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HomeMy WebLinkAbout6855-6874CL RESOLUTION NO. 6874 (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE TENTATIVE MAP FOR TRACT 1750, CREATING 245 SINGLE- FAMILY LOTS, 88 CONDOMINIUMS, TWO PUBLIC PARKS, AND A LOT TO BE SOLD TO THE HOUSING AUTHORITY, ON TANK FARM ROAD, ON THE EAST SIDE OF THE RAILROAD TRACKS (TRACT 1750) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration of public testimony, the subdivision request Tract 1750, the Planning Commission's recommendation, the Architectural. Review Commission's action, the Cultural Heritage Committee's recommendation, the Parks and Recreation Commission's recommendations, and staff recommendations and reports thereon, makes the following findings: 1. The design of the tentative map and the proposed improvements are consistent with the general plan and specific plan for the Edna -Islay area. 2. The site is physically suited for the type and density of development allowed in an R- 1 -PD -SP and an R- 2 -PD -SP zone. 3. The design of the subdivision and the proposed improvements are not likely to cause serious health problems, substantial environmental damage or, substantially and unavoidably injure fish or wildlife or'their habitat. 4. The design of the subdivision or the type -of improvements will not conflict with easements for access through (or use of the property within) the proposed subdivision. 5. The Community Development Director has determined that the proposed subdivision is substantially in compliance with the Edna -Islay Specific Plan. 6. The City Council certified an environmental impact report for the Edna -Islay Specific Plan in 1982 and has considered that EIR and the addendum prepared to incorporate minor modifications between Tract 1750 and the specific plan, and finds that those two documents in combination are R AR7A Resolution no. 687# Tract 1750 Page 2 (1990 series) sufficient to assess any environmental impacts which would result from project approval, and that the record as a whole contains substantial evidence to support a determination that the minor modifications to the project approved by the Community Development Department are not so substantial as to require major modifications to the EIR and that the preparation of an addendum is sufficient. 7. This subdivision map approval requires the subdivider to expend in excess of the amount specified in Government Code section 66452.b(a) for public improvements outside the property. S. The increase in population near Islay Hill created by the development of Tract 1750, and the granting of an easement over the open space portions of Islay Hill within the boundaries of Tract 1750, allowing public use of the hillside, will lead to greater recreational use of the hillside. This increased use may need to be supported by physical improvements on the hillside in the form of trails, fencing, signing, or other improvements to increase public enjoyment of the recreational use. It is reasonable for the developer of Tract 1750, therefore, to pay to the city the cost of installing trails on the hillside, to be used for the purpose of providing physical .improvements as described above. 9. The proposed use of sound walls perform equally or better than the concept shown in the specific plan, and the walls are visually acceptable. 10. The various approval and reporting requirements established by either existing city processes or specific conditions of approval satisfy any applicable mitigation monitoring program requirements and reduce the project's environmental impacts to an acceptable level. SECTION 2. The tentative map for Tract 1750 is approved subject to the following conditions: 1. Multiple final maps must be filed, in accordance with the phases shown on the approved tentative map. Development of the project is subject to existing city growth management regulations, not to exceed 94 building permits per year or one phase per year (phases 1 and 2 shall be considered one phase) , whichever is more restrictive. Time extensions for final map approval may be granted by the city, up to the limits imposed by the Subdivision Map Act. Resolution no. 687y (1990 Series) Tract 1750 Page 3 2: Development of the subdivision must be in accordance with the Edna - Islay Specific Plan, except as specifically shown on the tentative maps approved by the council on (date) or as conditioned herein. Fire Department requirements: 3. Fire protection facilities required by the fire department are to be installed by the developer. Such facilities, including all access roads, shall be installed and made serviceable prior to and during the time of building construction. 4. Hydrants are to be spaced at 500' maximum intervals. 5. The subdivider shall pay $60,000 to the city for a fast response vehicle with off -road capability, to serve this area. Payment of $60,000, adjusted for inflation between tentative map approval and time of payment, shall be made prior to approval of the final map for phase 6. 6. All structures will require an approved, automatic fire - sprinkler system, to the satisfaction of the Fire Department. Minimum water services shall be one -inch diameter. 7. The developer shall fund $10,000 for their share of the cost of a device that lets Fire Station 3 know when railroad tracks are blocked by a train at Orcutt Road, or for three Opticom intersection controllers for responding fire apparatus. a. A 201-wide paved access road shall be provided through lots 183, 184, and 185 to provide access to the open space area, to the satisfaction of the Fire Department and City Engineer. 9. Emergency access to the Islay Hill open space shall be provided to the approval of the Fire Department. Creek and detention basin requirements: 10. A minimum setback of 20' from the creek top of bank is required for rear property lines or any improvements, except for setbacks in a 320' —wide section shown on the Creek Treatment Concepts Plan, approved as part of the tentative map, which shall be a minimum of 101. No part of the ten -foot buffer area is within the creek protection area. Resolution no. 687q (1990 Series) Tract 1750 Page 4 11. A creek protection and restoration plan must be submitted with phase one improvement plans to the approval of the City Engineer and Community Development Director, along with improvement plans, consistent with the approved Creek Concepts Plan. Such plan must show improvements to the creek area included in the creek maintenance easement or extending from the rear lot lines to the lot lines across the creek, whichever is greater. Plans shall show all landscaping and erosion protection methods. The protection and improvement plan shall include a schedule for implementation. The top -of -bank buffer improvements adjacent to the turtle habitat shall be installed as soon as possible to provide immediate protection for the existing turtle population. 12. The creek crossing methods proposed for the bicycle /pedestrian paths and for Orcutt Road must be within the guidelines established in the Flood Management Policy adopted by the city, unless an alternative is specifically approved by the council. 13. Fish and Game and Corps of Engineers permits shall be obtained if required, for work within the creek and for crossing the creek near the intersection of A Street and Orcutt Road. 14. A team shall be established to select a consultant and monitor a turtle habitat study. The team shall be made up of representatives of the Department of Fish and Game, the San Luis Obispo Urban Creeks Council, the Community Development Department, and the project applicant. The team shall assist the city in selecting a qualified consultant to conduct a turtle habitat study. The turtle study should focus on the following goals: a. Identify the essential habitat for the turtles (and by extension, the frogs). b. Determine the size of the turtle population on site, age and sex characteristics, and attempt to identify nesting areas. C. Identify specific essential habitat preservation areas, if any, within the area designated as lots 184 through 206 on the tentative map, which should be incorporated into the final project design. Resolution no. 687y Tract 1750 Page 5 d. Recommend any techniques to project design. (1990 Series) additional habitat protection be incorporated into the final Funding, not to exceed $10,000, shall be provided by the applicant. The study period will continue for a maximum of 24 months, with a 27 -month time limitation for both the study and determination of implementation measures to be required of the developer. The study period is to begin when the consultant is hired and begins work. Where a consensus or majority decision cannot be reached within the study team, the Community Development Director shall make the decision. No work, except for temporary improvements that limit human access to the riparian habitat, shall be conducted within the study area, as defined on the Creek Concepts Plan approved as part of this subdivision, prior to completion of the turtle study. The need for additional environmental review prior to approval of the final maps for phases 5 and 6 is to be determined by the Community Development Director, and is subject to normal appeal procedures. All necessary studies, enhancement measures, and site changes shall be identified and reviewed by the City Council prior to the recordation of final maps for phases 5 and 6. The site design of lots 184 through 206 and the adjacent streets will be adjusted in conformance with the recommendations of the turtle study and to the satisfaction of the Community Development Director and the California Department of Fish and Game. 15. The design of the bicycle path within the creek preservation area at the southerly end of the public park must be in accordance with Fish and Game recommendations, as shown on the Creek Treatment Concepts plan, approved as part of this map, to minimize disturbance of the creek preservation area. 16. The creek banks adjacent to Tract 1376 shall be revegetated in accordance with the Creek Treatment Concepts Plan approved as part of the tentative map. Work shall be completed prior to acceptance by the city of maintenance of the area, to the satisfaction of the Public Works Department. 17. The detention basin must be designed per standards established by the Edna -Islay Specific Plan and to the satisfaction of the City Engineer. The basin shall be installed with the third phase of development shown on the Resolution no. 687{ (1990 Series) Tract 1750 Page 6 tentative map. The detention basin may be fenced, at the developer's option, and must be owned and maintained by the tract homeowners' association. A maintenance schedule and reporting procedure shall be submitted to the City Engineer for review and approval. The schedule shall include periodic reports to the city on the condition of the basin. 18. Creek preservation and improvement areas shall be dedicated to the city in fee. Public Works requirements: 19. Orcutt Road shall be widened and improved along the entire frontage as part of phase 4. Orcutt Road shall meet City and county design standards with respect to super elevation, vertical, and horizontal stopping sight distance (55 mph design speed) , and shall include a bicycle path within the roadway on the westerly side. Sight distance at the proposed Orcutt Road /A Street intersection must be evaluated as to adequacy. Existing road may require regrading. 20. Modifications to sewage lift- stations and related improvements may be required in accordance with the specific plan. The developer may be required to contribute towards these improvements in lieu of actual construction, to the satisfaction of the Utilities Director. 21. The water tank proposed in the easterly portion of the open space area, to supplement domestic water service, must be installed and operating prior to the issuance of building permits for phase 3. 22. Water acreage fees and sewer lift station charges are required to be paid prior to recordation of the Final Map. 23. All lots must be served by individual water, sewer, and utilities. 24. The construction of public streets shall comply with the city's Engineering Standard Details/ Specifications, the Pavement Management Plan, and to the satisfaction of the City Engineer. Street structural sections shall provide for the ultimate design -life upon acceptance of the street by the city. Phased construction of housing will require the phasing of street construction or an increase in the street structural section to compensate for the reduction in the life of the street, prior to acceptance, from a i Resolution no. 687y (1990 Series) Tract 1750 Page 7 construction traffic. 25. The developer must dedicate vehicular access rights to the city, along all lots adjacent to Tank Farm Road and Orcutt Road, to the satisfaction of the City Engineer. 26. Phasing of this tract and utilities may require off -site utility extensions within subsequent phases, to the satisfaction of the City Engineer and Utilities Engineer. 27. At the time of development of phase 5, an emergency and construction access road must be provided that continues A Street to Orcutt Road, to the approval of the City Engineer and Fire Department. 28. All grading and development improvements shall be done as approved by the City Engineer and in accordance with the recommendations per the soils report prepared by Pacific Geoscience, Inc., dated July 5, 1989 and the Geotechnical Update and Plan Review by Gorian and Associates dated July 14, 1987 for Tract 1750, and any subsequent soils reports . requested by the City Engineer. The grading plan for phases 5 and 6 must be approved by a registered soils engineer and the City Engineer. The grading shall be inspected and certified by the soils engineer prior to installation of any subdivision improvements or issuance of building permits. The northwesterly limit of the landslide denoted as Qls 1 shall be determined precisely in the field prior to final map approval of the respective phase. The nearest lot line shall be at least 50 feet from that boundary and the adjacent lots shall be adjusted or deleted and Courts "H" and "G11 adjusted accordingly, except that property lines may not extend beyond that shown on the tentative map. 29. The grading plans for phases 5 and 6 shall include such facilities and preparation so that individual lots will not require offsite construction. 30. Individual lots on phases 5 and 6 shall have the foundation design approved by a registered soils engineer. A notice shall be recorded concurrently with the final map notifying any purchaser of these lots of this requirement. 31. Additional soil investigations shall be done to ascertain that the proposed water tank site and lots and streets above and below Street "A" (phases 5 and 6) are stable and suitable for development, to the satisfaction of the City Resolution no. 687y Tract 1750 Page 8 (1990 Series) �J Engineer, prior to final map approval. If evidence is found that indicates any instability, mitigation measures must be taken to remedy the instability, to the satisfaction of the City Engineer, or the respective final map shall be modified accordingly, as determined necessary by the City Engineer and Community Development Director. If these sites are required to be excavated and filled and recompacted, the fill and recompaction should closely match the original terrain, as determined by the Community Development Director and Engineering Division staff. 32. Any existing mines encountered shall be abandoned in accordance with State of California and local regulations, to the satisfaction of the City Engineer. 33. Any slope instability observed during grading operations and subdivision construction shall be evaluated by a soils engineer and repaired to the satisfaction of the City Engineer and Community Development Director prior to final acceptance of the respective phases. The final maps or separate recorded instruments shall note that (T)the city reserves the right to withhold building permits on any lot which appears to be threatened by slope instability. 34. The subdivider shall submit a report by a registered civil engineer certifying that all building sites are not subject to flooding during a 11100- year" storm, to the satisfaction of the City Engineer. Parks and open space: 35. The neighborhood park may be completed in one phase by the developer. The subdivider shall record a lien or alternative approved by the Community Development Director, equal to $750 per unit for park improvements, to become due and payable to a special fund, maintained by the city, upon transfer of the lots or dwelling units. If the developer chooses to develop the park in its entirety, without city funding assistance, to the satisfaction of the Community Development, Public Works, and Recreation Departments, the city shall refund the amounts accumulated in the park improvement fund to the developer after completion of each phase as described on the approved park phasing plan (approved as part of Tract 1376), on a quarterly basis, until all fees have been collected. 36. The hardscape areas in the neighborhood park shall be installed in the first phase of Tract 1750. The remainder of the park shall be completed in phases, as described in C, Resolution no. 6874 (1990 Series) Tract 1750 Page 9 the approved park phasing plan, or all in one phase as described in the preceding condition. 37. The developer is responsible for securing access and improvement rights, including maintenance by the city, for the bicycle path under the railroad. 38. The Islay Hill open space shall be dedicated to the city as part of the final map for phase 6 or earlier. Prior to approval of the final map for phase 1, the developer shall pay to the city an amount adequate to install the proposed trail system, the amount to be determined by estimates for the work and as approved by the Parks and Recreation Director. This money is to be used solely for physical improvements: the trail construction, maintenance, or improvement of the Islay Hill open space, as needed. The Parks and Recreation Commission will periodically review how the hillside is being used, and make recommendations to the council on the disposition of the money. 39. Public pedestrian access to the Islay Hill open space shall be provided directly from all streets adjacent to the open space area, to the satisfaction of the City Engineer and Community Development Director. 40. The open space beneath the existing power transmission lines shall be a minimum of 100' wide. No structures shall be allowed within this 100' area. A note shall be recorded for each of the lots adjacent to this open space area, informing lot owners of the proximity of the power lines. 41. The Rodriguez Adobe park shall be dedicated to the city for public park purposes, in or prior to phase 4. The Rodriguez Adobe will be restored by the city. The developer shall contribute to its restoration by paying one -half the restoration cost, up to a maximum of $100,000, upon demand by the city. Water: 42. The subdivider shall inform future lot buyers of the possibility of building permit delay based on the city's water shortage. Such notification shall be made a part of the recorded documentation for each lot. Archeology: 43. Grading plans must note that if grading or other operations unearth archeological resources, construction activities shall cease. The Community Development Director shall be C' Resolution no. 687y (1990 Series) Tract 1750 Page 10 notified of the extent and location of discovered materials so that they may be recorded by a qualified archeologist, the cost of which shall be paid by the developer. Disposition of artifacts shall comply with state and federal laws. Homeowners' Association: 44. The subdivider shall establish cover restrictions for the regulation of nuisances and architectural control facilities. These CC &R's shall Community Development Director and homeowners' association. cants, conditions, and land use, control of of all buildings and be approved by the administered by the The subdivider shall include the following provisions in the CC &R's for the tract: a. Maintenance of linear park, railroad buffer areas, and all storm water detention basins shall be by the homeowners' association in conformance with the Edna -Islay Specific Plan. b. There shall be no change in city - regulated provisions of the CC &R's without prior approval of the Community Development Director. Affordable housing: 45. Resale controls applying to the 23 affordable housing units shall be administered by the Housing Authority and shall remain in perpetuity. All affordable units shall be required to be owner- occupied. 46. Development of homes on the small lots (phases 3 and 4) shall be limited to approximately the square footage proposed as part of the planned development preliminary plan. Remodelling and additions to these homes in the future shall be in accordance with the limitations in the zoning regulations. Transit system equipment: 47. The subdivider shall provide for street furniture and signs for transit systems, as well as bus turnouts if necessary, to the satisfaction of the Mass Transit Committee, as needed with each phase. Hillside lots: Y\ b Resolution no. 687q (1990 Series) Tract 1750 Page 11 48. Architectural review is required for all lots east of the creek. 49. Except as shown on the tentative map, the maximum streetyard allowed on lots adjacent to the hillside open space is 201. Streetyard exceptions, to reduce the amount of grading required for location of residences, will be encouraged where no safety concerns are involved. All buildings on these lots must be within designated building envelopes. Building envelope restrictions shall be designated on a map to become part of the permanent file, prior to recordation of the final maps for phases 5 and 6. 50. No solid fences shall be allowed at the rear of. any lots abutting the Islay hill or creek open space. Design standards for fencing shall be developed, to be approved by the Community Development Director and the Architectural Review Commission. Noise: 51. Noise walls on the single - family lots adjacent to the railroad buffer area shall be set back at least 10' from the property line, and the area between the wall and the street landscaped with drought- tolerant shrubs and groundcover by the developer, to the approval of the Community Development Director. Fees: 52. The subdivider shall pay any applicable transportation impact fees adopted by the City Council, which are anticipated to be adopted on or about July, 1992. 53. The subdivider shall pay any applicable storm drainage fees adopted by the City council, which are anticipated to be adopted on or about July, 1992. 54. Pursuant to Government Code Section 66474.9, the subdivider shall defend, indemnify and hold harmless the City and /or its agents, officers and employees from any claim, action, or proceeding against the City and /or its agents, officers, or employees to attack, set aside, void, or annul, the approval by the City of this subdivision, Tract No. 1750, and all actions relating thereto, including but not limited to environmental review and adoption of Ordinance No. 1179 (PD 1449 -B). Resolution no. 6874 Tract 1750 Page 12 (1990 Series) r ; On motion of Councilwoman Rappa seconded by Councilman Reiss the following roll call vote: AYES: Councilmembers Rappa, Reiss, and Mayor Dunin NOES: Councilmembers Pinard and Roalman ABSENT: None the foregoing resolution was passed and adopted this. of September , 1990. , and on 18th day C' N Resolution no. 687y (1990 Series) Tract 1750 Page 13 Ma on Dunin ATTEST: CityV Clerk Pam oges APPROVED: ty dministr five Of cer G Y C, RESOLUTION NO. 6873 (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S ACTION DENYING A REQUEST TO PAINT A MURAL ON THE WALL OF A BOOKSTORE ON THE NORTHWEST CORNER OF HIGUERA AND BROAD STREETS (ARC 89 -98) BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration of public testimony, the mural request ARC 89 -98, and the Architectural Review Commission's action, the Arts Council's recommendations, the applicants' appeal, staff recommendations and reports thereon, makes the following findings: 1. The scale, size, and scope of the proposed mural would impact the neighborhood and is not appropriate at the 'proposed location. SECTION 2. The appeal of the Architectural Review Commission's action is hereby denied. On motion of Councilwoman Rappa , seconded by Councilman Reiss and on the following roll call vote: AYES: Councilmembers Rappa, Reiss, and: i•idyor:,Dunin NOES: Councilmembers Pinard;.and Roalman ABSENT:: None the foregoing resolution was passed and adopted this of September , 1990. 18th day R 6873 Resolution no. ARC 89 -98 Page 2 6873 (1990 Series) Mayor Ron Dunin City APPROVED: Pam Votes nistrative Officer it Att me Community Director v �; o • �..� Q� �� RESOLUTION NO. 6872 (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR MINOR SUBDIVISION NO. 90 -203 LOCATED AT 2046 SAAZEY STREET 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. 90 -203, 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 type and density of development allowed in the R -2 zone. 3. The design of the subdivision and the proposed improvements are not likely to cause serious health problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 4. The design of the subdivision or the type of improvement will not conflict with easements for access through, or use of property within, the proposed subdivision. 5. The subdivision will not increase the number of parcels. 6. The Community Development Director has determined that the proposed subdivision is exempt from environmental review. SECTION 2. Exceptions. Approval of reduction of lot depth required from 90 feet to 68 feet on Parcel A (shown as "new lot 4 on map) and to 72 feet on Parcel B ( "new lot 5), based on the following findings: 1. Due to the shallow configuration of the property to be divided, with two street frontages, it is impractical and undesirable to conform to the strict application of these regulations. R 6879 I Resolution No. 6872 Page 2 (1990 Series) 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, or welfare, or be injurious to other properties in the vicinity. 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. 89 -203 be subject to the following conditions: 1. The subdivider shall submit a final map to the Community Development Director for approval and recordation. 2. Subdivider shall dedicate to the city, an easement 10 feet wide centered over the existing sanitary sewer main, to the satisfaction of the City Engineer. Easement shall be shown on the-final map. 3. Subdivider shall dedicate to the city, five -feet along the entire width of proposed Lot 4 on the Swazey Street frontage, to the satisfaction of the City Engineer. 4. The subdivider shall install frontage improvements consisting of curb, gutter, sidewalk, and street paveout on both Swazey and Rachel street frontages, to the satisfaction of the City Engineer. 5. The subdivider shall remove the existing structures (house and garage) prior to final map approval. SECTION 4. Code Requirements. The following represent standard requirements required by various codes, ordinances, and policies of the City of San Luis Obispo, but are not limited to the following: Resolution No. 6872 Page 3 (1990 Series) ;J 1. Subdivider shall install street trees on both street frontages in accordance with city standards and to the satisfaction of the City Arborist. 2. Subdivider shall provide individual sewer, water and utility services for each parcel. 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. On motion of Councilwomari,Tinard , seconded by Councilman Reiss and on the following roll call vote: AYES: Councilmembers Pinard, Reiss, Rappa, Roalman, and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 18th ;:'day of September , 1990- ayor Ron Dunin ATTEST: U City Cl rk, Pam Vo s APPROVED: C?i - 4 A� City A inistr ive Offi r Resolution No. 6872 (1990 Series) Page 4 r J -13 -L Jig /0000 ••. \ R_2 _: � 3 � � � . °rte � I �• \ \ 20L}, 'l'28 °,•' STREET r - ^Om ❑ s� � I a ❑ cW� �� S W J 1 's 1p 71 :? ui .::. Q o '` a PALS 90 -203 -ZIA% % - - : � b fin:a� -ra • � ` � ` • :; :%,: -•• 's :'••� :: s RACHEL COURT I'� � �Y 'i :'y : �•i i S � i � O �O'e S FLORENCE Is %, i -1; ' ; ARC E 01 ev � r TR,.z, q g . fo '• YOB - I• I- y I- j S F ,�.. c -s - - R-2 -S � �n 1 I •''' -i ,L, •his, ilyi i i - - Y • � e R IK M1'b •i i i i i i ;' iZ 7 irl yCpY • i - • • - ` Aa %azo • ';S; y% % : : - -_ ROU - '- • • ; -� � s •y -ice i'� • : , - -$� — • 4'' 3 Es L; J -14 -R Q-",P C RESOLUTION NO. 6871 (1990 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL DETERMINING THAT PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION OF CURB, GUTTER, AND SIDEWALK ALONG THE WESTERLY SIDE OF SANTA BARBARA STREET, BETWEEN CHURCH AND MORRO STREETS WHEREAS the City desires that its citizens have available convenient and suitably located sidewalks, and WHEREAS this block of Santa Barbara Street is the only block along the westerly side of Osos and Santa Barbara Streets not having curb, gutter and sidewalk, and WHEREAS the City Council has determined that such an installation meets General Program Criteria and Site Selection Priority Criteria for such an installation, and WHEREAS, the City published and posted required notices and has held a public hearing to hear and pass upon objections or protests of property owners or other interested parties, NOW THEREFORE BE IT RESOLVED that the City Council hereby: 1. Determines that public interest, convenience, and necessity require the construction of curb, gutter, and sidewalk across the entire frontage of this block. 2. The Special Assessment, Investigation, Limitation and Majority Protest Act of 1931 shall not apply to the proceedings. R 6871 Resolution No. 6871 Page 2 3. The Superintendent of Streets (Public Works Director) is hereby ordered to notify the owner or person in possession of the property to construct the curb, gutter and sidewalk in accordance with provisions of Section 12.12.020 of the Municipal Code. On motion of Councilman Roalman , seconded by Councilman Rappa and on the following roll call vote: AYES: Councilmembers Roalman, Rappa, Pinard, Reiss, and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 18th day of September , 1990. YOR RON DUNIN ATTEST• CITY CLERK PAMELA OGES Approved: qty A inistrative Officer Public cgsres /dfr #22 Director a� Vim' `.ti. \ �/ ,•: • -,'� � / � `� ` _•o'•J ''� \� R z U o PF .F O ` �\ .\ R -3 ZZ zz \ O \ O ,c V • _ J r \ z = O _ �- R-3 - _ - _ _ �� - ZXZZ =_= - ob, of 0 Q��'�. � � �� � � DOC. NO- 66170 OFFICIAL RECORDS SAN LUIS OBISPO CO., CA Recording requested by and when recorded mail to: SEP 2 5 1990 City Clerk FRANCIS M. COONEY City of San Luis Obispo County CWk-Aewder P. O. Box 8100 TIME San Luis Obispo, CA 93403 -8100 4 - 4 5 PM RESOLUTION NO. 6870 (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING AND DETERMINING THAT HASRIN AVENUE, BETWEEN SANTA BARBARA AVENUE AND THE SOUTHERN PACIFIC RAILROAD RIGHT -OF -WAY IS UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC PURPOSES AND ORDERING THE ABANDONMENT OF SAME SUBJECT TO RESERVATION OF A SANITARY SEWER EASEMENT BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. In accordance with the public hearing duly held on September 18, 1990, pursuant to Section 8300 et seq. of the California Streets and Highways Code, this Council finds and determines that the portion of Haskin Avenue right -of -way as described and shown on the map marked Exhibit "A ", attached hereto and incorporated herein is not necessary for present or future public purposes. SECTION 2. This Council hereby orders the abandonment of said right -of -way subject to: (a) reservation of a 10 -foot wide public sanitary sewer easement centered on the existing 6 -inch diameter main in Haskin Avenue; (b) concurrent recordation of lot -line adjustment map and /or of certificates of compliance to eliminate landlocked parcels, to the satisfaction of the Community Development Director and the City Engineer. VOL 3584 PACE 194 R 6870 C Resolution No. 6870 (1990 Series) Page Two. W SECTION 3. The City Clerk shall cause a certified copy of this Order of Abandonment, duly attested under the seal of the City to be recorded in the Office of the Recorder of the County of San Luis Obispo, upon satisfaction of the conditions mentioned in Section 2 above. On motion of Councilwoman Rappa , seconded by Councilman Reiss and on the following roll call vote. AYES: Councilmembers Rappa, Reiss, Pinard, Roalman, and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 18th day of September , 1990. tee/ YOR Ron Dunin rf: AT „^. z l X:. city CA rk i, '0 n. ED: ty Administrat,ive Officer VA t Director City--kngineer Jk- pMaskaban VOL 3584 PAGE 195 N /4H ST. \ I NORTH '^ T 8E A0AA400NEp HA V/A AYE II u N 4� . � W RauvoWcu6E sT. LEGAL DESCRIPTION HASKIN AVENUE ABANDONMENT, BETWEEN .SANTA BARBARA AVE. & SPRR R /W. That portion of Haskin Avenue, in the City of San Luis Obispo, County of San Luis Obispo, State of California,. as shown on the map of the Buena Vista Addition, filed in Book A, page 47 of Maps and as shown on the map of the Fairview Addition, filed in Book A, page 98 of Maps, in the Office of the County Recorder of said County, described as follows:. That portion of the above- described right of way, bounded on the west by a line distant 10 feet easterly of, and parallel to, the easterly line of Santa Barbara Avenue, as shown on the above - said maps, and bounded on the east by the westerly line of the property conveyed to the Southern Pacific Railroad Company, by deed dated and recorded November 28, 1890 in Book 11, page 42 of Deeds. EXCEPTING Emily Street right of way as shown on said maps. RESERVING a10 -ft wide sanitary sewer easement, centered over the existing sanitary sewer within said abandoned.Haskin Avenue right of way. „I,I ^ilryI�i li city of ABAwDoAIA14r Alr Of A PORMAI I1 J K , �,1 San tuIS OBISpo 11.400AI Av,E. #fslr ,', DATAPRINT N 1558 -Kin nc nnr%l iPLer_KiT AV F -90 vni .1584 PAGE 196 6 t/ NN RESOLUTION NO. 6869 (1990 Series) APPROVING A CONSENT DECREE BETWEEN THE CITY OF SAN LUIS OBISPO AND THE STATE OF CALIFORNIA FOR ACHIEVING COMPLIANCE WITH THE CITY'S WASTEWATER DISCHARGE PERMIT WHEREAS, on June 12, 1987 the State of California Regional Water Quality Control Board issued the City Cease and Desist Order No. 87 -113, and WHEREAS, Cease and Desist Order No. 113 contained a time schedule for compliance with the discharge limitations contained .in the City's wastewater discharge permit, and WHEREAS, a complaint for a civil action has been brought by the State against the City for alleged violation of certain limitations in the permit, and WHEREAS, it is the desire of both the City and the State to resolve the issue without protracted litigation and expense, and WHEREAS, it is the intent of the City and the State that this Consent Decree will resolve fully the claims of the State and the United States against the City concerning alleged violations of the City's wastewater discharge permit from the date of permit issuance up to and including the date of entry of the consent Decree. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of San Luis Obispo does hereby approve and authorizes the Mayor to execute, the Consent Decree between the City and the State for completing the necessary Wastewater Treatment Plant Improvements and achieving compliance with the City's wastewater discharge permit. coon Resolution No. 6869 (1990 Series) Upon motion of Councilwoman Rappa , seconded by Councilman Roalman and on the following roll call vote: AYES: Councilmembers Rappa, Roalman, Pinard, Reiss, and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was adopted this 18th day of September 1990. ayor Ron Dunin ATTEST -: Pam V0'?--es, City erk APPROVED: C;�K gwa--�� Cit Administra ive OffTcer y to n� City Finance Director U CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD CENTRAL COAST REGION 1102 -A Laurel Lane San Luis Obispo, California 93401 RESOLUTION NO. 90-07 CONSIDERATION OF A CONSENT DECREE FOR THE STATE OF CALIFORNIA, REGIONAL WATER QUALITY CONTROL BOARD, CENTRAL COAST REGION, PLAINTIFF AND THE CITY OF SAN LUIS OBISPO, SAN LUIS OBISPO COUNTY, DEFENDANT The California Regional Water Quality Control Board, Central Coast Region (hereafter Board), finds that: WHEREAS: L The City of San Luis Obispo (hereafter City), operates a wastewater collection, treatment, and disposal system to provide sewerage service to the City of San Luis Obispo, and' local sewering entities of California Polytechnic State University, and San Luis Obispo County Airport; and, 2. The Board last issued NPDES Permit No. CA0049224 to the City on April 13, 1990 (Order No. 90 -12); and, 3. The Board contends that the City was required to and did not eliminate the violations of effluent limits for biochemical oxygen demand (5 -day), total non - filtrable residue (suspended solids), unionized ammonia, and toxicity and receiving water limits for temperature, color, pH, MBAS, foam, and turbidity from its wastewater treatment plant pursuant to terms and conditions contained in Order No. 90-12, issued pursuant to Section 13371 of the California Water Code, and in NPDES Permit No. CA0049224, issued under the authority of Section 402 of the Clean water Act, 22 U.S.C. Section 1342; and, 4. The Board alleges the City is in violation of the terms and conditions contained in Order No. 90 -12, NPDES Permit No. CA0049224, as described above; and, 5. The Board, as plaintiff wishes to bring a complaint for civil action against the City, as Defendant, to the State of California Superior Court; and, 6. The Board and the City desire to resolve the controversy between them without protracted litigation and expense. The Board and City have therefore negotiated a Consent Decree setting forth stipulated penalties, and time schedules to bring the City into compliance with Order No. 90-12, NPDES Permit No. CA0049224; and, 7. Approval of the Consent Decree is exempt from the provisions of the California Environmental Quality Act (Public Resources Code Section 21100, et seq.) in accordance with Section 13308, Chapter 3, Title 14, California Code of Regulations; and, Resolution No. 90 -07 -2- 8. On September 21, 1990, the Board notified the 9. City and interested agencies and persons of its intent to approve a Consent Decree with the Board and City, and scheduled a public hearing for October 12, 1990; and, October 12, 1990 In a public hearing on October 12, 1990, the Board heard and considered all comments pertaining to the Consent Decree and found this Resolution consistent with the above findings. NOW THEREFORE BE IT RESOLVED, the Board approves the Consent Decree to be filed with the State of California Superior Court by the State Attorney General. The Board further authorizes its Executive Officer to take whatever action necessary to carry out the terms of the Consent Decree once it is filed with the Court. I, WILLIAM R. LEONARD, Executive Officer, do hereby certify the foregoing is a full, true, and correct copy of a Resolution adopted by the California Regional Water Quality Control Board, Central Coast Region, on October 12, 1990. sm26:SLO.Res i September 7; 1990 JOHN K. VAN de KAMP Attorney General R. H. CONNETT Assistant Attorney General BRUCE S. KLAFT9R Deputy Attorney General 6000 State Building San Francisco, CA 94102 (415) 557-0269 T,g Z.. Attorneys for Plaintiff State of California JAMES J. DRAGNA Special Counsel Pepper, Hamilton & Scheetz 444 South Flower Street- 19th Floor Los Angelesi CA 90071 Telephone:_(213) 688-5600 Attorneys for Defendant City of San Luis Obi.spo STATE OF CALIFORNIA SUPERIOR COURT STATE OF CALIFORNIA, CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD,, CENTRAL COAST REGION Plaintiff, V. CITY OF SAN LUIS OBISPO, Defendant CIVIL ACTION NO. CONSENT DECREE 7 Consent Decree -2- September 7, 1990 WHEREAS, the City of San Luis Obispo, a municipal corporation of the State of California ( "City "), owns and operates a wastewater treatment facility located at Prado Road in San Luis Obispo; and, WHEREAS, discharges from the City's wastewater treatment facility into San Luis Obispo Creek are governed by the terms of Order No. 90 -12, National Pollutant Discharge Elimination System ( "NPDES") Permit No.-CA0049224, issued to the City by the Regional Water Quality Control Board, Central Coast Region ( "Board "), pursuant to Section 13377 of the California Water Code in accordance with Section 402 of the Clean Water Act, 33 U.S.C. sec. 1342. Hereafter any references to NPDES Permit No. CA0049224 shall be deemed to include Order No. 90 -12 and all subsequent modifica- tions thereof; and, WHEREAS, on June 12, 1987, the Board issued Cease and Desist Order No. 87 -113 which established a time schedule for compliance with the effluent limitations and receiving water limitations in NPDES Permit No. CA0049224. On April 13, 1990, the Board amended Order No. 87 -113 with Cease and Desist Order No. 90 -14. Hereafter any references to NPDES Permit No. CA0049224 shall be deemed to include Cease and Desist Order No. 87 -113 and 90 -14; and, WHEREAS, a complaint for a civil action was brought by the plaintiff, State of California ( "State ") through the Board against the City; and, WHEREAS, the State alleges that the City is in violation of certain effluent limitations and receiving water limitations in NPDES Permit No. CA0049224; and, WHEREAS; the State and the City desire to resolve and settle this controversy without protracted litigation and expense; and, WHEREAS, it is the intent of the City to use its best efforts in good faith to achieve and maintain•-full compliance with the terms and conditions contained in NPDES Permit No. CA0049224; and, WHEREAS, it is the intent of the parties that this Consent Decree will resolve fully the claims of the State and the United States against the City concerning alleged violations of NPDES Permit No. CA0049224 from the date of its issuance up to and including the date of entry of this Consent Decree. NOW, THEREFORE, upon the pleading and upon consent of the parties thereto, it is hereby ORDERED, ADJUDGED AND DECREED as follows: Consent Decree .3- I. JURISDICTION September 7, 1990 This Court has jurisdiction of the subject matter of this litigation and of the parties consenting hereto for the purpose of entering this Consent Decree. The complaint states a claim upon which relief may be granted against the City pursuant to Sections 13388 and 13386 of the California Water Code.. II. APPLICABILITY The provisions of this Consent Decree shall apply to and be binding upon the parties hereto, their respective agents, successors, and assigns. III. COMPLIANCE WITH OTHER LAWS A. This Consent Decree is not and shall not be interpreted to be a permit or waste discharge requirements, or a modification of an existing permit or waste discharge requirements, under Section 402 of the Clean Water Act, 33 U.S.C. Section 1342, or Section 13377 of the California Water Code. Any new permit, or modification of the existing permit, must be accomplished in accordance with applicable Federal and State laws and regulations. B. This Consent Decree shall not relieve the City of its obligation to comply with the City's NPDES permit_ or waste discharge requirements, or with. federal or State law. Provided however, that insofar as this Decree establishes a compliance schedule for a specific effluent limitation or receiving water limitation that is inconsistent with the City's present or future NPDES Permit or waste discharge requirements, with any statute or regulation, or with any administrative order issued to the City, the State will take no action seeking penalties or seeking a compliance schedule which is inconsistent with those contained.in this Consent Decree. It is the intent of the parties that the federal government take no such action and the State also agrees to use its best efforts to ensure that the United States will take no such enforcement action. Consent Decree -4- IV. TERTIARY TREATMENT September 7, 1990 A. The City shall achieve tertiary treatment at its wastewater treatment facility pursuant to the following schedule: 1. COUNCIL APPROVED PLANS AND SPECS AUTHORIZE TO BID AUG. 28, 1990 . 2. PRINT DOCUMENTS SEPT. 10, 1990 3. ADVERTISE FOR BIDS OCT. 10, 1990 4. RECEIVE BIDS JAN. 31, 1991 5. EVALUATE BIDS MAR. 14, 1991 6. AWARD CONTRACT APR. 18, 1991 7. NOTICE TO PROCEED MAY 16, 1991 8. START CONSTRUCTION JUNE 18, 1991 9. COMPLETE CONSTRUCTION DEC. 30, 1993 10. BEGIN UNIT STARTUP AND.SHAKEDOWN DEC. 30, 1993 11. UNIT . #3 STARTUP COMPLETE -FULL COMPLIANCE OCT. 1, 1994 "tertiary B. For the purposes of this Consent Decree, the term limitations treatment" means compliance with those effluent contained in NPDES Permit No. CA0049224 for 5 -day biochemical oxygen demand, suspended solids, un- ionized ammonia and toxicity concentration. C. Until the City achieves tertiary treatment, the City shall comply with and, except as provided in Paragraph VI, shall thereafter maintain full compliance with the Interim Effluent Limitations set forth in Appendix A. J1 Consent Decree -5- September 7, 1990 V. RECEIVING WATER.LIMITATIONS A. The City shall achieve Compliance with the receiving water limitations at its facility pursuant to the following schedule: 1. ARCHITECTURAL REVIEW COMMISSION OCT 15, 1990 SUBMITTAL 2.. COMPLETE CONTRACT DOCUMENTS DEC 15, 1990 3. ARC APPROVAL DEC 11, 1990 4. REVIEW BY RWQCB AND SWRCB FEB 15, 1991 5. INCORPORATE COMMENTS ON CONTRACT MAR 15, 1991 DOCUMENTS 6. COUNCIL APPROVED PLANS & SPECS APR 16, 1991 7. PRINT DOCUMENTS MAY 16, 1991 8. ADVERTISE FOR BIDS MAY 17, 1991 9. RECEIVE BIDS AUG 291 1991 10. EVALUATE BIDS SEPT 21, 1991 11. AWARD CONTRACT OCT 25, 1991 12. NOTICE TO PROCEED NOV 22, 1991 13. START CONSTRUCTION JAN 21 1992 14. COMPLETE CONSTRUCTION DEC 30, 1993 15. BEGIN UNIT STARTUP & SHAKEDOWN DEC 30, 1993 16. UNIT #4 STARTUP COMPLETE -FULL COMPLIANCE OCT If 1994 limitations" B. For the purposes of this Consent Decree, "receiving water shall mean the receiving water limitations for temperature, color, pg.. MBAS and turbidity contained in NPDES Permit No. CA0049224. . I Consent Decree -6- September 7, 1990 C. Until the City completes the project outlined in V.A., the City shall comply with and, except as provided in Paragraph VI. shall thereafter maintain full compliance with interim limits ir. Appendix B. VI. INTERIM EFFLUENT LIMITATIONS AND RECEIVING WATER LIMITATIONS A. The interim limitations set forth in Appendices A. and B. may be revised to temporarily permit increased discharges of pollutants if performance of the facilities at the City's Wastewater Treatment Plant cannot achieve pollutant discharge levels required by this Consent Decree and the NPDES Permit No. CA0049224 because of construction of the improvements required by this Consent Decree. 'Any such revision shall be effective only during construction of improvements required to comply with this consent decree and shall occur through the following procedures: 1. City shall notify the Board in writing not less than forty -five (45) days prior to commencing any planned construction activity which the City expects to prevent its treatment facilities from achieving required limitations. If it is not reasonably foreseeable that a construction activity will prevent treatment facilities from achieving required limitations; the City may provide notice to the Board no later than thirty (30) days after commencing such construction activity. This notice shall include: a. A description of the specific construction activities; b. A description of the portion of the facilities which these activities will affect and or have affected and how the activities will interfere or have interfered with the functioning of the facilities; C. The estimated duration of the construction activities which will cause or have caused, increased discharge of pollutants and the proposed effective term of the revisions to the limitations; d. The interim limitation(s) which the City proposes adding to Appendix A or B; and - Consent Decree -7- September 7, 1990 e. A description of alternative measures considered by the City to avoid increased pollution discharge and reasons why these alternatives will not be undertaken or will not be effective; and f. If notice was provided less than forty -five days prior. to undertaking the construction activity, the reasons why the City could not reasonably foresee that such activities would prevent the wastewater treatment facilities from achieving the required limitations; and g. Any other information reasonably requested by the Board to assist in the review of the City's proposal. 2. The Executive Officer ( "EO") shall approve or reject the request within twenty -one (21) days of receipt thereof. If the EO fails to respond to the request within forty -five (45) days, the request shall be deemed to have been approved. No request shall be approved if it results in discharge of untreated sewage to San Luis Obispo Creek, or would cause the death of fish or a substantial amount of aquatic life in San Luis Obispo Creek. Revisions of effluent limitations or receiving water .limitations shall be approved only for the period of time actually required to complete the specific activities which prevent compliance. 3. If the EO rejects the request, he shall provide the City with an explanation of the bases for the rejection. The parties shall use their best efforts to reach agreement on. revisions to Appendices A &'B. In the event that the parties are unable to reach agreement within thirty (30) days of receipt by the City of the Board'a determination, the parties shall submit the matter to the Court for resolution. The City shall have the burden of proof in the Court proceeding: z B. The interim limitations set forth in Appendices A & B may be revised to require reduced discharges of pollutants if existing and future facilities at the City's Wastewater Treatment Plant can achieve reduced discharge of pollutants when operating according to standard engineering practices: _ Any such revision shall occur through the following procedures: 1. The EO may submit a proposal in writing to the City indicating in detail the improved interim limitations the State believes the City Wastewater Treatment.Plant is capable of meeting on a sustained basis, and a statement outlining the basis for proposed interim limitations. No such proposal Consent Decree -8- September 7, 1990 shall be made before December 30, 1993. . The proposed interim limitation reduction shall not be more restrictive than the requirements of any applicable NPDES permit or its equivalent in effect at the time. 2. The City shall -respond to the proposal: within thirty (30) days of receipt. A response may accept the proposal, reject the proposal, or suggest alternative interim limitations. If the City does not respond in writing within sixty (60) days of receipt of the proposal, then it shall be deemed to have accepted the proposal and the proposal shall be treated as incorporated into Appendices A or B. 3. The City and the EO shall use their best efforts to resolve any disputes concerning the proposal. If the par -ties agree to a modification of the interim limitations, the modifications will be submitted to the Court for incorporation into Appendices A or B through a modification of the Consent Decree. 4. If the parties are unable to agree within thirty (30) days of the City's response to the proposal, the parties shall move the Court jointly for resolution of the dispute. The City shall bear the burden of proving it cannot achieve the reduced discharge of Pollutants consistently when the City's facility is operated according to standard 'engineering Practices. VII. RELEASE Upon entry of this Consent Decree, the City shall be released 1. of all civil claims of. the State for the City's alleged violations of the Clean Water Act, the Porter - Cologne Act, the regulations promulgated thereunder, and NPDES Permit No. CA0049224 that have been or could have been alleged by the State up to and including the date of entry of this Decree. The -City's performance of all conditions set forth in Paragraphs IV and V of this Decree shall constitute full and final settlement of all claims arising out of or relating to violations of effluent limitations and receiving water limitations of NPDES Permit No. CA0049224 occurring on or after the date of the entry of this Decree until its termination. This release does not apply to violations of. NPDES Permit No. CA0049224, -other than effluent limitations and receiving water limitations, which occur on or after the date of entry of this decree and the State reserves all rights it has to take action against the City for penalties, injunction or other remedies 0 Consent Decree September 7, 1990 provided by law in connection with such violations. This settlement does not include any NPDES violations which the City has failed to disclose to the State. VIII. CIVIL PENALTY The City has paid the sum of One hundred and Forty -nine Thousand Dollars to the Board for the City s alleged violations of NPDES Permit No. CA0049224, (the Glean Water Act, the Porter - Cologne Act, and the regulations promulgated thereunder). IX. STIPULATED. PENALTIES. A. The City shall pay the following penalties for failure to comply with the Interim Limitations contained in Appendices A & B: Days of-non-compliance. Penalty per day 1 -30 $ 250 31 -60 500 61 -180 1,000 Beyond 180 days 3,000 B. The City shall pay the following penalties for failure to comply with the compliance deadlines set forth in Paragraphs IV.A.3. IV:A.7. IV.A.11, and V.A.16: =Days of non- compliance Penaltv per day 7 -30 $ 250 31 -60 500 61 -180 1,000 Beyond 180 days 31000 C. For purposes of this Consent Decree, a single incident which leads to simultaneous violations for more than one pollutant parameter shall be treated as a violation for only one pollutant parameter, and a violation of a monthly average limitation shall be deemed a separate violation for each day exceeding the monthly average limitation. l Consent Decree -10- September 7, 1990 D. Should the City fail to achieve compliance with tertiary treatment by October 1, 1994, the City shall incur a penalty of $25,000. E. All penalties due under this Paragraph shall be paid within thirty (30) days of receipt by the City of a letter from the Board demanding payment. Payment shall be made according to the following procedure: 1. The full amount of the penalty shall be paid by check payable to the State Water Resources Control. Board. The decision to demand payment of any stipulated penalty under this Paragraph shall be at the discretion of the State. A copy of the letter demanding payment shall be submitted to the Court. 2. Should the City contend that a stipulated penalty should not be paid or should be reduced, the City may, within thirty (30) days of receipt of the demand for payment move the court for relief. If the City elects not to pay any disputed penalties, and if the City is ultimately determined to be liable for such penalty, the City shall pay interest from the date of receipt of the demand for payment to the date of actual payment. The interest shall be computed daily at the rate provided for interest on money judgments pursuant to California Code of Civil Procedure Section 685.010. F. Stipulated penalties paid pursuant to this Paragraph shall be in addition to, and shall not preclude the use of, any other remedies or sanctions that may be available to the State to enforce this Consent Decree. Nor shall the payment of such stipulated penalties be construed so as to relieve the City from specific compliance with this Consent Decree or federal or State law. X. FORCE MAJEURE A, If any event occurs that is beyond the reasonable control of the City that may delay the timely completion of any requirement of this Consent. Decree, including but not limited to limitations in Appendices A or B, the City shall notify the Board and the Court in writing within forty —five (45) calendar days of the time that the City becomes aware of the event: The notice shall describe in detail, the nature of the event and the measures taken to prevent or minimize the delay. The City will use its best efforts to take Consent Decree -11- September 1, 1990 reasonable measures to avoid or minimize anv such delay. Failure by the City to comply with the notice requirements of this Paragraph shall _ -render the provisions of this Paragraph void as to the particular event involved. B. If the Board agrees that the delay was caused by circumstances a "rising from causes beyond the reasonable control of the City or its contractors, the City will not be subject to any sanction, including stipulated penalties, for any violation of this Consent Decree caused by such delay. Under such circumstances, the parties shall request the Court, and the Court shall modify, the Consent Decree to provide additional time for performance of the requirement. C. If the parties -are unable to agree that a delay has been caused by circumstances beyond the reasonable control of the City or its contractors, or, if the parties are unable to agree on a modification of this Consent Decree to provide additional time for performance, the parties shall jointly move the Court to resolve the dispute. In such proceeding, the City shall bear the burden of proving: 1) that the delay is or was caused by circumstances beyond the reasonable control of the City, and 2), that the additional time requested is reasonable to compensate for that event. E. The fact that the parties may have previously stipulated any delay in meeting any other schedule or date as modified'by this Consent Decree was caused by circumstances beyond the control_ of the City, shall not constitute proof that circumstances beyond the control of the City exist or existed for failure to comply with any subsequent compliance date. If the City establishes that any failure to meet a compliance date was due to circumstances beyond its control, such date shall. be extended. The City may not, however, be relieved of the ultimate duty to comply with all requirements of the Clean Water Act - , 33 U:S.C. Section 1251 et seq., or the Porter- Cologne Water. Quality Control Act, California. Water Code Section 13060 et seq. XI. COORDINATOR. The State and the City will each designate. a single coordinator and an alternate who will be responsible for directing all documents related to this Consent Decree to the proper person for processing and who will track the progress of items. in this decree. The coordinators shall inform all parties and the Court as to their names, addresses, and telephone numbers within sixty (60) days of the entry of this Decree. Q E Consent Decree -12- September 7, 1990 XII. RIGHT OF ENTRY Any designated representative or contractor of the State may, upon presentation of credentials, enter upon the premises of the facility owned, operated and controlled by the City for the purposes of monitoring compliance with the provisions of the Consent Decree. This right of entry shall be in addition to State's right of entry under applicable law.. All inspections and monitoring by representatives or contractors of the State shall be reasonable and shall be conducted in a manner that will not interfere with the safety or operation of the facilities. XIII. SUBMISSION OF DOCUMENTS The City agrees to submit such further information to the Board as may be reasonably required in order to ensure compliance with the terms of this Consent Decree. XIV. FUNDING A. Nothing in this Consent Decree shall limit or otherwise affect the City's ranking, qualification or ability to ..obtain funding for the construction of facilities required pursuant to this Consent Decree from the State or Federal Governments. B. The construction schedules and obligations in Paragraphs IV. and V. herein are calculated on the basis of timely receipt by the City of a written loan commitment from the State in response to the City's pending loan, application for the construction of receiving water facilities. If such, loan commitment is not received by February 15, 1991 for the construction of receiving water facilities, the parties agree to renegotiate the schedules and obligations for receiving water facilities to reflect the actual date of the City's receipt of such loan commitments or other construction financing. XV. RETENTION OF JURISDICTION This Court shall retain jurisdiction over this matter as may be necessary or appropriate for the construction or execution of this Consent Decree. In the event a dispute arises between the City and the State regarding compliance with or interpretation of n Consent Decree -13-. September 7, 1990 any requirement or provision contained in this Consent Decree, either party may file a petition with this Court for resolution of such dispute after making a good faith attempt to resolve the dispute through negotiations. XVI. COSTS Each party shall bear its own costs and disbursements in this action. XVII. NO _WAIVER Unless otherwise specified herein, any failure or delay by the Board to enforce a violation of any provision of this Consent Decree shall not be deemed a waiver of the Board s right to seek stipulated penalties or otherwise enforce the requirements of this Consent Decree. XVIII. AMENDMENTS This Consent Decree may be amended. for "reasons other than those set forth in previous sections when: the parties agree; such amendments do not violate the intent of this Consent Decree; public notice procedures are followed; and the parties move the Court jointly for amendment_ XIV. TERMINATION This Consent Decree shall expire aftbr all parties hereto have certified and the Court has determined that the City has complied with the terms of this Decree. Upon expiration of this Decree, this action shall be dismissed with prejudice.. Consent Decree -14- - Rai- Dunin,. Mayor City of San Luis Obispo William R. Leonard, Executive Officer on behalf of the Regional Water Quality Control Board �� September 7, 1990 �/ 9z:> Dat /© /Y/A 0 D e DATED AND.ENTERED THIS day of , 1990 . Judge of Superior Court of San Luis Obispo 4 - onsent Decree -15- September 7,, .1990 APPENDIX A CITY OF SAN LUIS OBISPO INTERIM_EFFLUENT LIMITATIONS The city shall continue to comply with. all effluent limitations in NPDES Permit No. CA0049.224 except effluent limitations for BOD, Suspended Solids, Un- ionized Ammonia, Toxicity. Concentration Settleable Solids, Turbidity, and Grease and Oil. , The City shall achieve compliance with the following effluent limitations for discharge,to_San Luis Obispo Creek from the City of San Luis Obispo Wastewater Treatment plant: Bi- Monthly Monthly Weekly Unit of (60 -Day) (30 -Day) (7 -Day) Daily C onstituent Measure Average Average Average Maxim BOD, 5 -Day mg /l 25 35 60 80 lbs /day* 1065 1490 2550 3400 kg /day* 485 680 1160 1540 Suspended Solids mg /l 2.0 25 40 80 lbs /day* 835 1060 2550 3400 kg /day* 400 480 1160 1540 Settleable Solids ml /1 N/A 0.1 N/A 0.3 Turbidity NTU 10 15 30 Grease and Oil mg /l N/A 15 N/A 25 lbs /day* N/A 640 N/A 1060 kg /day* N/A 290 N/A 490 *For flows less than 5.10 MGD, mass emission rates shall not exceed the "Maximum Allowable Mass Emission Rate ". Consent Decree -16- September 7, 1990 APPENDIX B CITY OF SAN LUIS OBISPO INTERIM RECEIVING WATER LIMITATION The City shall continue to comply with all receiving water limitations in NPDES Permit No. CA0049224 except receiving water limitations for temperature, color, turbidity, MBAs, foam, and pH. The City shall comply with the following receiving water limitations in San Luis Obispo Creek: PH 6.0 -9.0 with no change more than 1.0 units. No interim limit for temperature, color, turbidity, MBAS, or foam. sm26:Decree.slo I J CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD CENTRAL COAST REGION 1102 -A Laurel Lane San Luis Obispo, California 93401 RESOLUTION NO. 90 -07 CONSIDERATION OF A CONSENT DECREE FOR THE STATE OF CALIFORNIA, REGIONAL WATER QUALITY CONTROL BOARD, CENTRAL COAST REGION, PLAINTIFF AND THE CITY OF SAN LUIS OBISPO, SAN LUIS OBISPO COUNTY, DEFENDANT The California Regional Water Quality Control Board, Central Coast Region (hereafter Board), finds that WHEREAS: L The City of San Luis Obispo (hereafter City), operates a wastewater collection, treatment, and disposal system to provide sewerage service to the City of San Luis Obispo, and local sewering entities of California Polytechnic State University, and San Luis Obispo County Airport; and. 2. The Board last issued NPDES Permit No. CA0049224 to the City on April 13, 1990 (Order No. 90 -12); and, 3. The Board contends that the City was required to and did not eliminate the violations of effluent limits for biochemical oxygen demand (5 -day), total non - filtrable residue (suspended solids), unionized ammonia, and toxicity and receiving water Emits for temperature, color, pH, MBAS, foam, and turbidity from its wastewater treatment plant pursuant to terms and conditions contained in Order No. 90-12, issued pursuant to Section 13377 of the California Water Code, and in NPDES Permit No. CA0049224, issued under the authority of Section 402 of the Clean Water Act, 22 U.S.C. Section 1342; and, 4. The Board alleges the City is in violation of the terms and conditions contained in Order No. 90-12, NPDES Permit No. CA0049224, as described above; and, 5. The Board, as plaintiff, wishes to bring a complaint for civil action against the City, as Defendant, to the State of California Superior Court; and, 6. The Board and the City desire to resolve the controversy between them without protracted litigation and expense. The Board and City have therefore negotiated a Consent Decree setting forth stipulated penalties, and time schedules to bring the City into compliance with Order No. 90 -12, NPDES Permit No. CA0049224; and, 7. Approval of the Consent Decree is exempt from the provisions of the California Environmental Quality Act (Public Resources Code Section 21100, et seq.) in accordance with Section 13308, Chapter 3, Title 14, California Code of Regulations; and, r �r Resolution No. 90 -07 -2- October 12, 1990 8. On September 21, 1990, the Board notified the 9. In a public hearing on October 12, 1990, the City and interested agencies and persons of its Board heard and considered all comments intent to approve a Consent Decree with the pertaining to the Consent Decree and found Board and City, and scheduled a public this Resolution consistent with the above hearing for October 12, 1990; and, findings. NOW THEREFORE BE IT RESOLVED, the Board approves the Consent Decree to be filed with the State of California Superior Court by the State Attorney General. The Board further authorizes its Executive Officer to take whatever action necessary to carry out the terms of the Consent Decree once it is filed with the Court. E WILLIAM R LEONARD, Executive Officer, do hereby certify the foregoing is a full, true, and correct copy of a Resolution adopted by the California Regional Water Quality Control Board, Central Coast Region, on October 12, 1990. // - ' I`cldsa. / September 7, 1990 JOHN K. VAN de KAMP Attorney General R. H. CONNETT Assistant Attorney General BRUCE S. KLAFTER Deputy Attorney General 6000 State Building San Francisco, CA 94102 (415) 557 -0269 7 �6 :m at.i9 l y ^� •h Attorneys for Plaintiff State of California JAMES J. DRAGNA Special Counsel Pepper, Hamilton & Scheetz 444 South Flower Stree'E;'19th" Floor Los Angeles, CA 90071 Telephone: (213) M -5600 Attorneys for Defendant City of San Luis Obispo STATE OF CALIFORNIA SUPERIOR COURT STATE OF CALIFORNIA, CALIFORNIA ) REGIONAL WATER QUALITY ) CONTROL BOARD, CENTRAL ) COAST REGION ) Plaintiff, ) V. ) CITY OF SAN LUIS OBISPO, ) Defendant CIVIL ACTION 140. CONSENT DECREE . t �i Consent Decree -2- ` J September 7, 1990 WHEREAS, the City of San Luis Obispo, a municipal corporation of the State of California ( "City "), owns and operates a wastewater treatment facility located at Prado Road in San Luis Obispo; and, WHEREAS, discharges from the City's wastewater treatment facility into San Luis Obispo Creek are governed by the terms of Order No. 90 -12, National Pollutant Discharge Elimination System ( "NPDES ")Permit No. CA0049224, issued to the City by the Regional Water Quality Control Board, Central. Coast Region ( "Board "), pursuant to Section 13377 of the California Water Code in accordance with Section 402 of the Clean Water Act, 33 U.S.C. sea. 1342. Hereafter any references to NPDES Permit No. CA0049224 shall be deemed to include Order No, 90 -12 and all subsequent modifica- tions thereof; and, WHEREAS, on June 12f-1967, the Board issued Cease and Desist Order No. 87 -113 which established a time schedule for compliance with the effluent limitations and receiving water limitations in NPDES Permit No. CA0049224. On April 130, 1990, the Board amended Order No. 87 -113 with Cease and Desist Order No. 90 -14. Hereafter any references to NPDES Permit No. .CA0049224 shall be deemed to include Cease and Desist Order No. 81 -113 and 90 -14; and, WHEREAS, a complaint for a civil action was brought., . by the plaintiff, State of California (" State ") through the.,Board against the City; and, WHEREAS, the State alleges that the City is in violation of certain effluent limitations and receiving water limitations in NPDES Permit No. CA0049224; and, WHEREAS, the State and the City desire to resolve and settle this controversy without protracted.litigation and expense; and, WHEREAS,, it is the intent of the City to use its best efforts in good faith to achieve and maintain-full compliance with the terms and conditions contained in NPDES Permit No. CA0049224; and, WHEREAS, it is the intent of the parties that this Consent Decree will resolve fully the claims of the State and the United states against the City concerning alleged violations of NPDES Permit No. CA0049224 from the date of its issuance up to and including the date of entry of this Consent Decree. NOW, THEREFORE, upon the pleading and upon consent of the parties thereto, it is hereby ORDERED, ADJUDGED AND DECREED as follows: Consent Decree -3- September 7, 1990 I. JURISDICTION This Court has jurisdiction of the subject matter of this litigation and of the parties consenting hereto for the purpose of entering this Consent Decree. The complaint states a claim upon which relief may be granted against the City pursuant to Sections 13385 and 13386 of the California Water Code. II. APPLICABILITY The provisions of this Consent Decree shall apply to and be binding upon the parties hereto, their respective agents, successors, and assigns. III. COMPLIANCE WITH OTHER LAWS A. This Consent Decree is not and shall not be interpreted to be a permit or waste discharge requirements, or a modification of an existing permit or waste discharge requirements, under Section 402 of the Clean Water Act, 33 U.S.C. Section 1342, or Section 13377 of the California Water Code. Any new permit, or modification of the. existing permit, must be accomplished in accordance with applicable Federal and State laws and regulations. B. This Consent Decree shall not relieve the City of its obligation to comply with the City's . NPDES permit or waste discharge requirements,,, or with. federal or State law. Provided however, that insofar' as this Decree establishes a compliance schedule for a specific effluent limitation or receiving water limitation that is inconsistent with the City's present or future NPDES Permit or waste discharge requirements, with any statute or regulation, or with any administrative order issued to the City, the State'will take no action seeking penalties or seeking a compliance schedule which is inconsistent with those contained in this Consent Decree. It is the intent of the parties that the federal government take no such action and the State also agrees to use its best efforts to ensure that the United States will take no such enforcement action. Consent Decree -4- IV. September 7, 1990 TERTIARY TREATMENT A. The City shall achieve tertiary treatment at its wastewater treatment facility pursuant to the following schedule: 1. COUNCIL APPROVED PLANS AND SPECS AUTHORIZE TO BID AUG. 28, 1990 2. PRINT DOCUMENTS SEPT. 10, 1990 3. ADVERTISE FOR BIDS OCT. 10, 1990 4. RECEIVE BIDS JAN. 31, 1991 5. EVALUATE BIDS MAR. 14, 1991 6. AWARD CONTRACT APR. 18, 1991 7. NOTICE TO PROCEED MAY 16, 1991 8. START CONSTRUCTION JUNE 18, 1991 9. COMPLETE. CONSTRUCTION DEC. 30, 1993 10. BEGIN UNIT STARTUP AND.SHAKEDOWN DEC. 30, 1993 11., UNIT #3 STARTUP COMPLETE -FULL COMPLIANCE OCT. 1, 1994 B. For the purposes of this Consent Decree the term "tertiary treatment-- means compliance with those effluent limitations -contained in NPDES Permit No. CA0049224 for 5 -day biochemical oxygen demand, suspended solids, un- ionized ammonia and toxicity concentration. C. Until the City achieves tertiary treatment, the City shall comply with and, except as provided in Paragraph VI, shall thereafter maintain full compliance with the Interim Effluent Limi.tations.set forth in Appendix A. Consent Decree -5- September 7, 1990 V. RECEIVING WATER, LIMITATIONS 6. A. The City shall achieve compliance with the receiving water limitations at its facility pursuant to the following schedule: 1. ARCHITECTURAL REVIEW COMMISSION OCT 15, 1990 ADVERTISE FOR BIDS SUBMITTAL 17, 1991 9. 2. COMPLETE CONTRACT DOCUMENTS DEC 15, 1990 3. ARC APPROVAL DEC 11, 1990 4. REVIEW BY RWQCB AND SWRCB FEB 15, 1991 5. INCORPORATE COMMENTS ON CONTRACT MAR 15, 1991 START CONSTRUCTION DOCUMENTS 2, 1992 14. 6. COUNCIL APPROVED PLANS & SPECS APR 16, 1991 7. PRINT DOCUMENTS MAY 16, 1991 8. ADVERTISE FOR BIDS MAY 17, 1991 9. RECEIVE BIDS AUG 29, 1991 10. EVALUATE BIDS SEPT 27, 1991. 11. AWARD CONTRACT OCT 25, 1991 12. NOTICE TO PROCEED NOV 22, 1991 . 13. START CONSTRUCTION JAN 2, 1992 14. .COMPLETE CONSTRUCTION DEC 30, 1993 15. BEGIN UNIT STARTUP & SHAKEDOWN DEC 30, 1993 16. UNIT A4 STARTUP COMPLETE -FULL COMPLIANCE OCT 11 1994 . limitations" B. For the purposes of this Consent Decree, shall "receiving water mean the receiving water limitations temperature, color, pH, and turbidity contained for ,MBAS Permit No. CA0049224. in NPDES Consent Decree -6- September 7, 1990 C. Until the City completes the project outlined in V.A. the City shall comply with and, except as provided in Paragraph VI, shall thereafter maintain full compliance with interim limits ir: Appendix B. VI. INTERIM EFFLUENT .LIMITATIONS AND RECEIVING WATER LIMITATIONS A. The interim limitations set forth in Appendices A. and B. may be revised to temporarily permit - increased_ discharges of Pollutants if performance of the facilities at the City's Wastewater Treatment Plant cannot achieve pollutant discharge levels required by this Consent Decree and the NPDES Permit No. CA0049224 because of construction of the improvements required by this Consent Decree. Any such revision shall be effective only during construction of improvements required to comply with this consent decree and shall occur through the following procedures: 1.. City shall notify the Board in writing not less than forty -five (45) days prior to commencing any planned construction activity which the City expects to prevent its treatment facilities from achieving required luntations. If it is not reasonably foreseeable that a construction activity will, prevent treatment facilities from achieving required .limitations, the City may provide notice to the Board no later than thirty (30) days after commencing such construction activity. This notice shall include: a. A description of the specific construction activities; b. A description of the portion of the facilities which these activities will affect and or have - affected and how the activities will interfere or have interfered with the functioning of the facilities; C. The estimated duration of the construction activities which will cause or have caused, increased discharge of pollutants and the proposed effective term of the revisions to the limitations; d. The interim limitation(s) which the City proposes adding to Appendix A or B; and � 1 Consent Decree -7 September 7, 1990 e. A description of alternative measures considered by the City to avoid increased pollution discharge and reasons why these alternatives will not be. undertaken or will not be effective; and f. If notice was provided less than forty -five days prior to undertaking the construction activity, the reasons why the City could not reasonably- foresee that such activities would prevent the wastewater treatment facilities from achieving the required limitations; and g. Any other information reasonably requested by the Board to assist in the review of the City's proposal. 2. The Executive Officer ( "EO ") shall approve or reject the request within twenty -one (21) days of receipt thereof. If the EO fails to - respond to the request within forty -five (45) days, the request shall be deemed to have been approved. No request shall be approved if it results in discharge of untreated sewage to San Luis Obispo Creek, or would cause the death of fish or a substantial amount of aquatic life in San Luis Obispo Creek.. Revisions of effluent limitations or receiving water limitations shall be approved .only -for the period of time actually required to complete the 'specific activities which prevent compliance. 3. If the EO rejects the request, he shall provide the City with an explanation of the bases for the rejection. The parties shall use their best efforts to reach agreement on revisions to Appendices A & B. In the event that the parties are unable to reach agreement within thirty (30) days of receipt by the City of the Board's determination, the parties shall submit the matter to the Court for resolution. The City shall have the burden of proof in the Court proceeding. a B. The interim limitations set forth in Appendices A:& B may be revised to require reduced discharges of pollutants if existing and future facilities at the City's Wastewater Treatment Plant can achieve reduced discharge of pollutants when operating according to standard engineering practices. Any such revision shall occur through the following procedures: 1. The EO may submit a proposal in_wr -iting to the City indicating in detail the improved interim limitations the State believes the City Wastewater Treatment Plant is capable of meeting on a sustained basis, and a statement outlining the basis for proposed interim limitations. No such proposal Consent Decree -8- September 7, 1990 shall be made before December 30, 1993. The proposed interim limitation reduction shall not be more restrictive than the requirements of any applicable NPDES permit or its equivalent in effect at the time. 2. The City shall respond to the proposal within thirty (30 days of receipt. A response may accept the proposal, reject the proposal, or suggest alternative interim limitations. If the City does not respond in writing within sixty (60) days of receipt of the proposal, then it shall be deemed to have accepted the proposal and the proposal shall be treated as incorporated into Appendices A or B. 3. The City and the EO shall use their best efforts to resolve any disputes concerning the proposal. If the parties agree to a modification of the.-interim limitations, the modifications will be submitted to the Court for incorporation into Appendices A or B through a modification of the Consent Decree. 4. If the parties are unable to agree within thirty (30) days of the City's response to the proposal, the parties shall move the Court jointly for resolution of the dispute. The City shall bear the burden of proving it cannot achieve the reduced discharge of Pollutants consistently when the City's facility is oPerated according to standard 'engineering practices. VII. RELEASE Upon entry of this Consent'Decree, the City shall be released of all civil claims of the State for the City's alleged violations of the Clean Water Act, the Porter- Cologne Act, the regulations promulgated thereunder, and NPDES Permit No. CA0049224 that have been or could have been alleged by the State up to and including the date of entry of this Decree. The •City's,performance of all conditions set forth in Paragraphs IV and V of this Decree shall constitute full, and final settlement of all claims arising out of or relating to violations of effluent limitations and receiving water limitations of NPDES Permit No: CA0049224 occurring on or after the date of the entry of this Decree until its termination. This release does not apply to violations of NPDES Permit No. CA0049224, other, than effluent limitations and receiving water limitations, which occur on or after the date of entry of this decree and the State reserves all rights it has to take action against the City for penalties, injunction or other remedies Consent Decree 0 September 7, 1990 provided by law in connection with such violations. This settlement does not include any NPDES violations which the City has failed to disclose to the State. VIII. CIVIL PENALTY The City has paid the sum of One hundred and Forty -nine Thousand Dollars to the Board for the City s alleged violations of NPDES Permit No.. CA0049224, (the ,Clean Water Act, the Porter - Cologne Act, and the regulations promulgated thereunder). IX. STIPULATED PENALTIES A. The City shall pay the following penalties for failure to comply with the Interim Limitations contained in Appendices A & B: Days of non-compliance 7 -30 31 -60 61 -180 Beyond 180 days Penaltv per- day $ 250 500 1,000 3,000 B. The City shall pay the following penalties for failure to comply with the compliance deadlines set forth in Paragraphs IV.A.3. IV.A.7. IV.A.11, and V.A.16: Days of non- compliance 7 -30 31 -60 61 -180 Beyond 180 days Penaltv per da $ 250 500 1,000 3,000 C. For purposes. of this Consent Decree, a single incident which leads to simultaneoiis violations for more than one pollutant parameter shall be treated as a violation for only one pollutant parameter, and a violation of a monthly average limitation shall be deemed a separate violation for each day exceeding the monthly average limitation. y Consent Decree -10- September 7, 1990 D. Should the City fail to achieve compliance with tertiary treatment by October 1, 1994, the City shall incur a penalty of $25,000. E. All penalties due under this Paragraph shall be paid within thirty (30) days of receipt by the City of a letter from the Board demanding payment. Payment shall be made according to the following procedure: 1. The full amount of the penalty shall be paid by check payable to the State Water Resources Control Board. The decision . to demand payment of any stipulated penalty under this Paragraph shall be at the discretion.of the State. A copy of the letter demanding payment shall be submitted to the Court. 2. Should the City contend that a stipulated penalty should not be paid or should be :reduced, the. City may, within thirty (30) days of receipt of the demand for payment move the court for relief. If the City elects not to pay any disputed penalties', and if the City is ultimately determined to be liable for such penalty, the City shall pay interest from the date of receipt of the demand for payment to the date of actual payment. The interest shall be computed daily at the rate provided for interest on money judgments pursuant to California Code of Civil Procedure Section 685.010.. F. Stipulated penalties paid pursuant to this Paragraph shall be in addition to, and shall not preclude the use of, any other remedies or sanctions that may available to the State to enforce this Consent Decree. Not shall the payment of such stipulated penalties be construed so as to relieve the City from specific compl -iance with this Consent Decree or federal or State law. X. FORCE MAJEURE A. If any event occurs that is beyond the reasonable control of the City that may delay the timely completion of any requirement of this Consent Decree, including but not limited to limitations in Appendices A or B, the City shall notify the Board and the Court. in writing within forty -five (45) calendar days of the time that the City becomes aware of the event. The notice shall describe in detail, the nature of the event and the measures taken to_ prevent or minimize the delay. The City will use its best efforts to take Consent Decree -11- September 7, 1990 reasonable measures to avoid or minimize any such delay. Failure by the City to comply with the notice requirements of this Paragraph shall render the provisions of this Paragraph void as to the particular event involved. B. If the Board agrees that the delay was caused by circumstances arising from causes beyond the reasonable control of the City or its contractors, the City will not be subject to any sanction, including stipulated penalties, for any violation of this Consent Decree caused by such delay. Under such circumstances, the parties shall request the Court, and the Court shall modify, the Consent Decree to provide additional time for performance of the requirement. C. If the parties -are unable to agree that a delay has been caused by circumstances beyond the reasonable control of the City or its ..contractors, or, if the parties are unable to agree on a modification of this Consent Decree to provide additional time for performance, the parties shall jointly move the Court to resolve the dispute. In such proceeding, the City shall bear the burden of proving: 1) that the delay is or was caused by circumstances beyond the reasonable control of the City, and 2), that the additional time requested is reasonable to compensate for that event. E. The fact that the parties may have previously stipulated any delay in meeting any other schedule or date as modified by this Consent Decree was caused by circumstances beyond the control of the City, shall not constitute proof that circumstances beyond the control of the City exist or existed for failure to comply with any subsequent compliance date. If the City establishes that any failure to meet a compliance date was due to circumstances beyond its control, such date shall be extended. The City may not, however, be .relieved of the ultimate duty to comply with all requirements of the Clean Water Act, 33 U.S.C. Section 1251 et seq., or the Porter- Cologne Water Quality Control Act, California Water Code Section 13000 et seq. XI. COORDINATOR The State and the City will each designate a single coordinator and an alternate who will be responsible for directing all documents related to this Consent Decree to-'the proper person for processing and who will track the progress of items in this decree. .The coordinators shall inform all parties and the Court as to their names, addresses, and telephone numbers within sixty (60) days of the entry of this Decree. Consent Decree -12- 1 September 7, 1990 XII. RIGHT OF ENTRY Any designated representative or contractor of the State may, upon presentation of credentials, enter upon the premises of the facility owned, operated and controlled by the City for the purposes of monitoring compliance with the provisions of the Consent Decree. This right of entry shall be in addition to State's right of entry under applicable law. All inspections and monitoring by representatives or contractors of the State shall be reasonable and shall be conducted in a manner that will not interfere with the safety or operation of the facilities. XIII. SUBMISSION OF DOCUMENTS The City agrees to submit such further information to the Board.as may be reasonably required in order to ensure compliance with the terms of this Consent Decree. XIV. FUNDING A. Nothing in this Consent Decree shall limit or otherwise affect the City's ranking,, qualification or ability .to.obtain funding for the construction of facilities required .pursuant, to this Consent Decree from the State or Federal Governments. B. The construction schedules and obligations in Paragraphs IV. and V. herein are calculated on the basis of timely receipt by the City of a written loan commitment from the State in. response to the City's pending loan. application for the construction of receiving water facilities. If such,, loan commitment is not received by February 15, 1991 for the construction of receiving water facilities, the parties agree to renegotiate the schedules and obligations for receiving water facilities to reflect the actual date of the City's receipt of such loan commitments or other construction financing. XV. RETENTION OF JURISDICTION This Court shall "retain jurisdiction over this .matter as may be necessary or appropriate for the construction or execution of this Consent Decree. In the event a dispute arises between the City and the State regarding compliance with or interpretation of r Consent Decree -13- September 7,.1990 any requirement or provision contained in this Consent Decree, either party may file a petition with this Court for resolution of such dispute after making a good faith attempt to resolve the dispute through negotiations. XVI. COSTS Each party shall bear its own costs and disbursements in this action. XVII. NO WAIVER Unless otherwise specified herein, any failure or delay by the Board to enforce a violation of. any provision of this Consent Decree shall not be deemed a waiver of the Board s right to seek stipulated penalties or otherwise enforce the requirements of this Consent Decree. XVIII. AMENDMENTS This Consent Decree may be amended for reasons other than those set forth in previous sections when: the parties agree; such amendments do not violate the - intent of this Consent Decree; public notice procedures are followed; and the parties move the Court jointly for amendment. XIV. TERMINATION This Consent Decree shall expire after all parties hereto have certified and the Court has determined that the City has complied with the terms of this Decree. Upon expiration of this Decree, this action shall be dismissed with prejudice. Consent Decree -14- September 7, 1990 P1 9Z unin, Mayor Dat City of San Luis Obispo o /T 0 William R. Leonard, Executive Officer Date on behalf of the Regional Water Quality Control Board DATED AND ENTERED THIS day of , 1990-' Judge of Superior Court of San Luis Obispo Consent Decree -15- September 7, 1990 APPENDIX A CITY OF SAN LUIS OBISPO INTERIM EFFLUENT LIMITATIONS The city shall continue to comply with all effluent limitations in NPDES Permit No. CA0049224 except effluent limitations for BOD, Suspended Solids, Un- ionized Ammonia, Toxicity Concentration, Settleable Solids, Turbidity, and Grease and Oil. The City shall achieve compliance with the following effluent limitations for discharge to, San Luis Obispo Creek from the City of San Luis Obispo Wastewater Treatment plant: Bi- Monthly Monthly Weekly Unit of (60 -Day) (30 -Day) (7 -Day) Daily Constituent Measure. Average Average Average Maxim BOD, 5 -Day mg /l 25 35 60 80 lbs /day* 1065 1490 2550 3400 kg /day* 485 680 1160 1540 Suspended Solids mg /l __ 2.0 25 40 80 lbs /day* 835 10.60 2550 3400 kg /day* 400 480 1160 1540 Settleable Solids ml /1 N/A 0.1 N/A 0.3 Turbidity NTU 10 15 30 Grease and Oil mg /l N/A 15 N/A 25 lbs /day* N/A 640 N/A 1060 kg /day* N/A 290 N/A 490 *For flows less than 5.10 MGD, mass emission rates shall not exceed the "Maximum Allowable Mass Emission Rate ". Consent Decree -16- September 7, 1990 APPENDIX B CITY OF SAN LUIS OBISPO INTERIM RECEIVING WATER.LIMITATION r The City shall continue to comply with all receiving water limitations in NPDES Permit No. CA004922.4 except receiving water limitations for temperature, color, turbidity,.MBAS, foam, and pH. The City shall comply with the following receiving water limitations in San Luis Obispo Creek: PH 6.0 -9.O with no change more than 1.0 "units. No interim limit for temperature, color, turbidity, MBAs, or foam. sm26:Decree..slo G� v RESOLUTION NO. 6868 (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP FOR TRACT 1823 LOCATED AT 591 HIGHLAND DRIVE (Cleeves and Gillespie, Subdividers) WHEREAS, the City Council made certain findings concerning Tract No. 1823 as contained in Resolution No. 6703 (1989 Series), and WHEREAS, there are no special conditions required per said resolution other than standard code requirements being completed under current building permits, and WHEREAS, the final map is in substantial conformance with the approved tentative map. NOW THEREFORE BE IT RESOLVED that the final map is hereby approved and the Mayor is authorized to execute the subdivision agreement. On motion of Councilwoman Rappa , seconded by Councilman Roalman and on the following roll call vote: AYES: Councilmembers Rappa, Roalman, Pinard, Reiss, and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 18th day of September 1990. ro P �YOR Ron Dunin ATTEST: CITY 4ERK Pam . 96s DLO G n Resolution No. 6868 (1990 Series) Page Two. APPROVED: it, A ministrative Officer City ngineer jk7/H823 -fin by E RESOLUTION NO. 6867 (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE TENTATIVE MAP FOR TRACT 2017, CREATING EIGHT SMALL LOTS AND ONE COMMON LOT, ON DANA STREET, NEAR ITS INTERSECTION WITH NIPOMO STREET (TR 2017) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration of public testimony, the subdivision request TR 2017, the Planning Commission's action, staff recommendations and reports thereon, makes the following findings: 1. The design of the tentative map and proposed improvements will not adversely affect the health, safety, or welfare of persons living or working in the vicinity. 2. The design of the tentative map and proposed improvements are consistent with the general plan. 3. The design of the tentative map and the proposed improvements are not likely to cause serious health problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 4. The design of the subdivision or the type of improvements will not conflict with easements for access through (or usei 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, with mitigation. 6. Compliance with the private open space standard for unit E (lot 5) would not be practical because of the location and site design. 7. An exception to allow a portion of the private open space for unit E (lot 5) to be narrower than the standards require will not constitute a grant of special privilege. 8. No feasible alternative to authorizing the exception to private open space width for unit E (lot 5) would satisfy the intent of city policies and regulations. R 6867 Resolution no. 6867 (1990 Series) Page 2 SECTION 2. The tentative map for Tract 2017 is approved subject to the following conditions: 1. The subdivider shall submit a final map to the city for review, approval,.and recordation. 2. No occupancy shall be granted prior to recordation of the final map, or the condominium conversion process must be followed. 3. The subdivider shall prepare conditions, covenants, and restrictions (CC &R's) to be approved by the City Attorney and Community Development Director prior to final map approval. The CC &R's shall contain the following provisions: a. Creation of a homeowners' association to enforce the CC &R's and provide for professional, perpetual maintenance of all common areas including private driveways, utilities, drainage, parking lot area, walls and fences, lighting, laundry facilities, and landscaping in a first class condition. b. Grant to the city the right to maintain common area if the homeowners' association fails to perform, and to assess the homeowners' association for expenses incurred and the right of the city to inspect the site at mutually, agreed times to assure conditions of CC &R's and final map are met. C. No parking except in approved, designated areas. d. Grant to the city the right to tow away vehicles on a complaint basis which are parked in unauthorized places. e. Prohibition of storage or other uses which would conflict with the use of garages and uncovered parking spaces for parking purposes. f. No outdoor storage of boats, campers, motorhomes, or trailers nor long -term storage of inoperable vehicles. g. No outdoor storage by individual units except in designated storage areas. h. No change in city - required provisions of the CC &R's without prior City Council approval. Resolution no. 6867 (1990 Series) Page 3 i. 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 officers of the association. 4. Lot 9 (common lot) shall contain a blanket public utilities easement and creek access easement, to the satisfaction of the City Engineer. 5. The easterly driveway shall be widened to 201 , to the satisfaction of the Fire Department. 6. An exception to the private open space width requirement for lot 5 is hereby granted. On motion of Councilman Roalman , seconded by Cnnnri lwoman Rapper , and on the following roll call vote: AYES: Councilmembers Roalman, Rappa, Reiss, and Mayor Dunin NOES: None ABSENT: Councilwoman Pinard the foregoing resolution was passed and adopted this 4th day of September , 1990. Ron Dunin ATTEST: V City C1 rk Pam Voge ft c� Resolution no. 6867 Page 4 APPROVED: ty Adm'nistrative Officer (1990 Series) (&4 QVrtQ&4 3 �) i torn y Community Devkljopment Director G 1 =10 M min ---.000 04. ( r v� 7,0 oIf 10 Dl M- dg® O 1 IIN17-5 R.siolm leolL O ? /0.�P O —P�D I A 101 0 C' RESOLUTION NO. 6866 (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR MINOR SUBDIVISION NO. 90 -127 LOCATED AT 1815 SYDNEY STREET 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. 90 -127, 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 type and density of development allowed in the R -1 zone. 3. The design of the subdivision and the proposed improvements are not likely to cause serious health problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 4. The design, of the subdivision or the type of improvement will not conflict with 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 mitigated negative declaration. The mitigation measures are incorporated in the conditions of approval for the tentative map by reference. SECTION 2. Exceptions. Density of 2.1 lots per net acre where one lot per acre is allowed; 0 -foot frontage for Lot 1 where 40 -foot frontage is required. (Note: Applies only if street dedication is waived). Grading of 30% of the site area where grading of only 10% is allowed. R 6866 Resolution No. MS 90 -127 Page 2 6866 (1990 Series) 0 Findings for Exceptions 1. The topography of the property to be subdivided is such that it is undesirable to comply with the strict application of the Subdivision Regulations. 2. The cost to the subdivider is not the sole reason for the exceptions. 3. The requested exceptions will not be detrimental to the public health, safety, or welfare, or be injurious to other properties in the vicinity. 4. Granting the exceptions requested is consistent with the intent of the Subdivision Regulations, and is consistent with the general plan. 5. The exception to the Grading Regulations is. subject to conditions of approval which assure that the it does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the same vicinity. 6. Due to special circumstances which apply to the property, including its topography, location and surroundings, the strict literal application of the Grading Regulations would deprive the subject property of privileges enjoyed by other properties in the vicinity . 7. The grading exception is consistent with the intent of the Grading Regulations as set out in Section 15.44.020 of the Municipal Code. SECTION 3. Conditions. That the approval of the tentative map for Minor Subdivision No. 89 -135 be subject to the following conditions: 1. The subdivider shall submit a final map to the Community Development Director for approval and recordation. Resolution MS 90 -127 Page 3 No. 6866 (1990 Series) 2. The subdivder shall comply with the following mitigation measures required under application ER 10 -90: a. At the time of development, the driveway for Lot 2 shall be constructed to city standards to provide a fire truck turnaround. b. A separate water allocation for compensatory landscaping shall be obtained prior to issuance of any grading permit, if water allocation regulations are still in effect at that time. C. Grading shall be approved by a soils engineer or certified geologist. d. Compensatory planting Of willows or other suitable riparian landscaping shall be provided at a ratio of 1.5:1 to mitigate effects of disturbing areas currently occupied by such growth. 3. The subdivider shall dedicate to the city an open space easement over that portion of the site above the 460 -foot elevation. The easement shall be shown on the final map, and recorded concurrently with the final map in a form approved by the Community Development Director. The easement shall prohibit solid fencing, structures, and grading; and shall provide for maintenance of the area.in a substantially natural condition. 4. The subdivider shall dedicate to the city a creek drainage and maintenance easement, to the approval of the City Engineer. All new culverts, inlets, etc., within the easement and /or new right -of -way shall be constructed, and existing drainage improvements shall be modified if necessary, to the approval of the City Engineer. On motion of Councilwoman Rappa seconded by Mayor Dunin and on the following roll call vote: Resolution No. 6866 MS 90 -127 Page 4 (1990 Series) u AYES: Councilwoman Rappa, Mayor Dunin, and Councilman Reiss NOES: Councilman Roalman ABSENT: Councilwoman Pinard the foregoing resolution was passed and adopted this 4th day of September , 1990. ayor Ron Dunin ATTEST: City lerk, Pam Vctes APPROVED: U. Community Dev'elopl►eInt Director 0 G o RESOLUTION NO. 6865 (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL OF THE PLANNING COMMISSION'S ACTION DENYING A USE PERMIT FOR A NEW HOUSE ON A SENSITIVE SITE AT 367 HILL STREET, (U 1463). BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council; after consideration of public testimony, the appellants' plans and applications for a use permit to allow a two- story, 4500 square foot house at 367 Hill Street, (U 1463) the appellants' statements, the Planning Commission's action, and staff recommendations and reports thereon, hereby upholds the appeal and makes the following findings: 1. The proposed project conforms to Zoning Regulations and Hillside Planning Standards and will be compatible with adjacent residences and with the neighborhood in terms of architectural scale, massing, and design; 2. The proposed project is consistent with its environmental setting in that it .includes the following features to minimize its visual impact: A. Site and building plans are designed to take advantage of existing driveway location and previously graded areas to minimize site disturbance. B. Grading for the proposed house has been designed to minimize the need for prominent stem walls or tall retaining walls. C. The proposed house is setback at least 51 feet from Hill Street, and approximately 60 feet from the nearest adjacent house.i D. The applicant intents to�grant an irrevocable offer to dedicate an open space easement over approximately one -half of the lots' total area to preserve the upper hillside area in its natural state. 3. Based on the. City's Environmental Guidelines and the California Environmental Quality Act, the project is categorically exempt from environmental review, CEQA Section 15303. 4. The proposed use will not adversely affect the health, safety and welfare of persons living or working on the site or in the vicinity. 5. The proposed use is appropriate at the proposed location and will be compatible with surrounding land uses. SECTION 2. Project Approval. Use Permit U1463, allowing a two -story house at 367 Hill Street is .hereby approved subject the following conditions: 1. The site is considered a sensitive site, and the project shall require Architectural Review Commission approval. 2. Applicant shall grant to the City an irrevocable offer of dedication for an open space easement on that portion of the lot above the 320 -foot contour elevation, to the approval of the Community Development Director. 3. Applicant shall install building sprinklers and a dry standpipe for fire protection, to the approval of the Public Works Department and the Fire Marshal. 4. Applicant shall submit, with any subsequent construction permit application, an engineering geology report prepared by a registered engineer licensed by the State of California to provide such services. Grading, drainage, and building plans shall strictly conform to the requirements of the engineering geology report, to the approval of the Chief Building Official. 5. Drought- tolerant landscaping shall be used which is visually compatible with the hillside and which screens the retaining walls and house foundation, to the approval of the Community Development Director. On motion Of Councilman Reiss seconded by Councilwoman Rappa , and on the following roll call vote: AYES: Councilmembers Reiss, Rappa, and Mayor Dunin NOES: Councilman Roalman ABSENT: Councilwoman Pinard the foregoing resolution was passed and adopted this 4th day Of September , 1990. c o ATTEST: V Pam Voge City Clerk APPROVED: RESOLUTION NO. 6484 (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF VESTING TENTATIVE TRACT NO. 1360 LOCATED AT 4400 POINSETTIA STREET 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 vesting tentative map of Tract 1360 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: The design of the tentative map and proposed improvements are consistent with the general plan and specific plan for the Edna Islay area. 2. The site is physically suited for the type and density of development allowed in an R -1 -SP zone. 3. The design of the subdivision and the proposed improvements are not likely to cause serious health problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 4. The design of the subdivision or the type of improvement will not conflict with easements for access through (or use of property within) the proposed subdivision. 5. The Community Development Director has determined that the proposed subdivision is substantially in compliance with the Edna Islay Specific Plan and that an environmental impact report was certified for the specific plan, and no further environmental study is needed. SECTION 2. Conditions. That the approval of the vesting tentative map for Tract 1360 be subject to the following conditions: 1. Multiple final maps may be filed. 2. Development of the subdivision must be in accordance with the Edna -Islay Specific Plan. 3. Fire protection facilities required by the fire department are to be installed by the developer. Such facilities, including all access roads, shall be installed and made serviceable prior to and during the time of building construction. 4. All structures will require an approved, automatic fire - sprinkler system, to the satisfaction of the Fire Department. 5. Recontoured banks of the creek will be rcvegetated with indigenous plant species that are drought resistant, require minimal maintenance and that are suitable for wildlife in the area. R64 84 Resolution No. 6484 (1988 Series) Tract 1360 Page 2 6. Bicycle /pedestrian paths shall be designed in accordance with the. Edna -Islay Specific Plan, to the approval of the Community Development Director. 7. Access points to the creek shall be located and improved to the satisfaction of the Community Development Director and City Engineer. 8. A creek protection and restoration plan must be submitted to the approval of the City Engineer and Community Development Director, along with improvement plans. Such plan must show improvements to the creek extending from the bicycle /pedestrian path (where it is proposed) to 20' beyond the top of bank on the opposite side, including all landscaping and erosion protection methods. 9. The edge of the bicycle /pedestrian path closest to the creek shall be set back at least fifteen feet from the top of bank, except for areas within 120 feet of the Poinsettia Street right -of -way and where the path enters the creek to go under the railroad. In those places where the path is nearer than fifteen feet, dense vegetation shall be planted between the path and the creek. 10. The creek crossing method must be within the guidelines established in the Flood Prevention Policy adopted by the city, unless an alternative is specifically approved by the council. 11. Access to the creek will be provided to the satisfaction of the Community Development Department, Improvements to allow access shall be shown on the creek protection and restoration plan. 12. Detention basins shall be unfenced and maintained_ by the tract homeowner's association. A maintenance schedule and reporting procedure shall be submitted to the City Engineer for review and approval. The schedule shall include periodic reports to the city on the condition of the basin. 13. The neighborhood park shall be completed in phases, as described in the Edna -Islay Specific Plan and approved as part of Tract 1235. The subdivider shall record a lien or alternative approved by the Community Development Department, equal to $750 per unit for park improvements, to become due and payable to a special fund„ maintained by the city, upon transfer of the lots or dwelling units. 14. All street lights must be spaced less than 200' to 250' apart, per city standards, to the satisfaction of the City Engineer. 15. Water acreage fees and sewer lift station charges are required to be paid prior to recordation of the Final Map. 16. All lots must be served by individual water, sewer, and utilities. 17. All public improvements must comply with city standards and are subject to modifications to the satisfaction of the City Engineer. Resolution No. 6484 (1988 Series) Tract 1360 Page 3 18. Final plans must provide for drainage between Wisteria and Lily and also between Tulip and Yarrow to the satisfaction of the City Engineer. 19. Final map must indicate the existing flood zone per the Flood Insurance Rate Map. All residences in the flood zone must have finished pads a minimum of one foot above the 100 year storm elevation. Flood map amendment must be processed with FEMA by developer's engineer to eliminate. flood insurance requirements for those lots adjacent to the channel. 20. Subdivider must submit plans and calculations that specifically address the effects of all proposed grading within the flood zone. Plans must indicate any impacts during a 100 -year storm to the satisfaction of the City Engineer, Department of Fish and Game, and the Corps of Engineers. 21. The detention basin must be designed per standard established by the .Edna -Islay Specific Plan and to the satisfaction of the City Engineer. Detention basin must be protected against erosion from the adjacent creek. 22. All lots must drain to the street or as approved by the City Engineer. 23. The emergency access road must be constructed with an all- weather surface to the satisfaction of the City Engineer and Fire Department. This road must extend to the creek and southeasterly tract boundary; or other access must be provided for maintenance of the creek area, to the satisfaction of Public Works and Community Development Departments.. 24. A Public Utility Easement must be provided for in the buffer area adjacent to lot 40 for the possible future extension of public utilities, sewer, and water. 25. All residential water services must be sized to accommodate fire sprinklers to the satisfaction of the Fire Department. 26. The developer must dedicate a l -foot vehicular non - access strip at the. southerly end of Goldenrod Lane, to the satisfaction of the City Engineer, and install a standard city barricade in this location. 27. Phasing of this tract and utilities may require off -site utility extensions within subsequent phases, to the satisfaction of the City Engineer. 28. The subdivider shall inform future lot buyers of the possibility of building permit delay based on the city's water shortage: Such notification shall be made a part of the recorded documentation for each lot. 29. The subdivider shall number all lots in the tract consistent with city_ - approved addressing plan. Resolution No. 6484" (1988 Series) ' Tract '1360 Page 4 30. Grading plans must note that if grading or other operat ions unearth archeological resources, construction activities shall cease. The Community Development Director shall be notified of the extent and location of discovered materials so that they may be recorded by a qualified archeologist. Disposition of artifacts shall comply with state and federal laws. 31. The subdivider shall establish covenants, conditions, and restrictions for the regulation of land use control of nuisances and architectural control of all buildings and facilities. These •CC &R's shall be approved by the Community Development Department and administered by the homeowner's association. The subdivider shall include the following provisions in the CC &R's for the Tract: a• Maintenance of linear parks, railroad buffer areas, and all storm water detention basins shall be by the homeowners Edna 'slay Specific Plan. ' association in conformance with the b• There shall be no change in city- regulated provisions of the CC &R's without prior approval of the Community Development Department. 32. The subdivider shall provide for street furniture and signs for transit systems, to the satisfaction of the Mass Transit Committee. On motion of Councilwoman Pinard ,seconded by Councilman Reiss and on the following roll call vote: AYES: Councilmembers Pinard, Reiss, Rappa, Settle and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 16th day of August 1988: Mayor Ron unin AT i Citx Clerk Pa vo g es i Resolution No. 6484 (1988-Series) Tract 1360 Page 2 APPROVED: y Ad pinistrative Officer City AttoAcy COmmlln0' Development Director � � � O �- ��' RESOLUTION NO. 6864 (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A ONE -YEAR TIME EXTENSION FOR FILING THE FINAL MAP FOR PHASE THREE OF TRACT 1360, CREATING 47 RESIDENTIAL LOTS AT THE SOUTHERLY END OF POINSETTIA STREET (TR 1360) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration of public testimony, the subdivision extension request TR 1360, staff recommendations and reports thereon, makes the following finding: 1. The time extension request will not adversely affect the health, safety, or welfare of persons living or working in the vicinity. SECTION 2. The time extension for tentative map Tract 1360 is approved subject to the following conditions: 1. The final map shall be prepared and improvements constructed and installed in compliance with city requirements in effect at the time this time extension is approved. 2. The tentative map is approved subject to all conditions in the original resolution, adopted August 16, 1988, and attached to the resolution as exhibit A. On motion of Councilman Reiss , seconded by Councilman Roalman , and on the following roll call vote: AYES: Councilmembers Reiss, Roalman, Rappa, and Mayor Dunin NOES: None ABSENT: Councilwoman Pinard the foregoing resolution was passed and adopted this 4th day " of September 1 1990. R 6864 Resolution no. 6864 (1990 Series) Tract 1360 time extension Page 2 ATTEST: Q-U� Ult City erk Pam Vogt APPROVED: City inistrative Officer G RESOLUTION NO. 6863 (1990 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING AN APPLICATION FOR AN UMTA SECTION 18 DISCRETIONARY GRANT TO PURCHASE TWO TRANSIT COACHES BE IT RESOLVED by the Council of the City of San Luis Obispo; Section 1: To authorize the application for as UMTA Section 18 Grant to purchase two transit coaches. Section 2: To authorize the City Administrative Officer or his designee to sign all documents pertinent to the application., Section 3: To appoint the City Adm inistrative Officer or his designee as the agent of the City of San Luis Obispo to conduct all negotiations, execute and submit all documents pursuant to the City's Purchasing Manual. All original documents including, but not limited to, the applications, agreements and amendments are to be retained in the office of the City Clerk. Section 4: The City Clerk is hereby directed to furnish an executed copy of this resolution for attachment to approved . application and other supporting materials as may be required for forwarding to: Cal Trans, Department of Transportation District 5, 50 Higuera Street San Luis Obispo, CA 93403 Cal Trans, Division of Mass Transportation 1120 N Street Sacramento, CA 95811 NOW, THEREFORE BE IT RESOLVED that authorizing an application for an UMTA Section 18 Discretionary Grant to purchase two transit coaches is hereby approved. On motion of Councilman Reiss , seconded by Councilman Roalman and on the following roll call vote: AYES: Councilmembers Reiss, Roalman, Rappa; and_Mayor Dunin. NOES: None ABSENT: Councilwoman Pinard R 6863 Resolution No. 686$_ (1990 Series) Page Two ' J the foregoing resolution was passed and adopted this 4rh day of SeBrember 1 1990. r-mayo'rgon Dunin ATTEST: U��r city Pam V oer s APPROVED: City A inistrative Officer hw \agendare 0 c �1 RESOLUTION NO. 6862 (1990 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING AN APPLICATION FOR UMTA SECTION 18 APPORTIONMENT GRANT FOR THE ACQUISITION OF A BACK -UP TROLLEY VEHICLE WHEREAS, the City Council of the City of San Luis Obispo wishes: 1. To authorize the application for UMTA Section 18 Apportionment Grant for the potential acquisition of a back -up trolley vehicle. 2. To authorize the City Administrative Officer or his designee to sign all documents pertinent to the application. 3. To appoint the City Administrative Officer or his designee as the agent of the City of San Luis Obispo to conduct all negotiations, execute, and submit all documents pursuant to the City's Purchasing Manual, all original documents including, but not limited to, the applications, agreements and amendments are to be retained in the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED, that the authorizing and application for an UMTA Section 18 Apportionment Grant for the acquisition of the back -up trolley vehicle is hereby approved. The City Clerk is hereby directed to furnish and execute a copy of this resolution for attachment to approved application and other supporting materials as may be required and forward to San Luis Obispo Area Coordinating Council, County Government Center, San Luis Obispo, CA 93408, Attention: Ron DeCarli. R 6862 Resolution No. 6862 Page Two Upon motion of Councilman Roalman (1990 Series) Councilman Reiss seconded by and on the following roll call vote: AYES: Councilmembers Reiss, Roalman, Rappa, and Mayor Dunin NOES: None ABSENT: Councilwoman Pinard the foregoing resolution was adopted this 4th day of September. 1990. Mayor Ron Dunin ATTEST: ( , V Pam Vo es, City C rk APPROVED: hw \umta i 0 J RESOLUTION NO. 6861 (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP AND ACCEPTING PUBLIC IMPROVEMENTS FOR TRACT NO. 1672 LOCATED AT 3450 BULLOCK LANE (Weatherwoods, Inc. - Subdivider) WHEREAS, the City Council made certain findings concerning Tract No. 1672 as contained in Resolution No. 6627 (1989 Series), and WHEREAS, all conditions required per said resolution have been met or are guaranteed by Letters of Credit on file, -and the final map is in substantial conformity with the approved tentative map, and WHEREAS, all public improvements have been constructed to City standards and specifications, and a guarantee (Letter of Credit) in the amount of $20,000 has been received to warranty the improvements for one (1) year per the Subdivision Agreement, NOW THEREFORE BE IT RESOLVED that the final map for Tract No. 1672 is hereby approved and the public improvements are hereby accepted by the City for maintenance. The Mayor is authorized to execute the Subdivision Agreement. On motion of Councilman Reiss , seconded by Councilman Roalman , and on the following roll call vote: AYES: Councilmembers Reiss, Roalman, Rappa, and Mayor Dunin NOES: None ABSENT: Councilwoman Pinard the foregoing Resolution was passed and adopted this September, 1990. MAYOR RON DUNIN ATTE �,...� V CIT)A CLERK PAM 60GES 4th day of R ARA1 G Resolution No. 6861 (1990 Series) Page Two. APPROVED: City A inistrative Officer jkl /tl672 -fin by '0.010 1 C f� STANDARD SUBDIVISION THIS AGREEMENT is dated this 4rh day of-"Sept.-_1990... by and between Donald R. Hubbard & Marlaine S. Hubbard, Thomas R. Patterson & Paula E. Patterson, herein referred to as "Subdivider," and the CITY OF SAN LUIS OBISPO, herein referred to as the "City." RECITALS REFERENCE IS HEREBY MADE to that certain proposed subdivision of real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, a description of which is shown on final map of Tract 1672, City of San Luis Obispo, California, as approved by the City Council on the 4th day of September 1990 The Subdivider desires that said Tract 1672 be accepted and approved as a final map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 17 of the San Luis Obispo Municipal Cod),and It is a condition of said regulations that the Subdivider agree to install the improvements as set forth on the plans therefore. TERMS AND CONDITIONS: In consideration of the foregoing, the Subdivider does hereby agree to construct and install the following subdivision improvements in accordance with said subdivision regulations, and in accordance with approved plans and specifications on file in the office of the City Engineer, City of San Luis Obispo, to wit: 1. CURB, GUTTERS AND SIDEWALKS 2. STREET BASE AND SURFACING 3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line and water services to the curb stop. 4. DRAINAGE STRUCTURES 1 5. ORNAMENTAL METAL ELECTROLIERS 6. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to the inspection and approval of such facilities by the city, each public utility shall be required to file a letter stating that the developer has properly installed all facilities to be provided by him, and that the said utility is prepared to provide service to residents upon request. 7. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by City regulations. All of the above facilities shall be installed in the locations designated and to the plans and specifications on file and approved by said City Engineer. The lines and grades for all of said improvements shall be established by the Subdivider in accordance with said approved plans and specifications. The Subdivider agrees that the work of installing the above improvements shall begin within thirty (30) days from the date of recording of the final map, and that the work shall be completed within eighteen (18) months of said recording date, unless an extension has been granted by the City, provided that if completion of said work is delayed by acts of God (including drought) or labor- disputes resulting in strike action; the Subdivider shall have an additional period of time equivalent to such period of delay in which to complete such work. Any extension of time hereunder shall not operate to release the surety on the Improvement Security filed pursuant to this agreement. In this connection, the surety waives the provisions of Section 2819 of the Civil Code of the State of California. No building permits will be issued nor occupancy granted after the expiration date of the agreement until completion and acceptance of all public improvements unless specifically approved by the City. 2 The Subdivider does also agree to comply with the conditions established by the Planning Commission and /or the City Council and has paid the necessary fees as indicated on the attached Exhibits 1 and 2. The restoration of lost section corners and retracement of section lines within the Subdivision shall be in accordance with Division 4, Chapter 15 of the Land Surveyors Act of the Professions and Vocations Code of the State of California, paragraph 8771 et seq. The Subdivider attaches hereto, as an integral part hereof, and as security for the performance of this agreement, an instrument of credit or bond approved by and in favor of the City of San Luis Obispo, and conditional upon the faithful performance of this agreement. Said instruments of credit or bonds is in the total amount of $16,500.00, which is the amount of the estimated cost of said uncompleted improvements. Subdivider agrees to remedy any defects in the improvements arising from faulty workmanship or materials or defective construction of said improvements occurring within twelve (12) months after acceptance thereof. In accordance with Sections 66499.7 and 66499.9 of the Government Code of the State of California, upon final completion and acceptance of the work, the subdivider has posted an instrument of credit in the amount of $20,000.00 (10% of the total cost of improvements), that amount being deemed sufficient to guarantee faithful performance by the Subdivider of his obligation to remedy any defects in the improvements arising within a period of one year following the completion and acceptance thereof. Completion of the work shall be deemed to have occurred on the date which the City Council shall, by resolution duly passed and adopted, accept said improvements according to said plans and specifications, and 3 Any approved modifications thereto. Neither periodic nor progress inspections or approvals shall bind the City to accept said improvements or waive any defects in the same or any breach of this agreement. If the Subdivider fails to complete the work within the prescribed time, the Subdivider agrees that City may, at its option, declare the instrument of credit or bond which has been posted by Subdivider to guarantee faithful performance, forfeited and utilize the proceeds to complete said improvements, or city may complete said improvements and recover the full cost and expense thereof from the Subdivider or his surety. The Subdivider agrees to deposit with the City a labor and materials bond in the amount of 50% of the above described subdivision improvements in accordance with State law. Said Subdivider has deposited with the City the sum of $5,800.00 from which deposit the City will pay the salary and expenses of an inspector or inspectors to inspect installation of said subdivision improvements and certify that they have been completed in accordance with the plans and specifications. Any unexpended monies will be returned to the Subdivider. In the event the inspection fees exceed the sum of $5,800.00, the difference is to be paid by the Subdivider. The City reserves the sole discretion in determining the amounts to be paid for salary and expenses of said inspector or inspectors. Title 16 of the San Luis Obispo Municipal Code, entitled "Subdivision," all plans and specifications on file with said City Engineer as a part of said Subdivision Map, and all other documents filed with the City by the Subdivider and approved by the City Engineer 4 are hereby referred to for further particulars in interpreting and defining the obligations of the Subdivider under this agreement. It is understood and agreed by and between the Subdivider and the City hereto that this agreement shall bind the heirs, executors, administrators, successors and assigns of the respective Parties to this agreement. It is agreed that the Subdivider will furnish copies of the successful bidder's contract unit prices and total bid prices for all of the improvements herein referred to. IN WITNESS WHEREOF, this agreement has been executed by: CITY OF LIIIS OBISPO SIIBD VID R 45MAYOR RON DUNIN Donald R. Hubbard Marlaine S. Hubbard ATTES U, CITY CLERK PAM v S Thomas R. Patterson APPROVED AS TO FORM: I� 46� Paula E. Patterson �I ti 9ttorhej / e� City gigineer sub- agr /t1672 by 5 EXHIBIT 1 TRACT 1672 SUBDIVISION AGREEMENT c 1. The Subdivider has paid water acreage fees of $3,964.74 (2.028 Ac x $1955.00)/Ac) and water frontage fees of $4,077.75 (208.58 front ft. x $1955/ff). 2. The Subdivider has paid a park -in -lieu fee of $43,989.00. 3. The Subdivider has paid sewer lift station fee for the Rockview /Tank Farm system of $800.34 (2.028 acres x 3 x 131.55). 4. The Subdivider shall pave common driveways on all lots as shown on the approved plans. The Subdivider has posted surety in the amount of $6,500.00 to guarantee this driveway installation. 5. The Subdivider shall install a 6 -foot high fence along the back of lots 1, 41 51 6, and 7 per Condition 8 of Resolution 6627 (1989 Series) to the approval of the Community Development Department and Public Works Department. 6. The Subdivider shall install landscaping on the creek portion of Lot 11 per the approved plans to the approval of the Community Development Department and the Public Works Department. The Subdivider has posted surety in the amount of $10,000.00 to guarantee installation of this landscaping. The Subdivider agrees to postpone planting of the landscaping until notification by the City that the drought is over. An extension of time to complete this work will be granted by City depending on the status of the drought and water supply, and extension of the surety. sub- agr /t1672 by 7 N "Bonds° -Improvements: 1. Faithful Performance* EXHIBIT 2 TRACT 1672 FEE AND BOND LIST PRELIMINARY DRAFT Amount FEES TO BE PAID 852,831.81 PRIOR TO FINAL MAP: Assuming fence and monuments installed prior to final map. Future Fees: Sewer fees with building permits per new ordinance. *Assuming fence installed prior to map approval. * *Assuming monuments installed prior to map approval. E IN Form /Surety Letter of credit Account Number 681 - 9210- 220 -130 050- 0017- 071 -020 050 -0017- 071 -020 052- 0017- 074 -030 Received 2/5/90 Paid 8/9/89 12/5/89 8 2/5/90 Landscaping $10,000.00 Driveways S 6,500.00 2. Labor 8 Materials Landscaping S 5,000.00 Drives $ 3,250.00 Erosion Control 510,000.00 3. Monumentation Trust Depos.itN /A ** S - 0 - 4. Warranty Deposit $20,000.00 Fees 1. Construction Inspection Dep. S 5,800.00 Added to existing Fund 694 2. Water Acreage Fee S 3,964.74 (81955/AC x 2.028 AC) Water frontage fee $ 4,077.73 ($19.55 x 208.58) 3. Sewer Lift Station Fee S 800.34 2.028 Acx3x 131.55 4. Park -in -lieu fee $43,989.00 FEES TO BE PAID 852,831.81 PRIOR TO FINAL MAP: Assuming fence and monuments installed prior to final map. Future Fees: Sewer fees with building permits per new ordinance. *Assuming fence installed prior to map approval. * *Assuming monuments installed prior to map approval. E IN Form /Surety Letter of credit Account Number 681 - 9210- 220 -130 050- 0017- 071 -020 050 -0017- 071 -020 052- 0017- 074 -030 Received 2/5/90 Paid 8/9/89 12/5/89 8 2/5/90 Nil MID-STATE BANK SAN LUIS OBISPO 805 -544 -7070 75 Santa Rosa St.. San Luis Obispo, CA 93401 (This duplicate original replaces original letter which was lost) July 13, 1990 City of San Luis Obispo Office of the City Clerk 990 Palm Street San Luis Obispo, CA 93401 IRREVOCABLE LETTER OF CREDIT NO. 7 -155 FOR FAITHFUL PERFORMANCE FOR TRACT 1672; Landscaping and Driveways The undersigned, Mid -State Bank, being a financial institution which is subject to regulation by the State of California or by the federal government, hereby pledges that monies to the extent of $16,500.00 (SIXTEEN THOUSAND FIVE HUNDRED AND N0 1100 DOLLARS) are hereby assigned and transferred to the City of San Luis Obispo for the account of Donald R. Hubbard and Marlaine S. Hubbard/ Thomas R. Patterson and Paula E. Patterson,. - hereinafter collectively 'referred to As "Principal ", as required by the Subdivision Map Act of the State of California for the purpose of securing the faithful performance of all the terms and conditions of that certain agreement dated for Tract 1672, executed by and between Donald R. Hubbard and Marlaine S. Hubbard /Thomas R. Patterson and Paula E. Patterson and the City of San Luis Obispo, a municipal corporporation, and, in addition, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of San Luis Obispo in enforcing the terms and conditions of said agreement. The undersigned agrees that said funds are set -aside funds on deposit and guaranteed for payment and that upon receipt of written demand, signed by City Clerk of the City of San Luis Obispo, the undersigned shall immediately pay said funds or such amount thereof as shall be set forth in said demand, to the Director of Fiance of the City of San Luis Obispo to be used for the purpose set forth above. The undersigned further agrees that it shall hold said funds for Principal for the uses and purposes herein set forth, until such time as it receives written notice signed by the City Clerk of the City of San Luis Obispo authorizing the release of said funds. It is specifically recognized and understood and agreed to by the undersigned that the full amount of monies, as set forth above, are to be maintained in said account at all times during the duration of this obligation and that any reduction or release in the fund amount to be maintained will only be done in accordance with Section 66499.7 of the Government Code of the State of California. 4 (This duplicate original, -.-places original letter which w.__/' lost) July 13, 1990 To City of San Luis Obispo Irrevocable Letter of Credit No. 7 -155 (Page 2 of 2) For Faithful Performance for Tract 1672; Landscaping and Driveways By execution and delivery of this Irrevocable Letter of Credit to the City of San Luis Obispo, the undersigned financial institution is relieved of any and all liability to Principal, except as herein specifically set forth. Dated at San Luis Obispo, California, this 13th day of July, 1990. MID -STATE BANK San Luis Obispo Office 07 By: Lind Minton Assistant Manage The undersigned hereby agrees to all the terms and conditions of the foregoing Irrevocable Letter of Credit and releases the financial institution executing said Irrevocable Letter of Credit from all liability except as therein specifically set forth. Dated at San Luis Obispo, California, I Donald R. Hubbard Marlaine S. Hubbard this 13th day of July, 1990. / �•/Z f Thomas R. Patterson Paula E. Patterson In the event Tract 1672 is not approved by the City of San Luis Obispo, this Irrevocable Letter of Credit becomes null and void. MID-STATE BANK SAN LUIS OBISPO 805 -544 -7070 75 Santa Rosa St.. San Luis Obispo, CA 93401 (This duplicate original replaces original letter which was lost) July 13, 1990 City of San Luis Obispo Office of the City Clerk 990 Palm Street San Luis Obispo, CA 93401 IRREVOCABLE LETTER OF CREDIT NO. 7 -156 FOR PAYMENT OF LABOR AND MATERIALS FOR TRACT 1672; Landscaping and Driveways The undersigned, Mid -State Bank, being a financial institution which is subject to regulation by the State of California or by the federal government, hereby pledges that monies to the extent of $8,250.00 (EIGHT THOUSAND TWO HUNDRED FIFTY AND N01100 DOLLARS) are hereby assigned and transferred to the City of San Luis Obispo for the account of Donald R. Hubbard and Marlaine S. Hubbard /Thomas R. Patterson and Paula E. Patterson, hereinafter collectively referred to as "Principal ", as required by the Subdivision Map Act of the State of California for the purpose of securing the obligations set forth in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California for payment of the contractor, subcontractors, and persons renting equipment or furnishing labor-or materials to them for the improvements to be constructed pursuant to that certain agreement dated For Tract 1672, executed by and between Donald R. Hubbard and Marlaine S. Hubbard/ Thomas R. Patterson and Paula E. Patterson and the City of San Luis Obispo, a municipal corporation, and, in addition, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred in enforcing such obligations. The undersigned agrees that said funds are set -aside funds on deposit and guaranteed for payment and that it shall hold said funds for the account of Principal for the uses and purposes herein set forth, until such time as it receives written notice signed by the City Clerk of the City bf San Luis Obispo, authorizing the release of said funds. It is specifically recognized and understood and agreed to by the undersigned that the full amount of monies, as set forth above, are to be maintained in said account at all times during the duration of this obligation and that any reduction or release in the fund amount to be maintained will only be done in accordance with Section 66499.7 of the Government Code of the State of California. -(This duplicate origin' ,replaces original letter which /:�l lost) July 13, 1990 To City of San Luis Obispo Irrevocable Letter of Credit No. 7 -156 (Page 2 of 2) For Payment of Labor and Materials for Tract 1672; Landscaping and Driveways By execution and delivery of this.Irrevocable Letter of Credit to the City of San Luis Obispo, the undersigned financial institution is relieved of any and all liability to Principal, except as herein specifically set forth. Dated at San Luis Obispo, California this 13th day of July, 1990. MID -STATE BANK San Luis Obispo Office 07 By: Linda Xinton Assistant Manager The undersigned hereby agrees to all the terms and conditions of the foregoing Irrevocable Letter of Credit and releases the financial institution exeeuting said Irrevocable Letter of Credit from all liability except as therein specifically set forth. Dated at San Luis Obispo, California, this 13th day of July, 1990. Donald R. Hubbard Marlaine S. Hubbard Thomas R. Patterson Paula E. Patterson In the event Tract 1672 is not approved by the City of San Luis Obispo, this Irrevocable Letter of Credit becomes null and void. MID-STATE BANK SAN LUIS OBISPO 805 -544 -7070 75 Santa Rosa St:. San Luis Obispo, CA 93401 (This duplicate original replaces original letter which was lost) July 13, 1990 City of San Luis Obispo Office of the City Clerk 990 Palm Street San Luis Obispo, CA 93401 IRREVOCABLE LETTER OF CREDIT NO. 7 -157 FOR COMPLETION OF POSSIBLE REPAIRS ON TRACT 1672 IN SAN LUIS OBISPO: Warranty Bond The undersigned, Mid -State Bank, being a financial institution which is subject to regulation by the State of California or by the federal government, hereby pledges that monies to the extent of $20,000.00 (TWENTY THOUSAND AND N0 1100 DOLLARS) are hereby assigned and transferred to the City of San Luis Obispo for the account of Donald R. Hubbard and Marlaine S. Hubbard /Thomas R. Patterson and Paula E. Patterson, hereinafter collectively referred to as "Principal ", as required by The Subidivision Map Act of the State of California for the purpose of any necessary repairs of public improvements for Tract 1672 on Bullock Lane in San Luis Obispo in accordance with Subdivision Map Act Section 66499..9 (c) and City Municipal Code Section 16.44.120 (e). This deposit is to be released after one year from date of acceptance of improvements on the condition that any defects that may have become apparent during that time have been remedied to the satis- faction of the City Engineer. The undersigned agrees that said funds are set -aside funds on deposit and guaranteed for payment and that upon receipt of written demand, signed by the City Clerk of the City of San Luis Obispo, the undersigned shall immediately pay said funds or such amount thereof as shall be set forth in said demand, to the City of San Luis Obispo for the purposes set forth above. By execution and delivery of this Irrevocable Letter of Credit to the City of San Luis Obispo, the undersigned financial institution is relieved of any and all liability to said Principal, except as herein specifically set forth. Dated at San Luis Obispo, California this 13th day of July, 1990. MID -STATE BANK San Luis Obispo Office 07 By: Lind Minton Assistant Manag zr (This duplicate origin.- replaces original letter which -Dori lost) July 13, 1990 To City of San Luis Obispo Irrevocable Letter of Credit No. 7 -157 (Page 2 of 2) For Completion of Possible Repairs on Tract 1672; Warranty Bond The undersigned hereby agrees to all the terms and conditions of the foregoing Irrevocable Letter of Credit and releases the financial institution executing said Irrevocable Letter of Credit from all liability except as therein specifically set forth. Dated at San Luis Obispo, California this 13th day of July, 1990. Donald R. Hubbard _ /YVfYI� 27 Marlaine S. Hubbard IA4�lz Thomas R. Patterson I� 4f- Paula E. Patterson 1� (d) Owner understands that, the City carrot regulate vehicle usage or hazards upon said =mDn access driveway and agree jointly and individually, to defend and hold the City harmless from all claims for damges or Viability arising from the alleged failure of the City to regulate vehicles or to provide protection from hazards upon said driveway. (e) Repair any portion of said driveway that is damaged !::hrcugh the intentional or negligent acts of said party' or.parties' or his or their licensees and invitees. 3. The parties agree that this easement is superior and pararrount to the rights of any of the parties in the respective servient estates so created, and that it is a covenant running with the land. 4. As required by the city, additional information is attach(-­. to this grant of easement and incorporated by reference as Tract 1672,.Final Map MB If rte is write "none ".) ) L none Donald R. Hubbard Date Aak. Yiomas R. Patterson — (-M-� S _X &-- 4'1 Mar Iaine S. Hu bard Date Paula E. Patterson State of California On this the 13 day of June 19 90 , before me, County of San Luis Obispo SS. -- the undersigned Notary Public; personally appeared Donald R.. Hubbard; Marlaine S. Hubbard, Thomas R. Patterson and Paula E. Patterson 077; sAL Sr. AL X personally known tome IJII I rM4 K "GER 12 J, 7 M.4 R r Z proved to me on the basis of satisfactory evidence u:'3 a3-::Fo Car -W to be the person(s) whose name(s) are -subscribed to the comm. E.V. E4 0.11, '3 within instrument, and acknowledged that - -. - -= executed executed it. WITNESS my hand and official seal. I . . . . e . . . . . . . . . . . . . . . . . 0 . . ; ; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............ ............................_.I ^ -� p odo, City Official Date STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO. ss. On this 6th day of September in the year 1990 , before me Lori J. Hansen Notary ersonally appeared Ron Dunin Public p known to me -- to be Mayor of City of San Luis ObisRo_ CA and known to me to be the person who executed .the within-instrument on behalf of said public corporation, agency or political subdivision, and acknowledged to int! that he, Ron Dunin, executed the same. - - - - - - - - - - - - - --- - - - 0111l I.M.11, IWAS81 N=W Kl1BUC - CAURMILA (SEAL) SAN WIS OBISPO COUNTY MY Commiision Expires Jan 2'5.1994 Notary Pub LORI J. HANSEN RECORCINC REQUESTED BY City Of san tuts Ompo WHEN RECORDED MAIL TO COMMUNITY OEV.ELOPMENT DEPARTMENT CITY OF SAN LUIS OBISPO P.O. Box 8100 San Luis Obispo. CA 93403 -8100 SPACE ABOVE THIS LINE FOR :',_.CORDER' GRkNT OF EASDEW. - MR COMMON DRNMAY 4plV 53-C7U -02/ This Agreement is entered into between the QTY OF SAN LUIS 313T�I:lO, a Municipal Corporation (hereafter referred to as "City ") and Donald R. Hubbard, - _Uarl -a.na G._ HnhharA _ Thomas R. Patterson & Paula E Patterson (hereinafter referred to as Owner with reference to the following facts: A. Owner owns the following described real property situated in. the City of San Luis Obispo,' County of San Luis Obispo, State of California, to wit: Lots 1 through 11_of_Tract 1672 recorded in map book at page in the office of the County Recorder, being a resubdivision of Parcel Map 85 -220 recorded in parcel map book page B. Owner desires to construct residences on each of said.lots, and; C. City, as a condition of said development, requires the creation of caT=n driveway easements to serve said lot's, for the benefit of eadl of thimi" and for the benefit of Owner. The parties hereto agree as follows:. I. Owner hereby dedicates an easement for a ccmrrun driveway Q e.r said property and as shown on Map of Tract 1672 for the use and benefit of all. of said lots,- including drainage. 2. owner and his heirs; and assigns hereby agree to carlply wi'h the following terms and conditions: (a) The owners of lots _1_ through _ 11 their heirs and ass.ians will be jointly responsible to improve; maintain and keep in repair said driveways. (b) Prohibit all parking on the ccmrran access portions. (c) Owners agree jointly and individually to reirLurse the City of Sari Luis Obispo for all costs connected with the re1mva1 of vehicles f. rrsn the cantaan access portions. and will reimburse the City for; and hold the City from, all final judgments against the City for daLnzages or other lialai.li ty arising from the enforcerrent of the aforesaid prohibition against parking. I 61-85 ��' � ,X ��� ��� �_ J U RESOLUTION NO. 6860 (1990) ESTABLISHMENT OF A DRUG -FREE WORKPLACE POLICY WHEREAS, the Federal Government enacted the Drug -Free Workplace Act of 1988 as part of a comprehensive drug interdiction, prevention and treatment bill, and WHEREAS, the City of San Luis Obispo intends to maintain a safe, healthful and productive work environment for all employees, and WHEREAS, the City will act to eliminate the unlawful use of drugs and other controlled substances which could impair an employee's ability to safely and effectively perform the functions of his /her job and /or threaten the safety of coworkers, WHEREAS, the City's employee associations have reviewed the Drug -Free Workplace Policy and are in agreement with and supportive of said policy, NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of San Luis Obispo does hereby establish a Drug -Free Workplace Policy . On motion of Councilman Reiss , seconded by Councilman Roalman and on the following roll call vote: AYES: Councilmembers Reiss, Roalman, Rappa, and Mayor Dunin NOES: None ABSENT: Councilwoman Pinard the foregoing resolution was adopted this 4th day of September , 1990. or Ron Dunin ATTES Pam V ges, Cit Clerk R 6860 I� Resolution No. 6860 Page 2 APPROVED: City dminis ratio off i r i Personnel . C4/90 CITY OF SAN LUIS OBISPO DRUG -FREE WORKPLACE POLICY PURPOSE It is the policy of the City of San Luis Obispo to maintain a safe, healthful and Productive work environment for all employees. To that end, the City will act to eliminate the unlawful use of drugs and other controlled substances including, but not limited to, alcohol and prescription drugs, which could impair an employee's ability to safely and effectively perform the functions of his /her job and /or threaten the safety of co- workers. All City employees, regardless of their employment status (i.e. permanent, temporary, contract, etc.), are subject to this policy. POLICY 1. Employees are expected and required to report to work in appropriate mental and physical condition to perform their jobs. The unlawful manufacture, distribution, dispensation, possession or use of drugs or other controlled substances, including alcohol, on City premises or while conducting City business off premises is absolutely prohibited. 2. The City will establish a drug -free awareness program to inform employees about: a. The dangers of drug abuse in the workplace; b. The City's policy of maintaining a drug -free workplace; C. Available drug counseling, rehabilitation and employee assistance programs; and d. The penalties that may be imposed on employees for drug abuse violations. 3. This policy is intended to assure that no employee with an alcohol or drug problem will have his or her job security or promotional opportunities jeopardized by a request for help. 4. Employees will, as a condition of employment, abide by the terms of this policy and notify the City, within five (5) days, of any criminal drug statute conviction which he /she receives for a violation occurring in the workplace. 5. The City shall notify any appropriate federal granting agency of any criminal convictions of an employee for illegal drug activity in the workplace within 10 days of the City's notification of such conviction. Otherwise, the individual's rights to confidentiality and privacy are recognized. The Pertinent information and records of employees with an alcohol or drug problem will be preserved in the same manner as all other confidential records. 6. The City shall initiate action after receiving notice ;of conviction of an employee which may result in required participation in a treatment program and /or progressive discipline, up to and including termination. 7. The City shall make a good faith effort to continue maintaining a drug -free workplace through implementation of this policy. 8. Implementation of this policy will not require or result in any special regulations, privileges, or exemptions from the standard administrative practices applicable to job performance requirements: DRUG -FREE WORKPLACE NOTICE TO EMPLOYEES All employees are hereby notified that it is a violation of the City of San Luis Obispo's Drug -Free Workplace Policy for any employee at the workplace to unlawfully manufacture, distribute, dispense, possess or use any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or other controlled substance including, but not limited to, alcohol and prescription drugs, as defined in the Drug -Free Workplace Act of 1988. Violations of this policy by employees may result in discipline, up to and including termination. "Workplace" is defined as any place where City work is performed, including a City building or site, or any City -owned vehicle. As an employee, you will, as a condition of employment, abide by the terms of this policy and notify the City, within five (5) days, of any criminal drug statute conviction which you receive for a violation occurring in the workplace. The following are among the drug counseling, rehabilitation and /or other agency assistance programs available locally: City of San Luis Obispo Employee Assistance Program (800) 227 -1060 San Luis Obispo County Drug Program (805) 549 -4753 San Luis Obispo County Alcohol Services (805) 549 -4275 Narcotics Anonymous (805) 549 -7730 Alcoholics Anonymous (805) 543 -5800 EMPLOYEE STATEMENT I have read the City's policy on a Drug -Free Workplace and affirm that I have knowledge and understanding of this policy. Signature Date n n 0 U� RESOLUTION NO. 6859 (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE PLANNING COMMISSION'S ACTION DENYING AN AMENDMENT TO A PLANNED DEVELOPMENT TO ALLOW GOVERNMENT OFFICES, ON SOUTH STREET, BETWEEN BEEBEE STREET AND EXPOSITION DRIVE (PD 1476) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration of public testimony, the application PD 1476, and the Planning Commission's action, staff recommendations and reports thereon, makes the following findings: 1. The proposed amendment to the planned development is inconsistent with the city's locational policies for government offices. SECTION 2. Action. That the Planned Development Rezoning amendment PD 1476 be denied. On motion of Councilwoman Pinard , seconded by Councilman Roalman , and on the following roll call vote: AYES: Councilmembers, Pinard, Roalman and Mayor Dunin NOES: None ABSENT: Councilmembers Rappa and Reiss the foregoing resolution was passed and adopted this 21st day of August , 1990. R6859 Resolution No. 6859 (1990 Series) PD 1476: 265 - 285 South Street Page 2 Mayor Ron Dunin ATTES . _ ?�_� ()M/5 City C4erk Pam V1 es K124ZI•r' "•lp City Administrative Officer Community Devdlopment Director Y\ .I S I M w 110 ZAJ4 Ir Z&V SMA SSW/. Nt ;xo 60ZANC STRWET M 229 47 Z44.1 I&I S11 C72A., 303 IS No us 345 MIAJM �a IN 0 0 0 6. ol C) 115 0 yj . O . 0, Nn MW R! --12 0 cl o 79-3 i ZZI Z" 17- 302 '510 S o U. K�LUTJOW Mft-'Iftff# SIPW Ad"" (to• ) zos JMF,&"" STREET Nof P" for GSmKT #?Fl•) man 0 tss 149 its ETY KIM, URN, X ........ ... ....... P J ... ....... ....... ....... ..... AR A (Wt ........ .... oil . ........ 1PD ... .... . . . . . oP . .... :.- F"Mme. ..... .. . . ...... .. . . . . . . . . . . ....... .... ... .... . R.74 . ...... VOW SP ................... ................... Wtwyy, .................... .................. ........... .. .. ........ ... ....... ......... 3 ........... ........ . % ...... . . . . . . . ...... .......... .. . ....... ........ .......... ....... .......... ....... 0 94 ............. ..... ... .... ... .... ... ....... ....... ... ........ ........ .... ......... ..7[:; ..... 270 zw on" 944ce- STREET to Z" C/OS -4 A41 tes —SP st a I IN '001, • % .01% W ST C/os 40 ON% 0 C/OS-5 SCALE; I"= 156' Its 4Li Y Ir aSop-se :.:—, .:. m4w ca w m 0 0 o w 110 ZAJ4 Ir Z&V SMA SSW/. Nt ;xo 60ZANC STRWET M 229 47 Z44.1 I&I S11 C72A., 303 IS No us 345 MIAJM �a IN 0 0 0 6. ol C) 115 0 yj . O . 0, Nn MW R! --12 0 cl o 79-3 i ZZI Z" 17- 302 '510 S o U. K�LUTJOW Mft-'Iftff# SIPW Ad"" (to• ) zos JMF,&"" STREET Nof P" for GSmKT #?Fl•) man 0 tss 149 its ETY KIM, URN, X ........ ... ....... P J ... ....... ....... ....... ..... AR A (Wt ........ .... oil . ........ 1PD ... .... . . . . . oP . .... :.- F"Mme. ..... .. . . ...... .. . . . . . . . . . . ....... .... ... .... . R.74 . ...... VOW SP ................... ................... Wtwyy, .................... .................. ........... .. .. ........ ... ....... ......... 3 ........... ........ . % ...... . . . . . . . ...... .......... .. . ....... ........ .......... ....... .......... ....... 0 94 ............. ..... ... .... ... .... ... ....... ....... ... ........ ........ .... ......... ..7[:; ..... 270 zw on" 944ce- STREET to Z" C/OS -4 A41 tes —SP st a I IN '001, • % .01% W ST C/os 40 ON% 0 C/OS-5 SCALE; I"= 156' G� e J y lor RESOLUTION NO. 6858 (1990 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL FROM THE ACTION OF THE PLANNING COMMISSION, AND APPROVING VARIANCE APPLICATION V 1481, A REQUEST TO ALLOW REDUCED PARKING FOR AN OFFICE AND APARTMENTS AT 756 SANTA ROSA STREET WHEREAS, the Administrative Hearing Officer conducted a public hearing on Variance Application V 14$1, on April 27, 1990, and denied the application; and WHEREAS, the decision of the Hearing Officer was appealed to the Planning Commission, which conducted a public hearing on July 11, 1990, and determined to deny the appeal; and WHEREAS, the applicant has appealed that decision to the City Council; and WHEREAS, the council has considered the testimony and statements of the applicant, appellant, and other interested parties, and the records of the Administrative and Planning Commission hearings and actions, and the evaluation and recommendation of staff; and WHEREAS, the council determines that the action of the Planning Commission was not appropriate; NOW, THEREFORE, the council resolves to approve the appeal and approve Variance V 1481, thereby allowing a tandem parking space which encroaches in the required street yard setback area to be used to meet the minimum parking requirement for office use, subject to the following findings and conditions: Section 1: Findina 1. There are special circumstances applying to the site, which do not apply generally to land in the vicinity with the same zoning, including the existence of a structure which contributes the character of the adjacent Mill Street Historic District. 2. The variance does not constitute a grant of special privilege, since it would not allow an intensity of development inconsistent with the limitations placed upon other properties in the vicinity with the same zoning. 6858 Resolution No. 6858 (1990 Series) V 1481 Page 2 3. The variance will not adversely affect the health, safety, or welfare of persons living or working in the vicinity. Section 2: Conditions 1. One of the four on -site parking spaces required for office use of the building at 756 Santa Rosa Street may be arranged in tandem behind one of the other spaces, to the approval of the Community Development Director. The tandem space may encroach into the required street yard. 2. Both units of the existing duplex on the site (1119 and 1121 Peach Street) shall continue to be occupied exclusively by persons aged sixty -two or older. One parking space shall be provided on -site for the duplex. On motion of Councilman Reiss, seconded by Councilman Roalman, and on the following roll call vote: AYES: Councilmembers Reiss, Roalman, Pinard and Mayor Dunin NOES. None,,c. ABSENT: Councilwoman Rappa the foregoing resolution was passed and adopted this 21st day of August, 1989. 0 ftmwwm� 10 ayor Ron Dunin IsMo O O N r OI 110tk �I eV O � • +1 P•r: i 6 � •ye i • •i t � 4 i 4•+ ' +Mo K"-, 0 Y / der � © •O �i '_- o O O' �o• O e r ^d T1 •• � JA `4 9'�'i`2." ®• oq iii. , O g6� i LI i v •�c a. J 4, • ��� 4,_ 'u Resolution No. 6857 (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE HISTORICAL PRESERVATION PROGRAM GUIDELINES TO INCORPORATE STANDARDS FOR REHABILITATION PREPARED BY THE U.S. DEPARTMENT OF THE INTERIOR WHEREAS, the City Council adopted Historical Preservation Program Guidelines on February 3, 1987 (Resolution 6158); and WHEREAS, the Cultural Heritage Committee (CHC) has reviewed standards for rehabilitation newly published by the U.S. Department of the Interior; and WHEREAS; the CHC has recommended that the Department of Interior's standards for rehabilitation be incorporated into the City's Historical Preservation Program Guidelines; and WHEREAS, the CHC suggest the standards be used as guidelines by people who wish to restore properties on the city's Master List of Historical resources or properties identified as "contributing" within Historical Zoning Districts. NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. The Historical Preservation program Guidelines are hereby amended to include the provisions presented on attached. Exhibit "A." 2. The Community Development Department shall. publish the revised Historical Preservation program Guidelines and make them available to the public. On motion of Mayor..Dunin , seconded by Councilman Roalman , and on the following role call vote: AYES: Mayor Dunin, Councilmembers Roalman, Pinard, and Reiss NOES. None ABSENT: Councilmember Rappa the foregoing resolution was passed and adopted on this 21st day of August , 1990. R 6857 Resolution No.6857(ig90 Series) Page 2 ATTEST: F'A�, u� City Clerk Pa la Voges APPROVED: 41 -- lrok-� Cit4 AdmiXistuKtive Of ce John Dunn O v MAYOR RON DUNIN EXHIBIT "A: rr Resolution (1990 Series) (Add the following provisions at the end of Section 2, page 6 of the adopted Historical Preservation Program Guidelines (Resolution 6158, 1987 Series)) As information only, people who are restoring buildings included on the Master List of Historic Resources or buildings designated as "contributing" properties within historic . districts may wish to consider the following standards published by the U.S. Department of the Interior. The Secretary of the Interior's Standards for Rehabilitation The Standards that follow were originally published in 1977 and revised in 1990 as part of Department of the Interior regulations (36 CFR Part 67, Historic. Preservation Certifications). They pertain to historic buildings of all materials, construction types, sizes, and occupancy and encompass the exterior and the interior of historic buildings. The Standards also encompass related landscape features and the building's site and environment as well as attached, adjacent or related new construction. The Standards are to be applied to specific rehabili- tation projects in a reasonable manner, taking into consideration economic and technical feasibility. I. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. 2. The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. 3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. CHC5 -21 /TS 4. Most properties change over time; those changes . that have acquired historic significance in their own right shall be retained and preserved. 5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved. 6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of detcri- oration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence. 7. Chemical or physical treatments, such as sand- blasting. that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. 8. Significant archeological resources affected by a project shall be protected and preserved.. If such resources must be disturbed, mitigation measures shall be undertaken. 9. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property_ The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. 10. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. G� 0 RESOLUTION NO. 6856 (1990 SERIES) RESOLUTION DESIGNATING OCTOBER 1, 1990 THROUGH OCTOBER 7, 1990 AS "FREE TRANSIT WEEK" WHEREAS, the City of San Luis Obispo has long supported environmental protection and natural resource management programs and policies and is therefore a supporter of the "Keep California Moving" activities scheduled for October 1 -5, 1990; and WHEREAS, the purpose of "Keep California Moving" is to promote environmental awareness through education and other activities; and WHEREAS, the main issue to be addressed during "Keep California Moving" week is alternate transportation and beneficial impacts on traffic which are possible through the increased use of mass transportation; and WHEREAS, by offering "Free Transit Week" in conjunction with the Regional Transit System, the City hopes to call attention to the benefits of mass transportation and to attract new riders to the bus system. NOW THEREFORE, BE IT RESOLVED that the City of San Luis Obispo hereby designates October 1, 1990 through October 7, 1990 as "Free Transit Week" and encourages all residents of San Luis Obispo County to consider the use of bus service on that date and thereafter. On motion Of Councilmember Reiss , seconded by CnnnrilmambPr Pinnrd , and on the following roll call vote: R 6856 v Resolution No. 6856 (1990 Series) Page Two AYES: Councilmembers Reiss, Pinard, Roalman, and Mayor Dunin NOES: None ABSENT: Councilmember Rappa the foregoing Resolution was passed and adopted this 21st day of. ATTEST: po-� oxzv� City C erk Pam V es 1990. s - yor Ron Dunin APPROVED: City A ministrative Officer a11.,G(.tp4e A� x,dw (tiW A orne e:kcmres In The Superior Court of The State of California In and for the County of San Luis Obispo AFFIDAVIT OF PUBLICATION No. __12332 STATE OF CALIFORNIA, j} ss. County of San Luis Obispo I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen and not interested in the above - entitled _MA I am now, and at all times embraced in the publication herein mentioned was; the principal clerk of the printers and publishers of the SAN LUIS OBISPO COUNTY TELEGRAM- TRIBUNE; a newspaper of general cir- culation, printed and published daily, Sundays excepted, at the City of San Luis Obispo in the above named county and state; that NOTICE of which the annexed clipping is a true printed copy, was published in the above -named newspaper and not in any supplement thereof — on the following dates, to-wit: 9/5 that said newspaper was duly and regularly ascertained and established a newspaper of general circulation by Decree entered in the Superior Court of San Luis Obispo County, State of California, on June 9, 1952, under the provisions of Chapter 1, Division 7, Title 1 of the Government Code of the State of California. I certifv (or declare) unde6pe lt y of perjury that the fore- going is true and correct. (Signature of lVincipal Clerk) Date S-QWa , 19�D map showing the details of the proposed abandonment are available at the office of the City Clerk; 990 Pam,.Street, in San Luis Obispo, California. SECTION 4. Tuesda , Se - tember 18, 19 at : p.m. or such later our Irs may be established by the City Clerk, in -the Council Chamber of the City { Hall, 990 Palm Street, San Luis Obispo, California, is the time and place set for hearing all .persons Interested in or object - ingto the proposed abandon- ment, which time is not less - ! than' fifteen (15) days from the ! GLV Of passage of this resolution. SECTION 5. This resolution, �safti SAT! lU IS O' together with the ayes and l 'RESOLUTION 0.6a noes, shall be published once in i (1990 SERI 1990 S RI full at least ten (10) days before' A RESOLUTION COUNCIL the public hearing on the pro - OF THE CITY OF SAN LUIS OBISPOOFINTENnONTO Posed abandonment, in the Telegram - Tribune, a newspaper ABANDON HASIONS ' published and circulated in this AVENUE BETWEEN SANTA I BARBARA STREET AND THE city. SECTION 6. The City Engi- I SOUTH PACIFIC RAILROAD neer she post at least three (3) RIGHT -OF -WAY. notices. of the proposed aban- I f BE IT RESOLVED by the Council of the City of San Luis donment along or adjacent to that portion of the street pro -, Obispo as follows: Posed, to be abandoned at least SECTION 1. Findings. It's the. fourteen (14) days before the intentbn of the City of San Luis ,Obispo to abandon right-of-way date set for hearing in accord- once with Section 8322 the ;on Haskins Avenue between 'Santa Barbara Street and the Code. Streets and Highways City SECTION 7. The Ciry "Southern Pacific Railroad right- 9 of -way as shown on the map mpa- neer, shall notify utility Proposed nies affected by the proposed Exhibit A" attached abandonment at least ten (10) days after adoption of the Reso- 'marked hereto and incorporated herein by such reference, pursuant to lution of Intention in accordance. Section 8300 et. seq., of the Streets and Highways Cade, with Section 8347 of the Streets and Highways Code. On motion subject to the following find- of Councilman Roalman, sec- onded by -. . ings: i 1.•The right -of -way proposed I .Councilwoman .Pi riard, and on the following roll for abandonment is not needed call vote: for present or future_ public AYES: Councilmembers Roal- 1 purposes; man, Pinard, Reiss and Mayor 2. The proposed street aban. donment is consistent with the Dunin NOES: None ABSENT: General Plan; and Councilwoman ' 3. The proposed street aban. donment has been evaluated Rappa ,. the foregoing resolution, was under the City's Environmental Passed and adopted this 21st Procedures and the California day of August, 1990. /s /Mayor Ron Dunin Environmental Quality Act,' and ( it has been determed that the in ATTEST: i street significant ad abandonment well not have a significant ativerse env,- /s/Pam Vo es, City Clerk 9 ry "EXHIBITA" ronmental impact (ER45-881 40 SECTION 2. Conditions. Final E abandonment of said right-of. tIZA LA ?way shall be subject to following conditions: 10 •�+••� ..t \ j 1. Final street abandonment !'shall be subject to the reserva- o C _ ++ tion of a utilities easement, to Rc !,the approval 'of the City Engi- — -h near. 2. Final street abandonment d 1 �S}_7 c•s 1l° ■; !shall be subject to the reserva -' ,tion o ._ ■ , ❑_ ! = of a 10-foot by 5D foot strip -' Ia bf right- of•way along Santa Bar. 'C-N + �� bara Street for future street ao •• improvements, to the approval of the City Engineer and Com- ,nunity. Development Director. Sept. 5, 1990 dv12332 _ I SECTION 3. Copies of the m u CD ro K C) n m CD a. O rt O C O' T; Q rt O O 5 C CD a K a m C1 a 0 K si A O C Z N i° C N W 0 RESOLUTION No. 6855 (1990 Series) A RESOLUTION OF COUNCIL OF THE CITY OF SAN LUIS OBISPO OF INTENTION TO ABANDON HASKINS AVENUE BETWEEN SANTA BARBARA STREET AND THE SOUTHERN PACIFIC RAILROAD RIGHT -OF- FLAY. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. It is the intention of the City of San Luis Obispo to abandon right -of- way.on Haskins Avenue between Santa Barbara Street and the Southern Pacific Railroad right -of - way as shown on the map marked "Exhibit All) attached hereto and incorporated herein by such reference, pursuant to Section 8300 et. sea. of the Streets and Highways Code, subj c _to the following findings: 1. The right -of -way proposed for abandonment is not needed for present or future public purposes; 2. The proposed street abandonment is consistent with the General Plan; and 3. The proposed street abandonment has been evaluated under the City's Environmental Procedures and the California Environmental Quality Act, and it has been determined that the street abandonment will not have a significant adverse environmental impact (ER45 -88). SECTION 2. Conditions. Final abandonment of said right-of- way shall be subject to the following conditions: 1. Final street abandonment shall be subject to the reservation of a utilities easement, to the approval of the R6855 Resolution No. 6855 ( 0 Series) City Engineer. 2. Final street abandonment shall be subject to the reservation of a 10 -foot by 50 -foot strip of right -of -way along Santa Barbara Street for future street improvements, to the approval of the City Engineer ;and Community Development Director. SECTION 3. Copies of the map showing the details of the proposed abandonment are available at the office of the City Clerk, 990 Palm Street, in San Luis Obispo, California. �j SECTION 4. Tuesday, September 18, 1990 at 7:05 p.m. or such later hour as may established by the City Clerk, in the Council Chamber of the City Hall, 990 Palm Street, San Luis Obispo, California, is the time and place set for hearing all persons interested in or objecting to the proposed abandonment, which time is not less than fifteen (15) days from the passage of this resolution. SECTION S. This resolution, together with the ayes and noes, shall be published once in full at least ten (10) days before the public hearing on the proposed abandonment, in the Telegram - Tribune, a newspaper published and circulated in this city. -� SECTION 6. The City Engineer shall post at least three (3) notices of the proposed abandonment along or adjacent to that portion of the street proposed to be abandoned at least fourteen Resolution No. 6855 (/I-q.90'Series) (14) days before the date set for hearing in accordance with Section 8322 of the Streets and Highways Code. SECTION 7. The City Engineer shall notify utility companies affected by the proposed abandonment at least ten (10) days after adoption of the Resolution of Intention in accordance with Section 8347 of the Streets and Highways Code. On motion of Councilman Roalman , seconded by Councilwoman Pinard , and on the following roll call vote: AYES: Councilmembers Roalman, Pinard, Reiss and Mayor Dunin NOES: None ABSENT: Councilwoman Rappa the foregoing resolution was passed and adopted this of August , 1990. 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