIC OF CALIFORNIA WHEREAS, California's magnificent wildlife habitat, coast, parks and open space lands are recognized to be a precious resource: and WHEREAS, these unique and irreplacable lands are rapidly disappearing due to population growth and increased development: and WHEREAS, the protection of these lands as a natural heritage is vital to the welfare of the state and its people: and WHEREAS, Proposition 70 would provide needed funds for the purchase, improvement and preservation of these lands; NOW, THEREFORE, be it resolved that the Council of the City of San Luis Obispo supports the "Wildlife, Coastal, and Parkland Conservation Bond Act" and urges its passage by the voting public of California. On motion of Councilman Settle , seconded by Councilman Rappa and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 3rd day of Mav , 1988. Mayor Ron Dunin ATTEST• City Clerk Pamela Vdcjhs R6433 fig � � RESOLUTION NO. 6432 (1988 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE CITY /COUNTY AIRPORT WATER AND SEWER AGREEMENT WHEREAS, the City of San Luis Obispo provides water and sewer service to the County Airport under an existing agreement; and WHEREAS, the City of San Luis Obispo has an industrial pretreatment program to regulate industrial and commercial discharges to the City system. NOW, THEREFORE BE IT RESOLVED, the City adopts an amendment to the City /County Airport Water and Sewer agreement relating to implementation of the industrial pretreatment program. On motion of Councilman Settle , seconded by Councilwoman Pinard and on the following roll call vote: AYES: Councilmembers Settle, Pinard, Rappa, Reiss and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 26th day of April , 1988. .mwmww� YOR RON DUNIN ATT ST: CITY-` CLERK PAMELA nGES R64 3 2 Resolution No. 6432 1988 Series Page 2 APPROVED: ohn Dun Administrative Officer Roger PiAquet, CiM Attorney David F. Romero, Public Works Director William T. Hetland, Utilities Manager d O RESOLUTION NO. 643](1988 SERIES) A RESOLUTION APPROVING THE ANNUAL CLAIM FOR MONEY FROM THE LOCAL TRANSPORTATION FUND AND THE STATE TRANSIT ASSISTANCE FUND BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. To approve the 1988 -89 annual claim for local transportation funds. 2. To approve the 1988 -89 annual claim for state transit assistance funds. 3. To authorize the Transit Manager to execute the appropriate claim forms. 4. To direct the City Clerk to forward one executed copy of the claim and a certified copy of this resolution to: San Luis Obispo Area Coordinating Council County Government Center San Luis Obispo, CA 93408 On motion of Councilman Settle , seconded by Councilwoman Pinard and on the following roll call vote: AYES: Councilmembers Settle, Pinard, Rappa, Reiss and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 26th day of April , 1988, MAYOR RON DUNIN , ATTEST: 2- - �_A 0, A CITY LERK PAMELA V ES * * * * * * * * * * * * * * * * * * * * * * * * * * * ** APPROVED: City Ad Aistrative Officer ginance Director City R643] W ANNUAL CLAIM FOR LOCAL TRANSPORTATION FUNDS AND STATE TRANSIT ASSISTANCE FUNDS CLAIM NO.: TDA -SLO -88/89 FISCAL YEAR: 1988/89 TO: San Luis Obispo Area Coordinating Council County Government Center San Luis Obispo, Ca. 93408 FROM: CLAIMANT: CITY OF SAN LUIS OBISPO ADDRESS: P. 0. Box 8100 CITY: San Luis Obispo, CA ZIP CODE: 93403 -8100 CONTACT PERSON: Nancy Rnofler PHONE NO.: 549 -7122 This claimant, qualified pursuant to Section 99203 of the Public Utilities Code, hereby requests, in accordance with Chapter 1400, Statutes of 1971, as amended and applicable rules and regulations, that an allocation be made for the purposes and in the respective amounts as described in the attached Project and Financial Plan claim form. Total LTF /STA funds being claimed are: $ 714,182 a) Annual (LTF) apportionment $ 712,145 b) Annual (STA) Funds $ 2,037 Operator Revenues $ 72 Apportionment $ 1,965 This claim was their Date: 3896 -1 /113 /pg. 7 J City of San Luis Obispo (Claimant) By: Title: ran t Manager Date: 4.19- C7e approved by San Luis Obispo Area Coordinating Council at meeting by Resolution No. 88- . Title: FY 88/89 CITY OF SAN LUIS OBISPO TRANSPORTATION DEVELOPMENT ACT ANNUAL PROJECT AND FINANCIAL PLAN O Page 1 of 2 Briefly describe all proposed projects title and descriptions the proposed use of these funds (by Article and Section of the Transportation Development Act) and the proposed expenditures for the ensuing year for all TDA funds including local transportation funds (previously SB 325) and State Transit Assistance Funds. Project Title and Brief Description Purpose: PUC Article /Section Amount LOCAL TRANSPORTATION FUND I SLO Transit A local fixed route transportation system operated by the City of San Luis Obispo 2 Central Coast Regional Transit Authority. A regional transporta- tion system operated by North Coastal Transit, a Joint Powers Agency 0 3 Regional Handicapped Transit — A regional handicapped transpor- tation system operated by SID Regional Transit Authority, a Joint Powers Agency Article 4, Section 99260(a) $ 383,508 Article 4, Section 99260(a) $ 62,230 N Article 4, Section 99260(a) 4 $_420395 lF 4 Street Work Article 8, Section 99400(a) $ 217.780 Various improvement projects for street maintenance, recon- struction and construction #5 SLOSCAT Article 4, Section 99260(a) $ 6,232 Page. 2 of 2 Project Title and Brief Description Purpose: PUC Article /Section Amount STATE TRANSIT ASSISTANCE FUND 1 Street Work STA Apportionment for street 1,965 Various capital work (PUC Section 99313.3) improvement projects (CAC, 6731d) for street maintenance, reconstruction and construction. 0 2 SLO Transit A local transportation system operated by the City of San Luis Obispo through a private trans- portation contractor. "Operator Revenues" for operations$ 72 (PUC Section 99314) CAC, Section 6730(a) # 3 Any additional LTF apportionment which may become available $ during FY 1988 -89 will be applied to street work unless there are unanticipated transit expenditures. 2) Total claim for STA Funds Total TDA Claim SLOACC ACTION: Date: Agenda Item Resolution # 5204 -1/97 03 -21 -88 w �f� ):.'L ion thereof. pertajnin, $714,182 CLAIMANT CERTIFIED: By Title: Transit Manager Date: O N SAN LUIS OBISPO AREA COORDINATING COUNCIL CHECKLIST OF REQUIREMENTS FOR SUBMITTAL OF A LOCAL TRANSPORTATION FUND CLAIM AND STATE TRANSIT ASSISTANCE FUND CLAIM Fiscal Year 1988/1989 Claimant CITY OF SAN T.111S A6ISpa Local Transportation Fund (LTF) apportionment $ 712,145 State Transit Assistance (STA) fund apportionment T--rl-m STA operator revenues $ -72 .INFORMATION TO BE SUBMITTED WITH ALL CLAIMS Signed annual claim form. 2._ Certified copy of a resolution. or minute order authorizing the claims and approving basic purposes for which they are filed. 3. �_ Completed annual project and financial plan identifying all proposed LTF and STA expenditures. 4. _� Statements and supporting financial documents. a. Y A budget or proposed budget for the fiscal year of the claim (or portion thereof pertaining to transportation (CAC, Section 6734a). The statement shall specifically identify the estimated amount of the claimant's maximum eligibility for LTF. and STA funds as defined in CAC Section 6634. b. A statement of projected or estimated revenues and expenditures for the prior fiscal year pertaining to transportation (CAC, Section 6734b). C. N,A A statement identifying actions to comply with the prior year's fiscal audit recommendations (PUC, Section 99245). d._ A statement identifying and substantiating the reason or need for (PUC Section 99266; CAC, Section 6632): - any increase in transportation operating budget in excess of 15% above the preceding year, or - any substantial increase or decrease in scope of operations, or 0 0 or any capital provisions for major new fixed facilities. 5. _�_ Verification of compliance with the prior Unmet Needs hearing findings (either included in the city /county budget or included in attached claim) (CAC Section 6754c): a. N/A Senior Van operating subsidy ($2,400 /yr.) and mandatory insurance coverage. (Should be included in the General Fund Budget, rather than TDA claim) b. � Local share of community /regional transit systems [CAC Section 6754(2)(5)1: x Regional Handicapped System $ 42,395 ►.1 South County Area Transit $ Central Coast Reg. Transit $--6T,= South County /San Luis Obispo $� 6. Statement verifying the proposed expenditures are in conformity with the Regional Transportation Plan (CAC, Section 6754.1) ADDITIONAL TRANSIT SYSTEM FILING REQUIREMENTS 7. Statement identifying efforts made to implement the transit production improvements and performance audit recommendations [PUC, Section 99244/CAC Section 6754(b)(1)] making specific reference to each recommended improvement. 8. Statement verifying your transit operator does not routinely staff a transit vehicle designed to be operated by one person with two or more persons (PUC, Section 99264); or is not precluded by contract from employing part time drivers or from contracting with common carriers of persons operating under a franchise or license [CAC Section 6754(b)(2)1. 9._ Documentation verifying that at least 15% of the overall transportation budget is being used for capital expenditure and depreciation (PUC, Section 99267) as defined in CAC, Section 6654. 10. x Statement documenting existing and projected farebox ratios [PUC, Section 99268.1, 2, 3, 5; CAC, Section 6633.2; 6754(2)]. a. Fiscal Year 1987/88 Farebox Ratio 32.5% b. Projected Fiscal year 1988/89 Farebox Ratio 29.1% C 0 C. Verification that the level of passenger fares and charges is sufficient to meet fare revenue requirements. 11._ Eligibility for funds test [CAC Section 6634; 6754(2)(4)]. Estimated 198$/89 Operating Cost $513,580 Less depreciation, amortization and vehicle lease costs $ 67,650 Net Operating Costs $445,930 Less amount of fare revenues required to meet your minimum farebox revenue $ 44,593 Maximum amount receivable for transit system $401t337 12. �_ A statement must also be submitted verifying you are making full use of federal funds available under the Urban Mass Transportation Act for transportation purposes (CAC, Section 6754(a)(3)). 13. X_ Certification from the California Highway Patrol indicating the operator is in compliance with Section 1808.1 of the Vehicle Code (PUC Section 99251; NOTE: Required if claim is submitted after July 1, 1988). 14._ Verification of. compliance with PUC Section 99155 relative to reduced transit fares and identification cards for senior citizens and disabled persons. ADDITIONAL CONDITIONS OF APPROVAL a 15. Your second quarterly payment will be conditional upon receipt of the Annual Report of Transit Operators to be submitted to the Area Council and the State Controller by September 31, 1988 (PUC, Section 99243; CAC, Section 6733). 16. 3_ Claim is subject to compliance with the adopted transfer pass policy (PUC Section 99282, 99282.5). 2718 - 1/113/ 03 -18 -88 o .• COMPLIANCE STATEMENTS SLO TRANSIT 1. Regional Transportation Plan (CAC Section 6754.1). The City of San Luis Obispo's proposed expenditures are in conformity with the Regional Transportation Plan. 2. Performance Audit (PUC Section 99244). The City has implemented programs addressing the productivity recommendations. A letter was previously sent to SLOACC, dated November 19, 1987, regarding this matter. 3. Staffing on Vehicles, Contracting (PUC Section 99264). SLO Transit does not routinely staff a transit vehicle designed to be operated by one person with two or more persons.. SLO Transit is not precluded by contract from employing part time drivers or from contracting with common carriers of persons operating under a franchise or license. 4. Capital expenditures (PUC Section 99267) The City will spend at least 15% of the overall transportation budget for capital expenditure and depreciation. 5. Farebox Ratios (PUC Section 99268.1, 2, 3, 5) SLO Transit met the required ratios in 1987 -88 and will continue to meet the required ratios in 1988 -89. The level of pasenger fares and charges is sufficient to meet fare revenue requirements. Fare Revenue Operating Cost Fare Revenue/ Operating Cost Required 1987 -88 Ratios (Projected) $ 125,000, .$ 385,000 87 -88: 10% 32.5% 88 -89: 10% 1987 -88 (Projected) $ 130,000 $ 445,930 29.1% 6. UMTA Funds (CAC Section 6754(a)(3)) SLO Transit is making full use of federal funds available under UMTA Act for transportation purposes. 7. Reduced Transit Fares (PUC 99155) SLO Transit is in compliance with Section 99155. Handicapped Passes went on sale July 1, 1987 and the Finance Department has been advised regarding eligible identification cards. N REVENUES Passenger Fares TDA -LTF Allocation TDA -STA Allocation TOTAL Ll SLO TRANSIT PROPOSED OPERATING BUDGET FISCAL YEAR 1988 -89 (prepared April 1988) EXPENDITURES Vehicle Operations Vehicle Maintenance Non - Vehicle Maintenance Administration TOTAL $ 130,000 383,508 72 $ 513,580 $ 364,550 81,430 5,100 62,500 $ 513,580 Statement required by PUC Section 99266: FY 1988 -89 SLO operating costs exceed the FY 1987 -88 operating costs by because the City has budgeted for new transit service to area. i The figures presented above are reasonable and accurate. A� Goek William C- tatler Director of Finance Transit more than 15% the Edna -Islay ail! -��1 i�ltrn !.L • 0 RESOLUTION NO. 6430 (1988 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING CONDOMINIUM CONVERSION APPLICATION FOR 10 UNITS AT 415 NORTH CHORRO STREET (CON 88 -2) WHEREAS, an application has been made for conversion to condominium of 10 units at 415 North Chorro Street; and WHEREAS, under the terms of the city's Condominium Development and Conversion Regulations (Chapter 17.82 of the Muncipal Code) this application must proceed under the project ranking procedure found at Municipal Code Section 17.82.120 (C); and WHEREAS, the Planning Commission has recommended that the North Chorro Street units be allowed to convert; and WHEREAS, Municipal Code Section 17.82.120 (D) requires the council to approve, approve subject to conditions, or deny each application subject to Planning Commission ranking review by May of each year; and WHEREAS, based on the statements of staff and the applicant, and all materials on the application forwarded to the council in the April 19, 1988 agenda packet, this council finds that this proposal would meet minimum conversion standards based on the following findings and subject to the following conditions: Findinp,s All provisions of the Condominium Development and Conversion Regulations have been or will be met. 2. The proposed conversion is consistent with the general plan. 3. Adequate facts exist to support the following findings required by the State Subdivision Map Act: A. The site is physically suited for the type and density of development. allowed in the R -4 zone. B. The design of the condominium conversion and the proposed improvements are not likely to cause serious health problems, substantially and unavoidably injure fish or wildlife or their habitat. R6430 0 0 Resolution No. 6430 (1988 Series) CON 88 -2 Page 2 C. The design of the condominium conversion or the type of improvements will not conflict with easements for access through (or use of property within) the proposed condominium conversion. 4. The proposed conversion will not displace a significant number of low- income or moderate - income households or senior citizens at a time when no equivalent housing is readily available. 5. The proposed conversion is subject to conditions of approval which will ensure substantial compliance with building and housing codes and zoning regulations which are currently in effect. Conditions: Applicant shall provide constructive notice to prospective condominium buyers that the units may not conform to zoning ordinance setback requirements; and non - conforming units, if damaged or destroyed , could be rebuilt only if made to conform. 2. Applicant shall install ceiling and wall insulation, weatherstripping, caulking and repair substandard or leaking window fittings in all units to provide substantial compliance with energy conservation standards to the maximum extent feasible, to the approval of the Chief Building Official. 3. Applicant shall install a residential fire sprinkler system in Units 5, 6, and 7 in accordance with NFPA 13 -D and shall provide a two -hour rated fire wall between two of the units. 4. Applicant shall schedule the condominium conversion so that tenants are not displaced between September 1st and June 15th. NOR', THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that: SECTION 1. The application referred to hereinabove hereby is approved. On motion of Councilman Settle seconded by Councilwoman Rappa . and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin NOES: None ABSENT: None C O Resolution No. 6430 (1988 Series) CON 88 -2 Page 3 the foregoing resolution was passed and adopted this 19th day of April . 1988. e Mayor Ron Dunin ATTE City erk Pam Vo es APPROVED: 11%., v nistrative Officer City ftorne�l V Community elopment Director Iit ., N 0 0 RESOLUTION NO. 6429 (1988 Series) RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S ORIGINAL ACTION TO APPROVE THE BUCHON STREET ELEVATION OF A CONDOMINIUM PROJECT AT 550 BUCHON STREET (ARC 87 -124) AND APPROVAL OF A REVISED ELEVATION WHEREAS, the Architectural Review Commission (ARC) and City Council have held public hearings on this request for architectural approvals of the condominium project's street elevation in accordance with Chapter 2.48 of the San Luis Obispo Municipal Code; and WHEREAS, the item has come to the council on appeal from an individual who lives in the neighborhood the proposed project is located in and the council has considered the staff report, commission minutes, applicant, appellant, and public testimony, and project plans; and WHEREAS, the council continued consideration of the appeal and referred the design of the project's Buchon Street elevation to the ARC for further study; :and WHEREAS, the ARC recommends that the revised elevation be approved by the council. NOW, THEREFORE, the council of the City of San Luis Obispo resolves to uphold the appeal of the Architectural Review Commission's action to grant final approval to the original Buchon Street elevation of ARC 87 -124 approved February 16, 1988, and approves a revised elevation endorsed by the ARC on April 4, 1988, based on the following findings and subject to the following condition: Findings: 1. The proposed street elevation is architectural compatible with the surrounding structures and is appropriate at the proposed location. 2. The proposed street elevation is consistent with the established and distinctive historical character of the Old Town Neighborhood. Condition: 1. The applicant shall install a 4 -foot detached sidewalk with parkway as part of the project's frontage improvements. R6429 L . Resolution No. 6429 (1988 Series) Page 2 On motion of Councilman Settle , seconded by Councilwoman Rappa , and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Reiss and Mayor Dunin NOES: None ABSENT: Councilwoman Pinard the foregoing resolution was passed and adopted this 19th day of April , 1988. e Mayor on Dunin A Clerk Pam des APPROVED: City A minist -ve Officer City At ney Community Development Director C 0 RESOLUTION NO. 6428 (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AGREEMENT REGARDING THE ACQUISITION AND SALE OF PROPERTY ON POINSETTIA STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the Agreement regarding acquisition and sale of property on Poinsettia Street, attached hereto as Exhibit "A" and by this reference made a part hereof, have been reviewed and are approved and the City Administrative Officer is authorized to execute the same. On motion of Councilman Settle seconded by Councilman Reiss and on the following roll call vote: AYES: Councilmembers Settle, Reiss, Pinard, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this igth day of April , 1988 -. z . ATTE CITY )CLERK Pa voges APPROVED: 019NOR Ron Dunin nfhas�o� City A . inistrative Officer r� e City jtoxnq 61rL L Community/jDed J UU i� IL4 I- rJ_ � i�sc�irc%bl: R6428 0 0 Q CITY OF SAN LUIS OBISPO Housing and Community Development Agreement THIS AGREEMENT is made and entered into this day of , 19 , by and between EDNA -ISLAY HOUSING CORPORATION, a California nonprofit public benefit corporation, hereinafter referred to as "EIHC," and the CITY OF SAN LUIS OBISPO, a charter municipal corporation, hereinafter referred to as "City." WITNESSETH: WHEREAS, ON September 15, 1987, the Council of the City of San Luis Obispo duly adopted Resolution No. 6328 (1987 Series), a copy of which is on file in the office of the City Clerk and is incorporated by reference herein as though set forth in full, wherein the City and the State Department of Housing and Community Development (hereinafter referred to as "HCD ") entered into a Grant Agreement for the Distribution and use of Community Development Block Grant (hereinafter referred to as "CDBG ") funds awarded to the City, as Grantee, under the provisions of Title I of the Federal Housing and Community Development Act of 1974 (hereinafter referred to as the "Act ") under Grant No. 87- STBG-233; and WHEREAS, pursuant to and as more fully described in the Grant Agreement, the grant funds to be received by the City are to be used and expended for (1) the acquisition of a 2.2 acre site on which 20 units of low and very -low income family housing are to be developed, and (2) general administration; and WHEREAS, the City has need for special services for the development and management of 20 units of low and very -low income family housing; and WHEREAS, EIHC represents itself as being qualified to provide such special services needed by City. NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: I. EIHC Agrees: A. To purchase from the City the 2.2 acre site mentioned herein, and described in Attachment "A ", for the amount of one dollar plus any and all escrow costs and fees. EIHC shall also pay any and all escrow . costs and fees related to the City's purchase of the subject site from the Housing Authority of the City of San Luis Obispo. B. To secure construction and permanent financing for the development of 20 units of low and very -low income family housing consisting of 13 two- bedroom and 7 three- bedroom units. C. To develop the project in accordance with the approvals granted by the Architectural Review Commission of the City of San Luis Obispo as item ARC 87 -137. D. To complete the development of the project within the timetables outlined in the agreement between the City and HCD as Contract No. 87 -STBG -233. E. To operate the project for a minimum of thirty years either: 1) In accordance with the requirements of the California Housing Finance Agency's 80/20 State -Local Rental Housing Finance Program wherein 80% of the units are rented to households with incomes between 50% and 80% of the median income and 20% of the units are rented to households with incomes below 50% of median income. Rents shall be calculated in accordance with the program regulations. 2) In accordance with the Low Income Housing Tax Credits Program as established in the Federal Tax Reform Act of 1986 and defined in Section 42 of the Internal Revenue Code, whereby 95% of the units will be rented to households with an income at or below 60% of the county median household income, as adjusted for household size under Section 8 of the United States Housing Act of 1937, and 5% of the units will be rented to households with an income at or below 50% of the county median household income, adjusted for household size, as above. Rents shall not exceed 30% of the applicable income ceiling, including the utility allowance. The utility allowance shall be as established for comparable units under the Section 8 program. An annual report shall be submitted to the City to facilitate an annual evaluation by the City to insure that the provisions of this agreement are complied with. The lease for the units shall be as approved, in writing, by HCD. No changes to the approved lease may be made without prior written approval of HCD. F. To'EC)dt�acf'iilfth' the Housing Authority of the City of San Luis Obispo for the management of the project. G. To retain all records, accounts, documentation and all other material relevant to a fiscal audit or examination, as specified by the HCD, for a period of not less than.three (3) years from the date of termin- ation of the City's Grant.Agreement with the HCD. H. In the event that the project does not proceed to completion after the City has expended grant funds, EIHC agrees to indemnify City for any and all repayments to HCD which may be required by HCD due to a failure to meet the City's contractural commitments to HCD. II. City Agrees: A. To utilize $401,500 of the awarded Community Development Block Grant Funds for the purchase of the site at 4035 Poinsettia Street, as described in Attachment "A ", from the Housing Authority of the City of San Luis Obispo. Immediately upon purchase of the property, the City will sell the site to EIHC pursuant to Section I A of this agreement. B. To be responsible for administering the fiscal and programmatic aspects of the subject grant. In the event the City determines that EIHC has not adequately complied with the terms of. the grant, the City shall notify, in writing, EIHC and HCD. III. General: A. Transfer of the Development. Express prior written approval of both the City Council and HCD is required for the sale, transfer or conveyance of the project by EIHC. Such approval shall be given provided that the following terms are incorporated into any transfer agreement: O O 1. That EIHC successor in interest agrees to assume the obligations of EIHC relating to this agreement for the duration of this agreement. 2. That EIHC's successor in interest is an eligible sponsor and demonstrates to the satisfaction of both the City and BCD that it can successfully own and operate the project in accordance with the terms of the agreement and the HCD Grant. B. Violation of Grant Agreement by EIHC. In the event of the violation of any of.the fiscal provisions of the grant by EIHC, the City shall give written notice thereof to HCD and EIHC by registered or certified mail. If such violation is not corrected to the satisfaction of the City within thirty (30) days after the date such notice is mailed (or within such further time as the City, in its sole discretion, may permit), the City may, without further prior notice, declare in writing a default under this Agreement effective on the date of such declaration of default. Upon any such declaration of default the City or HCD may apply to any court, State or Federal, for specific performance of this Agreement; for an injunction against any violation of this Agreement by EIHC; requiring repayment of excess rentals to tenants; requesting judicial appointment of a receiver to take over and operate the property in accordance with the terms of the Agreement; or for such other relief as may be appropriate, it being agreed by EIHC that the injury to the City arising from a default under any of the terms of this Agreement would be irreparable and that it would be extremely difficult to ascertain the amount of compensation to the City which would afford adequate relief in light of the purposes and policies of the Program. C. Amendment. This Agreement shall not be altered or amended except in ,Writing. No such amendment shall be effective without the prior approval of HCD and City and without meeting the requirements of the Community Development Block Grant Program. D. Partial Invalidity. If any provisions of this agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired. E. Binding on Successors. This Agreement shall bind the respective parties hereto, their legal representatives, executors, administrators, successors in office or interest; provided, however, that EIHC may not assign this Agreement or any of its obligations hereunder, voluntarily or by operation of law, without the prior approval of the City and HCD. F. Recording Agreement. This Agreement shall be acknowledged by each of the parties and recorded in the official records of the County of San Luis Obispo. This Agreement shall be indexed in the grantee index to the name of EIHC and in the grantor index to the name of the City. G. Governing Law. This Agreement shall be construed in accordance with, and governed by, the laws of the State of California, unless otherwise governed by Federal Law. Q o H. Hold Harmless. Neither the City nor any officer nor employee thereof shall be responsible for any damage or liability occuring by reason of any action or omission of EIHC or its agents, associates, contractors, sub- contractors, materialmen, laborers or any other persons, firms or corporations furnishing or supplying work, service, materials or supplies in connection with EIHC's performance of this agreement. EIHC agrees to fully indemnify, defend and hold the City harmless from any liability imposed for injury occuring by reason of any action or omission of EIHC. I. Attorneys Fees. In the event of any controversy, claim or dispute between the parties or third party beneficiaries hereto, arising out of or relating to this Agreement or breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorneys fees and costs. J. Reversion of Title. The 2.2 acres of real property shall revert in fee simple absolute to grantor, City of San Luis Obispo, after a period of fifty (50) years from the initial date of sale or transfer to EIHC. City agrees to negotiate in good faith the possibility of an extension of this agreement with EIHC. The sole purpose of an extension under this agreement shall be to provide for a continuation of providing affordable housing for lower income families. EIHC acknowledges that upon reversion of the property or termination of the project, all improvements to the real property shall become the sole property of the City.: The City has no legal obligation for reimbursement or compensation of any kind to EIHC. THESE CONDITIONS and restrictions shall expire on 50 years following the execution of this agreement. The parties agree that this agreement is entered into as part of and in consideration of a Community Development Block Grant, administered by the City of San Luis Obispo and shall be recorded. CITY OF SAN LUIS OBISPO By City Administrative Officer Community Development Director EDNA —ISLAY HOUSING CORPORATION By Chairman Treasurer ATTACHMENT A That real property situated in the City of San Luis Obispo, County of San Luis Obispo, State of California, described as: Lot 110 as shown on the certain map entitled "Units 3 and 4, Tract 929 ", in the County of San Luis Obispo, State of California, according to map recorded September 18, 1984 in Book 11, Page 97 of Maps. (4035 Poinsettia Street; APN 53- 083 -02) RESOLUTION NO. 6427 (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING EXHIBITS OF RESOLUTION NO. 6413 - RELATING TO SIDEWALKS CONSTRUCTED UNDER THE 1911 ACT BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Exhibits A and B of Resolution # 6413 are hereby amended to reflect that the John Magee assessment at 1206 Murray Street is removed from Exhibit A and added to Exhibit B. On motion of Councilman Settle , seconded by Coon ,loran R isa , and on the following roll call vote: AYES: Councilmembers Settle, Reiss, Pinard, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 19rh day Of April r 1988. %rayor Ron Dunin ATTE City erk Pam oges "city lydministrative Officer Cit tt e — Finance Director Public Works Director propown /dfr #10 R6427 (i N e, N SIDEWALK ASSESSMENTS EXHIBIT B (AMENDED) OWNER LOCATION AMOUNT W. & N.E. Thurmond 139- 41 -51 -53 Casa St. $1,194.00 K. & D.L. Bittleson 638 Woodbridge Street 11222.00 R.E. & M.E. McCorle 132 -136 Stenner Street 1,210.00 J.M. & P.A. Rappa 2022 Ruth Street 1,287.00 (Ella Street side) J.A. & D.M. Dana 130 High Street 51552.84 John Magee 1206 Murray & Stenner 31587.50 Street side exb /dfr #10 �� ���. • o J✓.J U � OWNER R. & K. Dettmer F. & R.M. Abitia Richard L. Walker, Tr. W. R. Spencer, Jr. exa /dfr #10 SIDEWALK ASSESSMENTS EXHIBIT A (AMENDED) LOCATION 640 High Street (Upham Street side) 299 Cerro Romauldo 190 Stenner Street 1222 Ella Street AMOUNT $ 760.00 975.00 1,222.00 1,236.00 RESOLUTION N0. 6426 (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE ATTACHED TRAFFIC ORDERS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: The attached Traffic Work Orders for the period of January 1, 1988 through March 31, 1988 are hereby approved. On motion of Councilwoman Ras na seconded by Councilwoman Pinard and on the following roll call vote: AYES: Councilmembers Rappa, Pinard, Reiss and Settle NOES: Mayor Dunin ABSENT: None the foregoing Resolution was passed and adopted this 19rh day of April 1988. Ron Dunin ATTES 4� 6? �\ CITY LER% Pam oges APPROVED: ity A inistrative Officer City IAtor City Engineer bl5 /wrkordrs lib3 /wr1 by R6426 f) . (j._ ?vv J CMEETING DATE: 11111nhgjjIIIqjjj�11�II city of San LUIS ogispo April 19, 1988 Will COUNCIL AGENDA REPORT ITEM NUMBER FROM: _ David F. Romero/ WKWayne A. ters Prepared by: Barbara Lynch Public Works Director City Engineer Engineering Assistant /Traff SUBJECT: Traffic Work Orders for the Period of January 1, 1988 through March 31, 1988. CAO RECOMMENDATION: Adopt a resolution approving Traffic Work Orders for the period of January 1, 1988 through March 31, 1988. BACKGROUND: The City Engineer has, over the past three months, issued work orders making changes to improve safety and operation of the street system. One quarter was red curbing, mostly requested by the public. Another one quarter was for signing. Parking changes comprised one quarter, and the remaining quarter was striping and signal work. The Council's policy is to accept this report quarterly. This report satisfies this past policy. FISCAL IMPACT: Implementation costs are minor. RECOMMENDATION: Adopt resolution approving Traffic Work Orders for the period of January 1, 1988 through March 31, 1988. Completed Traffic Work Orders (January 1, 1988 through March 31, 1988) Available in the Council office for review bl5 /wrkordrs lib3 /wrk by or-(� RESOLUTION NO. 6425 D (1988 . SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING JOHN L. WALLACE AND ASSOCIATES TO PROCEED WITH PHASE 3 OF THE GROUNDWATER STUDY WHEREAS, the City of San Luis Obispo is interested in investigating groundwater resources within the City; and WHEREAS, the consultant, John L. Wallace and Associates, has completed Phases 1 and 2 of the groundwater study; and WHEREAS, the City of San Luis Obispo is interested in performing test drilling to verify the results of Phases land 2. NOW THEREFORE BE IT RESOLVED, Council authorizes the consultant, John L. Wallace and Associates, to proceed with Phase 3 with scope of work for the groundwater study in an amount not to exceed $38,060.,- on the motion of Councilman Settle , seconded by Councilman Reiss , and on the following roll call vote: AYES: Councilmembers Settle, Reiss, Pinard and Mayor Dunin NOES: None ABSENT: Councilwoman Rappa the foregoing resolution was passed and adopted this 5th_ day of April , 1988. ® r YOR RON DUNIN ATTE CITY VLERK PAME GEs R6425 Resolution No. 6425 Page Two APPROVED: (1988 Series) Public Works Director"- Utilities Manager gdwtrres /wth #12 pr Lv� L \AMli f Gc