HomeMy WebLinkAbout8000-8049RESOLUTION NO. 8049 (1992 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO ESTABLISHING COMPENSATION
FOR THE CITY CLERK
WHEREAS, the City Council establishes the salary range for, among other
positions, the City Clerk in the Managerial Compensation Plan for Appointed Officials
et.al. (Resolution No. 8015 - 1992 Series); and
WHEREAS, by Resolution No. 8048 (1992 Series), the City Council appointed
Diane Gladwell City Clerk; and
WHEREAS, the City Council has evaluated compensation factors for the City
Clerk under section 2 of the Managerial Compensation Plan for Appointed Officials
et.al. (Resolution No. 6604 - 1989 Series):
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Effective September 14, 1992, the City Clerk's salary shall be
$4,450 per month.
SECTION 2. All other compensation and benefits afforded the City Clerk under
the Appointed Officials Compensation Plan (Resolution No. 6604 - 1989 Series), and
the City Clerk Employment Agreement (Resolution No. 8048 - 1992 Series) not
superseded by the above, shall remain in full force and effect.
SECTION 3. The City Council shall evaluate the performance of the City Clerk
annually.
R -8049
C
Resolution No. 8049 (Series 1992)
Page 2
Councilman
On motion of Roalman
and on the following roll call vote:
, seconded by Vice -Mayor Rappa ,
AYES: Councilmembers Roalman, Rappa, and Pinard
NOES: Councilman Reiss, and Mayor Dunin
ABSENT: None
The foregoing Resolution was passed and adopted this 18th day of August, 1992.
ATTEST:
Cit Clerk Pam ges
APPROVED:
V
City dministrative Officer
Mayor Ron Dunin
J Gc.c
n Finance Dire o"r
Personnel Director
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RESOLUTION NO. 8048 (1992)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO SETTING FORTH THE AGREEMENT
BETWEEN THE COUNCIL AND DIANE GLADWELL
CITY CLERK, REGARDING COMPENSATION
AND RELATED MATTERS
WHEREAS, Charter Section 701 provides that the Council is responsible for the
appointment and removal of the City Clerk; and
WHEREAS, the Council has conducted an extensive search for a City Clerk and
desires to appoint the best qualified candidate to the position; and
WHEREAS, the Council is committed to developing and promoting an' effective
and professional Management Team, including the City Clerk; and
WHEREAS, the Council by resolution has established a Managerial
Compensation Plan for Appointed Officials and .Certain Management Personnel
including the City Clerk; and
WHEREAS, the Council has evaluated the relevant compensation factors for the
City Clerk; and
WHEREAS, the council desires to adjust the compensation of the City Clerk
commensurate with the level of performance and consistent with the goals and
purposes of the Appointed Officials Policies and Procedures; and
WHEREAS, the Council desires to address other matters relating to the terms
and conditions of employment for the City Clerk;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
R -8048
(A- 86- 92 -CC)
Resolution No. 8048 (1992 Series)
Page 2
SECTION 1: Employment Terms and Conditions
In consideration of Ms. Gladwell's acceptance of the above confirmation of
employment, this Council adopts the following employment terms and conditions:
A. Effective Date.
September 14, 1992, is hereby designated as the date of commencement
of Ms. Gladwell's duties to serve directly for and at the pleasure of the City Council.
B. Termination and Severance Pa v.
In the event Ms. Gladwell's employment is terminated by the Council during
such time that she is willing and able to perform the duties of City Clerk the City
\ agrees to pay her a lump sum cash payment equal to six (6) months compensation
(salary and all appointed officials fringe benefits). Should Ms. Gladwell obtain
employment during the six -month period following termination, she shall reimburse
City proportionately. In the event that she is terminated for good cause then the City
shall have no obligation to pay the lump sum severance payment mentioned above.
In the event Ms. Gladwell voluntarily resigns her position with the City, she shall give
the Council at least one (1) month advance written notice.
C. Compensation.
Ms. Gladwell's salary shall be established by Council resolution. This salary
may be adjusted by appropriate action of the Council at any time in accordance with
Section 1 of the Managerial Compensation Plan for Appointed Officials and Certain
Management Personnel.
Resolution No.. 8048 (1992 Series)
Page 3
All other compensation and benefits afforded under the Managerial
Compensation Plan shall be in full force and effect.
D. Outside Emolovment. Conduct and Behavior.
(i) Ms. Gladwell may engage in outside activities such as part-time teaching,
consulting; or in other similar activities unrelated to City business only with the
express prior approval of the Council.
(ii) Ms. Gladwell shall comply with all local and state requirements regarding
conflicts =of- interest and shall avoid personal involvement in situations which are
inconsistent or incompatible with the position of City Clerk or give rise to the
appearance of impropriety.
E. Professional Development.
City shall provide funds for certain items, activities and materials deemed
necessary and desirable for Ms. Gladwell's continued professional development,
participation, growth and advancement, and therefore, for the good of the City.
Those items, activities and materials shall include:
(i) Professional dues and subscriptions necessary for full participation in
appropriate and relevant associations and organizations.
(ii) Travel and subsistence expenses for professional meetings and similar
functions (e.g., short courses, institutes, seminars) to foster professional
development.
(iii) Others, as shall be agreed upon from time to time between Ms. Gladwell
and the City.
Resolution No. 8048
Page 4
(1992 Series)
F. Other terms and Conditions of Employment.
The Council shall set any such other terms and conditions of employment
as it may determine from time to time, relating to the performance of Ms. Gladwell,
provided such terms and conditions are not inconsistent with or in conflict with the
provisions of this resolution, the City Charter or any other law.
G. General Provisions.
It is the intent of the Council that this agreement and the appointment of
Ms. Gladwell as City Clerk be in accordance with the requirements and provisions of
the Charter. Wherever possible the provisions of this resolution shall be construed in
a manner consistent with the Charter. If any provision of this resolution conflicts with
the Charter, the Charter shall control. An invalid provision of the resolution is
severable and shall not affect any other provision.
On motion of Councilman
Roalman
and on the following roll call vote:
, seconded by Vice -Mayor Rappa
AYES: Councilmembers Roalman, Rappa, and Pinard
NOES: Councilman Reiss, and Mayor Dunin
ABSENT: None
The foregoing Resolution was passed and adopted this 18th day of August, 1992.
Resolution No. 8048 (Series 1992)
Page 5
Ron Dunin
ACCEPTED:
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City Jerk Pam Vo s
APPROVED:
City Ad inistrative Officer
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Personnel Director
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RESOLUTION NO. 8047
(1992 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING CONTRACT OF EMPLOYMENT BETWEEN THE CITY OF SAN
LUIS OBISPO AND LYNN BLOCK, BIA ADMINISTRATOR, FOR THE
PERIOD JULY 3, 1992 THROUGH JULY 3, 1993
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That the contract of employment between the City of San Luis Obispo and
Lynn Block as BIA Administrator for the period July 3, 1992 through July 3, 1993, attached
hereto as Exhibit "A" and by this reference made a part hereof, has been reviewed and is
approved and the Mayor is authorized to execute same.
On motion of Vice -Mayor Rappa ,seconded by Mayor Dunin ,
and on the following roll call vote:
AYES: Vice -Mayor Rappa, Mayor Dunin, Councilmembers Reiss, and Roalman
NOES: Councilwoman Pin3rd
ABSENT: None
the foregoing Resolution was passed and adopted this 18 day of August , 1992.
ATTEST:
ap.. UA 0
* * * * * * * * **
R -8047
(A- 85- 92 -CC)
Resolution No. 8047
Page No. 2
APPROVED:
City dministrative Officer'
(1992 Series)
lam- a ea��
Personnel Director
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Finance Director d��
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A- 85 -92 -CC
CONTRACT OF EMPLOYMENT
THIS CONTRACT is entered into this 19th day of August, 1992, by and between the
CITY OF SAN LUIS OBISPO, State of California (hereinafter referred to as "City"), PC
LYNN BLOCK, a contract employee (hereinafter referred to as "Employee ").
WITNESSES:
WHEREAS, the City of San Luis Obispo has a need to hire an employee for a special
project for which the continued funding or need for the project is too uncertain to create a
regular classification; and
WHEREAS, Employee is qualified to perform such service for City; and
WHEREAS, the services to be contracted for are BIA Administrator.
NOW, THEREFORE, the parties do mutually agree as follows:
1. Employment. City hereby engages Employee and Employee hereby agrees to perform
for City the services hereinafter set forth for the compensation hereinafter set forth, all pursuant
to the terms and conditions herein.
2. Scope of Services. Pursuant to this Contract, Employee shall provide to City the
following services: Administrator for the Downtown Parking and Business Improvement
Association (BIA); specific duties and responsibilities to be established and modified. from time
to time by the BIA Advisory Board. Employee shall perform said services under the direct
supervision of BIA Advisory Board.
3. Employment Status. Employee shall be a full -time employee. Membership in the
City PERS retirement program shall be in accordance with PERS requirements with the
Employee's share to be paid by Employee
Employee shall accrue holiday and sick leave
A- 85 -92 -CC
(R -8047)
benefits consistent with other positions in the City and as determined by the Personnel Director.
Employee shall accrue 8.00 hours of vacation per month over the term of this Agreement which
shall be taken in a manner consistent with other City employees. Employee shall be granted up
to 40 hours per year of administrative leave in lieu of overtime compensation, in recognition of
the fact that the employee is exempt from overtime compensation consideration and that the
employee's schedule may require work beyond 40 hours in a week. The only other paid benefits
are workers' compensation insurance and unemployment insurance. Employee shall be eligible
for reimbursement for mileage at a rate of $0.27.5 per mile for use of her private automobile
for official business but not including any mileage attributable to normal commuting by
Employee to and from her office. Employee will also receive a monthly permit for the Palm
Street Parking structure.
Employee understands and agrees that her term of employment is governed only by this
Contract, that no right of tenure is created hereby, and that she does not hold a position in any
department or office of the City.
4. Warranty of Employee. Employee warrants that she is properly certified and licensed
under the laws and regulations of the State of California to provide the services herein agreed
to.
5. Compensation. City shall pay to Employee as compensation in full for all services
performed by Employee pursuant to the Contract, the sum of $3,000 per month ($36,000 per
year), said compensation to be paid in accordance with normal City procedures. In addition,
Employee will receive a performance bonus of four percent (4 %) of her annual salary to be paid
as follows: two percent (2%), $720.00, on July 1, 1992, and two percent (2%), $720.00, on
2
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December 1, 1992.
At the time of the annual performance evaluation at the end of this contract (July 3,
1993), and given the condition that Employee and the Board of Directors both desire her
continued employment in this position, then Employees salary as BIA Administrator shall
be subject to a performance bonus ranging from a minus two percent (2 %) to a plus six percent
(6 %). The bonus amount shall be determined by the BIA Board of Directors as a part of the
overall evaluation. Should the evaluation result in a two percent (2%) reduction, this shall be
applied across the year, thereby reducing each paycheck by a pro rata amount.
6. Term of Contract. This Contract shall commence on .July 3, 1992 through July 3,
1993, unless terminated earlier as provided herein. The City Administrative Officer may
terminate the contract without the need for action, approval or ratification by the City Council.
7. Termination of Contract for Convenience. Either party may terminate this Contract
at any time by giving to the other party fifteen (15) days written notice of such termination,
specifying the effective date of such termination. Employee shall be paid for all work
satisfactorily completed prior to the effective date of such termination.
Employee agrees that the notice provisions of this paragraph shall limit the liability of
the City in the event that a termination action taken by City pursuant to paragraph 8 is
subsequently found to be improper.
8. Termination of Contract for Cause. If Employee fails to perform her duties to the
satisfaction of the City, or if employee fails to fulfill in a timely and professional manner the
obligations under this Contract, or if Employee shall violate any of the terms of provisions of
this Contract, or if Employee has a physical or mental incapacity that precludes Employee from
3
performing the duties, or if Employee fails to exercise good behavior in either during or outside
of working hours which is of such a nature that it causes discredit to the City or impairs her
ability to perform these contract duties, then the City shall have the right to terminate this
Contract effective immediately upon the City's giving written notice thereof to Employee.
Employee shall be paid for all work satisfactorily completed prior to the effective date of such
termination.
9. Entire Agreement and Modification. This Contract constitutes the entire
understanding of the parties hereto. This Contract supersedes all previous contracts, agreements,
negotiations or understandings, whether written or oral, between the parties. Employee shall
be entitled to no other benefits than those specified herein, and Employee acknowledges that no
representations, inducements or promises not contained in this Contract have been made to
Employee to induce Employee to enter into this Contract. No changes, amendments, or
alterations hereto shall be effective unless in writing and signed by both parties. Employee
specifically acknowledges that in entering into and executing this Contract, Employee relies
solely upon the provisions contained in this Contract and no others.
10. Non - Assignment of Contract. This Contract is intended to secure the individual
services of the Employee and thus Employee shall not assign, transfer, delegate, or sublet this
Contract or any interest therein without the prior written consent of City, and any such
assignment, transfer, delegate, or sublet this Contract or any interest therein without the prior
written consent of City, and any such assignment, transfer, delegation, or sublet without the
City's prior written consent shall be considered null and void.
11. Covenant. This Contract has been executed and delivered in the State of California,
4
and the validity, enforceability and interpretation of any of the clauses of this Contract shall be
determined and governed by the laws of the State of California. All duties and obligations of
the parties created hereunder are performable in the City of San Luis Obispo, and such City
shall be that venue for any action, or proceeding that may be brought, or arise out of, in
connection with or by reason of the Contract.
12. Nondiscrimination. There shall be no discrimination against any person employed
pursuant to this contract in any manner forbidden by law.
13. Conflicts of Interest. The employee shall not participate in any decision related to
this Contract which affects her personal interest or the interest of any corporation, partnership,
or association in which she is directly or indirectly interested.
14. Convrieht. Any reports,- maps, documents or other materials produced in whole or
part under this Contract shall be the property of the City and shall not be subject to an
application for copyright by or on behalf of Employee, without the prior written approval of the
City.
15. Outside Employment. Conduct and Behavior.
a. Employee may engage in outside activities such as part-time teaching,
consulting, or in other similar activities unrelated to City .business only with the express prior
approval of the City Administrative Officer.
b. Employee shall comply with all local and state requirements regarding
conflicts -of- interest and shall avoid personal involvement in situations which are inconsistent or
incompatible with the position of BIA Administrator or give rise to the appearance of
impropriety.
5
16. Enforceability. If any terms, covenant, condition or provision of this agreement is
held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of
the provisions herein shall remain in full force and effect and shall in no way be affected,
impaired or invalidated thereby.
IN WITNESS WHEREOF, City and Employee have executed this Contract on the day
and year first hereinabove set forth.
AT EST:
-FiT Clerk Pam V)ges
CONCUR:
tto ey
Finance Director � I/
Personnel Director
sl- the <m
CITY OF SAN LUIS OBISPO
-
BY: e Nwaft
Mayor Ron Dunin
EMPLOYEE: ' ✓`^�
Lyn Block
11
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RESOLUTION NO. 8046(1992 Series)
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AMENDMENTS TO A CONSULTANT SERVICE AGREEMENT
BETWEEN THE CITY AND DKS ASSOCIATES FOR CIRCULATION STUDIES
WHEREAS, City and DKS Associates entered into a services agreement on November
157 1989 for DKS Associates to conduct circulation studies related to the preparation of a draft
General Plan Circulation Element; and
WHEREAS, DKS Associates _ has completed the majority of the work outlined by this
prior services agreement with the exception of neighborhood traffic management strategies,
final work on a trip reduction program and other incidental services; and
WHEREAS, City wants to change the scope of the prior services agreement to reflect
its desire for DKS Associates to focus on other transportation studies not covered by the parent
agreement; and
WHEREAS, City desires to sustain its previous decision to terminate any further work
on city- sponsored trip reduction ordinances, and to also delete consultant work on neighborhood
traffic management plans at this time;
WHEREAS, City and DKS Associates have agreed upon a revised scope of work and
compensations schedule for carrying out the desired transportation studies.
NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO as follows:
Section 1.
The new consultant services agreement, attached herein as Exhibit "A" and incorporated
by reference, is hereby approved and the Mayor is authorized to execute the same..
Section 2.
The City Clerk shall furnish a copy of this resolution and a copy of the approved
consultant services agreement to the City Director of Finance, Director of Community
Development and DKS Associates.
On motion of Vice -Mayor Rappa.._-. , seconded by Councilman Reiss , and
on the following roll call vote:
AYES: Vice -Mayor Rappa, Councilman Reiss, and Mayor Dunin
NOES: Councilmembers Pinard and ROalman
ABSENT: None
The foregoing Resolution was passed and adopted this 18 day of August, 1992.
R -8046
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Page 2 -- Resolution No. 8046(1992 Series)
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faFer-ro'n Dunin
APPROVED
John D , City Administrative Officer
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Community
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City Clerk Pam VoAps
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A- 81 -92 —CC
CONSULTANT'S SERVICES AGREEMENT
This agreement, made this 2,L day of Au use 1992, by and between the CITY OF SAN
LUIS OBISPO, California (hereinafter referred to as "City"), and DKS Associates, a California
corporation of Oakland, California (hereinafter referred to as "Consultant ").
WIT'NESSETH:
WHEREAS, City desires to retain certain services in conjunction with the completion of
the General Plan Circulation Element. The services being provided by this consultant under this
contract include assisting City staff in evaluating: (1) trip reduction methods for traffic on
Highway 1;.(2) operational changes to Santa Rosa Street north of Highway 101; (3) widening
Santa Rosa Street or, as an alternative, building a Route 1 reliever highway; (3) closure of Broad
and Osos Street freeway ramps; and (4) alternative alignments to Prado Road near Broad Street.
WHEREAS, City desires to engage Consultant to provide services by reason of its
qualifications and experience for performing such services, and Consultant has offered to provide
the required services on the terms and in the manner set forth herein.
WHEREAS, this agreement supersedes all previous agreements made between City and
Consultant (reference Consultant Services Agreement dated November 15, 1989).
NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree
as follows:
1. PROJECT COORDINATION
a. City. The Community Development Director shall be the representative of the
City for all purposes under this agreement. The director, or the director's
designated representative, hereby is designated as the Project Manager for the
City. The director or the director's designated representative shall supervise the
progress and execution of this agreement.
\, b. Consultant. Consultant shall assign a single Project Manager to have overall
responsibility for the progress and execution of this agreement for Consultant.
Michael Kennedy is hereby designated as the Project Manager for Consultant.
Should circumstances or conditions subsequent to the execution of this agreement
require a substitute Project Manager for any reason, the Project Manager designee
shall be subject to the prior written acceptance and approval of the Director.
Consultant's Project Team is identified in Exhibit "B" ( The Consulting Team)
attached hereto and incorporated herein by this reference. The individuals
identified to complete the work shall not be changed except by prior written
approval of City.
A- 81 -92 —CC (R -8046)
2. DUTIES OF CONSULTANT
a. Services to be furnished. Consultant shall provide all specified services as set
forth in Exhibit "A" (Scope of Work) attached hereto and incorporated herein by
this reference. Consultant may not amend the Scope of Work, either to modify
provisions or to add or delete provisions, without prior written consent of the
City's Project Manager.
b. Quality Control. All instruments of service shall reflect high standards of
professional research, analysis, and written and graphic communication. The
Community Development Director shall be responsible for evaluating the quality
of Consultant's work and for the issuance of consultant payments upon
completion, delivery, and city acceptance of work.
C. Laws to be observed. Consultant shall:
(1) Procure all permits and licenses, pay all charges and fees, and give all
notices which may be necessary and incidental to the due and lawful
prosecution of the services to be performed by Consultant under this
agreement;
(2) Keep itself fully informed of all existing and proposed federal, state and
local laws, ordinances, regulations, orders, and decrees which may affect
those engaged or employed under this agreement, any materials used in
Consultant's performance under this agreement, or the conduct of the
services under this agreement; and the services to be provided under this
agreement.
(3) At all times observe and comply with, and cause all of its employees to
observe and comply with all of said laws, ordinances, regulations, orders,
and decrees mentioned above.
(4) Immediately report to the City's Project. Manager in writing any
discrepancy or inconsistency it discovers in said laws, ordinances.,
regulations, orders, and decrees mentioned above in relation to any plans,
drawings, specifications, or provisions of this agreement.
d. Release of reports and information. Any reports, information, data, or other
material given to, or prepared or assembled by, Consultant under this agreement
shall be the property of City and shall not be made available to any individual or
organization by Consultant without the prior written approval of the City's Project
Manager.
e. Copies of reports and information. If City requests additional copies of reports,
drawings, specifications, or any other material in addition to what the Consultant
is required to furnish in limited quantities as part of the services under this
agreement, Consultant shall provide such additional copies as are requested, and
City shall compensate Consultant for the costs of duplicating of such copies at
Consultant's direct expense.
3. DUTIES OF CITY
City agrees to cooperate with consultant in the completion of the work described in Exhibit "A"
attached hereto and incorporated by this reference.
4. COMPENSATION
Compensation shall be provided consultant as shown on Exhibit "B" -- Compensation Schedule.
Consultant shall bill City monthly for labor and direct expenses based upon approved percent
completion of work tasks as described in Exhibit "A" and listed on Exhibit "B." City will pay
such bills within 30 days of receipt provided there is no dispute regarding successful completion
of work. In the event said invoice is not approved, City shall notify Consultant within ten (10)
days of receipt of invoice of any disputed portion of the invoice. City and Consultant shall make
reasonable efforts to settle disputed amounts in a timely manner. City shall pay undisputed
amount, within thirty (30) days of receipt of invoice.
The Consultant may not charge more than the amount shown in Exhibit "B" without prior
written approval of the City's Project Manager.
5. TIME OF COMPLETION OF THE WORK
Work described in Exhibit A shall be completed within eight weeks (56 days) of the execution
date of this agreement unless time extensions are approved by the City's Project Manager and
the consultant in writing.
Time extensions may be allowed for delays caused by City, other governmental agencies, or
factors not directly brought about by the negligence or lack of due care on the part of the
Consultant.
6. TEMPORARY SUSPENSION
The Community Development Director shall have the authority to suspend this agreement wholly
or in part, for such period as the director deems necessary due to unfavorable conditions or to
the failure on the part of the Consultant to perform any provision of this agreement. Consultant
will be paid the compensation due and payable to the date of temporary suspension.
7. SUSPENSION: TERMINATION
a. Right to suspend or terminate. The city retains the right to terminate this
agreement for any reason by notifying Consultant in writing seven days prior to
termination and by paying the compensation due and payable to the date of
termination; provided, however, if this agreement is terminated for fault of
Consultant, City shall be obligated to compensate Consultant only for that portion
of Consultant services which are of benefit to City. Said compensation is to be
arrived at by mutual agreement of the City and Consultant and should they fail
to agree, then an independent arbitrator is to be appointed and the arbitrator's
decision shall be binding upon the parties.
b. Return of materials. Upon such termination, Consultant shall turn over to the
City immediately any and all copies of studies, sketches, dmwings,.computations,
and other data, whether or not completed, prepared by Consultant, and for which
Consultant has received reasonable compensation, or given to Consultant in
connection with this agreement. Such materials shall become the permanent
property of City. Consultant, however, shall not be liable for City's use of
incomplete materials or for City's use of complete documents if used for other
than the project contemplated by this agreement.
8. INSPECTION
Consultant shall furnish city with every reasonable opportunity for City to ascertain that the
services of Consultant are being performed in accordance with the requirements and intentions
of this agreement. All work done and all materials furnished, if any, shall be subject to the
City's Project Manager's inspection and approval. The inspection of such work shall not relieve
Consultant of any of its obligations to fulfill its agreement as prescribed.
9. OWNERSHIP OF MATERIALS
All original drawings, plan documents and other materials prepared by or in possession of
Consultant pursuant to this agreement shall become the permanent property of the City, and shall
be delivered to the City upon demand. Consultant, however, shall not be liable for City's use
of incomplete materials or for City's use of complete documents if used for other than the
project contemplated by this agreement.
10. INDEPENDENT JUDGMENT
Failure of City to agree with Consultant's independent findings, conclusions, or
recommendations, if the same are called for under this agreement, on the basis of differences
in matters of judgment shall not be construed as a failure on the part of Consultant to meet the
requirements of this agreement.
11. NOTICES
All notices hereinunder shall be given in writing and mailed, postage prepaid, by Certified Mail,
addresses as follows:
To City: Terry Sanville
Community Development Department
City of San Luis Obispo
P.O. Box 8100
San Luis Obispo, CA 93403 -8100
To Consultant: DKS Associates
1956 Webster Street, Suite 300
Oakland, CA 94612
12. INTEREST OF CONSULTANT
Consultant covenants that it presently has no interest, and shall not acquire any interest, direct
or indirect, financial or otherwise, which would conflict in any manner or degree with the
performance of the services hereunder. Consultant further covenants that, in the performance
of this agreement, no subcontractor or person having such an interest shall be employed.
Consultant certifies that no one who has or will have any financial interest under this agreement
is an officer or employee of City.
13. CONSULTANT AS INDEPENDENT CONTRACTOR
Consultant and City agree that Consultant is an independent contractor with respect to the
services provided pursuant to this agreement. Nothing in this agreement shall be considered to
create the relationship of employer and employee between parties.
14. INDEMNITY
Consultant hereby agrees to indemnify and hold harmless City, its officers, agents and
employees of and from:
a. Any and all claims and demands which may be made against City, its officers,
agents, or employees by reason of any injury to or death of any person or
corporation caused by any negligent act or omission of Consultant under this
agreement or of Consultant's employees or agents;
b. Any and all damage to or destruction of the property of City, its officers, agents,
or employees occupied or used by or in the care, custody, or control of
Consultant, or in proximity to the site of Consultant's work, caused by any
negligent act or omission of Consultant under this agreement or of Consultant's
employees or agents;
C. Any and all claims and demands which may be made against City, its officers,
agents, or employees by reason of any injury to or death of or damage suffered
or sustained by any employee or agent of Consultant under this agreement,
however caused, excepting, however, any such claims and demands which are the
result of the negligence or willful misconduct of City, its officers, agents, or
employees;
d. Any and all claims and demands which may be made against City, its officers,
agents, or employees by reason of any infringement or alleged infringement of
any patent rights or claims caused by the use of any apparatus, appliance, or
materials furnished by Consultant under this agreement; and
e. Any and all penalties imposed or damages sought on account of the violation of
any law or regulation or of any term or condition of any permit, when said
violation of any law or regulation or of any term or condition of any permit is
due to negligence on the part of the Consultant.
Consultant agrees to save, keep and hold harmless City form and against all claims, costs, suits,
and damages, including defense costs and attorney's fees, that may at any time arise because of
damage to property or injury to persons received or suffered by reason of the operation of
Consultant, its officers, employees, or agents, which may be occasioned by any negligent act
or omission to act which amounts to negligence on the part of Consultant.
15. WORKERS COMPENSATION
Consultant certifies that it is aware of the provisions of the Labor Code of the State of
California, which require, every employer to be insured against liability for workers
compensation or to undertake self - insurance in accordance with the provisions of that code, and
it certifies that it will comply with such provisions before commencing the performance of the
work of this agreement.
16. INSURANCE
Consultant shall provide proof, satisfactory to the City, of comprehensive general liability
insurance in the amount of $1,000,000 per occurrence and annual aggregate, automobile liability
insurance in the amount of $1,000,000 combined single limits per occurrence, and professional
liability insurance in the amount of $1,000,000 per claim and annual aggregate.
17. AGREEMENT BINDING
The terms, covenants, and conditions of this agreement shall apply to, and shall bind, the heirs,
successors, executors, administrators, assigns, and subcontractors of both parties.
C
18. WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this
agreement or of any provision, ordinance, or law shall not be deemed to be a waiver of any
subsequent breach of violation of the same or of any other term, covenant, condition, ordinance,
or law. The subsequent acceptance by either party of any fee or other money which may
become due hereunder shall not be deemed to be a waiver of any preceding breach or violation
by the other party of any term, covenant, or condition of this agreement or of any applicable law
or ordinance.
19. COSTS AND ATTORNEY'S FEES
The prevailing party in any action between the parties to this agreement brought to enforce the
terms of this agreement or arising out of this agreement may recover its reasonable costs and
attorney's fees expended in connection with such an action from the other party.
20. DISCRIMINATION
No discrimination shall be made in the employment of persons under this agreement because of
the race, color, national origin, ancestry, religion or sex of such person. If Consultant is found
in violation of the nondiscrimination provisions of the State of California Fair Employment
Practices Act or similar provisions of federal law or executive order in the performance of this
agreement, it shall thereby be found in material breach of this agreement. Thereupon, City shall
have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the
amount payable to Consultant the sum of Twenty -five Dollars ($25) for each person for each
calendar day during which such person was discriminated against, as damages for said breach
of contract, or both. Only a finding of the State of California Fair Employment Practices
Commission or the equivalent federal agency or officer shall constitute evidence of a violation
of contract under this paragraph.
If Consultant is found in violation of the nondiscrimination provisions of this agreement or the
applicable affirmative action guidelines pertaining to this agreement, Consultant shall be found
in material breach of the agreement. Thereupon, City shall have the power to cancel or suspend
this agreement, in whole or in part, or to deduct from the amount payable to Consultant the sum
of Two Hundred Fifty Dollars ($250) for each calendar day during which Consultant is found
to have been in such noncompliance as damages for said breach of contract, or both.
21. AGREEMENT CONTAINS ALL UNDERSTANDINGS
This document represents the entire and integrated agreement between City and Consultant and
supersedes all prior negotiations, representations, or agreements, either written or oral. This
document may be amended only by written instrument, signed by both City and Consultant. All
provisions of this agreement are expressly made conditions. This agreement shall be governed
by the laws of the State of California.
IN WITNESS WHEREOF, City and Consultant have executed this agreement the day and year
first above written.
CONSULTANT
By
CITY OF SAN LUIS OBISPO
By
Mayor
Attest UA
By:
An Voges, C Clerk
T9 1:
SCOPE OF WORK
SUPPLEMENTARY CIRCULATION ANALYSIS
DRAFT CIRCULATION ELEMENT EIR
CITY OF SAN LUIS OBISPO
Background
On February 24, 1992 and again on March 9, 1992 the City Council discussed 16 issues that
were related to the draft Circulation Element. The Council's resolution of some of these issues
will require that additional work to be done by staff and transportation consultants and by the
consultant charged with preparing a draft and final Environmental Impact Report.
The following describes the work to be done and who is to do it.
1. SANTA ROSA STREETIROUTE 1 TRAFFIC STUDIES
A. Introduction
The City Council was not willing to select either the Highway 1 reliever route or the Santa
Rosa Street widening project as a method of addressing traffic growth and resultant congestion
on the Highway 1 corridor. Council members requested that a systematic evaluation of
alternatives be done to determine their advantages and disadvantages.
Five alternatives to be evaluated and factors to evaluate are shown in the table on the following
page. In addition to these alternatives, the combination of alternative #2 (Alternative Modes)
and alternative #3 (Operational Changes) should be evaluated.
B. Definition of Alternatives
DKS associates will be responsible for describing Alternatives two through five. Each
alternative should be developed to sufficient detail to allow a "program level" evaluation of
their benefits and deficits (impacts) and their inclusion in the Circulation Element if deemed
appropriate by the City Council. City staff (engineering and planning) will be available to
provide input into the description of alternatives.
C. Analysis of Alternatives
DKS Associates, in cooperation with the City, will be responsible for documenting the overall
traffic impacts of Alternative #2 through Alternative #5 and a combination of Alternatives #2
and #3. The City will be responsible for conducting computer traffic model analysis where
appropriate to document the circulation effects of Alternative #1 through #5. This work will
include a comparative analysis of LOS changes on key segments of the street network for
Alternatives #4 and #5.
DKS will be responsible for estimating the total cost of each alternative package as well as
the fiscal impact to the City of implementing Alternatives #2 through #5, based on the
following assumptions:
Alternative #2 (Alternative Modes): 100% of the administrative cost would be paid by
the Air Pollution Control District and affected agencies.
Hiehwav 1 Transportation and Environmental Analysis
ALTERNATIVE PROJECTS
1. No Project: no changes are made to Santa Rosa Street and the Highway 1 reliever route is not constructed.
2. Alternative Modes. Specific programs are established to reduce traffic on Highway 1 including trip reduction
programs for.
(a) Cuesta College (staff /faculty/and students)
(b) Cal Poly (north coast traffic segment)
(c) California Men's colony (staff and visitors).,
(d) Hearst Castle (staff and visitors)
(e) Commute traffic from the north coast (eg. APCD TR program).
3. Operational Changes: make changes within the existing ROW that have limited land use impacts but improve
traffic flow including:
(a) Install right turn pocket on Foothill eastbound at Santa Rosa.
(b) Install two lane free flow underpass for Foothill Boulevard, thereby increasing green time for Santa Rosa
Street.
(c) Add second left turn pocket for southbound Highway 1 traffic turning left onto Foothill.
(d) Prevent left hand turns off of Santa Rosa Street and except at intersections; eliminate driveway access
where cross street access is available; install a continuous median.
(e) Eliminate access onto Santa Rosa from Murray and increase green time for Santa Rosa Street traffic.
(f) Install right -hand turn pocket at Olive Street for north -bound traffic sign it as primary access to Highway
101 rather than a left turn on Olive Street .
(g) Sign that encourages southbound traffic on Santa Rosa to turn right on Olive Street rather than left to
access Highway 101.
(h) Extend the right -hand turn pocket on Santa Rosa at Olive Street.
4. Widen Santa Rosa Street: widen the street to 6 lanes between Highland and 101 and with limited interchange
improvements.
5. Highway 1 Reliever, two aligrunents: Cuesta College to Marsh Street; Cuesta
College to Los Osos Valley Road.
EVALUATION FACTORS
1.
Environmental Impacts
2.
Cost (total and Cost to City)
3.
Downtown Business Impacts
4.
Neighborhood Quality .
5.
Ease of Implementation
6.
Overall Circulation Impacts`
Alternative #3 (Operational Changes): The City would pay 100% of the cost of these
changes.
Alternative #4 (Santa Rosa Street Widening): The City would pay 25 % of the capital
cost of this project plus the cost of relocating any City facilities (eg. the Police Station).
Alternative #5 (The Highway 1 Bypass Route): The City would pay 5 % of the capital
cost of this project, with the State paying for the rest as a route of regional significance).
Fugro- McClelland would be responsible for determining the environmental impacts,
neighborhood quality effects, and ease of implementation of Alternatives #1 through 5 and
incorporating a synopsis of all analysis produced by staff, DKS and Fugro-McClelland in the
draft EIR.
D. Materials Available
The following information is available to DKS Associates and Fugro - McClelland that can assist
with the definition of alterative programs:
Alternative #2 (Alternative Modes):
Employer Trip Reduction Programs, Appendix D 1992 Clean Air Plan
School Trip Reduction Programs, Appendix D, 1992 Clean Air Plan
Distribution of Cal Poly student population by zip code
Distribution of Cuesta College student population by zip code
Alternative #3 (Operational Changes):
Counter book pages (Scale 1" = 100') showing land use along Santa Rosa Street
Traffic counts for segments of Santa Rosa Street, pertinent cross streets, and interchange
ramps.
Alternative #5 (Santa Rosa Street Widening):
Route 1 Corridor Study (Available from Area Coordinating Council Office, contact
Mike'Harmon at 549 -5729)
Route 1 Concept Report (Caltrans, 1986)
Counter Book Pages showing adjoining land use
Alternative #6 (Highway 1 Reliever Route)
SLO Regional Transportation Study, Phase III Technical Report, JHK/EDAW Inc.,
November, 1974 (contact Mike Harmon, Area Coordinating Council, at 549 -5729)
Aerial Photographs (1984, 1" =200' for area between Highway 101 and Foothill Blvd.)
2. PRADO ROAD STUDIES
A. Introduction
The City Council was concerned about the widening of Broad Street to six lanes between Tank
Farm Road and the proposed .intersection of Prado Road at Industrial Way. The widening
would be needed to handle the volumes of traffic and turning movements caused by airport
area development. The Council was also concerned about having two intersections too closely
spaced along State Highway 227. As an alternative to a new intersection at Prado and Industrial
Way, some council members felt that Prado Road might be linked to Tank Farm Road west of
Broad Street which might alleviate the need to widen Broad Street.
The staff indicated that an alternative alignment would be studied and be part of the EIR
evaluation.
B. Definition of Alternatives
City staff (planning and engineering) will take the lead in identifying an alternative alignment
for Prado Road. DKS Associates will review City staff work and provide feedback as
appropriate. Three circulation options will be evaluated (see attached map):
1. Prado /Industrial Way Connection: the project described in the draft Circulation Element.
2. New Prado Road Alignment: extend Prado Road eastward, then south through the
Union Oil property west of Acacia Creek to link with Tank Farm Road.
3. Tank Farm/Prado Connector: extend Prado Road eastward as described in Alternative
#1; establish a arterial street west of Acacia Creek that would connect Tank Farm Road
and Prado Road.
C. Analysis of Alternatives
City staff will be responsible for completing computer model evaluation of the alternatives and
for evaluating the overall circulation effects of the alternative configurations. DKS associates
will be available to review results of the computer modeling and staff analysis and provide
feedback. The analysis must address whether alternative alignments for Prado Road will
alleviate the need for widening Broad Street to six lanes from Tank Farm Road to Industrial
Way.
Fugro-McClelland will be responsible for including a synopsis of the circulation analysis in
the draft EIR and for evaluating the environmental effects of the alternatives described above.
3. SOUTH STREET EXTENSION CIRCULATION ANALYSIS
A. Definition of Alternatives
The City Council has included a project to extend South Street eastward to connect with Bishop
Street and Johnson Avenue. A railroad crossing (an overpass or an underpass) is needed to
make the connection. To better document the circulation effects of this project, the City staff
will evaluate including and excluding this project as part of the City's street network.
B. Analysis of Alternatives
The staff will evaluate the effects of the South Street extension project on area wide circulation
by using the computer model to determine the effects of including or excluding the project. The
extension of South Street will be modeled as a two lane lane residential arterial street.
Fugro McClelland will include a synopsis of the circulation analysis in the draft EIR.
4. BROAD AND OSOS STREET FREEWAY RAMP CLOSURES
A. Introduction
The Planning Commission had recommended that Osos and Broad Street freeway ramps be
closed if improvements were made to the Santa Rosa Street interchange. The City Council did
support the ramp closures. However, the Council suggested that further analysis is needed.
B. Analysis of Alternatives
The City staff will evaluate the following alternatives using the computer model:
1. Maintaining the existing freeway ramps at Osos and Broad (both sides of freeway).
2. Closing all freeway ramps at Osos and Broad Streets.
3. Closing only the Broad Street ramps (both side of the freeway)
City staff will be responsible for describing the overall circulation impacts of these alternatives.
DKS will review staff work and provide feedback and support. Fugro-McClelland will provide
a synopsis of this evaluation in the draft EIR and evaluate the relative neighborhood impacts
of the alternatives.
EXHIBIT "A" (Continued)
®KS Associates
7956 Webster Street, Suite 300
Oakland, CA 94612-2939
(510) 763-2067
Fax: (510) 268 -1739
July 16, 1992
Mr..Terry Sanville
Principal Planner
City of San Luis Obispo
P. O. Box 8100
San Luis Obispo, CA 93403 -8100
Subject: Revisions of Work Scope - Circulation
Dear Terry:
P89265x0
We are pleased to submit below a work scope, budget and schedule for supplemental circulation
analysis described in your letter of May 29, 1992.
WORK SCOPE
The following scope of services to further analyse the identified issues and alternatives are
based upon your letter and our telephone discussion yesterday.
1. Santa Rosa Street/Route 1 Traffic Studies
DKS will describe and document traffic impacts of alternatives . for improving Santa
Rosa/Highway 1, focusing on the critical segment between US 101 and Foothill Boulevard. Our
role will include defining the concept alternatives (including mapping where necessary) and
evaluating traffic impacts at a planning level.
1.1 Alternative Modes
• Review existing Trip Reduction programs and available travel characteristics of Cuesta
College, Cal Poly, CMC, Hearst Castle and SLO APCD relating to travel in the
Highway 1 Corridor. (City staff to obtain data and information from the generators.)
• Identify potential new Trip Reduction programs for Highway 1 traffic generators.
t,
Mr. Terry Sanville
July 16, 1992
Page 2
• In conjunction with City staff; define reasonable range of traffic reduction potential
and potential effects on Highway 1 traffic levels and resulting levels of service. (The
upper end of the range should perhaps reflect achievement of APCD AVR goals.)
The above analysis is intended to use available data and judgement to further assess alternative
modes. A more definitive analysis would require motorist surveys to determine the makeup of
existing Highway 1 travelers; this is not included in the scope.
1.2 Operational Strategies
These alternatives involve revising lane configurations within the available right -of -way between
Walnut Street and Foothill Boulevard, a distance of 3200 feet. The City will provide aerial
photo base maps at a scale of 1 "= 40 feet for this segment. The City will also provide mapping
to approximately locate ROW lines on the aerial photo base maps. We have not included in
our scope of work any field measuring of physical features or property lines or rectification of
aerial photographs.
Our scope would include:
• Telephone conference with City traffic engineering staff to identify all reasonable
traffic operational strategies, starting with the list provided in your letter
• Obtain from city or Caltrans information on existing traffic signal phasing and turning
movement counts
• Sketch alternative strategies on aerial photo base maps
• Draft the agreed upon improvements
• Prepare planning level cost estimates for agreed upon improvements
• Evaluate and document potential traffic level of service benefits (planning level).
Please note that we have not included in our analysis a detailed 'operational analysis" of
Highway 1 to consider effects of traffic signal phasing/coordination and queuing along Santa
Rosa Street. This would provide a much more definitive answer about the future level of
service impacts but would require a significantly greater level of effort and recent turning
movement counts at all intersections. If the operational strategies look promising, the City
might want to do this more detailed analysis in the future.
Please also note that a Foothill Boulevard undercrossing of Santa Rosa Avenue is not included
in this task. This is because it is a relatively high cost project involving a structure and possibly
right -of -way acquisition, and is an alternative to the operational changes being studied. It would
be more appropriate to sketch an undercrossing plan as an alternative in Task 1.3, but this
1
Mr. Terry Sanville
July 16, 1992
Page 3
1.3 Santa Rosa Widening
This task would provide working sketches of edge of pavement and ROW lines for widening
Santa Rosa to six lanes, using the base maps from Task 1.2. A planning level cost estimate for
construction would be developed It is assumed that the city would provide allowances for
ROW acquisition costs (on a square foot basis) and building displacement.
1.4 Route 1 Reliever Routes
This would be a conceptual level analysis of two alternative alignments for a Route 1 Reliever
from Cuesta College to downtown San Luis Obispo. One of the alignments would be based on
prior Caltrans route plans. The alignments would be sketched onto USGS maps sufficiently for
analysis purposes and would be checked for land use conflicts against available County assessor's
or other up -to -date maps. _It is assumed that the City will obtain the County mapping and prior
Caltrans mapping. No attempt would be made to optimize or prepare plans or profiles for the
routes.
• Obtain USGS maps at 1" =2000 feet scale for working map purposes
• Obtain other maps showing current land uses and prior alignment studies from City
• Prepare working sketch of each route
• Prepare planning level cost estimate
• Review City's traffic forecasts for the routes
2. Prado Road Studies
DKS will review city options for Prado Road and provide feedback as appropriate. A total of
5 hours of DKS effort is assumed.
3. South Street Extension Circulation Analysis
No DKS involvement.
4. Broad and Osos Street Freeway Ramp Closures
DKS will review city's analysis and provide feedback and support. A total of 5 hours of DKS
effort is assumed.
One potential area for the city (or alternatively Caltrans or the ACC) to explore is the
adequacy of the freeway weaving sections with the existing ramp configurations under future
Mr. Terry Sanville
July 16, 1992
Page 4
traffic volumes. This could be an important factor in evaluating whether one or more ramps
should be closed.
BUDGET
We estimate that the above services would cost $19,840 to complete. A breakdown of the
estimated cost is shown on the accompanying table. The major task is operational
improvements for Santa Rosa, due to the need for mapping in sufficient detail to confirm the
viability of the alternatives.
About $16,000 could be. funded from our existing contract for services using funds originally
allocated for the TRO or other services no longer required. This leaves a potential shortfall
of about $4,000 for the supplemental traffic circulation analysis. An additional $45,000 remains
in our existing contract for neighborhood traffic studies which have not yet been done. At the
City's option, some of this budget could be reallocated to fund the supplemental analysis.
Please note that, with a two -year delay that has occurred in starting the neighborhood studies,
some adjustment to the neighborhood traffic study budget or scope may be needed in any case
to reflect higher salary rates and the cost of restarting work.
If • further changes in the work scope are necessary to reduce the cost of supplemental traffic
analysis, we would recommend these be in the form of eliminating one or more of the tasks
rather than reducing level of effort of the individual tasks.
SCHEDULE
We estimate that the above work can be accomplished in about six to eight weeks, assuming no
delays in obtaining base maps or other input data. This allows some time for staff review and
coordination during the plan development process.
If you have any questions about the above work program, please contact me. We look forward
to working with you and the EIR consultants to help the City finalize its Circulation Element
update.
Sincerely,
DKS ASSOCIATES
A CaliforniaJJ Corporation
Michael A. Kennedy /
Principal
MAK/slosupp.scp
EXHIBIT "B"
Cost Estimate — San Luis Obispo Supplemental Circulation Analysis
Hours
Task
MAK DJP /PRO ES /TXC
I.1 Alternative Modes
Review existing 1 8
Identify programs . 8
Assessment 2 12
1.2 Operational Strategies
Identify alts.
Sketch alts.
Review signal ops.
Drafting
Cost estimates
Traffic analysis
1.3 Widening
Estimate property lines
Drafting
Cost estimates
1.4 Route 1 Reliever Routes
Obtain Maps
Field review
Alignments
Cost Estimates
Traffic Analysis
'_..0 Prado Road
Review /feedback
;.0 Broad /Osos Ramps
Review /feedback
2
H.
2
4
7
4
40
16
16
2
4
4
(7—'
Support Labor
Staff Cost
ODC* Total
$670
$670
$560
$560
8 $1,540
$100 $1,640
$880
$2,800
$760
16 $1,100
$1,310
8 $2,480
$140
12 $1,000
4 $710
8 8
2 16
4
4
4
$280
$0
$1,540
$1,310
$680
i. • ` /
i-m
$2,870
Votal 21 34 144 52 $18,740 $1,100 $19,840
Other Direct Costs include travel /subsistence, computer processing, prints /photocopies, etc.
16— Jul -92
$880
$2,800
$300
$1,060
$100
$1,200
$1,310
$100
jz,5E
$9,830
$140
$100
$1,100
710
$1,950
$200
$480
$0
$100
$1,640
$1,310
$100
$780
$4,210
$490
$490
$490
Votal 21 34 144 52 $18,740 $1,100 $19,840
Other Direct Costs include travel /subsistence, computer processing, prints /photocopies, etc.
16— Jul -92
RESOLUTION NO. 8045
�- i 992 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AGREEMENT WITH THE COUNTY OF SAN LUIS OBISPO
FOR ANIMAL REGULATION SERVICES FOR 1992 -93 FISCAL YEARS..
Be it resolved by the Council of the City of San Luis Obispo as follows:
Section 1. That the agreement with the County of Sari Luis Obispo for Animal
Regulation services for fiscal years 1992 -93, (Exhibit A) has been reviewed and is
approved.
Section 2- That the Mayor is hereby authorized to enact the agreement.
On motion of Vice -Mayor Rappa , seconded by Councilwoman _Pinar &nd
on the following roll call vote:
AYES: Vice -Mayor Rappa, Councilmembers..Pinard, Reiss, and:MMayor Dunin
NOES: Councilmember Roalman
ABSENT: None
the foregoing resolution was passed and adopted this lsth day of August
1992.
ATTEST:
PAM VOG S, CITY
APPROVED:
CITY ADMINISTRATIVE OFFICER
{C6� WILLIAM STA LER, FINANCE
POLICE
R -8045
(A- 80- 92 -CC)
��\� ;�
JJRR••UU �, �'
V
A- 80 -92 —CC
AGREEMENT FOR
ANIMAL CONTROL SERVICES
This Agreement is made and entered into this 1 st day of July, 1992, by and between t County of
San Luis Obispo, hereinafter referred to as "County ", and the City of San Luis Obispo , here' after referred
to as "City ".
WITNESSETH:
THAT WHEREAS, The City is desirous of contracting with the Cou for performance of the
hereinafter described animal control services within its boundaries by the Cou of San Luis Obispo through
the Department of Animal Regulation; and
WHEREAS, the County is agreeable to providing such services in cordance with the provisions of
the San Luis Obispo County Code Title 9 which provides for the licensing dogs, the establishment of a public
pound, and for the collection and care of stray, diseased and vicious imals; and
WHEREAS, the County of San Luis Obispo has established a Department of. Animal Regulation to
enforce the ordinances of the County Code Title 9 withi e u i rporated areas of the County; and
WHEREAS, the City is desirous of contracting f r 'd mal Control Service.
NOW, THEREFORE, IT IS AGREED AS FOLLO
1. Services - Defined
A. Definitions - used throughout as f%110
B.
1) Household Pets or
hamsters, rabbits; turtl
household pets.
L
means but is not limited to cats, dogs, canaries, fish,
and other kindred animals usually and ordinarily kept as
2) Livestock or Ials means horses, ponies, mules, cattle, goats, swine and all other
domestic or domestic d animals other than household pets.
3) Small rqfans racoons, possums, foxes and other similar sized wildlife.
4) 6eWWYdlj/e means deer, mountain lions, or other similar sized or larger sized wildlife.
are defined as follows:
es associated with insuring that dogs and cats are vaccinated against rabies and that
licensed in accordance with local ordinances.
The receipt of household pets at the shelter or at drop off kennels.
3) Sheltering of all household pets received at the shelter in accordance with state regulations,
local ordinances, and policies governing humane treatment of such animals.
Page 1 of 8
A- 80 -92 —CC (R8045)
4) The capture or attempted capture of dogs running loose in violation of leash laws or other
loose animals which would pose a hazard to health or safety.
5) Services for returning impounded animals to their owners, adoption of or humane
destruction of animals received or brought to the shelter.
6) Emergency services for injured stray dogs or cats, dogs causing an immediate threat to
public safety or suspect rabid animals.
a) Calls for response within the City limits after normal business hours will be referred
to the Watch Commander at the Police Department for approval. The Watch
Commander will determine whether the call will be referred to Animal Regulation.
7) Investigation of all animal bites involving humans and the quarantine of biting animals.
8) Investigations of exposures to rabid animals or suspect rabid animals at large and the
quarantine or destruction of animals which were in contact with rabid animals.
9) Dead Animal Pick up : pick up of dead household pets or small wildlife in residential areas.
C. City Requested Services - defined as follows:
1) Services associated with the investigation and resolution of nuisance complaints involving
animals, including barking or other noise complaints, leash law violation complaints and
unsanitary conditions complaints.
2) Services associated with the preparation of cases for prosecution and court actions on
"multiple bite" or vicious dogs.
3) Services associated with the investigation and prosecution of cases involving animal
cruelty.
4) Emergency or after hour services for any other reason than the Basic Package. Emergency
services in this category are limited to:
a) Sick dogs or cats.
b) Arrest hold animals.
c) Calls that have been approved by the Watch Commander and referred to Animal
Regulation.
Page 2 of 8
D. Citizen Requested Services - any service such as owned animal pick up, which is performed for the
convenience of the citizen and for which the individual requesting the service is charged a fee. Defined
as follows:
1) Owned Animal Pick Up
2) Owned Dead Animal Pick Up
3) Euthanasia of Owned Animals
4) Transportation to Veterinarians of Owned Animals
5) Duplicate License Tags/Transfer of Ownership Fees
6) Any other service provided for owned animals.
E. Humane Education Services - Education on responsible pet ownership at schools and public events
usually involving the Humane Education Canine and one or more Animal Control Officers.
F. Spay /Neuter Services - The provision of certificates for reduced cost spay /neuter of animals or the
provision of low -cost spay /neuter services.
G. Operation Permit Services - Services for the inspection and issuance of Animal Use Operation
permits.
2. Services To Be Provided by County
A. Maintain an Animal Regulation Department - to provide management and supervision of the
program, to keep records and statistics as established in policy and approved by the Animal Regulation
and Control Advisory Committee as defined hereafter.
B. Animal Shelter - maintain, or cause to maintain an Animal Shelter to provide for the *care, housing
and disposal of animals impounded within the city or County or delivered by city or County residents.
C. Basic Services - to provide Basic Services to all subscribing jurisdictions within the County.
D. Specific Agreements - to provide pursuant to specific agreements with each city:
1) City Requested Services
Page 3 of 8
2) Humane Education Services
3) Spay/Neuter Services
E. Citizen Requested Services to provide Citizen Requested Services to all citizens of the County
regardless of jurisdiction.
F. Operation Permit Services - to provide Permit Services to all citizens of the County regardless of
jurisdiction.
3. Animal. Regulation and Control Advisory Committee - There shall be an Animal Regulation and Control
Advisory Committee whose responsibility it will be to review and recommend on all matters of
Departmental Policy regarding overall program administration, level and quality of service, budget, and
ordinance development and amendments. This Advisory Committee shall be made up of: one
representative from each City contracting with the County, one representative from the County
Veterinarians' Association, one representative from an animal welfare society, one representative from
the County Health Department, one representative of the Highway Patrol, one representative from the
Department of Animal Regulation, one representative of the County Administrative Office, and one
representative from the County Sheriff's Department. The Committee shall receive staff support from
the Department of Animal Regulation. There shall be three subcommittees as follows:
A. Budget and Finance
B. Facilities
C. Operations
4. Supervision - The rendition of services specified in paragraph 2 of this Agreement, and matters
incidental to the performances of said services, and the control of personnel so employed, shall remain
in the County.
5. Cooperation - To facilitate the performance of the foregoing functions, it is hereby agreed that the
County shall have the full cooperation and assistance from the City, its officers, agents, 'and
employees.
6. Em6loyee Compensation and Liablitv - City shall not be called upon to assume any liability for the
direct payment of any salaries, wages, or other compensation to any County personnel performing
services hereunder, or any liability other than that provided in the Agreement. The City shall not be
liable for compensation or indemnity to any County employee for injury or sickness. arising out of
his/her employment.
7. Indemnification - Nothing in the provisions of the Agreement is intended to create duties or obligations
to or rights in third parties not parties to this contract or affect the legal liability of either party to
contract by imposing any standard of care respecting the regulation and enforcement of laws regarding
animals different from the standard of care imposed by law.
Page 4 of 8
`J
It is understood and agreed that neither City, nor any officer or employee thereof is responsible for any
damage or liability occurring by reason of anything done or omitted to be done by the County under
or in connection with any work, authority or jurisdiction delegated to the County under this Agreement.
It is also understood and agreed that pursuant to Government. Code 895.4, County shall defend,
indemnify and save harmless the City, all officers and employees from all claims, suits or actions of
every name, kind and description brought for or on account of injuries to or death of any person or
damage to property resulting from anything done or omitted to be done by the County under or in
connection with any work, authority or jurisdiction delegated to the County under this Agreement
except as otherwise provided by Statute.
It is understood and agreed that neither County nor any officer or employee thereof is responsible for
any damage or liability occurring by reason of anything done or omitted to be done by the City under
or in connection with any work, authority or jurisdiction delegated to the City under this Agreement:
It is also understood and agreed that pursuant to Government Code Section 895.4, City shall defend,
indemnify and save harmless the County, all officers and employees from all claims, suits or actions
of every name, kind and description brought for on account of injuries to or death of any person or
damage to property resulting from anything done or omitted to be done by City under or in connection
with any work, authority or jurisdiction delegated to the City under this Agreement except as otherwise
provided by Statute.
8, Employee Status - All persons employed in the performance of the services and functions specified in
paragraph 2 of this Agreement shall be County employees; no present City employee shall become a
County employee by reason of this Agreement; and no person employed hereunder shall have any City
pension, Civil Service, or any similar status or right. For this Agreement, and for the sole purpose of
giving legal status to the performance of the duties and responsibilities herein, every County officer
-and the employee engaged in their performance of any service hereunder shall, where necessary, be
deemed an officer or employee of City while performing the services for City.
9. Prosecution - It shall be.the duty of the City Attorney, exercising the discretion vested in his office,
to prosecute violations of the City Animal Ordinance, and take appropriate legal action with respect
to the abatement of any public nuisance involving animals occurring within City's corporate limits.
10. Term and Renewal - This Agreement shall be effective on the 1st day of July, 1992, and shall
terminate on the 30th day of June, 1995. All fees, charges, and payments required by paragraph 12
(A -C) and paragraph 15 shall be adjusted each July 1 st of the three year duration of the contract. This
adjustment shall be for any increase in County's cost of providing services. The Department.
appropriation Budget shall be used to determine percentage of increase. This percentage shall not
exceed five (5) percent for any one year of the contract period. This contract is subject to cancellation
by either party by notification in writing of the desire to terminate contract. Notification shall be
required 30 days in advance of the termination date.
Page 5of8
n n
11. Allocation of -Costs
A. Budget Submission - By March 1 of each year a budget with supporting documentation shall be
provided to the Budget and Finance Subcommittee. This budget shall specify:
1) The estimated expenses, revenues and net cost of providing basic services for the next
fiscal year and the pro -rata share for each city jurisdiction.
2) The hourly rate to be charged to cities for City Requested Services and after hours
Emergency Services included in the Basic package ,
3) The estimated cost of Education Services and the pro -rata share for each city jurisdiction..
4) The estimated need and amounts for Spay/Neuter Services.
B. Costs Development - costs will be developed and maintained in accordance with a methodology
approved by the County Auditor - Controller and, by the Budget and Finance Subcommittee.
1) Cost for the Basic Package will be based upon the total cost of providing the Basic package
minus the revenue for those services and the resulting Net Cost being distributed on a per
capita basis for each city.
2) Hourly rate for services will be determined by allocating all personnel, equipment and
vehicle costs to the productive hours worked by Animal Control Officers.
a) Billing will be broken down to the closest 15 minute increments for hourly
services.
b) Emergency Services provided after normal business hours (9:OOam to 5:OOpm and
County Holidays), will be billed at a two (2) hour minimum. This is for services
provided in the Basic Package and in the City Requested Package.
3) Humane Education costs will be determined by the total cost of the program including
salaries, supplies and transportation distributed on a per capita basis.
4) Spay/Neuter costs will be determined by estimating the dollar amount necessary to issue
certificates to citizens within the City limits for the fiscal year.
C. City Notification - no later than April 1 of each year, each city shall be notified of its pro -rata share
of Basic Services and Humane Education, the hourly rate for City Requested Services, and the amount
needed for Spay /Neuter Services. The city shall notify the County no later than July 1 of their
agreement to pay for basic services and other services in each subsection.
D. Actual Costs - See Attachment A.
Page 6 of 8
12. County Billing - County shall bill city quarterly for their pro -rata share of Basic Services and Humane
Education Services and the amount due for the City Requested Services from the previous quarter.
13. Modification - This contract constitutes the entire understanding of the parties hereto and no changes,
amendments or alterations shall be effective unless in writing and signed by both parties.
14. Ordinance Conformity - City agrees to adopt animal control ordinances which conform to and are not
in conflict with Chapter 9 of the San Luis Obispo County Code. Changes and modifications to City
codes may be conducted with the County Department of Animal Regulation's consultation before.
adoption. County Department of Animal Regulation may also make recommendations to City for
changes or modifications to their City ordinance.
15. Books and Records - County agrees to keep such books and records and in such form and manner as
County Auditor - Controller shall specify. Said books shall be open for examination by City at all
reasonable times.
16. Notices - Any notice required to be given pursuant to the terms and provisions hereof shall be in
writing and shall be sent by certified or registered mail .to the County at:
and to the City at:
Department of Animal Regulation
P.O. Box 3760
San Luis Obispo, CA 93403
City Clerk
City of San Luis Obispo
P.O. Box 8100
San Luis Obispo, CA 93403 -8100
Page 7of8
IN WITNESS THEREOF, City of San Luis Obispo by resolution duly adopted by its City Council causes
this Agreement to be signed by its mayor and attested by its clerk, and County of San Luis Obispo by
order of the Board of Supervisors causes these presents to be subscribed by Chairman of said Board
and seal of said Board to be affixed hereto attested by clerk of said:
CITY OF SAN LUIS OBISPO
COUNTY OF SAN LUIS OBISPO
�s
By• y:
Ron Dunin, Mayor
ATTEST:
By:
Pam Vog s, City Cler
of Supervisors
Date: i
Page 8 of 8
Xec%wp611e1tyoorr\c ntra=\May 2% 1992
AGREEMENT FOR
ANIMAL CONTROL SERVICES
Attachment A
Allocation of Service Costs for the city of San Luis Obisgo for the Fiscal Year 1992 -93 will
be as follows:
1. Basic Package $ 60,350
2. City Requested Services $ 49.00/hour
RESOLUTION NO. 8044 (1992 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
ADOPTING AN ALTERNATE FEE
FOR PLAN REVIEW SERVICES
WHEREAS, the City of San Luis Obispo's Municipal Code
authorizes the establishment of various fees for delivery of
municipal services; and
WHEREAS, the cost of providing plan review services for
duplicate building permit applications has been found to be less
than the initial plan review; and
WHEREAS, the City Council held a noticed public hearing
concerning this fee adjustment on :Augus_t: -4 ,'1992.
NOW, THEREFORE, BE IT RESOLVED that:
SECTION 1. The City Council of the City of San Luis Obispo
hereby establishes an alternate fee for Plan Review services as
follows:
A. When building permit applications are submitted for
residential projects where the same plans are being
used for more than one unit, 100 percent of the plan
check fee shall be required for the first identical
unit, but shall be 50 percent for all other identical
units.
B. The alternate plan review fee shall be only applicable
to all permit applications submitted at the same time
with the first identical unit.
SECTION 2. The fee hereby established shall be an addendum
to fees set forth in Resolution No. 7030 (1991 Series).
Upon motion of Councilman Roalman , seconded by Councilwoman Rap pa
and on the following role call vote:
AYES: Councilmembers Roalman, Rappa, Pinard, Reiss, and Mayor Dunin
NOES: None
ABSENT: None
R -8044
Resolution No. 8044 (1992 Series)
Page 2
the foregoing resolution was adopted this 4th day of August ,1992.
A01W,� A&6 - -
Mayor Ron Dunin
ATT S
Pam toges, Cite Clerk
APPROVED:
City Ad inistrative Officer
t tt ne
FYnahce Director
Director of 1gg1nmunity Development
Chief Buildi'nq Official
�, �
�: `
,,����� v
��
C
RESOLUTION NOB043 (1992 SERIES)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO
RATIFYING THE SAN LUIS OBISPO COUNCIL OF GOVERNMENTS
JOINT POWERS AGREEMENT AND ITS AMENDMENTS
BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows:
SECTION 1. That certain agreement and its amendments attached hereto marked
Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo
and member cities and the County is hereby ratified and the Mayor is authorized to
execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of
the executed agreement approved by it to: San Luis Obispo Area Council of
Governments, County Government Center, San Luis Obispo, CA 93408.
On motion of Councilwoman Rappa , seconded by Mayor Dunin and
on the following roll call vote:
AYES: Councilmember Rappa, Mayor Dunin, Councilmembers Reiss; and Roalman
NOES: Councilwoman Pinard
ABSENT: None
the foregoing resolution was adopted this 4th day of August , 1992.
ATTES
'(Zi
Pam V /ges, City CL&k
APPROVED:
• :1i
or
hw�pa.rpt
Jwoo C�
mayor Ron Dunin
R -8043
(A_RQ_Q9_rr)
� � --,
..�0�`��' ��� � _,
��
;, .
1991-1992 JOINT POWERS AGREEMENT PAGE I
e:\wpdocs\acc\c9200671.mis A-89-92-CC
JOINT POWERS AGREEMENT
............. ......................
SAN LUIS OBISPO AN'
W. I
THIS JOINT POWERS AGREE LENT is made and entered into this 17th day of
January, 1976, and amended on November 4, 1982, September 19, 1984, and W3g;!$P by
and among such of the incorporated cities of Arroyo Grande, Atascadero, El. Paso de Robles,
Grover City, ity, Morro Bay, Pismo Beach, and San Luis Obispo,' all being municipal corporations
of the State of California and located within the boundaries of the County of San Luis Obispo,
California, as may execute c this Agreement, hereinafter called "CITIES," and the County of San
Luis Obispo, a body politic and corporate and a subdivision of the State of California;
hereinafter called "COUNTY," as follows:
WHEREAS, Section 6500, -et -SM., of the California Government Code (Title 1,
Division 7, Chapter 5, Article 1) provides for agreements between two or more public agencies
to jointly exercise any power common to the contracting parties, subject to certain mandatory
provisions contained therein; and
WHEREAS, the City of San Luis Obispo by virtue of its charter, and the other
incorporated cities in the County, parties hereto, by virtue of Sections 65600 through 65604,
inclusive, of the California Government Code have the joint and mutual power to create an area
planning commission; her*-des*a&ted "Son Luia-Gbispe Ana Geerdimfing Geuneil;' dills
WHEREAS, COUNTY AND CITIES did, in 1968, jointly execute an agreement
establishing such a planning council And now wish to amend and supersede the same-, and
WHEREAS, Section 29532, Califomia Government Code, provides that such a Planning
and Coordinating Council shall be
11 designated the Regional Transportati on Planning Agency to
act in matters of transit and transportation planning; and
WHEREAS, -it is desirable that a single agency be created by and with the consent of
CITIES and COUNTY to advise, plan for, and suggest solutions to common problems; assist
in the preparation of plans and programs by utilizing planning talents and general plans of the
various governmental jurisdictions in the County and of experts in various other fields and to
coordinate their efforts; and
WHEREAS, creation of such an agency and action by it Upon certain plans and programs
is necessary to comply with requirements of federal and state legislation in order to participate
in the allocation and disbursement of state and federal funds wh-ich may be desired by COUNTY
EXHIBIT A
A-89-912-CC
o
1991-1992 JOINT POWERS AGREEMENT
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PAGE 2
and CITIES in the implementation of plans and programs which have been approved by their
respective governing bodies.
NOW, THEREFORE, it is agreed as follows:
L PURPOSE
Tie
designated U ;S.
1991-1992 JOINT POWERS AGREEMENT PAGE 3
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III. POWERS
The San Luis hereinafter called "S4MP, is hereby
... ......
created as a voluntary agency pursuant to applicable provisions of the California Government
Code with the power to carry out the purposes hereinabove stated and to implement the ao**
annual work program, including the power to contract for goods and services; to provide for
employment of necessary personnel, experts and consultants; to accept gifts, loans, grants; and
to administer the affairs of the St~ hereby created in accordance with this Agreement.
Pursuant to Section 6508. 1, California Government Code, it is hereby declared by
COUNTY and CITIES that the debts, liabilities and obligations of the $I(}C4)EC shall not be the
debts, liabilities and obligations of any of the parties to this Agreement, except as otherwise
provided herein.
IV. NEEMBERSHIP
1. Membership in the "CO - Q - 00 shall be voluntary, but only the County of San Luis
Obispo and all cities incorporated in the County of San Luis Obispo presently or in the future,
are declared eligible for membership in the NM
2. Representatives of the COUNTY and CITIES shall be appointed to serve on the
§40M in accordance with procedures established by each of the governing bodies of the
member agencies. Representatives to the shall consist of the five members of the
Board of Supervisors of the County of San Luis Obispo from time to time in office and of one
additional member from the governing body of each incorporated city within the boundaries of
the County of San Luis Obispo which is a party to this Agreement, with each incorporated area
being limited to one representative. Representatives shall serve so long as they hold office with
their member agency or until they shall resign or be removed by a majority vote of their
respective governing bodies. Vacancies among representatives shall be filled in the same manner
as the first appointment.
PRWO .. k
mag ement
iii Board
counted
C (7)
1991-1992 JOINT POWERS AGREEMENT
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PAGE 4
3. Member agencies may elect to have an alternate member(s) in addition to any
official member, but said alternate shall be able to vote only in the absence of the official
representative.
4. Designation of the official representative or altemate(s), or changes thereto, shall
be transmitted in writing to the Executive Director of the g" by the appointing city or the
county.
5. In addition to the incorporated cities presently a party to this Agreement, any
other city which may hereafter be incorporated within the boundaries of the County of San Luis
Obispo and which may desire to participate in the activities of the ISL W
7
OE may do so by
executing this Agreement without prior approval or ratification of the named parties to this
Agreement and shall thereafter be governed by all the terms and provisions of this Agreement
as of the date of execution.
6. Membership shall be contingent upon the execution of this Joint Powers
Agreement and subsequent annual ratification.
V. OPERATION
1. The powers of the
Q —0 are advisory to the member agencies wh ich execute
this Agreement except for those actions mandated by state or federal law for the processing of
applications submitted by any of the member agencies for federal and state grants or funds which
require action by the §RM. Nothing herein shall be construed to limit in any manner the
power of any of the parties to initiate and complete a local project within their respective
jurisdictions with their own funds. It is understood, how- ever, that the recommendations of the
may have the effect of precluding any favorable action by an agency of the state or
federal government in support of such a project if other than local financing is sought, as
determined by the respective state or federal agency under law, regulations and policies
applicable to them.
2. Except as otherwise provided herein, there shall be no costs incurred by -§-PXP0
pursuant hereto, other than expenses of its members, which are to be borne by their respective
entities, and the cost of services by the officers and personnel of the respective entities to said
SWCOG, upon approval of such services by the governing bodies hereof, shall likewise be
bome by the respective entities.
0 :.CMA
All costs incurred by . .. .. ..
or
.... ..... .
performing functions as the
San Luis Obispo County as designated . by the State shall be paid out of the transportation fund
established pursuant to Section 29530, gLsgq., Government Code as provided for therein, and
r�
1991 -1992 JOINT POWERS AGREEMENT PAGE 5
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State and Federal planning funds.
3. Costs of SLOCOG for each fiscal year which are necessary for the ordinary
operation of the SLOCOG, including but not limited to office space, furniture; and excepting
those functions performed as the R'E!i ;)![)7i,A shall be borne by COUNTY in an
amount approved by the Board of Supervisors in the annual county budget. Extraordinary costs
as recommended by the SLOCOG shall be borne by contributions from the member entities as
approved by their governing bodies.
Costs of all activities undertaken by S.t)COG as the It`�'.PA, MPO or CMa shall
be set forth in the budget as part of the annual work program of SL0006 and shall be funded
from the transportation fund pursuant to applicable State statutes and;;; State:and;_1~ederal %.ncls.
PP ._..............
4. The annual work program and budget, when adopted shall be the basis for
operation of SLOCOG for the fiscal year. Any deviation from the work program affecting the
budget shall be approved by SLOCOG.
5. For purposes of conducting business, there shall be present a quorum consisting
of a majority of representatives, including two COUNTY representatives. No action shall be
effective without the affirmative votes of a majority of those present. However, eight (8)
affirmative votes shall be required for taking any action in the event any agency demands such
........................
a vote. The representatives to the %.Q. shall adopt such procedures as are consistent with
this Agreement and necessary to conduct the business of M.6 in an orderly manner.
VI. OFFICERS
1. The officers of the SiOC<7G shall consist of a President and Vice - President
.........................
.........................
.........................
elected for a term of one year by a majority vote of member agency representatives to the
SLOCOG.
2. Both the President and Vice - President of $ LOG shall be elected at the Julie
meeting.
3. The officers shall serve until their successors are elected.
4. The duties of the officers shall be as follows:
a. President
1) Shall preside over all meetings of the SLOCOG as Chairman.
1991 -1992 JOINT POWERS AGREEMENT
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2) Shall appoint all standing committees.
PAGE 6
3) Shall exercise general supervision over all activities of said
S)wOCOG.
4) Shall be an ex- officio member of all committees.
5) Shall execute all contracts and legal documents on behalf of the
S.L4CDG.
b. Vice- President
1) Shall serve as Chairman pro - tempor in the absence of the
President.
2) Shall give whatever aid necessary to the President in administering
.........................
of the Mm.
3) Shall be an ex= officio member of all committees.
5. In the event of a vacancy occurring in the office of either the President or
Vice - President upon said officer's death, resignation, removal or his ceasing to be an official
representative of a member city of the County of San Luis Obispo, such vacancy will be filled
by majority vote of the SLOCOG, the officer elected to serve for the balance of the unexpired
term.
VII. STAFF
1. The ICOG! shall appoint an Executive Director to serve at its pleasure, who
..: ::......:.... .
will perform the following duties and such others as may be assigned by SLOCOG.
........................
a. Prepare and submit the annual work program and budget to the SE O
:.::.:...:..
for its approval and to the parties hereto for ratification.
b. Shall keep an accurate account and file of all meetings.
C. Shall disburse all funds in accordance with the policies of the
County - Treasurer and the County Auditor /Controller and the budget and
work program adopted by the SWCOG..
1991-1992 JOINT POWERS AGREEMENT
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0
PAGE 7
d. Shall have charge of all correspondence.
e. Shall keep and maintain the reports of the 4PM on all committees.
f. Shall insure that renders a written year end report reflecting
activities of the preceding fiscal year, said year end report to be
distributed to each of the participating member bodies.
9- Shall be responsible for directing those employees authorized by the
in the budget. Employees are to be appointed by the P-1 M.09
on the recommendation of the Executive Director and to serve at the
pleasure of the S) C( '
2. The Executive Director of the gpPop shall have charge of, handle and have
access to, any property of the 40M
3. The Executive Director, Treasurer, and Auditor-Controller shall be bonded or
self-insured through the county in-lieu of bonds (in accordance with Government Code Section
24156) in the sum of $1000.
VE[L MEETINGS
1. Regular meetings of the "§' shall be held at least six (6) times a year or at
.00
more frequent intervals as approved by the SiG.
2. Special meetings may be called by the President or upon written request of at least
three (3) representatives of the §IsC?;b.. Actual notice of special meetings must be given at
least three (3) business days in advance.
3. Meetings shall be open to the public as required by state law.
4. Regular meetings shall be generally held in the first week of 446goobe4
................... ..... . ..... . ... ... . ... ........
........ j lahtll. Jude; u calendar adopted in
Tuirda"r A
DWO .......... .. ..y. or as specified in the annual meeting cal
....... . . . -M=
June. The June ...meeting ... ifiall be designated the annual meeting."
5. The Executive Director of the 9,L0000 will direct the publication of notices of
all meetings pursuant to state law.
6. Only official representatives or alternates shall represent a member of the
SUD ... Cwh or vote on any motion before the
o ��
1991-1992 JOINT POWERS AGREEMENT PAGE 8
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7. The meeting agenda shall be prepared by the Executive Director to the SLOCOG.
Agenda material shall be submitted to the Executive Director at least twenty-one (21) calen
days prior to the next regular meeting and distributed to members at least fourteen (14) calendar
days prior to the next regular meeting to allow member agencies to advise their representatives
on tentative vote subject to independent judgement of delegate based on public testimony.
Unless authorized by four f fths vote of the representatives at a regular meeting, only agenda
items shall be considered by SLbGC)C`attrsttattt toprot;iins.€ the Brown Act.
8. The $PVQq, at the discretion of the President, may memorialize any of its
actions by resolution.
9. Robert's Rules of Order or such other rules as the may adopt will
govern all proceedings not specifically provided for herein.
10. Executive sessions shall be held in accordance with applicable law.
11. The SI shall hold public hearings for the adoption of Regional Plans.
12. Minutes of all SEX)COG meetings shall be kept by the Executive Director to the
and shall be submitted to member agencies.
IX. CONMUTTEES
1. Committees and subcommittees may be established as the SLflCOG may deem
appropriate.
2. Membership on 'ad-Hoc" policy committees shall be at the discretion of the
President. Nothing herein shall be construed to limit membership on these aforesaid committees
to officials of the member agencies. The President may appoint any individual deemed qualified
to serve on a committee.
3. Standing committees shall include the Administration Committee, comprised of
all managers and administrators of member jurisdictions; the Legal Committee, comprised of
all city and designated county attorneys; the Planning Committee, comprised of all agency
planning officials appointed by their respective agencies; the Public Works Committee,
comprised of all agency engineering officials appointed by their respective agencies: the
Technical Transportation - Advisory Committee (ITAC) and the Citizen's Transportation
Advisory Committee (CTAC) as per the Memorandum of Understanding between the California
Department of Transportation and the $gpgo; and the Transit Productivity Committee as
required by Section 99224 and Section 99238 of the Public Utilities Code. The SL.WOG may
1991-1992 JOINT , POWERS AGREEMENT
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PAGE 9
organize such other technical advisory committees as it deems necessary to carry out SXAGOG
functions.
4. No committee shall commit the P M on any matter or questions of policy.
M
Such matters or questions can only be decided by the Area Council.
5. All committees shall receive clerical assistance from the SM".00G. staff for the
purpose of maintaining minutes of meetings and other such duties as the Executive Director may
direct. The chairman of each committee shall sign the original. copy of the minutes indicating
his verification of contents. Copies of minutes of 01 meetings shall be sent to members of the
SLOCIC and the Executive Director.
X.- FINANCE
1. The SLOCt]G, shall have no power to expend funds on any project for which
funds have not been budgeted, nor ,on any item in excess of the budgeted amount without
specific Approval of two-thirds of the governing. bodies of the member agencies including
COUNTY. I . . . .. I
2. The Treasurer of the County of San Luis Obispo is designated the depositary, and
he shall have custody of all mone y of the.
M � §-, from whatever source received.. It is further
understood that the Auditor/ Controller of the County of San Luis Obispo is, as such, auditor
of the OIL
XI. WITHDRAWAL AND DISSOLUTION
1. The parties to this Agreement pledge full cooperation and agree to assigan
representatives to serve as official members of the
or any committee or subcommittee
thereof who shall act for and on behalf of their city or county in any or all matters which shall
come before -the 09w, subject to any necessary approval of their acts by the governing
bodies of CITIES and COUNTY.
2. Any party to this Agreement may withdraw from the San Luis Obispo Arta
Coordinating Council. and terminate its participation in this agreement by resolution of its
governing body. The withdrawal of the member shall have no effect on the continuance of this
Agreement among the remaining members and, the Agreement shall remain in full force and
effect as respects the remaining. members.
3. A member withdrawing shall not be liable for the payment of further contributions
1991-1992 JOINT POWERS AGREEMENT PAGE 10
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falling due beyond the date of withdrawal and shall have no right to. reimbursement of any
monies previously paid to SLOCflG, provided, however, that MMM may authorize a
reimbursement if in its judgment such reimbursement is fair and equitable and can be done
without jeopardy to the operation of the If any party hereto fails to pay its
contribution, as determined by s I ✓a . id entity shall be deemed to have voluntarily
withdrawn from the 909pp-
. 4. 03MV may be dissolved at any time and this Agreement rescinded by a joint
agreement executed by COUNTY and CITIES which are parties hereto. Said rescission
Agreement shall provide for the orderly payment of all outstanding debts and obligations and for
the return of any surplus funds of P!" in proportion to the contributions made.
XII. EFFECTIVITY
This Agreement shall take effect upon its execution by the chairman or mayor and clerks
of the governing bodies of the County of San Luis Obispo and at least four (4) cities, pursuant
to resolutions of such governing bodies authorizing such execution and shall remain in full force
and effect until dissolved pursuant to the pro-visions herein. This Agreement may be executed
in eight (8) counterparts which together shall constitute a single agreement.
. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first hereinabove written.
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1991 -1992 JOINT POWERS AGREEMENT
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CITY OF ARROYO GRANDE
By:
Mayor
Clerk
CITY OF ATASCADERO
By _.-
Mayor
Clerk
CITY OF GROVER. CITY
By:
Mayor
Clerk.
CITY OF MORRO BAY
By: _ --
Mayor
Clerk
CITY OF PASO ROBLES
Mayor
Clerk
N
PAGE 11
Date.
Resolution No._
Minute Order
Date:
Resolution No.
Date:.
Resolution No..
Date: -
Minute Order
0
1991 -1992 JOINT POWERS AGREEMENT
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CITY OF PISMO BEACH
By: - - - -_
Mayor
Clerk
Date
Minute Order
CITY OF SAN LUIS OBISPO
--�
_ Date: i
Mayor Ron Dunin
Li:Resolution No. 8043
City C1 .k Pam Voges
COUNTY OF SAN LUIS OBISPO
By:
Chairman
Clerk
Date:
Minute Order
APPROVED AS TO FORM AND LEGAL EFFECT:
JAMES B. LINDHOLM, JR.
County Counsel
0
Deputy County Counsel
Dated:
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PAGE 12 t
RESOLUTION NO.8042(1992 SERIES)
RESOLUTION DESIGNATING SEPTEMBER 15, 1992 AS
"FREE TRANSIT DAY"
WHEREAS, the City of San Luis Obispo has long supported public transportation
and policies to help reduce traffic congestion in the area; and
WHEREAS, it is known that there is a correlation between traffic congestion and
the amount of auto emissions; and
WHEREAS, the City of San Luis Obispo is interested in promoting alternate forms
of transportation to reduce traffic congestion; and
WHEREAS, the City of. San Luis Obispo recognizes the use of ridesharing has the
potential to reduce fuel consumption, air pollution, traffic congestion, transportation costs
and parking needs; and
WHEREAS, the increased us of mass transportation can improve air quality by
reducing the number of automobiles on the road; and
WHEREAS; by offering "Free Transit Day" on September 15, 1992, 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 September 15, 1992 as "Free Transit Day" to encourage all residents of San
Luis Obispo to consider the use of bus service on that date and thereafter, and
recognizes September 14 -18 as "Rideshare Week"
Uponmotionof Councilmember Rabpa seeondedby Councilman Roalmanand
on the following roll. call vote:
R -8042
Page 2
Resolution No.80441992 Series)
AYES: Councilmembers Rappa, Roalman, Pinard, Reiss, and Mayor Dunin
NOES: None
ABSENT: None
the resolution was adopted this 4th day of August , 1992.
ayor Ron Dunin
ATTEST:
Pam Yoges, City gerk
APPROVED:
Ci Adminfdfrativg Officer
Q&4AJ4 J. CL^nA1 ri l YN t'44, dew Cbirw -ry
i ' Attorney- J
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RESOLUTION NO. 8041 (1992 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING A STATEMENT OF
ABATEMENT COSTS INCURRED AT 663 CHURCH STREET
WHEREAS, on May 21, 1991 and on March 17, 1992, in accordance
with applicable provisions of the Municipal Code, the City Council
found the condition of the premises at 663 Church Street to constitute
a public nuisance; and
WHEREAS, the property owner did not abate the property within the
thirty (30) days ordered, and
WHEREAS, the City appointed a contractor to abate the public
nuisance, and
WHEREAS, any costs incurred by the city in abating the nuisance
shall be accounted for and processed as set,forth in Chapter 8.24 of
the San Luis Obispo Municipal Code,
NOW THEREFORE, BE IT RESOLVED by the Council as follows:
SECTION 1. This Council hereby confirms the statement of
abatement costs as shown on Attachment 1.
SECTION 2. The Director of Finance is directed to send a
statement of abatement costs to the property owner. The property
owner shall be notified that if the statement is not paid within
thirty (30) days of this Resolution, a special assessment shall be
placed on the land and shall constitute a lien for the amount of the
assessment.
SECTION 3. The City Clerk is directed to send a Notice of Lien
in accordance with Section 8.24.150 of the Municipal Code, to the r
Auditor /Controller of the County of San Luis Obispo for the.collectiori
of said lien along with the regular City property taxes for 1992/1993
R -8041
Resolution No. 8041 (199,2 Series)
Page 2
J
if abatement costs are not paid within thirty (30) days of this
Resolution.
On motion of Councilwoman Rappa , seconded
by Councilman Roalman and on the following roll call
vote:
AYES: Councilmembers Rappa, Roalman, Reiss, and Mayor Dunin
NOES: None
ABSENT: Councilwoman Pinard
the foregoing Resolution was passed and adopted this 21st day of
July , 1992.
ATTEST:
V
CITY CLERK PAMKI0 VOGES
APPROVED:
City A ministrative Officer
t ttoineyf
r MAYOR RON DUNIN
Finance Director
ire Chief.
C,
ATTACHMENT #1
STATEMENT OF COSTS - 663 CHURCH STREET
1991 ABATEMENT
Labor - 20 Hrs. $1,886.90
Roll -Offs and Dump Fees 11640.75
Other Charges 352.77
TOTAL $3,880.42
1992 ABATEMENT
Labor - 16 Hrs. $1,911.89
Roll -Offs and Dump Fees 11549.75
Hazardous Materials Disposal 316.50
Other Charges 346.16
TOTAL $4,124.30
1991 -1992 TOTAL $8,004.72
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RESOLUTION NO. 8040 (1992 series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING THE APPLICATION FOR CALIFORNIA TRANSPORTATION COMMISSION
CLEAN AIR AND TRANSPORTATION IMPROVEMENT ACT NON -URBAN COUNTY
FUNDING FOR A RAILROAD COMMUTER BICYCLE PATH
WHEREAS, the Clean Air and Transportation Act of 1990 supports the construction
of bicycle paths that improve safety and convenience for bicycle commuters ( CATIA Section
99650); and
WHEREAS, approximately 9% of all transportation trips in San Luis Obispo are by
bicycle and that the proposed railroad bicycle path will better link outlying neighborhoods
with center city employment and shopping destinations; and
WHEREAS, the City of San Luis Obispo is an eligible applicant for program grant
funding and all funds identified in the application are committed to the project by the City;
and
WHEREAS, other funding sources will be used to complete this project if the project
costs exceed those identified in the application; and
WHEREAS, the City of San Luis Obispo has the financial and institutional ability
to accept the legal liabilities associated with this project-,
WHEREAS, Clean Air and Transportation Improvement Act funds will not supplant
funds previously planned, programmed or approved for the purpose for which the funds
were awarded; and
WHEREAS, the San Luis Obispo Council of Governments (SLOCOG) by resolution
has recommended that the City be approved in this application request.
NOW, THEREFORE BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
1. Approves the submittal of an application for $870,000 CATIA funding for the
acquisition of land and for the construction of a bicycle /pedestrian bridge that will
support the development of a Class I commuter bicycle path along surplus right -
of -way of the Souther Pacific Railroad.
2. Authorizes the City Administrative Officer to execute all grant application
documents.
On motion of Councilman Roalman ,seconded by Councilwoman Rappa and
on the following role call vote:
AYES: Councilmembers Roalman, Rappa, Reiss, and Mayor Dunin
NOES: None
ABSENT: Councilwoman Pinard
R -8040
Page 2
Resolution No. 8040(1992 Series)
the foregoing resolution was adopted this 21St day of July , 1992.
on Dunin, Mayor
ATTEST:
?j -2 ,
Pal Voges, City Jerk
APPROVED:
John Du _._, City dmiri strative icer
William Statler, Finance Director
anvuie, rrincipai rianner
Community Development Director
RESOLUTION NO. 8039. (1992 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING THE APPLICATION FOR CALIFORNIA TRANSPORTATION COMMISSION
CLEAN AIR AND TRANSPORTATION IMPROVEMENT ACT NON -URBAN COUNTY
FUNDING FOR A MULTI -MODAL TRANSFER CENTER
WHEREAS, the Clean Air and Transportation Act of 1990 supports the construction
of multi -modal transfer centers to enhance transit service; and
WHEREAS, the City of San Luis Obispo is the hub of the consolidated regional
transit system and transit service has strong support from the City Council; and
WHEREAS, the development of a Multi Modal Transfer Center is part of the City
of San Luis Obispo's Short Range Transit Plan approved by the City Council in 1991; and
WHEREAS, a preliminary engineering study for the transfer center has already been
funded by the City of San Luis Obispo and San Luis Obispo Regional Transit Agency
(SLORTA) in conjunction with a Transit Capital Improvement (TCI) grant; and
WHEREAS, the City of San Luis Obispo is an eligible applicant for program grant
funding and all funds identified in the application are committed to the project by the City;
and
WHEREAS, other funding sources will be used to complete this project if the project
costs exceed those identified in the application; and
WHEREAS, the City of San Luis Obispo has the financial and institutional ability
to accept the legal liabilities associated with this project; and
WHEREAS, Clean Air and Transportation Improvement Act funds will not supplant
funds previously planned, programmed or approved for the purpose for which the funds
were awarded; and
WHEREAS, the San Luis Obispo Council of Governments (SLOCOG) by resolution
has recommended that the City be approved in this application request.
NOW, THEREFORE BE IT RESOLVED by the Council of the City,of San Luis
Obispo as follows:
1. Approves the submittal of an application for $2.4 million CATIA funding for the
design, land acquisition, and construction of a Multi -Modal Transfer Center to
support and enhance both.local and regional transit service.
2. Authorizes the City Administrative Officer to execute all grant application
documents.
�
Page 2
Resolution No. 8035(1992 Series)
On motion of Councilman Roalman , seconded by Councilwoman Rappa and
on the following role call vote:
AYES: Councilmembers Roalman, Rappa, Reiss, and Mayor Dunin
NOES: None
ABSENT: Councilwoman Pinard
the foregoing resolution was adopted this 21st day of July , 1992.
*` n umn, Mayor
tirricv v nir
A10� . — grAy--" ot t��
Jon Dunn, City Adfhinistrativ e Officer
Willfaffi Statler, Finance Director
Development Director
e
RESOLUTION NO. 8038 (1992 Series)
A RESOLUTION AUTHORIZING THE APPLICATION FOR
STATE OF CALIFORNIA, CALIFORNIA TRANSPORTATION
COMMISSION CLEAN AIR AND TRANSPORTATION
IMPROVEMENT ACT NON URBAN COUNTY
TRANSIT PROJECT FUNDING
WHEREAS, the Clean Air and Transportation Improvement Act of 1990 allows for
the purchase of Transit Coaches to enhance transit service; and
WHEREAS, the City of San Luis Obispo is the hub of the consolidated regional
transit system and transit is a priority service of the City Council; and
WHEREAS, the City of San Luis .Obispo can act as the applicant agency; and .
WHEREAS, all funds identified in the project application are committed to the
project by the eligible applicant; and
WHEREAS, other funding sources will be utilized to complete this project if the
project costs exceed those identified in the application including funds from the Gas
Company if compressed natural gas alternate fuel engines are used; and
WHEREAS, the City of San Luis Obispo has the financial and institutional ability to
accept the legal liabilities associated with this project; and
WHEREAS, Clean Air and Transportation Improvement Act (CATIA) funds allocated
will not supplant funds previously planned, programmed or approved for the purpose for
which the CATIA funds were awarded; and
WHEREAS, the San Luis Obispo. Area Coordinating Council by resolution
recommends that the City be approved in this application request.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of San Luis
Obispo approves the application for these CATIA funds and asks that the California
Transportation Commission approve our request and authorizes the Mayor to execute the
documents.
R -8038
Page 2
Resolution N0.8038(1992 Series)
Upon motion of Councilwoman Rappa , seconded by
Councilman Reiss and on the following role call vote:
AYES: Councilmembers Rappa, Reiss, Roalman, and Mayor Dunin
NOES: None
ABSENT: Councilwoman Pinard
the foregoing resolution was adopted this 21st day of July , 1992.
ayor. on Dunin
I
APPROVED:
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RESOLUTION NO. 8037 (1992 Series)
A RESOLUTION OF APPLICATION
BY THE SAN LUIS OBISPO CITY COUNCIL
REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO
TAKE PROCEEDINGS FOR THE STONERIDGE II ANNEXATION
SLO COUNTY ANNEXATION # 39
RESOLVED, by the City Council of San Luis Obispo, that:
WHEREAS, the City of San Luis Obispo desires to initiate
proceedings pursuant to the Cortese -Knox Local Government
Reorganization Act of 1985, commencing with Section 56000 of the
California Government Code, for the Stoneridge II Annexation also
known as SLO County Annexation # 39; and
WHEREAS, the Planning Commission and the City Council have
held public hearings on the proposed annexation; and
WHEREAS, the City Council on Apri1.28, 1992, by Resolution No.
8005 (1992 Series), certified an Environmental Impact Report (EIR)
for the proposed annexation, pursuant to the California
Environmental Quality Act Guidelines Section 15090; and
WHEREAS, on recommendation of the Planning Commission and as
a result its deliberations, the council has amended the General
Plan Land Use Map and prezoned the property for the annexation
known as the Stoneridge II Annexation; and
WHEREAS, City Council approval is a prerequisite for the San
Luis Obispo County Local Agency Formation Commission to initiate
formal annexation proceedings;
WHEREAS, notice of intent to adopt this resolution of
application has been given to each interested and each subject .
agency; and
R -8037
Resolution No. 8037(1992 Series)
Page 2
WHEREAS, the territory proposed to be annexed is uninhabited,
and a description of the boundaries of the territory is set forth
in Section 2; and
WHEREAS, this proposal is consistent with the sphere of
influence of the affected city; and
THEREFORE, BE IT RESOLVED BY THE SAN LUIS OBISPO CITY COUNCIL
AS FOLLOWS:
SECTION 1. Findings.
1. Annexation is appropriate since the site is contiguous
to the city on its north and east sides.
2. Annexation of the site is a logical addition to the city
due to its location and existing development.
3. The proposed annexation will promote the health, safety,
and welfare of persons residing or working within or in
the vicinity of the annexation area.
SECTION 2, Annexation Area Described. The Stoneridge II
Annexation shall consist of that area, covering approximately 60
acres, immediately west of the Stoneridge I development (Tract
1150) in the City of San Luis Obispo, County of San Luis Obispo,
being the portion of Assessor's Parcel Number 76- 331 -0011 up to the
ridge line of the adjacent portion of the South Street Hills, as
shown on the attached map, Exhibit "D ".
SECTION 3. Council Recommendation. The City Council
recommends.that the Local Agency Formation Commission approve the
proposed annexation subject to property owner compliance with city
requirements regarding environmental mitigation and public
improvements as described in the project's EIR, in accordance with
Resolution No.8037 (1992 Series)
Page 3
California. Government Code Section 56844 et. sec.
SECTION 4. Implementation. The City Clerk shall forward a
copy of this resolution, General Plan and prezoning actions, EIR,
and all pertinent supporting documents to the Local Agency
Formation Commission.
NOW, THEREFORE, this Resolution of Application is hereby
adopted and approved by the City Council of the City of San Luis
Obispo, and the Local Agency Formation Commission of San Luis
Obispo County is hereby requested to take proceedings for the
annexation of territory as described in Section 2. and shown in
Exhibit "D ", according to the terms and conditions stated above and
in the manner provided by the Cortese -Knox. Local Government
Reorganization Act of 1985.
On motion of Councilwoman Rama seconded by
Councilman Reiss and on the following roll call vote:
AYES: Councilmembers Rappa, Reiss., and:-.Mayor Dunin
NOES: Councilman Roalman
ABSENT: Councilwoman Pinard
the foregoing resolution was passed and adopted this 21st day of
July 1992.
Mayor Ron Dunin.
ATTE T:
City Clerk Pam Voges
Resolution No. 8037 (1992 Series)
Page 4
APPROVED:
241i
City Administrative Officer
**At ltb/r n
Community Development Director
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RESOLUTION NO. 8036 (1992 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
.AMENDING THE GENERAL PLAN LAND USE ELEMENT MAP FROM
INTERIM CONSERVATION'OPEN SPACE TO LOW DENSITY RESIDENTIAL
FOR A 10.4 -ACRE SITE LOCATED AT 500 STONERIDGE DRIVE
WHEREAS, the Planning Commission and the City Council have
held public hearings on this amendment in accordance with the
California Government Code; and
WHEREAS, the amendment comes to the council upon the favorable
recommendation of the Planning Commission; and
WHEREAS, the potential environmental impacts of the change
have been evaluated in accordance with the California Environmental
Quality Act and the City's Environmental Guidelines.
NOW, THEREFORE, the City Council resolves as follows:
SECTION 1. Environmental Determination. The City Council
certified the Final Environmental Impact Report (EIR) for the
project on April 28, 1992, by Resolution NO. 8005 (1992 Series),
incorporating the mitigation measures shown on the attached Exhibit
"A" into the project.
SECTION 2. Findings.
1. the proposed general plan amendment will not be
detrimental to the health, safety or welfare of persons
residing or working in the vicinity.
2. The proposed general plan amendment is consistent with
the goals and policies of the General Plan, including
minor annexation policies.
3. The proposed amendment will not have a significant
adverse impact on the environment, subject to the
mitigation measures referenced in Section 1, and listed
in Exhibit "A ", being included in the project.
R -8036
Resolution No. 8036 (1992 Series)
Page 2
SECTION 3. Adoption.
1. The Land Use Element is hereby amended as shown in
Exhibit 11$11.
2. The Community Development Director shall cause the change
to be reflected in documents which are on display in City
Hall and.which are available for public use.
SECTION 4. Related Action. That the request for the
general plan amendment map change to modify the location of the
existing development limit line be approved, based on the following
finding:
1. The proposed general plan amendment is consistent with
the goals and policies of the General Plan.
On motion of. Councilwoman Rappa , seconded
by Councilman Reiss , and on the following
roll call vote:
AYES: Councilmembers Rappa, Reiss, and Mayor Dunin
NOES: Councilman Roalman
ABSENT: Councilwoman Pinard
the foregoing resolution was passed and adopted this 21st day of
July 1992.
ay on Dunin
ATTEST:
-P,, - � )"
City leek am ges
Resolution No. 8036 (1992 Series)
Page 3
APPROVED:
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Errata to Section 4.1.4
Over the course of the EIR review, the applicant has agreed that all of the lots that back
up to Lawrence Drive (Lots 1 -18 on the original site plan used evaluated in the EIR) will
be developed with single -story homes. All of these lots would have approved building
envelopes specifying maximum allowed building heights. A maximum building height of
15 feet would be allowed at the rear of all lots, with a 20 foot maximum building height
allowed in the front portions of specified lots toward the street (Stoneridge Drive).
For clarification, building height would be an absolute measurement, the highest point of
the building at any one point, rather than an elevation above average natural grade.
Therefore, many of the original mitigations related to building height and massing would
be superseded by the following mitigation measure:
® Lots 1 -17 shown on the revised site plan shall be limited to single -story development.
Building height shall be measured as the highest point of the building above natural
grade, rather than an elevation above average natural grade as outlined in the city's
zoning regulations. A maximum building height of 20 feet may be allowed. At the
time of development plan submittal, a plan for Lots 1 -17 addressing height and
privacy issues shall be submitted to the City Council for approval.
Implementation of the mitigation measure described above necessitates revisions to the
existing mitigation measures in. Section 4.1.4; therefore, in conjunction with the previous
mitigation measure, the following revised mitigation measures would reduce the impacts to
neighborhood compatibility to a level of insignificance:
U The rear lot setbacks for Lots 1 -17 shall be 25 feet.
e The applicant shall install tree screening along the rear of Lots 1 -17 to insure further
protection of privacy for residents of Lawrence Drive at the time of installation of
subdivision improvements. Tree screening shall include a mix of tall, open skyline
trees and medium to large shrubs a maximum of 15 feet high.
■ The following design restrictions shall be implemented:
1.) Decks more than eight feet above natural ground level shall be prohibited;
and
2.) Massing of development must be such that no part of a building over 15 and
20 feet above the natural ground level may be within 30 and 50 feet of the
north property line, respectively.
■ A subsurface storm drainage system shall be constructed that runs from Lawrence .
Drive to Meadow Creek.
Errata to Section 4.2.4
In addition, the second mitigation included in Section 4.2.4 on page 4 -40 listed below would
be superseded:
■ No more than 33 percent of the floor area would be on the second story. The
majority of the second story would be massed toward the street frontage of the lot.
The third.mitigation listed in Section 4.2.4 on page 4 -40 would be modified to eliminate the
references to second story development from the second sentence as shown below:
■ Architectural review of sensitive lots ** (the hillside lots and lots backing up to
Lawrence Drive) will be required prior to issuance of building permits.for these lots.
This review shall consider -
as—the placement of backyard windows and decks in .relation to the adjacent
Lawrence Drive units. For hillside lots, architectural review shall consider structure
elevations on a lot -to -lot basis.
** In the case of the sensitive lots identified in the EIR, the proposed design
guidelines endorsed by Staff and the Architectural Review Commission,
indicate that the architectural review requirement included in the EIR would
be handled by planning staff review of plans for consistency with approved
building envelopes and the design guidelines prior to submittal of a building
permit, rather than a formal application for architectural review (see pages
6 -7 of .the design guidelines).
UtNtl-KAL PLAN AMENDMENT
GP/R1346 EXHIBIT B
fir. � - •I . °O 00
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RESIDENTIAL
LEGEND
NEIGHBORHOOD COMMERCIAL
SERVICE - COMMERCIAL/
LIGHT - INDUSTRIAL
OFFICE
PUBLIC /SEMIPUBLIC
PARK
CONSERVATION /OPEN SPACE
INTERIM CONSERVATION/
OPEN SPACE
RURAL- INDUSTRIAL
CHANGE FROM "INTERIM CONSERVATION /OPEN SPACE
TO "LOW DENSITY RESIDENTIAL
RESIDENTIAL
BOUNDARIES
— - — CITY LIMIT
EMERSON URBAN RESERVE LINE
.6nim_m\ DEVELOPMENT LIMIT LINE
MAJOR EXPANSION AREA
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RESOLUTION NO. 8035 (1992 Series)
A RESOLUTION OF APPLICATION BY
THE CITY COUNCIL OF SAN LUIS OBISPO
REQUESTING THE LOCAL AGENCY FORMATION COMMISSION
TO TAKE PROCEEDINGS FOR THE BROAD STREET ANNEXATION
RESOLVED, by the City Council of San Luis Obispo, that:
WHEREAS, the City of San Luis Obispo desires to initiate
proceedings pursuant to the Cortese -Knox Local Government.
Reorganization Act of 1985, commencing with Section 56000 of the
California Government Code, for the Broad Street Annexation; and
WHEREAS, the Planning Commission and the City Council have
held public hearings on the proposed annexation; and
WHEREAS, the City Council has reviewed and certified the Final
Environmental Impact Report for the Broad Street Annexation by
Resolution No. 8023 (1992 Series), pursuant to the California
Environmental Quality Act and the City's Environmental Guidelines;
and
WHEREAS, on recommendation of the Planning Commission and as
a result its deliberations, the City Council has amended the
General Plan Land Use Map and pre -zoned properties located in the
annexation area as shown in Exhibit "B "; and
WHEREAS, City Council approval is a prerequisite for the San
Luis Obispo County Local Agency Formation Commission to initiate
formal annexation proceedings;
WHEREAS, notice of intent to adopt this resolution of
application has been given to each interested and each subjedt
agency; and
R -8035
� 1
Council Resolution No. 8035 (1992 Series)
Page 2
WHEREAS, the territory proposed to be annexed is uninhabited,
and a description of the boundaries of the territory is set forth
in Section 2; and
WHEREAS, this proposal is consistent with the sphere of
influence of the affected city; and
THEREFORE, BE IT RESOLVED BY THE SAN LUIS OBISPO CITY COUNCIL
AS FOLLOWS:
SECTION 1. Findings.
1. Annexation is appropriate since the site is contiguous to the
City if San Luis Obispo on its north, south and east sides.
2. The annexation area is already partially served by city
services, and is a logical addition to the city due to its
location and existing development.
3. The annexation area is within the Airport Area Specific
Planning Area, and is being jointly planned by the City and
County of San Luis Obispo.
4. County Land use approvals in the proposed annexation area have
allowed development of a scale and intensity comparable to
development in the adjacent incorporated area.
5. The proposed annexation will promote high quality development
at a visually prominent gateway to the City.
6. The proposed annexation will promote the health, safety, and
welfare of persons residing or working within or in the
vicinity of the annexation area by providing urban services,
including water and sewer service, city police and fire
protection, and general city government services.
SECTION 2. Annexation Area Described. The Broad Street
Annexation shall consist of that area, covering approximately 78
acres, bounded by Capitolio Way on the north, Sacramento Drive on
the east, Tank Farm Road on the south, and Broad Street (State
Highway 227) on the west, including all of Lots 91, 92, 93, 94, 95,
� n
Council Resolution No. 8035 (1992 Series)
Page 3
96, 98, 99, 100; and a portion of Lots 82, 83, 84, 85, 86, 87, and
90 of the San Luis Obispo Suburban Tract, south of the City of San
Luis Obispo, in the County of San Luis Obispo, as recorded in Book
i of Records of Survey, at Page 92, and State Route 227 (Broad
Street), as shown and more particularly described.in Exhibits "E"
and "F" attached hereto and by this reference incorporated herein.
SECTION 3. Council Recommendation. The City Council
recommends that the Local Agency Formation Commission approve the
proposed annexation subject to property owner compliance with city
requirements regarding environmental mitigation and public
improvements as described in Table 2 -2 of the project's Final EIR,
in accordance with California Government Code Section 56844 et.
sec., pursuant to Council Resolution No. 8023 (1992 Series), and
pursuant to the pre- annexation agreements between annexation area
.property owners and the City,.•.-
.:.•.,.
SECTION 4. Authorization to Staff to Begin.Negotiations.
The Chief Administrative Officer and Community Development Director
are authorized to submit application and fees, begin negotiations
for transfer of property tax revenue, and to cooperate with
property owners, Local Agency Formation Commission, and San Luis
Obispo County staff to allow formal annexation proceedings to
progress in an orderly and timely manner.
SECTION S. Implementation. The City Clerk shall forward a
copy of this resolution, General Plan and pre- zoning actions,
� 1
Council Resolution No. 8035 (1992 Series)
Page 4
environmental documents, and all pertinent supporting documents to
the Local Agency Formation Commission and property owners within
the annexation area.
NOW, THEREFORE, this Resolution of Application is hereby
adopted and approved by the City Council of the City of San Luis
Obispo, and the Local Agency Formation Commission of San Luis
Obispo County is hereby requested to take proceedings for the
annexation of territory as described in Section 2 and as shown in
Exhibits "E" and "F", according to the terms and conditions stated
above and in the manner provided by the Cortese -Knox Local
Government Reorganization Act of 1985.
On
motion
of Councilwoman
Rappa
, seconded by
Councilman
Reiss
, and on the
following roll
call vote:
AYES: Councilmembers Rappa, Reiss, Roalman, and Mayor Dunin
NOES: None
ABSENT: Councilwoman Pinard
the foregoing resolution was passed and adopted this 21st day of
July , 1992.
Mayor Ron Dunin
ATT ST U,.-�
Pam Voges, Cia Clerk
Council Resolution No.. 8035 (1992 Series)
Page 5
APPROVED:
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December 30, 1991
PROPOSED ANNEXATION TO
CITY OF SAN LUIS OBISPO
LEGAL DESCRIPTION
All of Lots 91, 92, 93, 94, 95, 96, 98, 99, 100, and a portion of
lots 82, 83, 84, 85, 86, 87, and 90, and the of Industrial Way
right -of -way of the SLO Suburban Tract as recorded in Book 1 of
Records of Survey, at Pg. 92, and State. Route 227 (Broad Street),
more particularly described as follows:
Beginning at the most easterly corner of said Lot 100, said
corner being a corner.of the existing City limits _(.per
Industrial.Annexation of May 1960).; thence South 65009104"
West (bearings per 11 Maps 53)- along.the dividing line of
Lots 100 and 101, also being the existing City.limits line a
distance of 789..97 feet more or less to the most southerly
corner of Lot 100; thence continuing South 65009104" West a
distance of 94.00 feet more or less to the westerly right -
of -way line of State Route 227 as widened by the State of
California; thence North 11011'45" West along said State
right -of -way (bearings per State right -of -way map) a distance
of 64.00 feet more or less to a point that is 55.00 feet left
of the State centerline at State Station 199 +85; thence
continuing along said State right- of- way.North 24000100" West
a distance of 611.22 feet; thence continuing along said State
right -of- way.on a curve to the right with a radius of 7055
feet-through an angle of 07018100" for a length of 898.87
feet; thence continuing along said State right -of -way North
16042100" West a distance of 753.72 feet; thence continuing
along said State right -of -way on a curve to the left with a
radius of 7945 feet through an angle.of 04048100" for a
length of 665.60 feet; thence North. 68030100" East a distance
of 15.00 feet more or less to the old right -of -way line of
said State Route; thence North 21026103" West along old said
right -of -way a distance of 5.00 feet more or less to the
existing City boundary (per Edna Road Annex 12); thence along
said City boundary North 670.30100" East (bearings per Edna
Road Annex #2) 84.00 feet more or less to an angle point on
the southerly right -of -way line of Capitolio Way; thence
continuing along said boundary and right -of -way line North
39002132" East a distance of 34.04 feet; thence continuing
along said boundary and right -of -way line North 65010100 East
a distance of 168.25 feet; thence continuing along said
boundary and right -of -way line on a curve to the right with a
radius of 230 feet through an angle of 23004126" for a length
of 92.62 feet; thence continuing along said boundary and
right -of -way line on a curve to the left, tangent to last
said curve, with a radius of 270 feet, through an angle of
23004126" for a length of 108.73 feet; thence continuing
along said boundary and right -of -way line North 65010100"
East a distance of 299.66 feet to the westerly right -of -way
line of Sacramento Street (Old Pacific Coast Railroad right-
,'� , J
of -way) being the most easterly corner of said Edna Road
Annex #2; thence along the existing City boundary and the
westerly right -of -way lime of Sacramento Street, South
47 025102" East (bearings per Public Streets Annex, Parcel C)
a distance of 1,314.62 feet;.thence continuing along.said
boundary and right -of -way line on a curve to the right, with
a radius of 1402.39 through an angle of 32012148" for a
length of 788.46 feet, more or less, to the most northerly
corner of Lot 97 of the San Luis Obispo Suburban Tract;
thence South 65 010100" West (bearing per SLO Suburban Tract)
along the existing City boundary and the southerly line of
Industrial Way a distance of 700.26 feet, more or less, to
the most northerly corner of Lot 98; thence South 24 050100"
along the northeasterly lines of Lots 98, 99 and 100, the
existing City boundary, a distance of. 990 feet, more or less,
to the POINT OF BEGINNING.
tpg3 /annex
by
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RESOLUTION NO. 8034 (1992 Series)
A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO
AMENDING THE GENERAL PLAN LAND USE ELEMENT MAP
FROM RURAL - INDUSTRIAL AND INTERIM CONSERVATION /OPEN SPACE TO
SERVICE- COMMERCIAL /LIGHT INDUSTRIAL IN THE BROAD STREET ANNEXATION AREA,
3800 BROAD STREET, (GP /R 1261).
WHEREAS, the Planning Commission and the City Council have
held public hearings on this amendment in accordance with the
California Government Code; and
WHEREAS, the amendment comes to the City Council upon the
favorable recommendation of the Planning Commission; and
WHEREAS, the City Council has certified the Final EIR for the
Broad Street Annexation and potential environmental impacts of the
annexation and general plan amendment have been evaluated in
accordance with the California Environmental Quality Act and the
City's Environmental Guidelines.
NOW, THEREFORE, the Council of the City of San Luis Obispo
resolves as follows:
SECTION 1. Findings.
1. The proposed general plan amendment is consistent with other
elements and policies of the General Plan, and with the Edna-
Islay Specific Plan.
2. The proposed general plan land use designation is appropriate
at this location, and will be compatible with surrounding
land uses.
R -8034
Council Resolution No. 8034 (1992 Series)
Page 2
3. The proposed general plan amendment will not be detrimental
to the health, safety, or welfare of persons living or working
on the site or in the vicinity of the project site.
SECTION 2. Environmental Determination. The City Council has
considered the Final Environmental Impact Report for the Broad
Street Annexation which addresses the proposed general plan
amendment, and determined that the Final EIR complies with the
California Environmental Quality Act and the City's Environmental
Guidelines, and has certified the Final EIR, including mitigation
measures and monitoring program as specified in Council Resolution
No. 8023 (1992 Series).
SECTION 3. Map Amendment. The General Plan Land Use Element
map is hereby amended from Rural- Industrial and Interim
Conservation/ Open Space to Service- Commercial /Light Industrial, as
shown in Exhibit "A." The Community Development Director shall
cause the change to be reflected on maps on display and published
by the city.
On motion of Councilwoman Rappa seconded by Councilman Reiss
and on the following . roll call vote:
AYES: Councilmembers kappa,. Reiss, Roalman,. and Mayor Dunin
NOES: None
ABSENT: Councilwoman Pinard
the foregoing resolution was passed and adopted this 21st day
of July 1 1992.
1
Council Resolution No.8034 (1992 Series)
Page 3
Mayor Ron Dunin
ATTEST:
a..0 /11-1
City C erk, Pam 00ges
APPROVED:
t
CItjA Adminis ative fficer
En plan dais a usE
a i , oo : BOUND
PUBLIC CONSERVATION /OPEN SPACE --- CITY LIMIT
3 variety of categories Most are „”' Areas marked for conservation/ open space are to be
a: -
preserved generally in them natural state or in agriculture An ■ ■ ■ ■ ■ ■■ URBAN RESER\
"; JH - Junior High, HS - Senior High other uses would not be ruled wt but generally would be The limit of potential urban t
idtcn. P - Police Station, H - HOSPaUI limned to low - impact recreational activities such as riding
stables Creek areas are protected in this category but the \ \ \ \\ OEVELOPMENT
' scale of this map does not Permit graphic representation Tirc; The boundary batmeeh Cast
is to be a concentration of govern designation includes private and puck labor. designated for urban use ins.
offices Plus cornvatble blsr esses INTERIM CONSERVATION / MAJOR EXPANI
ZA OPEN SPACE Larger areas of potential ou
nckrdes CWlerill oCUwGes and CJnnpat This 5 the desgnatinr given areas ivNCh will be kaPt o001 i outside the Present-cit/ k*
1 L`drmnercial areas besides the Pia: a
Jrbanilation is aw up rote, such ie, the e>IhnSion areaF oq - before development. Cen pro
SrnC the prn6e11t CM1Y Aron , $Pet Lc Vi '0Pm -�A5 rOr 1lraat!
must be approved alums wah the change to an to ham aw u.t•
designation
minty and neighborhood use ,r-C RURAL- INOUSTRIAL • EXHIBIT A
This cles,"trin is awhad to areas where industry w nixed
wth farnvng. Certain low ntens,ty nduatrrel uses will be
• Penntted. but the areas will be alCtl✓'agc`d to remain in _
ax\
I�
RESOLUTION NO. 8033 (1992 SERIES)
DELEGATING THE POLICE DEPARTMENT AS COUNCIL'S DESIGNEE
AND SETTING FORTH THE AMOUNT OF NON - REFUNDABLE FEES FOR
APPLICATION FOR A SOLICITOR'S PERMIT
WHEREAS, Chapter 5.16..050 of the City of San Luis Obispo
Municipal Code provides for the setting of non - refundable fees for
processing an application for a solicitor's permit; and
WHEREAS,, Chapter 5.16.070 of the City of San Luis Obispo
Municipal Code provides for the City Council to delegate a designee
to process the solicitor application and issue a permit; and
WHEREAS, Ordinance No. 1215 was made available for public
inspection and review ten days prior to a public hearing held on
this matter on July 21, 1992; and public notice was provided
fourteen (14) days prior to the public hearing; and
NOW, THEREFORE, the City Council of the City of San Luis
Obispo finds and resolves that a non- refundable fee in the amount
of $50.00 (fifty) be established for an initial investigation of
a solicitor wishing to obtain a permit; and that a non- refundable
fee in the amount of $55.00 (fifty -five) be established for
supplementary information and fingerprinting when necessary due to
preliminary findings from the initial investigation; and that the
Police Department serve as the City Council's designee to process
the application and issue the permit as appropriate.
R -8033
Resolution No. 8033
Page 2
( 1-) 92 Series)
Upon motion of Councilman Roalman , seconded by
Councilman Reiss ,. and on the following roll call vote:
AYES: Councilmembers Roalman, Reiss, Rappa, and Mayor Dunin
NOES: None
ABSENT: Councilwoman Pinard
the foregoing resolution was adopted this 21st day of
July 1992.
ayor Ron Dunin
ATTES
City Clerk, Pam ges
APPROVED:
Ci A minist ative Officer
Director of Finance
. -- 4 10
olice Chief
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RESOLUTION NO. 8032 (1992 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING A UTILITY BILLING ADJUSTMENT COMMITTEE
WHEREAS, no procedures currently exist for appeal of decisions made by the
Finance Department concerning customer billing concerns; and
and
WHEREAS, situations do arise where adjustments to billings may be appropriate;
WHEREAS, it is in the public interest to establish a method of effectively and fairly
resolving customer billing concerns on a timely basis.
NOW, THEREFORE BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. A Utility Billing Adjustment Committee is hereby established
composed of one management representative from Finance, Utilities, and
Administration.
SECTION 2. The Committee shall have the authority to resolve customer
billing concerns, including the reduction of any amounts billed, as the Committee deems
appropriate.
SECTION 3. The Committee shall establish procedures as necessary for
performing its duties.
SECTION 4. Upon request from the customer, the Committee shall meet with
the customer to discuss their billing concern. The customer shall be notified within five (5)
worldng days of the Committee's decision.
R -8032
Resolution No. 8032 (( 2 Series)
Page 2
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 21st day of
July , 1992.
Mayor Ron Dunin
ATTEST:
U01
City Ckprk Pam vo t s
APPROVED:
0, Fot
Utili s Director
UTILITY BILLING ADJUSTMENT COMMITTEE PROCEDURES
1. The purpose of the Committee is to resolve billing concerns in a timely and fair
manner. As such, meetings should be held by the Committee as soon as practical
after requested by the customer.
2. Customers should request a hearing by the Committee in writing; however, verbal
requests will be honored. The . Finance Department will be responsible for
scheduling meetings. All efforts will be made to schedule meetings for the
convenience of the customer as well as the members of the Committee.
3. In order to ensure timeliness in the resolution of billing matters, a. Committee
member may designate another management representative to serve on the
Committee in their place if they are unable to attend a scheduled meeting. All
efforts should be made to ensure that there are three Committee members at each
meeting.
4. When a customer requests that their billing concern be addressed by the Committee,
no adverse action (such as discontinuance of service) should be taken against the
customer until final resolution by the Committee.
5. If the issue involves the cost of the billing (such as increased water usage), the
customer will be required to pay at least the uncontested portion of the bill in order
to prevent discontinuance of service.
6. All decisions of the Committee shall be provided in writing to the customer within
5 working days.
C�
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RESOLUTION NO. 8031
(1992 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF.SAN LUIS OBISPO
APPROVING THE TENTATIVE MAP FOR MINOR SUBDIVISION SL092 -039,
CREATING TWO LARGE LOTS FROM ONE,
ON SOUTH HIGUERA STREET, BETWEEN GRANADA DRIVE AND TANK FARM ROAD.
(MS 72 -92)
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 MS 72-
92 (SLO -92 -039), staff recommendations and reports thereon, makes
the following findings:
1. The design of the tentative map is consistent with the
general plan and the Higuera Commerce Park Specific Plan.
2. The site is physically suited for the type and density of
development allowed in the M -SP zone.
3. The design of the tentative map is 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 will not conflict with
easements for access through, or use of property within,
the proposed subdivision.
5. An environmental impact report for the Higuera Commerce
Park Specific Plan was adopted by the council in 1979, and
the Community Development Director granted a Negative
Declaration, with mitigation, to the subdivision request
on May 18, 1992, finding that no significant harm to the
environment was likely to come from this request.
6. The successful implementation of land use, circulation and
services and utilities planning concepts and standards of
the Higuera Commerce Park Specific Plan will in no way be
jeopardized by the proposed parcel sizes, location, or
configuration.
7. The property to be divided is of such size or shape and
includes existing structures which make it impossible,
impractical or undesirable, in the particular case, to
conform to the strict application of the Subdivision
R -8031
Resolution No. 8031
MS 72 -92
Page 2 .
1. (1992 Series)
Regulations or the Higuera Commerce Park Specific Plan.
8. The cost to the subdivider of strict or literal compliance
with the regulations is not the sole reason for granting
the exceptions to lot size, frontage, and design.
9. The exceptions to lot size, frontage, and design will not
be detrimental to the public health, safety, and welfare,
or be injurious to other properties in the vicinity.
10. Granting the exceptions to lot size, frontage, and design
is in accord with the intent and purposes of these
regulations, and is consistent with the.general plan and
the Higuera Commerce Park Specific Plan and other plans of
the city.
il. The total area of the two lots is greater than the minimum
area required by the Higuera Commerce Park for two lots in
the "special industrial sub- area ".
12. Because of the shape of the site and the buildings on the
site, it is difficult or impossible to design two four -
acre- minimum lots without creating irregular lot designs
that will be awkward to develop further..
.13. Because of the unique situation described in no. 12, above,
approval of an exception to lot area in this case will not
create a precedent for future lot divisions in the
southerly 30 acres of Higuera Commerce Park.
SECTION 2. The tentative map for Minor Subdivision 72 -92
(SLO -92 -039) is approved subject to the following conditions:
1. Any future development of either parcel shall be consistent
with the Higuera Commerce Park Specific Plan.
2. The applicant must submit a parking and driveway agreement
to the Community Development Director for review, approval,
and recordation, that specifies the responsibilities and
rights of each property owner in the use.and maintenance
of the parking lots and driveways.
Resolution No. 8031
MS 72 -92
Page 3
(1992 Series)
On motion of Councilman Reiss
seconded by Councilwoman Rappa , and on the following
roll call vote:
AYES: Councilmembers Reiss, Rappa, Pinard,and Mayor Dunin
NOES: Councilman Roalman
ABSENT: None
the foregoing resolution was passed and adopted this 30th
of June , 1992.
0
Ron Dunin
ATTEST:
City Clerk Pam Voges
APPROVED:
CitylAdministraftive Officer
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RESOLUTION NO.8030(1992 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO AUTHORIZING FUNDING TO TWENTY -ONE AGENCIES
IN THE AMOUNT OF $75,755 FOR FISCAL YEAR 1992 -93
THROUGH THE PROMOTIONAL COORDINATING COMMITTEE
WHEREAS, in the past, the City of San Luis Obispo has authorized and distributed
Grants -In -Aid funding to community organizations which provide economic, cultural, and
recreational services to residents and visitors; and
WHEREAS, funding for the Grants -In -Aid program has been included in the 1991-
93 Financial Plan for the City of San Luis Obispo under Community Promotion Programs
in the amount of $79,600.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. That certain organizations attached hereto and marked Exhibit "A"
shall be provided funding as is designated in the same attachment.
SECTION 2. The staff is directed to prepare a contract for each agency identified
in Exhibit "A" and the City Administrative Officer is authorized to execute such contracts.
Upon motion of Councilman Reiss , seconded by
Vice Mayor Rappa and on the following roll call vote:
AYES: Councilmembers Reiss, Rappa, Roalman, and Mayor Dunin
NOES: Councilwoman Pinard
ABSENT: None
the foregoing resolution was passed and adopted this 7th day of July ,
1992.
R -8030 .
Page Two
Resolution No.803g1992 Series)
ATTE
Pam Vqges, City Cler
A
John D nn, City Administrative Officer
/;K46rgey(sren, ity A rney
dg \pccrpt
PCCEXA
EXHIBIT "A"
ORGANIZATION
GRANT AMOUNT
1.
Cuesta College Public Events
$ 2,000
2.
Artemis, A Theatre Company
3,500
3.
Pacific Repertory Opera
2,400
4.
San Luis Vocal Arts Ensemble
3,200
5.
Mystick Krewe of Karnival
3,200
6.
MAY (Music and the Arts for Youth)
3,040
7.
Coastal Access Musicians Alliance
1,000
S.
San Luis Obispo Mozart Festival
5,600
9.
San Luis Obispo Art Association
6,000
10.
SLO County Youth Symphony and Junior Strings
2,800
11.
San Luis Obispo Community Concert Association
2,500
12.
ARTernatives
4,000
13.
Children's Creative Project
6,400
14.
San Luis Obispo County Symphony
5,600
15.
San Luis Obispo County Band
2,560
16.
Central Coast Repertory Theatre
3,675
17.
Cuesta College Art Gallery
3,280
18.
Cal Poly Arts
3,000
19.
Arts Council of San Luis Obispo County
2,000
20.
La Fiesta de San Luis Obispo
4,000
21.
SLO Little Theatre
6,000
TOTAL
$75,755
PCCEXA
RESOLUTION 1\10.80291992 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING FUNDING TO TWENTY -EIGHT AGENCIES IN THE AMOUNT
OF $84,700 FOR FISCAL YEAR 1992 -93 THROUGH THE
HUMAN RELATIONS COMMISSION
WHEREAS, the City of San Luis Obispo supports non - profit agencies which
provide human and social services to the residents of the City of San Luis Obispo through
its annual Grants -In -Aid process; and
WHEREAS, funding for the Human Relations Commission Grants -In -Aid program
has been included in the 1991 -93 Financial Plan for the City of San Luis Obispo;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. That certain agencies attached hereto and marked Exhibit "A" shall
be provided funding as is designated in the same attachment.
SECTION 2. The staff is directed to prepare a contract for each agency identified
in Exhibit "A" and the CAO is authorized to execute such contracts.
Upon motion of vice Mayor 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 7th day of
July 1992.
R -8029
Page 2
Resolution No. 80211992 SERIES)
! wa-z- �&'Aqj 0 i to] 0 0 iplo i�
ATTES
�J
Pam V ges, City Cler
APPRO
John Du n, City Administrative Officer
rge rney
\A:HRCGIA \staff.rpt
Exhibit "A"
RECOMMEN.
AGENCY 1992 -93
Ad Care Association
$ 2,000
ALPHA
1,000
American Red Cross
4,200
Caring Callers
450
Camp Fire Council
1,000
Casa Solana
5,000
Child Development Center
7,500
Easter Seals
1,500
EOC Family Planning
3,000
EOC Senior Health Screening
2,700
*EOC Child Care Connection
1,000
Family Services Center
4,000
Food Bank Coalition
1,000
4 -H Youth Program
1,000
Grass Roots II
3,000
Hospice
4,200
Hotline
3,100
Life Steps
1,600
Literacy Council
1,500
Long Term Care Ombudsman
1,200
Mental Health Association
5,000
National Council on Alcoholism
1,500
Poly Pals
500
Rape Crisis
5,500
RSVP
600
Salvation Army
12,000
Senior Peer Counseling
1,650
Women's Shelter
8,000
TOTAL $ 84,700
*Vice Mayor Rappa stepped down due to conflict of interest.
A:92HRCGIA \staff.rpt
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RESOLUTION NO. 8028(1992 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO REQUESTING THE SAN LUIS
OBISPO COUNTY BOARD OF SUPERVISORS
TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION
ON TUESDAY, NOVEMBER 3, 1992, WITH THE STATEWIDE
GENERAL ELECTION TO BE HELD ON THAT DATE
BE IT RESOLVED by the City of San Luis Obispo as follows:
SECTION 1. The Board of Supervisors of the County of San Luis Obispo is hereby
requested to order the consolidation of the General Municipal Election with the Statewide
General Election to be held on Tuesday, November 3, 1992, and said Board of Supervisors
is hereby authorized to canvass the returns of the election called and the election shall be
held in all respects as if there were only one election and one form of ballot, namely the
ballot used at such general election shall be used. The precincts, polling places and officers
of election for the General Municipal Election hereby called shall be the same as those
provided for said Statewide General election and as set forth in Section 23312 of the
Election Code.
The Board of Supervisors is requested to certify the results of the canvass of the
returns of the General Municipal Election to the Council of the City of San Luis Obispo,
which shall thereupon declare the results thereof.
SECTION 2. The Board of Supervisors is hereby requested to issue instructions to
the County Clerk and Registrar of Voters to take any and all steps necessary for the holding
of said General Municipal Election. The City will pay its pro rata share of extra costs
incurred by the County in consolidating the elections pursuant to Section 51350 of the
Government Code.
;:o:
Resolution No 8028(1992 SERIES)
Page Two
SECTION 3. The City Clerk is hereby directed to file certified copies of this
resolution with the Board of Supervisors, the County Clerk and the Registrar of Voters of
the County of San Luis Obispo.
SECTION 4. The City Clerk shall certify to the passage and adoption of this
resolution.
On motion of Councilman Roalman , seconded by Councilwoman Pinard ,
and on the following roll call vote:
AYES: Councilmembers Roalman, Pinard, Rappa, Reiss, and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 30 day of June , 1992.
*-Mayr"-Ro`n Dunin
APPROVED:
C*Adinistrativ=eOfficer
G:BORDELEC
0
RESOLUTION NO. 8027 (1992 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO CALLING THE GENERAL MUNICIPAL ELECTION TO BE
HELD TUESDAY, NOVEMBER 3, 1992
BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows:
SECTION 1. Pursuant to Section 302 of the City Charter, a General Municipal
Election shall be held Tuesday, November 3, 1992, to fill the following elective offices:
(a) Mayor - two (2) year term.
(b) Two (2) Councilmembers - four (4) year terms each and to vote on any other'`
measure placed on the ballot by the Council.
SECTION 2. For purposes of this election the polls shall be open from 7 :00 a.m.
to 8:00 p.m,
SECTION 3. Pursuant to Election Code Section 10012 and Municipal Code Section
2.40.080(A)(6), each candidate may .submit with the nomination papers a Statement of
Qualifications of the candidate of no more than 400 words, which statement will be printed
and mailed out with the sample ballot at no cost to the candidate..
SECTION 4. Pursuant to Sections 4015.5 and 5014.5 of the Elections Code, rebuttal
arguments will be permitted, and shall be filed with the City Clerk not more than 10 days
after the final date for filing direct arguments.
Onmotionof Councilman Roalmar6econdedby Councilwoman Pinard I ,and
on the following_ roll call vote:
AYES: Councilmembers Roalman, Pinard, Rappa, Reiss,: -.and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 30 day of June , 1992.
R -8027
Resolution No. 8027(1992 Series)
Page Two
s„
`ATTEST:.
'City, . lerk;Pam Iv
APPROVED:
__..
City A — 'strative Officer
0'1524 2,W& a L �Ji���.
7.
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Ci* Clerk
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RESOLUTION NO.8026 (1992 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO, CALIFORNIA, CALLING AND GIVING
NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION
ON TUESDAY, NOVEMBER 3, 1992, FOR THE SUBMISSION OF A
BALLOT MEASURE TO THE ELECTORATE CONCERNING THE
STATE WATER PROJECT
WHEREAS, the City Council of the City of San Luis Obispo adopted Resolution No.
8001 authorizing the execution and delivery of a Water Supply Agreement and a Water
Treatment Agreement and a Water Treatment and Local Facilities Agreement and
authorizing certain other actions concerning the State Water Project; and
WHEREAS, the meeting was noticed as required by law; and
WHEREAS, pursuant to authority provided by Division 5, Chapter 3, Article 2
(commencing at Section 4050) of the Election Code of the State of California, a petition
has been filed with the legislative body of the City of San Luis Obispo signed by more than
ten percent of the registered voters of the city to repeal the resolution or submit it to a vote
of the electorate; and
WHEREAS, there is uncertainty whether Resolution 8001 is a valid subject of a
referendum, to the extent that authorizing the execution and 'delivery of a Water Supply
Agreement and a Water Treatment and Local Facilities Agreement and authorizing certain
other actions may be administrative acts;
WHEREAS, even if Resolution 8001 is not a valid subject of a referendum,
Elections Code Section 4051 et. seq., (and interpreting case law) appears to require that the
petition be placed on the ballot unless the City is directed to do otherwise by a court upon
a determination that the resolution is not a valid subject of a referendum;
WHEREAS, the City Clerk examined the records of registration and ascertained that
the petition is signed by the requisite number of voters, and has so certified;. and
WHEREAS, the City Council has not voted in favor of the repeal of the resolution;
and
WHEREAS, the City Council is authorized and directed by statute to submit the
resolution to the voters;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER
AS FOLLOWS:
SECTION 1. That pursuant to the requirements of the laws of the State of
California relating to charter cities, there is called and ordered to be held in the City of San
Luis Obispo, California, on Tuesday, November 3, 1992, a General Municipal Election for
the purpose of submitting the following resolution:
R -8026
Resolution No. 8026 (1992 Series)
Page Two
Shall Resolution 8001 authorizing the execution
and delivery of a Water Supply Agreement and
Water Treatment and Local Facilities Agreement YES
and authorizing certain other actions for NO
participation in the State Water Project
be repealed?
SECTION 2. That the text of the resolution submitted to the voters is attached as
Exhibit A.
SECTION 3. That the ballots to be used at the election shall be in .form and
content as required by law.
SECTION 4. That the City Clerk is authorized, instructed and directed to procure
and furnish any and all official ballots, notices, printed matter and all supplies, equipment
and paraphernalia that may be necessary in order to properly and lawfully conduct the
election.
SECTION 5. That the polls shall be open at seven o'clock a.m. of the day of the
election and shall remain open continuously from that time until eight o'clock p.m of the
same day when the polls shall be closed, except as provided in Section 14301 of the
Elections Code of the State of California.
SECTION 6. That in all particulars not recited in this resolution, the election shall
be held and conducted as provided by law for holding municipal elections.
SECTION 7. That notice of the time and place of holding the election is given and
the City Clerk is authorized, instructed and directed to give further or additional notice of
the election, in time, form and manner as required by law.
SECTION 8. That the City Clerk shall certify , to the passage and adoption of this
resolution and enter it into the book of resolutions.
Onmotionof Councilman Roalman ,secondedby Councilwoman Rappa and
on the following roll call vote:
AYES: Councilmembers Roalman, Rappa, Reiss, and Mayor Dunin
NOES Councilwoman Pinard
ABSENT: None
the foregoing Resolution was passed and adopted this 30th
ATTEST:
ty.Cirk P
a�
\ I
day of .Tune . 1992.
oges
a • r s s
APPROVED:
City dministrative Officer
EXHIBIT "All
CERTIFICATE OF SUFFICIENCY
I, Pam Voges, City Clerk of the City of San Luis Obispo, California, hereby certify
that I have carefully checked the names on a referendum petition filed in my office on May
21, 1992, reading in full as . follows:
"REFERENDUM AGAINST A RESOLUTION PASSED BY THE SAN LUIS
OBISPO CITY COUNCIL.
TO THE SAN LUIS OBISPO CITY COUNCIL:.
Pursuant to California Elections Code Section 4051, we, the undersigned, not less
than ten percent of the.number of registered qualified voters in the City of San Luis Obispo
according to the County Clerk's last .official report of registration, hereby present this
petition protesting your adoption on April 21, 1992; of Resolution No. 800L We request
that the resolution be entirely repealed by you, or be submitted to a vote of the people at
the next regular or special election for which it qualifies. The full text of the Resolution
is as follows:
Resolution No. 8001 (1992 Series). A RESOLUTION OF THE SAN LUIS OBISPO
CITY COUNCIL AUTHORIZING THE EXECUTION AND DELIVERY OF A WATER
SUPPLY AGREEMENT AND A WATER TREATMENT AND LOCAL FACILITIES
AGREEMENT AND AUTHORIZING CERTAIN OTHER ACTIONS
WHEREAS, the City of San Luis Obispo is a Charter City duly organized and
existing under. the Constitution and laws of the State of California:
WHEREAS, pursuant to the Ralph M. Brown Act constituting Chapter 9 of Part 1
of Division 2 of Title 5 (commencing with Section 54950) of the California Government
Code this meeting was duly noticed;
WHEREAS, the City of San Luis Obispo .intends to enter into a water supply
agreement (the "Water Supply Agreement ") with the San Luis Obispo County Flood Control
and Water Conservation District (the "District ") and a water treatment and local facilities
agreement (the "Water Treatment and Local Facilities Agreement ") with the District.
WHEREAS, a Final Environmental Impact Report, "State Water Project, Coastal
Branch, Phase u, and Mission Hills Extension" (Coastal Branch EIR) has been certified by
the State of California, Department of Water Resources, and all requirements of the
California Environmental Quality Act ( "CEQA ") have been satisfied by the Coastal Branch
EIR; and,
WHEREAS, the City Council has made certain environmental evaluations, findings,
determinations; and a statement of overriding considerations;. for City participation in the
State Water Project; and
WHEREAS, Preliminary Design and a Final Environmental Impact Report, "State
Water Project Coastal Branch (Phase II) Local Distribution Lines and Facilities" (SLO EIR)
has been completed and certified by the District and all requirements of CEQA have been
satisfied relating to the construction of the local distribution lines and facilities described
in the SLO EIR; and,
WHEREAS, it is the desire of the City of San Luis Obispo as a responsible agency
to approve those portions of said local distribution lines and facilities which he within the
City's jurisdiction.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
Section 1. Declaration of City Council. This City Council hereby specifically finds
and declares that the actions authorized hereby constitute and ate with respect to public
affairs of the City, and that the statements, findings and determinations of the City set forth
in the preambles above and of. the documents approved herein are true and correct.
Section 2. Water Su.Qply Agreement. The form of Water Supply Agreement,
presented to this meeting and on file with the City Clerk is hereby approved. The Mayor
and the City Clerk are each hereby authorized.. and directed. to execute, acknowledge and
deliver said Water Supply Agreement. in substantially said form, with such changes therein
as the City of San Luis Obispo may require or approve, such approval to be conclusively
evidenced by the execution and delivery thereof.
Section 3. Water Treatment and Local Facilities Agreement. The form of Water
Treatment and Local Facilities Agreement, dated as of March 1, 1992, presented to this
meeting and on file with the City Clerk is hereby approved. The Mayor and the City Clerk
are each hereby authorized and directed to execute, acknowledge and deliver said Water
Treatment Agreement in substantially said form, with such changes therein as the City of
San Luis Obispo may require or approve, such approval to be conclusively evidenced by the
execution and delivery thereof.
Section 4. CEOA Compliance. The City Council hereby adopts and approves the
certified Coastal Branch EIR and the certified SLO EIR and certifies that is has considered
the Coastal Branch EIR and SLO EIR and the environmental effects of the facilities
described therein, in reaching its . conclusion to approve those portions of said local
distribution lines and facilities which lie within the City's jurisdiction .and in making its
decision to enter into the Water Supply Agreement and Water Treatment Agreement
described in this Resolution. The City Council hereby adopts as being true and correct the
Findings, Conditions, and Statement of Overriding Considerations previously adopted and
incorporates the same by reference herein.
Section 5. Further Actions. The Mayor and City Administrator are hereby
authorized to do any and all things, to execute and deliver any and all documents, which
they may deem necessary or advisable in order to give effect to and comply with the terms
and intent of this resolution, the Water Supply Agreement, the Water Treatment
Agreement and the SLO EIR and the Coastal Branch EIR.
Section 6. Effective Date. This resolution shall take effect immediately upon its
passage.
On motion of Councilman' Reiss, seconded by Councilwoman Rappa, the foregoing
was PASSED AND ADOPTED this 21st day of April 1992, by the following vote:
AYES: Councilmembers Reiss, Rappa, and Mayor Dunin
NOES: Councilmembers Pinard and Roalman
ABSENT: None
/s/ Mayor Ron Dunin
Attest:
/s/ Pam Voges, City Clerk
APPROVED:
/s/ John Dunn, City Administrative Officer
/s/ Jeffrey G. Jorgensen, City Attorney
/s/ William T. Hetland, Utilities Director
The signatures found on the petition were compared to the signatures of the Affidavit of
Registration in the Registrar of Voters Office. 'Pursuant to Section 4011 of the California
Elections Code, the petitions were found to contain the-signatures of more than 10% of the
voters of the City of San Luis Obispo according to the County Clerk's official report of
registration to the Secretary of State effective May 4, 1992, recording -.a, total of 22,678.
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RESOLUTION NO. 8025 (1992 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AMENDMENTS TO THE 1991 -93 FINANCIAL PLAN AND
ADOPTING APPROPRIATIONS FOR THE 1992 -93 FISCAL YEAR
WHEREAS, the Council adopted the 1991 -93 Financial Plan which established
comprehensive financial and policy guidelines for the 1991 -92 and 1992 -93 Fiscal Years;
and
WHEREAS, the 1991 -93 Financial Plan included appropriation estimates for Fiscal
Year 1992 -93; and
WHEREAS, the Council has reviewed proposed changes to the 1991 -93 Financial
Plan to be effective for Fiscal Year 1992 -93 after scheduled public budget sessions and
hearings; and
WHEREAS, the City Administrative Officer has submitted the 1991 -93 Financial
Plan Supplement and Preliminary 1992 -93 Budget to Council for their review and
consideration.
NOW, THEREFORE, be it resolved by the Council of the City of San Luis Obispo
that the Operating, Debt Service, and Capital Budget for the Fiscal Year beginning July
11 1992 and ending June 30, 1993 is hereby adopted as follows;
R -8025
Operating
Debt Service
Capital
Public Safety
10,013,400
217,000
2,465,000
Public Utilities
7,004,200
932,700
7,105,000
Transportation
3,146,600
19405,100
1,679,600
Leisure, Cultural, and
Social Services
3,252,220
263,600
1,127,000
Community Development
3,182,860
0
0
General Government
4,921,370
0
553,700
TOTAL
$31,5201650
$2,8181400
$12,930,300
R -8025
Resolution No. 8025 (1992 Series) Page 2
Councilwoman
Upon motion of Rappa , seconded by Councilman Roalman
and on the following roll call vote:
AYES: Councilmembers Rappa, Roalman, and Mayor Dtmin
NOES: Coumcilu ember Pinard
ABSENT: Councilmember Reiss
the foregoing resolution was adopted this
n umn, yor
APPROVED AS TO FORM
W;X0
APPROVED AS TO CONTENT
City Admi ' trative Officer
Director of Finance
16th .
day of June 1992.
O�)
RESOLUTION NO. 8024
-1
(1992 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING APPROVAL OF VESTING TENTATIVE MAP FOR MINOR
SUBDIVISION NO. 91 -203, AND OF REQUESTED EXCEPTIONS
TO FLAG WIDTH AND SETBACK'REQUIREMENTS
FOR PROPERTY LOCATED AT 1259 AND 1361 BISHOP 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. 91 -203, and the
Community Development Director's recommendations, staff
recommendations and reports thereon, makes the following findings:
1. The design of the vesting tentative map 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 -4 zone.
3. The design of the vesting 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 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 vesting tentative map will not have a significant
effect on the environment and has granted a negative
declaration.
SECTION 2. Exceptions. Approval of exceptions to flag width
and setback requirements, based on the following findings:
1. There are size, shape or topographic conditions affecting the
site which justify approval of the requested exceptions.
R -8024
Resolution No. 8024 (1992 Series)
Page 2
2. Cost to the subdivider of strict or literal compliance with
the regulations is not the sole reason for granting the
exceptions.
3. The exceptions will not be detrimental to the public health,
safety, or welfare.
4. The granting of the requested exceptions is consistent with
the intent of the Subdivision Regulations and General Plan.
SECTION '3. Conditions. That the approval of the vesting
tentative map for Minor Subdivision No. 91 -203 be subject to the
following conditions:
1. Subdivider shall demolish the existing studio apartment
located near the northeast property line, or convert it to a
covered parking space, to comply with residential density
regulations of the Zoning Regulations.
2. Subdivider shall provide parking for any remaining dwelling
unit on Parcel A, in compliance with the Zoning Regulations
and to the approval of the Community Development Director.
3. Subdivider shall modify existing storage structures on Parcel
A and parcel B to provide a minimum five -foot setback from new
lot line.
4. Subdivider shall submit a final map to the city for review,
approval and recordation. The map shall be prepared by, or
under the supervision of, a registered civil engineer or-
licensed land surveyor.
5. Subdivider shall provide individual electrical, cable
television, and natural gas services and metering for both
parcels to the approval of affected public utility agencies
and the City Engineer.
6. Subdivider shall provide individual water services and sewer
connections for each lot, to the approval of the City
Engineer.
7. If the existing principal residence located on Parcel A is
demolished or removed at any time in the future, subdivider
or subsequent owners of either or both parcels shall provide
either a 20 -foot access way with a,16 -foot driveway for access
to Parcel B, or a 20 -foot common driveway with a 16 -foot
driveway, prior to issuance of any building permit . This
requirement shall be recorded as a note on the final map,
Resolution No. 8024
Page 3
(1992 Series)
and /or by means of a separate agreement, to the approval of
the City Engineer and Community Development Director.
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:
1. Subdivider shall install durable boundary monuments, to the
approval of the City Engineer.
2. Subdivider shall provide a 20 -foot access driveway per Uniform
Code 10.207(b). (Option: If a narrower driveway is provided,
subdivider shall place on the final map a note that emergency
access deficiency shall be mitigated by provision of an
automatic fire sprinkler system per NFPA 13 -D for all
structures located on Parcel B.)
On motion of Councilwoman Pinard , seconded by Mayor. Dunin
and on the following roll call vote:
AYES: Councilmember,:Pinard, Mayor Dunin, Councilmembers Rappa, and Roalman
NOES: None
ABSENT: Councilmember Reiss
the foregoing resolution was passed and adopted this 16th day of
June , 1992.
Ron Dunin
ATTEST: .
. 4:;;z V
city C erk, Pam oges
i
Resolution No. 8024 (1992 Series)
Page 4
APPROVED:
0
City Adm istrative Officer
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RESOLUTION NO. 8023 (1992 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE
BROAD STREET ANNEXATION LOCATED AT 3800 BROAD STREET
The Council of the City of San Luis Obispo resolves as
follows:
SECTION I. Findings.
1. The City has published and made available for public review
the draft environmental impact report for the proposed Broad
Street Annexation in accordance with the California
Environmental Quality Act (CEQA) and the City's Environmental
Guidelines.
2. The Planning Commission and the City Council have held public
hearings on the EIR for the Broad Street Annexation in
accordance with the California Government Code.
3. The Final EIR for the Broad Street Annexation has been
prepared after extensive public review and includes responses
to comments by the Planning Commission, public agencies and
concerned individuals pursuant to CEQA.
SECTION 2. Final EIR Certification. The City Council
hereby certifies that:
1. It has reviewed and considered the Final EIR for the proposed
Broad Street Annexation, and finds that the Final EIR reflects
the independent judgement of the City Council.
2. The Final EIR has been completed in compliance with CEQA and
the City's Environmental Guidelines.
3. The Final EIR adequately identifies the project's potentially
significant adverse impacts and alternatives to the proposed
action, and that the mitigation measures and monitoring
program listed in Table 2 -2 of the Final EIR will avoid or
substantially lessen adverse impacts to traffic and
circulation, water and sewer services, and drainage to levels,
of non - significance.
4. The Council determines that the project may be approved
despite significant, unavoidable adverse air quality impacts
R -8023
Council Resolution No.
Page 2
8023 (1992 Series)
resulting from development within the proposed annexation, due to
overriding considerations in support of the proposed project,
pursuant to Section 15093 (b) of CEQA. These are:
A. Annexation will promote well- planned, orderly, and
esthetically attractive development in this area,
consistent with City standards and compatible with
adjacent City areas;
B. Traffic safety measures, including driveway access
limitations on State Highway 227, and trip reduction
programs will be implemented in the annexation area
and result in greater public safety and convenience
than would be possible under County zoning;
C. Urban services such as police, fire, water and sewer
services will be available to the area which is
expected to develop with urban type commercial and
industrial uses, whether or not annexation is
approved;
D. Enhanced property, utility and sales tax revenues
will defray public service costs and allow public
improvements in the annexation area to improve the
public health, safety, and welfare; and
E. Air quality impacts described in the EIR are based
on the number of vehicle trips, not on the number
of miles driven. Potential uses under City zoning
may provide goods and services for nearby residents
that are currently not. available within walking,
biking or short - driving distance. Development under
the City - proposed zoning is likely to have a less
significant impact on air quality than implied by
the air quality impact analysis based solely on
number of vehicle trips.
5. Potential impacts found not to be significant due to absence
in the area, minor effects or project characteristics are:
community plans and goals, population distribution and growth,
land use, noise, geology and topography, plant and animal
life, archaeology or historic resources, esthetics, and energy
and resource use.
SECTION 3. Mitigation Measures and Monitoring Program. The
Council hereby approves and incorporates the mitigation
measures and monitoring program listed in Table 2 -2 of the
Final EIR (April 1992) into the annexation project, with the
following changes to be incorporated into the Final EIR:
Council Resolution No. 8023 (1992 series)
Page 3
1. Water Main Extension. Delete mitigation measure number
1 on page 2 -15. Approved plans for the Southern
California Gas Company corporation yard already include
extension of a water main along Industrial Way to serve
Lot 3.
2. Fire Hydrants. Revise mitigation measure 6, page 2 -16,
changing implementation timing from 112/4" to "1" to
insure that fire hydrants are installed "upon annexation"
On motion of Councilwoman Rappa seconded
by
Councilman Roalman
roll call vote:
, and on the following
AYES: Comcilmembers Rappa, Roalman, and Tbyor Dtmin
NOES: Councilmember Pinard
AB S ENT : Councilmember Reiss
the foregoing resolution was passed and adopted this 16th day of
June , 1992.
Mayor Ran Dtmi n
ATTEST:
4LU"
City Clerk P Voges
Council Resolution No.
Page 4
APPROVED:
8023 (1992 Series)
City dministrative Officer
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.Annexation Area Map
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Figure 2 -1
JOHN L. WALLACE do ASSOCIATES
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RESOLUTION NO. 8022
(1992 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING SEWER SERVICE CHARGES
WHEREAS, it is the policy of the City of San Luis Obispo to
review enterprise fund fees and rates on an ongoing basis and to
adjust them as required to ensure that they remain equitable and
adequate to fully cover the cost of providing services; and
WHEREAS, a comprehensive analysis of Sewer Fund operating,
capital, and debt service needs has been performed for fiscal years
1992 -93 through 1996 -97.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
San Luis Obispo as follows:
SECTION 1. Resolution No. 6824 (1990 Series) is hereby
rescinded.
SECTION 2. Fees for sewer service are hereby established
as follows:
A. Every person or business entity whose premises in the City
are served by a connection with the City's sewer system shall pay
monthly service charges per Schedule 1 attached hereto.
B. Any non - residential customer using substantial amounts of
water consumed for landscaping or other purposes not requiring
sewer treatment or collection facilities may appeal to the
Utilities Director to determine an equitable ratio of sewer use
for billing purposes or the user may, at the user's own expense,
install private measuring devices in accordance with the
specifications approved by the Utilites Director.
R -8022
Resolution No. 8022
Page 2
On motion of Councilwoman Rappa seconded by
Councilman Roal= and on the following roll call vote:
AYES • Council .Rappa, Roalman, and Mayor IhLr n
NOES: Cou ncilmember Pinard
ABSENT: Cotincilmember Reiss
the foregoing resolution was passed and adopted this 16th day
of June
, 1992.
� r '
F%Rgy�or Ron Dunin
ATTES .
v
City Clerk Pam ges
APPROVED:
City Ad%inistrative Officer
i�
Dit'ector of Finance
A, Ili77Y
lities Dir ctor
Resolution No. 8022
Page 3
- �'-�' SCHEDULE 1
MONTHLY SEWER SERVICE CHARGES
Effective Dates
Type of Account 7/1/92 7/1/93 7/1/94
-------------------------=-------------------------------- - - - - --
Single family dwelling, $15.00 $18.50 $19.50
including single meter
condominiums and townhouses
Multi- family dwelling unit $12.00 $14.75 $15..50
in any duplex, apartment house
or roominghouse, per each
dwelling unit
Mobile. Home or trailer park, $ 9.00 $11.10 $11.70
per each dwelling unit
Hotel, motel, or auto court, $12.00 $14.75 $15.50
per each unit
Public, private or parochial $ 1.70 $ 2.10 $ 2.20
school, average daily attendance
at the school
Each restaurant or bakery
Minimum charge $15.00 $18.50 $19.50
Additional charge for every $ 3..00 $ 3.70 $ 3.90
100 cubic feet in excess of
500 cubic feet of metered
water consumption
All other accounts
Minimum charge $15.00 $18.50 $19.50
Additional charge for every $ 1.80 $ 2.20 $ 2.30
100 cubic feet in excess of
500 cubic feet of metered
water consumption
Each vehicle discharging sewage
into City system
Minimum charge $50.30 $62.00 $65.00
Additional charge per $ 3.00 $ 3.70 $ 3.90
100 gallons in excess of
1500 gallons discharged
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Recording requested by
and when recorded mail to:
City Clerk
City of San Luis Obispo
P. 0. Box 8100
San Luis Obispo, CA 93403 -8100
Doc No: 1994-010799
Official Records
San Luis Obispo Co.
Francis M. Cooney
Recorder
Feb 189 1994
Time: 15:03
_ [ 3]
RESOLUTION NO. 8021 (1992 Series)
Rec No: 00012856
;NF 0.00
,TOTAL 0.00
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
FINDING AND DETERMINING THAT MITCHELL DRIVE, WEST OF
MEADOW STREET, IS UNNECESSARY FOR PRESENT OR PROSPECTIVE
PUBLIC PURPOSES AND ORDERING ITS ABANDONMENT, SUBJECT TO
RESERVATION,OF PUBLIC UTILITY EASEMENTS, RECORDATION OF
A COMMON DRIVEWAY EASEMENT AGREEMENT AND
GRANT OF AN OPEN -SPACE 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
June 16, 1992, pursuant to Section 8300 et seq. of the California
Streets and Highways Code, this Council finds and determines that
Mitchell Drive, west of Meadow Street 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: (1) reservation of public pedestrian
access, sewer, water line and utility easements over the entire
right of way; (2) submittal of a common driveway easement
agreement for approval and recordation which provides for common
driveway access in perpetuity to parcels formerly served by the
right of way, to the satisfaction of the Community Development
Director; (3) grant of an open -space easement to the City,
within the boundaries of
R -8021
Resolution No. 8021 (1990 Series)
Page Two.
Lot Line Adjustment LLA 92 -003, to the satisfaction of the
Community Development Director; and (4) concurrent recordation
of lot -line adjustment map and /or certificate of compliance for
LLA 92 -003.
SECTION 3. Upon notification by the City Engineer that the
conditions prescribed in Section 2 have been met, 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.
On motion of Councilman Roalman , seconded by Councilwoman Pinard
and on the following roll call vote.
AYES: Council ers Roaham, Pinard, Rappa, and Mayor Da-in
NOES: None
ABSENT: Council member Reiss
the- Joregoing Resolution was passed and adopted this 16th day of
? June
TJ, L !
, 1992.
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LEGAL DESCRIPTION
MITCHELL DRIVE ABANDONMENT
WEST OF MEADOW STREET
That portion of unnamed street right of way, 30 feet wide, (known
as "Mitchell Drive "), lying west of Meadow Street (formerly Story
Street) as shown on the map of the Caudill Tract, as recorded in
Book 3 of Maps, at Page 32, in the Office of the County Recorder,
County of San Luis Obispo, State of california.
RESERVING therefrom, public easements for sewer and water mains
and appurtenances, utilities, public pedestrian access and
private access to the respective southerly adjacent parcels.
City of EXHIBI T 'A
alias san Lug s o$� spo AfAreA LL DRi✓E ABANOoNMEVT
(mor vA Miaow sr -
MB -9z
END OF DOCUUFPJY
Resolution No. 8020 (1992 Series)
A RESOLUTION OF THE COUNCIL OF THE
CITY OF SAN LUIS OBISPO UPDATING THE LIST OF
CITY EMPLOYEES AND COMMISSION MEMBERS REQUIRED
TO FILE A CONFLICT OF INTEREST STATEMENT
AND RESCINDING RESOLUTION NO. 7029 (1991 SERIES)
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Designated city employees and commission members listed on the
attached Exhibit "A" shall be required to file a Conflict of Interest Statement (Form 730)'
with the City Clerk.
SECTION 2. Resolution No. 7029 is rescinded upon adoption of this resolution.
On motion of Councilwoman Rappa seconded by
Councils Foal= , and on the following roll call vote:
AYES: Council members Rappa, Roalman, Pinard, and Mayor Ihmin
NOES: None.
ABSENT: council member Reiss
the foregoing Resolution was passed and adopted this 16th day of
Jbrie , 1992.
ATTEST:
V
C17 CLERK VOGES
Approved:
OR RON DUNIN
Q3 eu 14 cQ n,!W n Ca.6L
CitktAtt6rneyl
R -8020
Resolution No. 8020
Page 2
DEPARTMENT POSITION TITLE
Administrative Office:
Assistant City Administrative Officer
Transit Manager
Administrative Analyst (2)
Executive Secretary
City Attorney:
Assistant City Attorney
City Clerk's Office:
City Clerk
Assistant. City Clerk
Community Development Dept.:
Community Development Director
Principal Planner
Senior Planner (vacant)
Long Range Planner
Associate Planner(s)
Assistant Planner(s)
Chief Building Official
Plan Check Engineer
Building Inspectors)
Administrative Analyst
Permit Coordinator
Zoning Investigations Coordinator
Finance Department:
Revenue Manager
Accounting Manager
Accounting Supervisor
Customer Services Supervisor
Information Systems Coordinator
Fire Department:
Fire Chief
Battalion Chief(s)
Battalion Chief (Fire Marshall)
Fire Protection Engineer
Hazardous Material Inspector
Plan Check Inspector
Fire Inspector
Personnel Department:
Personnel Director
Personnel Analyst(s)
Executive Secretary
Resolution No. 8020
Page 3�i v
Police Department:
Chief of Police
Police Captain(s)
Police Lieutenant(s)
Support Services Manager
Public Works Department:
Director of Public Works (vacant)
Administrative Analyst
Projects Manager
Streets Manager
Streets Supervisors(s)
Parking Manager
Streets Project Coordinator
Parks and Buildings Manager
Parks Supervisor(s)
Public Works Inspector(s)
City Engineer
Field Engineering Assistant
Supervising Civil Engineer(s)
Civil Engineer(s)
Engineering Assistant(s)
Engineering Field Supervisor
Engineering Technicians
Supervising Mechanic
Arborist
Colf Course Supervisor
Building Maintenance Supervisor
Solid Waste Coordinator (Contract position)
Parks and Building Project Assistant (Contract position)
Energy Coordinator (Contract position)
Traffic & Transportation Manager*
Transportation Planner*
Recreation Department:
Director of Recreation
Utilities Department:
Utilities Director
Administrative Analyst
Utilities Engineer
Water Supply Supervisor (Whale Rock)
Water Treatment Plant Supervisor
Wastewater Treatment Plant Supervisor
Industrial Waste Coordinator
Water Division Manager
Wastewater Division Manager
Water Distribution Supervisor
Wastewater Collection Supervisor
Water Conservation Coordinator*
Water Projects Manager (Contract)*
Reclamation Coordinator (Contract)*
Resolution No. 8020 ,
Page 4
Committees /Commissions:
Architectural Review Commissioners
Housing Authority Commissioners
Housing Authority Executive Director
BIA Administrator
*Added this year
NOTE: Temporary positions may be required to file a Conflict of Interest
Statement upon determination by the City Attorney that the temporary position
is the function equivalent of a designated position. Consultants are also
requited to file conflict of interest statements.
City Councilmembers, Planning Commissioners, City Administrative Officer, City
Attorney and City Finance Director are required to file Form 721 with the
Secretary of State and are, therefore, not shown as designated positions by the
City.
61 1
C
RESOLUTION NO. 8019(1992 Series)
A RESOLUTION OF COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING THE APPROPRIATION LIMIT AND SELECTING THE ADJUSTMENT
FACTORS FOR THE FISCAL YEAR 1992 -1993
WHEREAS, the voters approved the Gann Spending - Limitation Initiative on
November 6, 1979 and Proposition 111 on June 5, 1990, which established and defined
annual appropriation limits on State and local government entities; and,
WHEREAS, regulations provide for the establishment by resolution by the
governing body of each local jurisdiction of its appropriations limit and the annual
adjustment factors; and,
WHEREAS, the required computations to determine the estimated appropriations
subject to limitation for Fiscal Year 1992 -93 have been performed by the Department of
Finance and are available for public review.
NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of San
Luis Obispo does hereby adopt the following appropriation limit and annual adjustment
factors for Fiscal Year 1992 -93:
Appropriations Limit, 1991 -92 $22,009,518
Cost of Living Factor
California Per Capita Income 0.64%
Population Factor
County Population Growth 1.00%
Appropriations Limit, 1992 -93 $22,087,343
:I
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Resolution No. 8019 (1992 Series)
Page 2
Upon motion of Councilwoman Rappa , seconded by 711 a or Ihu#n
and on the following roll call vote:
AYES: Council er Rapp4, Mayor Dunin, and Cou ncilmernber Roal=
NOES: Cou ncilnember Pinard
ABSENT: Cou ncilmeznber Reiss
the foregoing resolution was adopted this 16th
on Dunin, ayor
ATTEST:
r� ut-v�
City C rk Pam Vo
APPROVED AS TO FORM
CREMMFA 0
A,
APPROVED AS TO CONTENT
day of June 1992.
Resolution No. 8019
City of San Luis Obispo
APPROPRIATION LIMIT
Limit
Fiscal Year Base
6692 Series) Page 3
HISTORY Attachment A
Inflation Population Appropriation Appropriations
Factor Factor Limit Subject to Limit Variance
1978 -79 $8,018,152
1979 -80
$8,018,152
1.1017
0.9966
8,803,564
$6,189,680
$2,613,884
1980 -81
8,803,564
1.1211
1.0052
9,920,998
5,795,468
4,125,530
1981 -82
9,920,998
1.0912
1.0103
10,937,298
8,296,846
2,640,452
1982 -83
10,937,298
1.0679
1.0259
11,982,451
8,247,797
3,734,654
1983 -84
11,982,451
1.0235
1.0142
12,438,188
9,414,875
3,023,313
1984 -85
12,438,188
1.0474
1.0213
13,305,250
10,356,484
2,948,766
1985 -86
13,305,250
1.0374
1.0204
14,084,445
11,451,837
2;632,608
1986 -87
14,084,445
1.0230
1.0297
14,836,316
13,081,774
1,754,542
Pre -Prop 111
1987 -88
14,836,316
1.0304
1.0071
15,395,880
14,411,701
984,179
1988 -89
15,395,880
1.0393
1.0410
16,656,977
15,223,479
1,433,498
1989 -90
16,656,977
1.0498
1.0293
17,998,848
16,753,800
1,245,048
Post -Prop 111
1987 -88
14,836,316
1.0347
1.0293
15,800,924
14,411,701
1,389,223
1988 -89
15,800,924
1.0466
1.0410
17,215,275
15,223,479
1,991,796
1989 -90
17,215,275
1.0519
1.0392
18,818,610
16,691,715
2,126,895
1990 -91
18,818,610
1.0421
1.0459
20,511,013
15,005,409
5,505,604
1991 -92
20,511,013
1.0414
1.0304
22,009,518
14,911,057
7,098,461
1992 -93
22,009,518
0.9936
1.0100
22,087,343
18,094,926
3,992,417
a:\approhis
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RESOLUTION NO.80180992 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO DECLARING A FINANCIAL EMERGENCY
WHEREAS, State officials have determined that the State budget gap of $11 billion
can be reduced in part by taking away revenues now received by cities; and
WHEREAS, if revenues are taken from cities and shifted to the State, cities will
experience a drastic drop in services or be forced to raise taxes to maintain services; and
WHEREAS, city officials are declaring a fiscal emergency to oppose State taking
of city revenues and to urge fiscal responsibility by the State; and
WHEREAS, city governments have maintained fiscal responsibility in the face of
staff and revenue reductions comparable to reductions in other levels of government; and
WHEREAS, city taxpayers should not be asked to assume responsibility for funding
State services; and
WHEREAS, the State could reduce its budget gap by eliminating tax loopholes in
the existing tax system estimated at $20 billion annually..
NOW, THEREFORE, BE IT RESOLVED, that the cities of San Luis Obispo County
jointly oppose any State actions that solve their budget gap that take away needed
revenue from cities.
R -8018
Resolution No. 8018 (1992( _ies)
Page 2 _
C
On motion of Councilwoman Rappa seconded by Councilman
and on the following role call vote:
AYES: Council ers Rappa, Roalman, Pinard, and Mayor Dunin
NOES: None
ABSENT: Counci-lmember Reiss
the foregoing resolution was pased and adopted on this 16ttthday of Dime , 1992.
v ayor on Dunin
ATTEST: f l
�J
City Jerk Pam VdJes
APPROVED:
City A inistrative Officer
g:budgrt.res
j
8017
RESOLUTION NO. (1992 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING WATER SERVICE RATES
WHEREAS, a comprehensive review of water system operating and
capital needs has been performed and reviewed by the City Council;
and
WHEREAS, based on this review the Council has determined that
meters be set at construction sites under a new rate structure; and
WHEREAS, it is the City's policy that water rates and charges
fully recover the operating and capital costs of the water system.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
San Luis Obispo as follows:
SECTION 1. Chapter 4.20.060 of the Municipal Code (Rates for
service per bi- monthly billing cycle) is hereby amended as set
forth in Exhibit A attached hereto.
SECTION 2. The rates set forth in Exhibit A shall be
effective July 1, 1992.
SECTION 3. All other provisions of Chapter 4.20 remain in
full force and effect.
R -An 17
Resolution No.(' 7 (1992 Series)
Page 2
On motion of Councilmember Rappa' - , seconded by
Councilmember 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 on the 1st day of June
1992.
G- Mayor Ron Dunin
"Z, L),A/>
Cit Clerk Pam oges
APPROVED:
ty Administrative Officer
Director of Finance
r=
Exhibit A
RATES FOR WATER SERVICE PER BIMONTHLY BILLING CYCLE
Rates for water service per bimonthly billing cycle consist of
readiness to serve and commodity charges as follows:
A. Readiness to Serve Charges
Bimonthly Minimum Charge
Meter Size Inside City Outside City
5/8 inch
$11.80
$23.60
3/4 inch
$17.70
$35.40
1 inch
$29.50
$59.00
1 1/4 inch
$47.20
$94.40
1 1/2 inch
$71.00
$142.00
2 inch
$118.00
$236.00
3 inch
$212.00
$424.00
4 inch
$375.90
$751.80
6 inch
$568.30
$1,136060
8 inch
$896.20
$1,792.40
10 inch
$1,136.60
$2,273.20
Greater than 10 inches
to be determined by the
Director of Finance
B. Commodity Charge
In addition to the bimonthly readiness to serve charge,
commodity charges per hundred cubic feet of water (CCF) used
per account for all users, are as follows:
Water Usage
Construction Site Meters only
0 to 2 ccf
In excess of 2 ccf thereafter
All Others
0 to 10 ccf
Commodity Charge
Inside City Outside City
$1.20 $2.40
$150.00 $300.00
$1.20 $2.40
In excess of 10 ccf thereafter $2.40 $4.80
ll � 4- a
RESOLUTION NO. 8016
(1992 Series)
PROGRAM SUPPLEMENT NO. 001
STATE -LOCAL TRANSPORTATION
PARTNERSHIP PROGRAM AGREEMENT NO. SLTPP -5016
WHEREAS, the State of California through the State -Local
Transportation Partnership Program, encourages the expenditure of
local funds for street improvement projects, and
WHEREAS, the City completed project street Reconstruction
and Resurfacing Project, Various Locations, City Plan No. R -01A
that included pavement overlay and rehabilitation on South St.,
Buchon St., Islay St., Leff St., Ferrini Rd., Sycamore Dr., and
Osos St. which qualifies for a 30.02% State reimbursement.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City
of San Luis Obispo does hereby approves Program Supplement No.001
to State -Local Transportation Partnership Program Agreement No.
SLTPP -5016 and authorizes the Mayor to execute the documents.
Upon motion of Councilmember Rappa , seconded. by
Councilmember Roalman
and on the following role call vote:
AYES: Councilmembers Rappa, Roalman, Pinard,.Reiss and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was adopted this 1st day of June, 1992
ATTEST:
, C
wer:!� .. . '-
tRayor on unin
R -8016
Resolution No. 8016 (1992 Series)
APPROVED:
n n
��
Date: January �5, 1992
PROGRAM SUPPLEMENT NC_. 001 Locati._:': 05- SLO -O -SLO
to Project Number: SB92- 5016(007)
STATE -LOCAL TRANSPORTATION E.A. Number: 05- 929571
PARTNERSHIP PROGRAM AGREEMENT NO. SLTPP -5016
This Program Supplement is hereby incorporated into the State -Local Trans-
portation Partnership Program Agreement for State Share Funds which was
entered into between the Local Entity and the State on 06 /01/ 92 and is
subject to all the terms and conditions thereof. This Program Supplement
is adopted in accordance with Paragraph 3 of Article I of the aforemen.
tioned Master Agreement under authority of Resolution No..
approved by the Local Entity on (See copy attached).
The Local Entity further stipulates that as a condition to payment of funds
obligated to this project, it accepts and will comply with any covenants or
remarks setforth on the following pages.
PROJECT TERMINI:
(12) VARIOUS STREETS IN CITY OF SAN LUIS OBISPO
TYPE OF WORK: RECONSTRUCTION AND OVERLAY LENGTH: 0.0 (MILES)
PROJECT CLASSIFICATION OR PHASE(S) OF WORK
[X] Construction /Construction Engineering /Contingencies
Estimated Cost State Share Funds Matching Funds
FY92 $ 250,967 Local OTHER OTHER
$ 11047,323IFY93 $ 0 $ 796,356I$ OI$ 0
01
CITY OF SAN LUIS OBISPO STATE OF CALIFORNIA
Department of Transportation
B By
y _ �.: a ..�
MAYOR RON DUNIN DISTRICT LOCAL
STREET AND ROADS ENGINEER
Date ° • Date
Attest
Title
-q!PL CLERK P OGES
I hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting office Date �'�S'�1Z $ 250967.00
Chapter Statutes I Item ea Program ISCI Fund Source AMOUNT
467 1990 2660- 101 -042 90 -91 20.25.010.120 C 258010 042 -7 250967.00
05- SLO -O -SLO
SB92- 5016(007)
l
SPECIAL COVENANTS OR REMARKS
DATE: O1/15/92-
PAGE: 2
1. It is mutually understood between the parties that this
contract may have been written before ascertaining the
availability of legislative appropriation of funds, for
the mutual benefit of both parties, in order to avoid
program and fiscal delays that would occur if the
agreement were executed after that determination was
made.
The total amount of State - Local Transportation
Partnership funds payable by the State shall not exceed
$250967 to be encumbered and reimbursed as follows:
FY 91 -92 $ 250967
FY 92 -93 0
FY 93 -94 0
Any increase in State Partnership funds will require a
revised program supplement.
Any decrease in State Partnership funds will require a
revised finance letter.
2. The State Funds Share is calculated based on the lower
of the approved eligible application amount or the
eligible award amount.
3. The Reimbursement Ratio for this Cycle 2 (91/92) project is
30.02%.
RESOLUTION NO. 8015 (1992 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO REVISING A MANAGERIAL COMPENSATION PLAN FOR
APPOINTED OFFICIALS AND FOR CERTAIN MANAGEMENT PERSONNEL
AND SUPERSEDING PREVIOUS RESOLUTIONS IN CONFLICT
WHEREAS, the City Council established a comprehensive Appointed
Officials and Management Development and Compensation policy in 1989; and
WHEREAS, the Council is committed to a comprehensive policy that
strengthens the recruitment and retention of well qualified and effective
appointed officials and management personnel; and
WHEREAS, the Council desires to maintain an Appointed Officials and
Management Compensation Plan which is consistent with other compensation
plans; and
WHEREAS, the Council is committed to a compensation plan which
reflects the differences between duties, responsibilities and job .requirements;
and
WHEREAS, the Council determines that merit and performance shall be
the basis for Appointed Official and Management compensation; and
WHEREAS, consistent with Section 701 of the City Charter, the City
Council is the appointing authority for the City Administrative Officer, City
Attorney and the City Clerk (Appointed Officials), and the City Administrative
Officer is the Appointing Authority for Management positions; and
u_stni s
r.
r i
Resolution No. 8015 0 992 Series)
Page 2
WHEREAS, the appointing authority is responsible for the selection,
evaluation and the level of compensation for the appointed employee; and
WHEREAS, the City Council agreed to adjust the open -range Appointed
Officials and Management Personnel Salary Schedule (Exhibit A) in 1992 based
on a comprehensive survey.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San
Luis Obispo as follows:
Section 1. An
Appointed Official
and Managerial salary
plan is an
important component
of a comprehensive
compensation policy.
In order to
remain competitive with the professional marketplace and promote merit and
performance as the criteria for individual salary determinations, the following
open -range Appointed Officials and Management Personnel Salary Schedule
(Exhibit A) shall be increased 4 %. The City Attorney range shall be increased
by an additional 6 %.
Any adjustment to the salary schedule in 1993 shall be authorized by
Council resolution.
Resolution No. 8015 0 992 Series)
Page 3
EXHIBIT "A"
APPOINTED OFFICIALS -.AND MANAGEMENT SALARY SCHEDULE
1992
GROUP MANAGEMENT POSITION SALARY RANGE
MIN MID MAX
C.A.O.
ATTORNEY
III POLICE CHIEF
FIRE. CHIEF
COMMUNITY DEVELOPMENT DIRECTOR
PUBLIC WORKS DIRECTOR
UTILITIES DIRECTOR
ASSISTANT C.A.O
IV CITY ENGINEER
FINANCE DIRECTOR
V PERSONNEL DIRECTOR
RECREATION DIRECTOR
VI CITY CLERK
6422
7339
5577
6366
5273
6018
4815 5503
4358 4987
8254
7154
6764
6192
5620
3784 4358 4931
Section 2. The Appointing Authority, or City Administrative Officer
shall determine compensation within the designated range, after evaluating
performance using professional compensation principles and the following
guidelines (Exhibit "B ") and salary increase matrix. (Exhibit "C "). Such
- i
Resolution No. 8015 0 992 Series)
Page 4
determination shall reflect merit and performance as the standard and basis for
managerial compensation. In addition, the appointing authority may reduce
compensation if performance is unsatisfactory.
The salary increase Matrix is hereby scaled back to provide for 1 -4%
salary increases for competent to highly competent performance as follows:
EXHIBIT "B"
PERFORMANCE GUIDELINES
First quartile of the salary range: promotional and initial hiring range and
learning curve on the job
Second quartile of the salary range: experienced level and lateral hiring;
competent performance of the job after completion of learning /adjustment
curve after hire
Third quartile of the salary range: hiring exceptionally qualified; consistently
competent performance over time
Fourth quartile of the salary range: exceptional performance over time; strives
to excel in numerous areas
EXHIBIT "C"
SALARY INCREASE MATRIX
Performance Status: Quartile:
1 st 2nd 3rd 4th
Probation (not adequately 0% 0% 0% 0%
performed)
Fair
Competent (expected
performance level)
Highly Competent
Exceptional
0 -2 0 -1 0% 0%
3 -5 2 -4 1 -3 0 -1
3 -6 4 -5 3 -4 2 -3
8 -9 7 -8 5 -6 3 -4
Resolution No. 8015 (1992 Series)
Page 5
Section 3. One of the two floating holidays assigned to Appointed
Officials and Management Personnel shall be converted to a fixed holiday to
observe Martin Luther King Day. This shall become effective when all other
employee groups in the City observe this holiday similarly.
On motion of Councilmember Rappa seconded by Councilmember Reiss
and on the following role call vote:
AYES: Councilmembers Rappa, Reiss, Roalman and Mayor Dunin
NOES: Councilmember Pinard
ABSENT: None
the foregoing resolution was passed and adopted this 19th day of
MAY 1992.
ATTEST:
i " Ujk%4-A
5V CLERK P ela Voges
APPROVED:
ity dministrative Officer
MEMO
• a -
WMEEMW
-004*07) woo,
r® on Dunin
Personnel Director
Finance Dire for
Attachment A
APPROVED SALARY INCREASES FOR CITY EMPLOYEES
Association
1/92
7/92
1/93 7/93 1/94
Police
3%
4%
3%
Police Staff
Officers
3%
4%
3%
Fire
4%
4%
3% 4% 3%
Mid- Management
3%
0-7%
Confidential
6%
Battalion Chiefs
3%
4%
3
General Employees
3%
1
Al
RESOLUTION NO. 8014 (1992 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AN APPEAL OF THE ARCHITECTURAL REVIEW
COMMISSION'S ACTION_, THEREBY APPROVING A RESIDENCE ON A
SENSITIVE SITE, AT 1673 LA VINEDA, AS SUBMITTED.
(ARC 89 -80).
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 applicant's appeal, and the
Architectural Review Commission's action, staff recommendations and
reports thereon, makes the following findings:
1. The proposed residence, as amended by the additional
mitigation noted below, will not harm the health, safety,
or welfare of persons in the vicinity:
2. There is no substantial evidence that the proposed
residence, as amended by the additional mitigation noted
below, will have. a significant effect on. the environment
and hereby is granted a negative declaration of
environmental impact.
3. There is no substantial evidence. that approval of this
project, as amended by the additional mitigation noted
below, will have the cumulative environmental effect of
setting a precedent of failing to abide by the
Administrative Creek Policy, for these reasons:
First, this project falls within the lesser setback
criteria of the Administrative creek Policy because: (1)
the channel in question is minor and not judged to be a
significant riparian corridor; (2) the configuration and
slope of the lot makes reasonable development without some
exception impossibie; and (3) the lot is the last infill
site where An irregular pattern of setbacks has been
established.
Second, the Administrative Creek Policy expressly
recognizes that the Policy is to be a guideline which can
be departed from when the intent can be met through
alternative approaches: In this case, the open space
easement with conditions is such an alternative approach.
Therefore, the Administrative Creek Policy has been
followed.
R -8014
Resolution No. 8014 (1992 Series)
ARC 89 -80: 1673 La Vi_neda
Page 2
4. The existence of a public controversy over the
environmental effects of the project does not require the
preparation of an environmental impact report because there
is no substantial evidence before this Council that the
project may have a significant effect on the environment.
The City Council's disagreement with staff and the
Architectural Review Commission does not constitute a
serious public controversy. (Perley v. County of Calaveras
(1982), 137 Cal.App.3d 424, 436, 187 Cal.Rptr. 531 61.)
Moreover, those opposing the project have expressed a
general desire for strict adherence to creek setback
policies in general, but they have failed to adequately
analyze this particular Administrative. Creek Policy.
Therefore, the opponents' fears and desires about this
project lack an objective basis for challenge and do not
rise to the level of a serious public controversy.
(Perlev, supra, 137 Cal.App.3d at 436; Newberry Springs v.
San Bernardino (1984), 150 Cal,.App.3d 740, 749, 198'
Cal.Rptr. 100, 105.)
5. The proposed residence's setback from the creek and from
the riparian vegetation is consistent with other creek
setbacks approved by the City in the vicinity.
6. The City Council has reviewed a letter from the applicant's
representative, Brent Wiese, dated April 31 1992, to the
City Attorney, Jeffrey Jorgensen, and considers the
information provided in that letter to be part of the
factual evidence supporting the Council's decision.
SECTION 2. Environmental .review.. The environmental
initial study is hereby amended by replacement of mitigation
measure no. 1 with the following:
1. To mitigate the effects of placing the building
close to the riparian vegetation, the property
owner shall grant to the city an easement covering
the riparian area, for the purpose of protecting
sensitive riparian habitat. Conditions of the
easement shall include the following:
* No structures or solid fencing shall be placed
on.or within the easement area.
* The general topography of the easement area
shall be preserved substantially in its
existing condition. No grading shall be
Resolution No. 8014 (1992 Series)
ARC 89 -80: 1673 La Vineda
Page 3
allowed except as permitted by the Community
Development Director.
* No removal of vegetation shall be allowed,
except for fire protection or other hazards,
or for the elimination of.diseased growth as
approved by the Community Development Director.
* All unvegetated area below the 360' elevation
shall be irrigated and planted with native
riparian species, according to a landscape plan
submitted for the approval of the Community
Development Director. The Community
Development Director will route the plan to the
Department of Fish and Game (DFG) for comment,
prior to action.
Monitoring
* City staff will require the easement to be recorded
prior to issuance of a building permit.
* A planting plan will be required to be submitted
as part of building permit plans. These plans will
be _reviewed by the DFG prior to approval. Planting
will be required to be installed prior to
occupancy, unless planting is guaranteed by
contract with the City. After planting, staff will
periodically inspect the area to assure that the
plants are maintained.
* If the Community Development Director determines
that any of the above mitigation measures are
infeasible or ineffective, he may require
additional mitigation to replace them, provided the
replacement measures achieve the same goal of
mitigating potential environmental impacts..
SECTION 3. The appeal is hereby approved and the proposed
residence is approved as proposed.
Owl
i
Resolution No. 8014 (1992 Series)
ARC 89 -80: 1673 La Vineda
Page 4
On motion of Councilmember Reiss
seconded by Councilmember Roalman and on the following roll
call vote:
AYES: Councilmembers Reiss, Roalman, Pinard, Rappa and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 19th _ day
Of May , 1992.
Mayor- xon ounin
ATTEST:.
C2, U'ot
City Clerk pt Voges
APPROVED:
City A inistrative Officer
community
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RESOLUTION NO. 8013 (1992 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING APPROVAL OF TENTATIVE TRACT NO. 2100
LOCATED AT 3935 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 tentative map of Tract 2100 and the Planning
Commission's recommendations, staff recommendations, and reports
thereof, makes the following findings:
1. The design of the tentative map and the proposed
improvements, as conditioned, 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 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. An environmental impact report was adopted by the City
Council for the Edna -Islay Specific Plan. In accordance
with State law, the Community Development Director has
determined that no further environmental study is necessary.
SECTION 2. Conditions. The approval of the tentative map
for Tract 2100 be subject to the following conditions:
1. Development of the subdivision must be in accordance with
the Edna -Islay Specific Plan.
2. When construction of the subdivision is complete, Poinsettia
Street improvements must be in a "like new" condition, or
shall be repaired or replaced to the satisfaction of the
City Engineer. Because of the new improvements, and water,
sewer, and utility services to be installed with this
subdivision, a one inch blanket pavement may be required to
the satisfaction of the City Engineer.
R -8013
Resolution No: 8013(1992 Series)
Tract 2100 .
Page 2
3. The offer of dedication of portions of Bougainvillea and
Columbine will remain valid until such time as the street
dedications are accepted or alternative'access is provided
for the adjacent county area, to the satisfaction of the
Community Development Director and Public Works Director-.
4. The subdivider shall provide for dedication of a public
sewer main easement through lot 9 or lot 10, to the
satisfaction of the City Engineer and Utilities Engineer, to
allow for a possible future sewer main connection from
Industrial Way to Poinsettia Street.
5. Vehicular access rights along the Industrial Way frontage
must be dedicated to the City.
6. All boundary monuments, lot corners and centerline
intersections, and other survey points, must be tied to the
City's control network. At least two control points shall
be used and a tabulation of the coordinates shall be
submitted with the final map. A 5 -1/411- diameter computer
floppy disk, containing the appropriate data for use in
autocad for Geographic Information System (GIS) purposes, is
also required to be submitted to the City Engineer.
7. Lots shall be designed to drain to Poinsettia Street, unless
other arrangements are made with adjacent properties,
acceptable to the City Engineer. Consideration for added
detention basin flows should be addressed or other
provisions must be made in accordance with the Edna- .Islay
Specific Plan.
8. The masonry wall along Industrial Way shall be extended to
the tract boundary.
9. 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.
10. The subdivider shall consult with the existing homeowners
association, encompassing the adjacent residential property,
and ask to amend the existing covenants, conditions, and
restrictions (CC &R's) in force for the adjacent residential
development, by attaching this subdivision to the other
subdivisions governed by the homeowners' association created
by these CC &R's. If approved, these amended CC &R's shall be
approved by the Community Development Director and
administered by the homeowners' association. If the request
Resolution No. 8013 (1992 Series)
Tract 2100
Page 3
is rejected by the Homeowner's Association, proof of such
rejection must be provided to the Community Development
Director.
11. 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.
12. If the offer to dedicate the extension of Bougainvillea
Street is not accepted by the City, and the extension
thereby abandoned, then,a common driveway agreement shall.be
submitted to the Community Development Director for review,
approval, and recordation, allowing use of the accessway to
lot 10 (alternative design) to be shared by the residents of
lots 8 and 9.
13. The subdivider shall install a 6 foot high fence along the
easterly property line of lot 7 to assure a degree of
privacy to adjoining property owners.
On motion of Councilmember Roalman ,
seconded by Councilmember Reiss , and on
the following roll call vote:
AYES: Councilmembers Roalman, Reiss, Pinard, Rappa & Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 19th day
of May , 1992. .
r xon -gunin
ATTEST•
U
'City Jerk Pam ges
®--- MMMMUM-Mb
Resolution No. 8013(1992 Series)
Tract 2100
Page 4
APPROVED:
City Ad inistrative Officer
C
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RESOLUTION NO. 8012
(1992 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO CONFIRMING COSTS OF CURB, GUTTER AND
SIDEWALKS CONSTRUCTED UNDER THE 1911 ACT
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. That pursuant to public hearings duly held, the Council
hereby determines that is has addressed objections of protests to the
costs of construction submitted by the Public Works Director and hereby
confirms said costs as submitted as set forth hereafter.
SECTION 2. That the hereinafter listed construction costs shall be
paid within five (5) days after the date hereof and any such costs
remaining unpaid thereafter shall be turned over to the City Tax
Collector to be placed as a lien against the property and collected
with the city taxes, and subject to the same penalties and costs if not
paid on the first installment. The property owners, addresses and
construction costs are shown on Exhibit "A ".
SECTION 3. If the assessment is $1,000 or more, payment may be made
in three annual installments at seven percent (7%) interest subject to
all the curative clauses and powers of the 1911 Act. The property
owners, addresses and construction costs are shown in Exhibit "B ".
On motion of Councilmember Rappa , seconded by
Councilmember Reiss and on the following roll call vote:
AYES: Councilmembers Rappa, Reiss, Pinard, Roalman..and Mayor Dunin
NOES: None
ABSENT: None
R -8312
C�
Resolution No. 8012 (1992 Series)
the foregoing Resolution was passed and adopted this 19th
day of May , 1992.
- --
r MAYOR Ron Dunin
ATTEST:
()O"�V4 S
CITY CVERK Pam Voges
APPROVED:
City Ad-m--"' istrative Officer
4,t -CZ,
Public orks Director
91confirm.wp /th #2
C
EXHIBIT "A"
1911 Act - New Construction
LOCATION OWNER COST
653 Woodbridge Street F. A. Astiz $ 700.00
623 Par -kins Lane Timothy Hand�ec.1,
(: sckview Place side` etal 1, 440 1��3 ,`
_. � imp
r2952 2 954 Ro%.;kv±t:w Place N. ff. s &�alln.eYt E
3949 69- 79- 99- -Bread Street 3E.M. en
2435 I-as er-ee��. Est. e€ W.H. Meleber 2,241.46.
2106 Harris Street
LOCATION
406 Ferrini Street
Olconfirmmp /th #2
J.M. & D. Collins
1911 Act - Repairs
OWNER
W. C. Taylor
2,700.00
COST
4,122.49
d 1/ 2
OWNER
I.M. and R. Shulman
N. J. Scott
T.M. Banducci
�I
EXHIBIT "B"
Owners Requesting Three Year Pay -off Option
LOCATION
3049- 69 -79 -99 Broad Street
2952 -2954 Rockview Place.
623 Perkirns:Lane (Rockview Place side)
COST
$2,150.00
$1,700.00
$1.040.00
nj� it ,i � - �` �
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Resolution No. 8011 (1992 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
SUPPORTING AN APPLICATION FOR INCLUDING THE TRIBUNE- REPUBLIC
BUILDING LOCATED AT 1763 SANTA BARBARA STREET
ON THE NATIONAL REGISTER OF HISTORIC PLACES
WHEREAS, the City supports the preservation of important historic and cultural
resources within San Luis Obispo, and
WHEREAS, the City has identified the structure at 1763 Santa Barbara Street as an
important historic structure and has included it on a listing of local landmarks (the Master
List of Historic Resources) as potentially eligible for the National Register, and
WHEREAS, Devin and Astrid Gallagher have prepared a National Register
application for their property at 1763 Santa Barbara Street and have requested that the City
endorse said application, and
WHEREAS, the San Luis Obispo Cultural Heritage Committee has revieAhe
application and fully supports the nomination of the property to the National Register and
has recommended that the City Council, by resolution, lend its support to the application.
NOW THEREFORE BE IT RESOLVED BY the Council of the City of San Luis
Obispo that the City fully supports and endorses the inclusion of the residential structure
located at 1763 Santa Barbara Street, known as the Tribune- Republic Building, on the
National Register of Historic Places.
On motion of Councilmember Reiss ,seconded by Councilmember Pinard
and on the following role call vote:
AYES: Councilmembers Reiss, Pinard, Rappa, Roalman and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted on this 19th day of May ,
1992.
ATTEST:
, LUJA.'-11_1
City Olerk Pain Vo s
R -8011
Resolution No.80 1. (1992 Series)
Page 2
APPROVED:
City Ad 'nistrative Officer
u
1, \
RESOLUTION NO. "''1992 SERIES)
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO:
ADOPTING THE BICYCLE PROGRAM BUDGET;
APPROVING NEGATIVE DECLARATION DETERMINATIONS
FOR PROJECTS SPECIFIED THEREIN;
AND DIRECTING THE CARRY OVER OF UNEXPENDED
CAPITAL IMPROVEMENT FUNDS
WHEREAS, the City of San Luis Obispo ( "City") supports bicycling as a form of
transportation that decreases congestion, air pollution and energy consumption; and
WHEREAS, the City has developed a list of projects to be funded with the $400,000
budgeted in the 1989 - 1991 Capital Improvement Program for bicycle projects; and
WHEREAS, the Community Development Director has determined that projects
identified in the bicycle program budget for Foothill Boulevard, Higuera Street, Santa
Barbara Street and Laurel Lane will not cause significant harm to the environment; and
WHEREAS, the bicycle program budget includes funding for non - capital projects
that will require a transfer of funds in the amount of $25,000 for non - capital uses; and
WHEREAS, the carry over of unexpended funds in the amount of $400,000 from the
1989 - 1991 allocation in the Capital Improvement ,Program is necessary to fund the
identified projects;
NOW, THEREFORE, be it resolved that the Council of the City of San Luis Obispo
hereby:
1. Adopts the Bicycle Program Budget attached as Exhibit "A" and incorporated herein
by reference;
2. Concurs with the Community Development Director to grant negative declarations
for the projects located on Foothill Boulevard, Higuera Street, Santa Barbara Street
and Laurel Lane; and
Page 2: Resolution 8010(1992 Series)
C�
3. Directs the Department of Finance to carry over unexpended capital improvement
funds earmarked for bicycle improvements to cover the cost of implementing the
bicycle program budget.
On motion of Councilwoman Rappa . seconded by Councilman
Roalman and on the following roll call vote:
AYES: Councilmembers Rappa, Roalman, and Pinard
NOES: Coimcilmenber Reiss and Mayor Dunin
ABSENT: None
the foregoing resolution was passed and adopted this t�.` day of May . 1992.
ENVj
APPROVED:
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RESOLUTION NO. 8009 (1992 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT NO. 2066
(VILLA ROSA COMPANY, SUBDIVIDERS)
WHEREAS, the City Council made certain findings concerning Tract
2066 as contained in Resolution No. 7031 (1991 Series), and
WHEREAS, an offsite public drainage easement and Common Driveway
Agreement have been submitted, and
WHEREAS, all other conditions required per Resolution No. 7031
(1991 Series) for Tract No. 2066 have been met and /or are guaranteed
under a Subdivision Agreement and Letters of Credit to guarantee
Faithful Performance and Labor & Materials, or are conditions of
building permits.
NOW THEREFORE BE IT RESOLVED that final map approval is hereby
granted for Tract No. 2066 and the Mayor is hereby authorized to
approve the Subdivision Agreement and to accept the drainage easement
on behalf of the City.
On motion of Councilwoman Kappa seconded by Councilman Roal=
and on the following roll call vote:
AYES: Councilmembers Rappa, Roalran, Pinard, Reiss, and Mayor Dimin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 5th day of
May , 1992.
ATT MAYOR MN DLUM
CITY CLERK PA10VOGES
' :11•
Resolution No. 8009 (1992 Series)
Page Two.
APPROVED:
v A inistrative Officer
Community Devdl pment Director
(?-L_�
City gineer
APPROVED AS TO FORM:
P: \jerry \T2066FM.wp
It
RESOLUTION NO. 8008 (1992 Series)
A RESOLUTION OF INTENTION TO ABANDON A PORTION OF MITCHELL DRIVE
BETWEEN MEADOW STREET AND THE CITY LIMITS.
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. It is the intention of the City of San Luis Obispo
to abandon a portion of Mitchell Drive between.Meadow Street and
the City Limits, as shown on the map marked Exhibit "A ", attached
hereto and incorporated herein by such reference, pursuant to
Section 8300 et. seq. of the Streets and Highways Code, and that
the abandonment shall be subject to the following findings,
conditions, and code requirements:
Findings
1. The portion of right -of -way to be abandoned is not needed
for present or future street purposes.
2. The proposed street abandonment is consistent with the
General Plan.
3. The proposed street abandonment is categorically exempt
from environmental review under the City's Environmental
Guidelines and the California Environmental Quality Act,
Section 15301.
Conditions
1. Final street abandonment shall be subject to the
reservation of a utilities easement, to the approval of
the City Engineer.
2. Applicant shall offer for dedication to the City and show
on the record of survey or final map an open space
easement consistent with the applicant's approved plan
(LLA 92 -003), to the approval of the Community
Development Director.
' :11:
Council Resolution No. 8008 (1992 Series)
Page 2
3. Applicant shall prepare and submit a common driveway
agreement to the City for approval and recordation which
provides common driveway access in perpetuity to lots
formerly served by the abandoned right -of -way.
4. The final street abandonment shall be recorded prior to
or concurrently with the record of survey and certificate
of compliance (or final map) for Lot Line Adjustment LLA
92 -003.
SECTION 2. Copies of the map showing the particulars of the
I
proposed abandonments are also on file in the office of the City
Clerk, at 990 Palm Street.
at 7:00 p.m.
SECTION 3. Tuesday, June 16, 1992 Ain 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 4. 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 street abandonments, in the
Telegram- Tribune, a newspaper published and circulated in this
city.
SECTION 5. The City Engineer shall post at least three (3)
notices of the proposed abandonments in prominent locations near
the portion of the street to be abandoned at least fourteen (14)
days before the date set for the hearing in accordance with Section
8322 of the Streets and Highways Code.
SECTION 6. The City Engineer shall notify utility companies
Council Resolution No. 8008 (1992 Series)
Page 3
affected by the proposed abandonments within 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 Rappa and on the following
roll call vote:
AYES: Councilmembers Roalman, Rappa, Pinard, Reiss, and Mayor Duran
NOES: None
ABSENT: None
the for ing resolution was passed and adopted this 5th
day of Ma , 1992.
ATTEST
Ron Dunin
Pam VocjeV,' City Clerk
* * * * * * * * * * * * * * * * * * * **
Council Resolution No. 8008
Page 4
APPROVED:
(1992 Series)
c Works D
Attachment: Exhibit A, Street Abandonment Map
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not less than fifteen (15) days I
from" the passage of this
resolution.
SECTION 4. This resolu-
tion, together with the ayes
and noes, shall be published
In The Superior Court of The State of California once in full at least ten (10)
days before the public_hear -.
ing on the proposed street
In and for the County f San Luis Obispo abandonments, the Tele-
°) p � gram - Tribune, a newspaper
published and circulated in
this city.
SECTION 5. The City Engi-
near shall post at least three
AFFIDAVIT OF PUBLICATION
(3) notices of the ro osad
No. _18.493
CITY
CLERK ATTN KIM
STATE OF CALIFORNIA,
ss.
County of Son 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 MATTER
; I am now, and at all times embraced
in the publication herein mention was, the principal clerk
of the printers and publishers of the SAN LUIS OBISPO
COUNTY TELEGRAM- TRIBUNE, a newspaper of general
circulation, printed and published daily, Sundays ex-
cepted, at the City of San Luis Obispo in the above
named county and state; that NOTICE
at 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:
6/5
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, Case #19139
under the provisions of Chapter 1, Division 7, Title of the
Government Code of the State of California. w;
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
of Principal Clerk)
Date 6/5 , 19 92
�rfi7�T,� 1
................. q
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SECTION 2. Copies of the
map showing the particulars
Of the proposed abandon-
, moms are also on file in the
office of the City Clark, at 990
Palm Street
SECTION 3. Tuesday, June
16, 1992, at 7:00 •P,m. in the
,- council Chamber of the City
Nall, 990 -Pstm- Street; San
Luis Obispo, California is the
(, time and place . set for hearing
all persons 'interested in
;-` objecting to tha -+�
d abandonment time is
P p
abandonments in prominent
locations near the portion,of
the street to be abandoned at
-
Oesst- fourteen (14) days be.
i fore th67 date set for the
------ __ —___!
hearing in accordance with
Section. 8322 of the Streets
.'44.4 'ury
�/ san Luis osispo
II
and Highways Code. -
' SECTION S. The City Engl-
RESOLUTION NO. 9008
neer shall notify utility comps-
nies affected by the proposed
(7992 our 031
s)
A RESOLLrn9N OF
abandonments within ten (10)
ON
I INTE TO ABANDON .
days after adoption. of the
Resolution of Intention do
A
A PORTION OF
MITCHELL RIVE
accordance with Seaton 8347
BETWEEN ME
I. MEADOW
of the Streets -and, Highways
Code.
STREET AND THE
CITY LIMITS
On motion of Councilmen
BE IT, RESOLVED by the
Roalman,. seconded . by Coun-
cilwoman Rappa, and on the
Council of the City of San Luis
Obispo as follows:
following roll call vote:
SECTION 1: It is the inters-
AYES: Councilniembers Roal-
man; Rappa, Pinard, Reiss
tion of the City of San Luis
and Mayor Dunin.
Obispo to abandon.a portion
NOES: None
of Mitchell Drive between
Meadow Street and the City
ABSENT: None
Limits, as shown on the map
"A7,
the foregoing resolution was
passed and adopted this 5th
marked Exhibit attached
hereto and incorporated here-
.day of May, 1992.
in by such reference, pur.
. /s/Mayor Ron Ounin
ATTEST:
i
suant to Section 8300 at seq.
of the Streets and Highways
V oges, City Clerk
Code, and that the abandon-
June 5,1992 dv19499
merit shall be subject to the
following findings, conditions
and code. requirements:
Findings
1: The portion of right-of-
way to be abandoned is not
needed for present or future.
street purposes.
2. The proposed street
abandonment is consistent
with the General Plan:
3. The proposed street
abandonment is categorically
exempt from environmental
review under the City's Envt-
rohmental Guidelines and the
California Environmental
Quality Act, Section 15301.
Conditions - . '
1. Final , street abandon- i
ment shall' be subject to the
reservation of a utilities ease-
ment, to the approval of the
City Engineer.
2. Applicant shall offer for
dedication to the - City and
show on the record of survey
or final map an 'open space
easement consistent with the .
applicant's approved plan
(LLA 92 -003), to the approval
of the Community Develop-
ment Director.
3. Applicant shall prepare
�. and submit a common drive-
way agreement to the City for
approval and recordation
which provides common
driveway access'in perpetuity
to lots formerly served. by the
abandoned right -of -way.
4. The final street abandon-
ment shall be recorded prior
to or concurrently with the
record of survey and certifi-
cate of compliance (or final,
map) for Lot Line Adjustment.
�rfi7�T,� 1
................. q
�' � W
SECTION 2. Copies of the
map showing the particulars
Of the proposed abandon-
, moms are also on file in the
office of the City Clark, at 990
Palm Street
SECTION 3. Tuesday, June
16, 1992, at 7:00 •P,m. in the
,- council Chamber of the City
Nall, 990 -Pstm- Street; San
Luis Obispo, California is the
(, time and place . set for hearing
all persons 'interested in
;-` objecting to tha -+�
d abandonment time is
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RESOLUTION NO.
8007 (1992 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE DESIGNATION OF THE SAN LUIS OBISPO COUNTY HEALTH
DEPARTMENT - DIVISION OF ENVIRONMENTAL HEALTH AS SOLID WASTE
ENFORCEMENT AGENCY FOR THE CITY OF SAN LUIS OBISPO
WHEREAS, the County of San Luis Obispo and its incorporated
cities are required by Sections 43202 -03 of the Public Resources
Code to designate an enforcement agency to carry out the
provisions of the California Integrated Waste Management Act of
1989; and
WHEREAS, the San Luis Obispo Health Department - Division of
Environmental Health possesses the required capabilities in solid
waste enforcement to implement enforcement provisions of the
California Integrated Waste Management Act of 1989 and the
regulations and ordinances that have been and will be adopted
pursuant thereto; and
WHEREAS, the San Luis Obispo County Health Department -
Division of Environmental Health will provide the technical
expertise, adequate staff resources, adequate budget resources,
and training to carry out the enforcement program specified by
law; and
WHEREAS, it is the understanding of this Council that the
County of San Luis Obispo and a majority of the cities within
said county containing a majority of the population of the
incorporated area of the County of San Luis Obispo intend to
designate the San Luis Obispo County Health Department - Division
of Environmental Health as the enforcement agency for the county
and all cities contained within the county;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
San Luis Obispo that it hereby approves the designation of the
San Luis Obispo County Health Department - Division of
Environmental Health as the enforcement agency for the City of
San Luis Obispo pursuant to Sections 43202 -03 of the Public
Resources Code.
On motion of Councilwoman gappa , seconded by
Councilman Roal= and on the following roll call vote:
AYES: Council Rappa, Roahan, Pinard, Reiss, and Mayor Dunin
NOES: TJone
ABSENT: None
:11 I
Resolution No. 8007 (1992 Series)
Page 2
The foregoing Resolution was passed and adopted this 5th
day of May , 1992.
Mayor Ron Dunin
ATTES /
city Jerk, Pam es
APPROVED:
city A)iministrative Officer
tt" rn
QYKO/Zm
Public Works Director
IN -�\x
RESOLUTION NO. 8006 (1992 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DECLARING PROPERTY LISTED IN EXHIBIT A
AS SURPLUS PROPERTY
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That the City Council hereby declares that all items of property
listed in Exhibit A attached and incorporated herein by reference are surplus property.
SECTION 2. Disposal of the property shall be made as determined by sale at public
auction or by another method of disposal in accordance with the City's surplus property policy as
determined by the Director of Finance to be in the best interest of the City.
On motion of CoimcilmEnber Rappa , seconded by Counci7member Roa]man
and on the following roll call vote:
AYES: Council u nbers Rappa, Roalm3n, Pinard, Reiss and Mayor DLiiin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted the 28thday of April ,1992.
APPROVED:
:11.
J
SURPLUS PROPERTY LIST - VEHICLES
EXHIBIT A
8704 1987 Police
8705 1987 Police
Kawasaki -Patrol Motorcycle
Kawasaki -Patrol Motorcycle
4705 800
5223 800
1,600
-41
IX,
Ci
,D
RESOLUTION NO. 8005 (1992 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
CERTIFYING THE ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE
STONERIDGE II SUBDIVISION AND ANNEXATION PROJECT
LOCATED AT 500 STONERIDGE DRIVE
WHEREAS, the Planning Commission and the City Council have
held public hearings on this EIR in accordance with the California
Government Code; and
WHEREAS, the EIR comes to the City Council after extensive
review and with the comments of the Planning Commission and
concerned public; and
WHEREAS, the potential environmental impacts of the project
have been evaluated in accordance with the California Environmental
Quality Act and the City's Environmental Guidelines.
NOW, THEREFORE, the City Council.resolves as follows:
SECTION 1. Environmental Determination. The City Council
hereby certifies that the Final Environmental Impact Report for the
Stoneridge II Subdivision and Annexation Project adequately
identifies the project's potentially significant impacts,
alternatives to the proposed action, and recommended mitigation
measures.
SECTION 2. Findings.
1. The mitigation measures contained in the EIR will
adequately mitigate adverse environmental impacts of the
project.
2. The project is consistent -with other elements and
policies of the General Plan.
Resolution No. 8005 (j§§2 Series)
Page 2
On motion of Counciluember Rappa
by Councilmember Reiss
roll call vote:
seconded
, and on the following
AYES: Councilm Rappa, Reiss, Roalum and Mayor DLr n
NOES: council er Pinard
ABSENT: None
the foregoing resolution was passed and adopted this 28th day of
April , 1992.
Mayor Ron Ihmin
ATTEST:
—I La
S
City Clerk Pam ges.::
1
Resolution No. 8005 (1992 Series)
Page 3
APPROVED:
City Administrative Officer
M PRE
OM
Community Devel oj4ment Director
_STONERIDGE 11 GENERAL PLAN AMENDMENT
STONERIDGE ONE
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PROPOSED NEW CITY LIMI LINE
VICINITY MAP
AREA TO BE CHANGED FROM "INTERIM CONSERVATION /OPEN
SPACE" TO "RESIDENTIAL SINGLE FAMILY" (10.2 ACRES)
® AREA TO REMAIN "CONSERVATION /OPEN SPACE" (49.8 ACRES)
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RESOLUTION NO. 8004 (1992 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING THE BYLAWS OF THE CULTURAL HERITAGE COMMITTEE
WHEREAS, the City Council requires more flexibility when selecting members to
represent the three historical preservation district positions on the Cultural Heritage
Committee;
NOW, THEREFORE, BE IT RESOLVED,, that the Council fo the City of San Luis
Obispo as follows:
SECTION 1. The Bylaws of the Cultural Heritage Committee shall be amended
as shown on the attached Exhibit "A" incorporated herein by reference.
Onmotionof Council member Roal= ,secondedby Councilmember Reiss
and on the following roll call vote:
AYES: Council members Roalum, Reiss, Rappa and Mayor Dunin
NOES: Council member Pinard
ABSENT: None
the foregoing resolution was passed and adapted this 28th day of April , 1992.
Resolution No. 8004 (1992 Series)
W4 1r:
CULTURAL HERITAGE COMMITTEE BYLAWS
ARTICLE 1. PURPOSE
The Cultural Heritage Committee promotes the preservation of architectural,
archaeological, historical and cultural resources in San Luis Obispo by:
A. Helping the public pursue cultural resource preservation projects.
B. Sponsoring educational programs and research which improves our
understanding of the community's history and archaeology.
C. On request, commenting on the effects of public and private actions on
community cultural resources.
D. Helping with the administration of city- sponsored benefit programs.
ARTICLE 2. COMPLIANCE WITH OTHER REQUIREMENTS
The functioning of the Cultural Heritage Committee and all of its actions and decisions
shall be in compliance with the provisions of the Advisory Body Handbook and with
provisions of City Resolution 6593 (1989 Series).
ARTICLE 3.
A. The CHC will have seven member appointed by the City Council. ?rsstl
membership of the committee ' include a person knowledgeable in local history, a
p erson with training orexperience in structural rehabilitatio n,
ers n kn wle 9 M.'.. t
Iota arcllaec�i, and a person with knowledge of architecture.
ARTICLE 4. TERMS OF APPOINTMENT
A. Members shall be appointed by the City Council for four -year terms and may be
reappointed for not more than two consecutive full terms totaling eight years.
ARTICLE 5. OFFICERS
A. A Chairperson and Vice - Chairperson shall be elected by the committee at its first
meeting in April for one -year terms. No person may serve in the office of Chairperson or
Vice - Chairperson for more than two consecutive terms.
J
B. The Chairperson shall preside overall all committee meetings, vote on all matters,
appoint all subcommittees, call special meetings, and submit an annual report and budget
to the committee for approval and presentation to the City Council.
C. The Vice - Chairperson shall serve in the absence or incapacity of the Chairperson and
perform such other duties as requested by the Chair.
ARTICLE 6. MEETINGS
A. The committee shall hold a regular meeting each month. All meetings shall be open to
the public and shall be held at specified time and place with public notice provided as
required by California law.
B. A quorum shall consist of a majority of the seated members.
C. All action of the committee shall be decided by a majority vote or consensus of the
quorum directed through the Chairperson.
D. Minutes of each meeting shall be forwarded to the City Council and be available as a
public record.
e. The Chairperson or any three members of the committee may call a special meeting
provided that all public notice requirements are met.
F. All committee meetings shall be conducted according to city practices, customs, policies
and Robert's Rules of Order, Newly Revised.
F. All members present must vote, except when a member declares a conflict of interest..
Any member declaring a conflict of interest shall not vote or participate in any related
deliberations or actions of the committee.
ARTICLE 7. ABSENCES AND RESIGNATIONS
A. If a member fails to attend three consecutive regular meetings or a total of six regular
meetings within any twelve months, the member shall automatically be considered for
replacement. The Chairperson of the committee shall inform the Council of such a
situation and explain any special circumstances.
B. Committee members are responsible for notifying the Chairperson or the Secretary in
advance when an absence is anticipated.
C. If a member needs to resign from the committee, the member shall immediately direct
a letter to the City Council with copies forwarded to the committee chairperson and City
Clerk.
ARTICLE 8. SUBCOMMITTEES
A. Subcommittees shall be appointed, as needed, by the Chairperson. Subcommittees may
include non - committee members who shall have no voting power.
ARTICLE 9. AMENDMENTS
Bylaw amendments shall be submitted for Council approval by an affirmative vote of the
members present at a regular meeting of the committee, provided that such amendments
shall have been discussed by the Commission on the agenda of at least two meetings prior
to the vote. The members shall receive the proposed amendments at least ten days prior
to the first meeting.
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RESOLUTION NO. 8003 (1992 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO RESCINDING RESOLUTION 6963 (1991 SERIES)
AND APPROVING THE PARKING STRUCTURE RATES OF THE
FIRST 90 MINUTES FREE, 50 CENTS PER HOUR AND $3.00 PER DAY MAXIMUM
WHEREAS, the City of San Luis Obispo wishes to maintain high
usage of its two parking structures; and
WHEREAS, the parking program needs to be self- sufficient for
its financial commitments; and
WHEREAS, the BIA and Parking Management Committees have
discussed options to increase parking structure rates while
maintaining the free parking option for the City's parking
structures.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
San Luis Obispo as follows:
1. Resolution 6963 (1991 Series) is hereby rescinded.
2. Effective June 1, 1992 all city parking structures in the
downtown shall offer the first 90 minutes free parking and
the new hourly rate for said parking structures shall be 50
cents per hour with a maximum of $3.00 per day.
Councilwoman
On motion of Councilman Roalman seconded by Pinard ,
and on the following roll call vote:
AYES: Council members Roalman, Pinard, Rappa, Reiss, and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 21st day
of April 11992.
,60�0 -
MAYOR RON DUNIN
ATM
City er
R -8003
Resolution NO. 8003 (1992 Series)
PUBLIC WORKS DIRECTOR
PARK NG MANAGEPQ
Ant"
,�
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w-
In The Superior Court of The State of California
No. DV 10689
CTIY
STATE OF CALIFORNIA,
In and for the County of San Luis Obispo
AFFIDAVIT OF PUBLICATION
I:f"
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 matter
; I am now, and at all times embraced
in the publication herein mention was, the principal clerk
of the printers and publishers of the SAN LUIS OBISPO
COUNTY TELEGRAM- TRIBUNE, a newspaper of general
circulation, printed and published daily, Sundays ex-
cepted, at the City of San Luis Obispo in the above
named county and state; that notice
at 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:
4/16
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, Case #19139
under the provisions of Chapter 1, Division 7, Title of the
Government Code of the State of California.
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
of Principal Clerk)
Date 4/16 1 1992
laws San kft 051
crty of , I!
. P SG TRuMR �w f
-RATES
On Tuesday, April 21, 19921 I
the San Luis Obispo c'
I Council will hold public hear.
ings beginning at 4:00 p.m, in
I the Council Chambers of City
Hall, 990 Palm Street. One of
II
the hearings is to consider
increasing parking structure
rates to 50- cents per hour
I with the first 90 minutes'free,
j and a maximum of $3.00 per
day effective June 1, 1992.
Other public hearings maybe
held before Tor after this one
This item was continued with -.
I out discussion from the meet-
!
Ing of April 7, 1992.
The report; including rec-
ommendation by staff, is
available for review In the City
Clerk's-Office. For more infor-
mation, please contact Keith
Opalewski, Parking Manager,
R781-7234.
/s/ Pam Voges,.
City Clerk
Apr. 16, 1992
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RESOLUTION NO. 8002 (1992 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING APPROVAL OF TENTATIVE TRACT NO. 2094
LOCATED AT 3450 BULLOCK LANE
BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. That this council, after
consideration of the tentative map of Tract 2094 and the Planning
Commission's recommendations, staff recommendations, and reports
thereof, makes the following findings:
1. The design of the tentative map and proposed improvements
are consistent with the general plan.
2. The site is physically suited for the type and density of
development allowed in an R -2 -PD 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 easement for access through (or use
of property within) the proposed subdivision.
5. The Community Development Director has determined that the
previous negative declaration approved for the project (ER
2 -89 is adequate.
SECTION 2. Conditions. The approval of the tentative map
for Tract 2094 be subject to the following conditions:
1. All requirements of Council Resolution No. 6627 (1989
Series- Tract 1672)'and Ordinance No. 1149 (1989 Series - PD
1437A) shall remain in effect.
2. All lots shall be served by individual sewer, water and
utilities. All new utilities within the tract shall be
placed underground in easements to the approval of the
appropriate utility company and the City Engineer. Water
meters shall be clustered in the public sidewalk to the
approval of the Public Works Department and the Utilities
Department.
:4I
I i ,
Resolution No. 8002 (1992 Series)
Tract 2094
Page 2
3. subdivider shall submit a final map to the city review,
approval, and recordation.
4. Subdivider shall prepare covenants, conditions and
restrictions (CC &R's) to be approved by the City Attorney
and Community Development Director prior to final map
approval. CC &R's shall include the following provisions:
a. Creation of a homeowner's association to enforce the
CC &R's and provide for perpetual maintenance of all
common areas including private driveways, sewer mains,
drainage, parking lot areas, walls and fences,
lighting, recreation facilities, and landscaping in a
first class condition.
b. Grant to the city the right to maintain common area if
the homeowner's association fails to perform and to
assess the homeowners' association for expenses
incurred, and the right of the city to inspect the site
at mutually agreed times to assure conditions of CC &R's
and final map are being made.
C. No parking except in approved designated spaces.
d. Grant to the city the right to tow away vehicles on a
complaint basis which are parked in unauthorized
places.
e. Prohibition of storage or other uses which would
conflict with the use of garages 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.
i. Homeowners' association shall file with the City Clerk
the names and addresses of all officers of the .
homeowners' association within fifteen days of any
change in officers of the association.
j. Provision of appropriate "no parking" signs and red -
curbing along interior driveways as required by the
City Fire Department.
Resolution No. 8002 (1992 Series)
Tract 2094
Page 3
k. No prohibition on outdoors clothes drying.
5. Sewer and water mains shall be public and to city standards.
Easements over the main and access to mains shall be to the
approval of the City Engineer.
6. Final map shall note entire common lot area as a blanket
utility easement (exclusive of buildings) acceptable to the
utility companies and City Engineer. .
7. All on -site driveways, nonstructural parking improvements
and utilities shall be installed as subdivision
improvements.
8. Subdivider shall dedicate a corrected easement over the
drainage channel and area within 20 feet from the top of
bank for access and maintenance to the satisfaction of the
City Engineer and Community Development Director.
9. All garages shall be equipped with automatic garage door
openers and occupants shall be provided with two remote-
control units.
On motion of Councilman Reiss
seconded by Councilwoman Rappa , and on
the following roll call vote:
AYES: Councilm®bers Reiss, Rappa, Pinard, Roalman, and Mayor Diann
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 21st day
of �4pri1 1992.
A
City clerk
r_
Resolution No. 8002 (1992 Series)
Tract 2094
Page 4
APPROVED:
City Admi istrative officer
J 0Y
d
xe
'J
RESOLUTION NO. 8001 (1992 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL AUTHORIZING
THE EXECUTION AND DELIVERY OF A WATER SUPPLY AGREEMENT
AND A WATER TREATMENT AND LOCAL FACILITIES AGREEMENT
. AND AUTHORIZING CERTAIN OTHER ACTIONS
WHEREAS, the City of San Luis Obispo is a Charter City duly organized and
existing under the Constitution and laws of the State of California;
WHEREAS, pursuant to the Ralph M. Brown Act constituting Chapter 9 of
Part 1 of Division 2 of Title 5 (commencing with Section 54950) of the California
Government Code this meeting was duly noticed; -
WHEREAS, the City of San Luis Obispo intends to enter into a water supply
agreement (the "Water Supply Agreement ") with the San Luis Obispo County Flood
Control and Water Conservation District (the 'District ") and a water treatment and
local facilities agreement (the "Water Treatment and Local Facilities Agreement ") with
the District.
WHEREAS, a Final Environmental Impact Report, "State Water Project,
Coastal Branch, Phase II, and Mission Hills Extension' (Coastal Branch EIR ") has
been certified by the State of California, Department of Water Resources, and all
requirements of the California Environmental Quality Act ( "CEQA ") have been
satisfied by the Coastal Branch EIR; and,
WHEREAS, the City Council has made certain environmental evaluations,
findings, determinations, and a statement of overriding considerations, for City
participation in the State Water Project; and
WHEREAS, Preliminary Design and a Final Environmental Impact Report,
"State Water Project Coastal Branch (Phase H) Local Distribution Lines and
Facilities" (SLO EIR ") has been completed and certified by the District and all
requirements of CEQA have been satisfied relating to the construction of the local
distribution lines and facilities described in the SLO EIR; and,
WHEREAS, it is the desire of the City of San Luis Obispo as a responsible
agency to approve those portions of said local distribution lines and facilities which lie
within the City s jurisdiction.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
Section 1. Declaration of City Council. This City Council hereby specifically
finds and declares that the actions authorized hereby constitute and are with respect
to public affairs of the City, and that the statements, findings and determinations of
the City set forth in the preambles above and of the documents approved herein are
true and correct.
R =8001
Resolution No. ,8001 (1992 Series)
Section 2. Water Supply Agreement. The form of Water Supply Agreement,
presented to this meeting and on file with the City Clerk is hereby approved. The
Mayor and the City Clerk are each hereby authorized and directed to execute,
acknowledge and deliver said Water Supply Agreement in substantially said form, with
such changes therein as the City of San Luis Obispo may require or approve, such
approval to be conclusively evidenced by the execution and delivery thereof.
Section 3. Water Treatment and Local Facilities Agreement. The form of
Water Treatment and Local Facilities Agreement, dated as of March 1, 1992,
presented to this meeting and on file with the City Clerk is hereby approved. The
Mayor and the City Clerk are each hereby authorized and directed to execute,
acknowledge and deliver said Water Treatment Agreement in substantially said form,
with such changes therein as the City of San Luis Obispo may require or approve,
such approval to be conclusively evidenced by the execution and delivery thereof.
Section 4. CEOA Compliance. The City Council hereby adopts and approves
the certified Coastal Branch EIR and the certified SLO EIR and certifies that is has
considered the Coastal Branch EIR and SLO EIR and the environmental effects of
the facilities described therein, in reaching its conclusion to approve those portions of
said local distribution lines and facilities which lie within the City's jurisdiction and in
making its decision to enter into the Water Supply Agreement and Water Treatment
Agreement described in this Resolution. The City Council hereby adopts as being
true and correct the Findings, Conditions, and Statement of Overriding Considerations
previously adopted and incorporates the same by reference herein.
Section 5. Further Actions. The Mayor and City Administrator are hereby
authorized to do any and all things, and to execute and deliver any and all
documents, which they may deem necessary or advisable in order to give effect to and
comply with the terms and intent of this resolution, the Water Supply Agreement, the
Water Treatment Agreement and the SLO EIR and the Coastal Branch EIR.
Section 6. Effective Date. This resolution shall take effect immediately upon
its passage.
On motion of Councilman Reiss, seconded by Councilwcnan Rappa, the foregoing
was PASSED AND ADOPTED this 21stday of April, 1992, by the following vote:
AYES: Councilme nbers Reiss, Rappa, and Mayor Dunin
NOES: Councilmembers Pinard and Roal man
ABSENT: None
a or Ron Dunin
Attest /
City C rk Pam Vog
NOTE: For the record, by minutes dated 4/21/92, final action on this resolution
was taken at 1:30 a.m., Wednesday, 4/22/92.
Resolution No. 8001 (1992 Series)
APPROVED:
City Ad 'nistrative Officer
RESOLUTION NO. 8000 (1992 SERIES.)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
MAKING ENVIRONMENTAL DETERMINATIONS FOR
PARTICIPATION IN THE STATE WATER PROJECT
The Council of the City of San Luis Obispo resolves as follows:
Findings
1. Project description
The project consists of a series of related actions intended to
deliver water from the existing State Water Project terminus to
the various participating water purveyors and users within San
Luis Obispo County. The project presently under consideration
includes delivery of 3,000 acre -feet per year (afy) of state
water to this City.
2. Role of the City
This City Council is a responsible agency as set forth in the
California Environmental. Quality Act (CEQA) and the State CEQA
guidelines, including sections 15096 and 15381.
3. Tiered environmental review
The environmental review for the project has included tiered -or
program environmental impact reports. The California
Environmental Quality Act (CEQA) and the implementing Guidelines
provide.for tiered or program environmental impact reports,
whereby a series of environmental documents ultimately comprising
a whole are prepared for a series of actions which can be
characterized as one large project and which are related
geographically, or as part of a chain of contemplated actions.
The purpose of the program or tiered EIR is to ensure complete
analysis and disclosure of the environmental impacts of the
related actions and the cumulative impacts of the whole of those
actions. The provisions of CEQA require that the first
environmental impact report disclose the impacts of the general
program; that document is followed by narrower or site- specific
environmental documents which incorporate by reference
discussion of the impacts of the prior, general document. Either
environmental impact reports or, negative declarations or a
combination of both can be prepared subsequent to the first
program environmental impact report.
Subsequent environmental documents need not re- examine
environmental impacts which have already been examined in a prior
document within the tiered structure (Public Resources Code
ff :111
Resolution for State Water 2
environmental determinations
section 21068.5, 21094; CEQA Guidelines sections 15152, 15168 and
15385) .
The California Department of Water Resources (DWR) prepared the
first overall document of the program, entitled State Water
Final Environmental Impact Report, completed May 1991 (Coastal
Branch EIR). The coastal Branch EIR disclosed the impacts of the
general program and included an analysis of the cumulative
impacts and various growth inducement scenarios. DWR wi_11
construct the coastal:Branch extension through San.Luis Obispo
County to its terminus.inside.Santa Barbara County as a.State-
sponsored project. In May-1991,.DWR certified. -.that the.Coasta_l
Branch.EIR complied with CEQA.
DWR's Coastal Branch 'EIR was followed by-the preparation of the
State Water Project Coastal Branch (Phase.II) Local Distribution
.,_Lines and Facilities Final environmental Impact Report,-complete
March 1992 (SLO EIR).. Preparation of the'SLO.EIR. was funded by
the San Luis Obispo County Flood Control and'Water Conservation
District ( FCWCD). -The SLO`EIR, which constitutes another tier
.within the.program; contains site- specific.information with
regard to the local distribution.lines..and facilities which the
District,-the Central Coast Water Authority (CCWA),.and /or this
City propose to construct within San Luis Obispo County. The
local distribution lines will provide service from the Coastal
Branch pipeline to local water purveyors. The SLO EIR also
provides site - specific information regarding the Polonio Pass
Water Treatment Plant. Various project alternatives are
explored, and additional information regarding growth inducement
(not contained in the Coastal Branch EIR) is provided.
4. Record of proceedings
For the purposes of CEQA and the..findings numbered 6 through 10
below, the record of the proceedings of this..City Council
relating to the proposed project includes:
A. Documentary and oral evidence, testimony, and staff
comments and responses, received and reviewed by the
Council during the April 21, 1992, public hearing on
the project.
B. Documentary and oral evidence, testimony, and staff
comments and responses received and reviewed by the
FCWCD during the March 25, 1992, public hearing on the
project, summarized in documents provided by City and
County staff.
C. The
Final Environmental Impact Report (Coastal Branch.
EIR) prepared for the 87- mile -long, maximum 66-
Resolution for StaLe Water
environmental determinations
inch diameter pipeline originating near Devil's
Den in Kern County and terminating at Mission
Hills in Santa Barbara County, which is comprised
of the full - Environmental Impact_Report prepared
and circulated in 1991, including the appendices.
i
Impact Report (SLO EIR) prepared for the construction
and..operation of nine local water distribution
- .pipelines, a water treatment.plant, and two
.. hydroelectric-,plants, which.is comprised.of• the full
Environmental -: Impact.: Report ._prepared.,and..circulated.in
1992, including the appendices.
E. Matters of common knowledge to the City Council which
it considers, such as:
3
(1) The City's general plan, including the Land Use
Element text and map, and the Water and Wastewater
Management-Element,; the Water.and:Wastewater
Management _.Element - proposes obtaining 3,000 acre -
..:.;:feet.additional.safe: annual yield from a regional
source-such as the State Water. Project, in
addition to other water supply sources.
(:2) The California Environmental Quality Act (CEQA)
and the State CEQA Guidelines implementing the
act;
(3) The City guidelines for implementing CEQA;
(4) Other formally adopted .policies..and.ordinances.: -of
the City of San Luis Obispo,.including the
Residential Growth.Management Regulations, Water
Allocation Regulations, Water.Waste Municipal
Codes, Annual Water Operations Plans, and Best
Management Practices.
5. Consideration of final environmental impact reports
A. The City Council has reviewed and considered the
Coastal.Branch_ EIR and finds that it has been completed
in compliance with the California Environmental Quality
Act (CEQA)..
B., This Council finds that construction and operation of
the Coastal Branch, Phase II, the mitigation of
significant adverse environmental impacts associated
with the Coastal Branch, Phase II, and consideration of
certain project alternatives, are the responsibility of
the California Department of Water Resources, and are
Resolution for State Water 4
environmental determinations
outside the City's jurisdiction and control. This
Council recommends that the mitigation measures
identified in the Coastal Branch EIR be adopted by DWR.
With the exception of short -term noise,.traffic, air
quality, and aesthetic.impacts, the mitigations, if
adopted, would substantially lessen or avoid these
impacts.
C. The City Council has reviewed and considered the Final
Facilities (SLO EIR), certified.on.March -25, 1992, by
the-FCWCD, and finds that.it.has been...completed . in.
compliance with the California Environmental Quality
Act (CEQA).
D. The City Council finds that the following are the
responsibility of the FCWCD, and are outside the City's
jurisdiction and control: construction-and operation of
the local pipelines and facilities, (with the possible
exceptions of the "SLO Pipeline North,!' the "SLO
Pipeline South," and other minor pipeline .extensions to
connect with the City.water distribution system if
constructed.by this City); the mitigation of
significant adverse environmental impacts associated
with the local.pipelines and facilities; consideration
of certain project alternatives. This Council
recommends that the mitigation measures identified in
the SLO EIR be adopted by FCWCD. With the exception of
adverse growth and short -term air quality impacts, the
mitigations, if .adopted, would substantially lessen or
avoid these impacts.
E. On February 24, 1987, the City.Council adopted
Resolution No. 6180, certifying the Final Environmental
Impact Report for the Water Management Element of the
General Plan ( "Water Element EIR"), and has
subsequently made environmental determinations for
amendments to that element.
Certification of the Water Element EIR included
findings and determinations concerning the nature of
impacts associated with obtaining supplemental water to
enable full development under the City's adopted
general plan, including mitigation for significant
adverse impacts and a statement of overriding
considerations. In summary, the status of impacts
associated with growth resulting from planned
additional water supply were determined to be as
follows:
Resolution for State Water �� 5
environmental determinations
(1) Not significant: community plans and goals;
geologic changes and hazards; plant life; animal life;
energy use.
(2) Potentially significant, but acceptable with
mitigation: noise; air pollution; public services-and
utilities; drainage and flooding; water quality;
historical and archaeological resources; traffic.
(3) Significant: population growth; land -use changes;
aesthetics.
_The Water Management Element was adopted despite
significant impacts,..based - on these overriding
considerations: provision of adequate water for growth
in conformity with the Land Use Element and for
affordable housing as provided:in the Housing Element;
diversion of some growth from other places in the
region where its occurrence could entail more severe
impacts; expansion of the city to better control the
type of development which might occur at its edges.
6. Findings for impacts identified as significant and
unavoidable
A. Growth Inducement
(1) Impacts: Refer to Final SID EIR pages 5 -1 through
5 -41 and particularly 5 -4, 5 -14, and 5 -30 to 5-
32.
(2) Mitigation: Refer to the adoption of mitigation
measures.in item 9 below, CEQA General Findings.
(3) Findings:
a. Certain changes have been required in, or
incorporated into, the project which lessen
the significant effects as identified in the
Final SLO EIR. However, growth - inducing
impacts would be residually significant.
These residually significant impacts are
acceptable by reason of the overriding
concerns set forth in the Statement of
Overriding Considerations (See item 10
below).
b. Because other changes are within the
responsibility of other public agencies and
not the City of San Luis Obispo, such changes
are and should be adopted by such other
r
Resolution for State Water
environmental determinations
agencies. However, growth- inducing impacts
would be residually significant. These
impacts are acceptable by reason of the
overriding concerns set.forth.in the
Statement of Overriding Considerations (See
item 10 below).
C. Specific economic, social, or other
considerations make infeasible the project
alternatives identified.in.the Final SLO EIR
(See item 8 below).
(4) Discussion:
Finding (3)a:
New growth that would -occur as result of the
importation.of state water is extremely difficult
to analyze.. In order to .provide as much
information as possible, several growth scenarios
were analyzed in both the Coastal Branch EIR and
the SLO EIR.
71
The DWR's environmental documentation dealing with
delivery of state water to San Luis Obispo County
includes analyses of "worst case scenarios," one
of which assumes that all the water delivered
would be used for the development of new homes to
house new people in the area (DWR scenario 3).
The Coastal Branch EIR calculated that the water
could support as many as 156,290 new residents in
San-Luis Obispo County...-Another.-scenario analyzed
in.the Coastal_Branch.:EIR (DWR.-scenario 1) assumed
that project.water.would beYused.to.offset urban
groundwater usage. Yet,another.scenario.assumed
that project water would be used to offset the
participants' proportionate share of groundwater
overdraft (DWR scenario 2).
The analysis in the Coastal Branch EIR was based
on designated analysis units. However, conditions
in each community or water district suggested that
a more detailed community -level analysis would be
useful in estimating potential growth- inducing
impacts. Based on a water supply and demand study
prepared by the County Engineering Department,
such an analysis was completed for the SLO EIR; it
included a discussion of the City of San Luis
Obispo.
Growth inducement, as used in CEQA, is not an
environmental impact per se. It must be evaluated
Resolution for State Water
environmental determinations
7
as to potential, magnitude, and possible secondary
impacts. This was done in the SLO EIR, which
analyzed and summarized existing constraining
issues and mitigations in each service area,
including the City of San Luis Obispo.
The SLO EIR analysis indicated that the
introduction of anew water supply to San Luis
Obispo County could result-in new growth, which
would result in environmental impacts. In
eighteen.of twenty -one of.the..communities to be
served by the project, projected water supply will
exceed demand in_the. year 2010, with the
importation of state water (See-SLO EIR, pg. 5 -4,
Table 5.3.1). If growth-does occur as a result of
the project, it could result in a loss of open
space, increased traffic, air- quality.degradation,
demands on schools, and impacts on biology,
cultural resources, noise levels,,.public services
and utilities, aesthetics, land.use, energy use,
water quality, geological hazards, and erosion or
sedimentation potential. These impacts .would be
long -term, and significant.
The SLO EIR stated that lack of water is presently
a constraining factor to growth in Templeton,
Avila.Beach, Pismo Beach, Morro Bay, Los Osos,
Cayucos, Cambria,.San Simeon Acres, City of San
Luis Obispo, and San Luis Obispo Country Club
Estates. The SLO EIR concludes that growth
inducement would occur in these and other areas,
including San Luis Obispo, and would result in
significant secondary impacts.
The SLO EIR concluded that.in certain communities,
including San Luis Obispo, some of the secondary
impacts of growth which could be associated with
this project are potentially significant. The SLO
EIR assumed the City of San Luis Obispo would
receive 3,000 afy of state water. According to
the data contained in the SLO EIR, Table 5.3.1,
this amount would not create a surplus water
supply by the year 2010. . State water could be
used to meet forecast water demands at buildout of
the general plan capacity, to offset reduced
availability of water from sources currently used
by the City, or both. As discussed in the SLO
EIR, growth could result in significant and
unavoidable adverse secondary impacts to schools.
Mitigation measures which have been proposed to
address growth inducement are included in the SLO
EIR and are briefly discussed below.
Resolution for State Water ` 8
environmental determinations
As described in more detail in the Coastal Branch.
and SLO EIRs, all of the potentially affected
communities are subject to existing general plans,
some of which limit the types of changes which can
occur as a result of pressure for growth. All
except the City of Grover City have general plans
that were prepared after undergoing CEQA review;
-these,plans were intended to plan for the growth
projected for each community, based upon
anticipated - trends and other factors.. In general,
_•the environmental impacts of.the,.growth'provided
for in-the general plans have been - studied and
mitigated or overridden as.required by CEQA.
These general.plans-cannot.be amended to provide
..for growth above adopted general plan.buildout
without CEQA review.- ..New...development likewise
must undergo CEQA review. This is true with
.respect to San Luis.Obispo, which is subject to
its own general plan.
As was stated in the SLO EIR, control of, growth
and mitigation of.potential environmental impacts
resulting from growth are partly outside the
City's jurisdiction, and are within the
jurisdiction and control of other public agencies.
Changes could be made in public policy, in those
areas where growth could occur as a result of the
project, to control, direct, and phase the growth,
which would mitigate or avoid environmental
impacts from growth. With regard to the City of
San Luis Obispo, such changes are the
responsibility of-and within the.jurisdiction of
the City Council.
In this regard, the City of San.Luis Obispo has a
comprehensive general plan, which includes
policies concerning the amount, composition, and
timing of growth, and incorporation of mitigation
for several types of growth impacts as specific
developments are proposed. Further, the City has
adopted Development Impact Review Procedures
(Municipal Code Chapter 2.44, and implementing
resolutions) which provide the Council with
information concerning potential deficiencies of:
water supply, treatment, and distribution; sewage
collection and treatment; storm drainage; fire and
police protection; traffic circulation; cultural
and educational services; parks and open space.
In areas where severe resource constraints are
identified, growth may be restricted until the
deficiency is remedied.
r ,
Resolution for State Water J 9
environmental determinations
The Clean Air Plan is in effect within San Luis
Obispo County, providing a tool by which the Board
of Supervisors can phase or restrict growth in
unincorporated areas of the County, in order to
avoid inconsistencies with the Clean Air Plan.
This Council has supported adoption and
implementation of the Clean Air Plan.
_.As one potential mitigation for growth inducing
....impacts, the FCWCD has considered a. contract
.-- provision whereby each purveyor receiving water
from the project would commit.to use project water
consistent with mitigation.measure 5.6b in the SLO
EIR (page 5 -39). The City.has already
substantially complied with-mitigation measure
5.6b. The City has adopted the Water and
_Wastewater Management. Element of the general plan
(by Resolution No.- 6180A,. February 24,.1987,.most
recently amended by Resolution No. 6677, on
September 5, 1989); this element outlines a
.comprehensive strategy for balancing reliable
levels of water supply with normal levels of water
demand, consistent with other goals and objectives
of the general plan, including avoidance of
groundwater overdraft. Further, this City has
adopted Water Allocation Regulations to implement
the element, by limiting the amount of development
which can occur before and after additional water
sources are obtained. Also, the City has adopted
and periodically updates the Annual Water
Operations Plan, which sets target levels of water
consumption based on safe- yield.principles. -
As required by.State CEQA Guidelines, including
Section 15091 and.15096(h), the.City Council
hereby finds that changes or alterations have been
required in, or incorporated into, the project
which avoid or substantially lessen the
significant environmental effects which will
result from growth associated impacts identified
in the EIRs. Even with these changes, impacts
remain residually significant. These impacts are
acceptable by reason of the overriding concerns
set forth in item 10 below, Statement of
Overriding Considerations.
Finding (3)c:
Project water supply alternatives are discussed in
the Coastal Branch and SID EIR's. For reasons
discussed in item 8 below, the City Council finds
Resolution for Stake Water
environmental determinations
the "no project"
alternatives to
this project.
and other water supply
be infeasible as alternatives to
7. Findings for cumulative impacts
Pursuant to the California Environmental Quality Act, the City
Council hereby adopts the following findings:
10
A. The project and other water supply projects, as well as
- ....various land - development projects..will have cumulative
impacts in San Luis-Obispo County-and.-.within the City
of San Luis Obispo. The City Council-finds that the
construction of the Coastal Branch, Phase II, and the
mitigation of the significant-adverse environmental
impacts associated with the Coastal Branch, Phase II,
are the responsibility of-the California Department of
Water Resources,.or.the FCWCD, and are outside the
City's jurisdiction and control. This Council
recommends that the-mitigation measures identified in
the Coastal Branch EIR and SLO EIR be adopted by DWR
and FCWCD, and that, if adopted, they would
substantially lessen or avoid these impacts.
Taken together, these projects could have potentially
significant cumulative impacts on geology, water
resources, air quality, biology, transportation,
aesthetics and visual resources, cultural resources,
agriculture, public services, noise, and growth. Of
these, air quality impacts are expected to be
significant and unavoidable in the short -term, even
after implementation of-the mitigation monitoring
program adopted by DWR and - FCWCD. These.impacts are
related to the construction phase only.
Although growth can result in adverse environmental
impacts which would add to cumulative impacts, growth
inducement.tself is not an environmental impact.
Growth inducement is discussed in items 6, 7, and 9 of
these findings. Impacts of the project have been
avoided or substantially lessened with the
incorporation of mitigation measures, but some residual
cumulative air quality impacts may occur in San Luis
Obispo County. Secondary impacts of growth could also
remain.
B. With regard to potential cumulative effects on the
Sacramento Delta, DWR indicates that the project is
independent of any additional modifications to State
Water Project facilities (See Coastal Branch EIR, p.
103). According to DWR, water to be delivered by the
project has been reserved for many years for this
Resolution for State Water
� 11
environmental determinations
delivery. Existing State Water Project supplies will
be reallocated to accommodate the delivery. According
to DWR and CCWA, the delivery to San Luis Obispo County
and Santa Barbara County purveyors through this project
represents about three percent of present State Water
Project deliveries. According to DWR, the impact of the
reallocation is minimal. The Coastal Branch project
has been part of SWP planning since its inception in
the 1960's and facilities within the SWP have been
sized to accommodate the eventual operation of the
project. Environmental and operational. issues involved
in the importation of water from the .Sacramento -San
Joaquin Delta are evaluated-in the.South.Del.ta Water
Management Program DEIR /DEIS,.issued June 1990. These
issues are summarized in.the.Coastal Branch EIR.
Because of the tiered.nature of the environmental
review for -this project,:neither the SLO EIR nor the
City Council has reevaluated the potential for impacts
on the Sacramento Delta.
8. Alternatives
Pursuant to the California Environmental Quality Act, the City
Council hereby adopts the following findings:
A. Alternative Local Pipeline Routes and Water Treatment.
Plant Location
The SLO EIR analyzed certain alternative local pipeline
alignments and alternative locations for the regional
water treatment plant. Consideration of these
alternatives is the responsibility of the FCWCD, and is
outside the jurisdiction and control of this Council.
B. Alternative Water Sources
San Luis Obispo's alternative water sources are
discussed in the SLO EIR on pages 3- 12.through 3 -25.
This Council has considered various water sources which
potentially could provide additional water to the City.
This Council finds that the likely City entitlement
from any individual source, or likely combination of
these alternative water sources, would not provide
sufficient water to satisfy the long -term demands of
the City. Therefore, they do not provide acceptable
alternatives to the project and are determined to be
infeasible as explained below:
(1) No Action -- City water customers would continue
to depend on existing water supplies, which were
nearly depleted during the 1987 - 1991 drought,
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environmental determinations
n
s
12
despite extreme conservation measures. With no
action, the impacts of the project would be
avoided, but the City would lose the additional
water - supply flexibility of a source which is not
dependent on local rainfall and a pipeline which
interconnects major central coast municipal water
users. Therefore, this alternative is rejected as
infeasible. (See SLO EIR, Section 3.1)
(2) Urban conservation -- In the short term and.during
drought.periods,•urban water.demand reduction is
very effective. In the long term, however,. based
upon past-experience-locally and elsewhere .in the.
State, DWR. estimates that.urban:conservation is
capable of reducing consumption by approximately
5 -10 %. 'The City already requires and encourages
many conservation'.measure, including prohibited
uses of water and a- requirement that most new
development offset its water demand.by reducing
water consumption'in, existing:- facilities, until a
.major supplemental.-water source is obtained.
.Water conservation is expected to occur with or
.:without the project. For this reason,
conservation is not a feasible alternative to the
project. It is simply a supplement to the
project. (See Coastal Branch EIR, pp. 80 -81 and
SLO EIR, pp. 3 -23).
(3) Agricultural Conservation -- The City of San Luis
Obispo does not supply water for agricultural
uses. The.City's adopted. policies require that it
avoid competition with..agriculture and wildlife
.habitat uses for limited groundwater and stream
supplies. `The project does not deliver water for
.agricultural use. Although San Luis Obispo County
encourages agricultural water conservation, there
is no program presently in-place to enforce
agricultural water. conservation. Under existing
laws, farmers are entitled -.to pump groundwater for
reasonable use on their overlying property.
Without the means to enforce agricultural
conservation, it is not a feasible alternative to
the project. (See Coastal Branch EIR, p. 82)
(4) Water Reclamation -- This City has proposed a
wastewater reclamation project, in addition to the
incidental stream -flow and groundwater recharge
effects of its current operations. The reclaimed
water program is anticipated to make available 800
to 1,200 afy for landscape irrigation and other
nonpotable uses, thereby freeing an equivalent
amount of potable water for other uses. An EIR on
i
Resolution for State Water 13
environmental determinations
the water reclamation program is being prepared.
Reclamation is considered to be a possible source
in addition to, but not a feasible alternative
for, the project. (See Coastal Branch EIR, pg. 82)
(5) Desalination -- This City initiated an ocean water
desalination project as a temporary, emergency
source to supplement declining surface and
groundwater supplies during the drought. The
project has been suspended with the availability
of near - normal reservoir storage.. This City has
-.not included desalination as a.long -term supply
_option due to.its potentially significant.impacts,
including high energy consumption,.waste brine
disposal, visual and noise impacts from the plant,
and construction- related impacts upon biological,
cultural, and other resources,.and extremely high
costs. For these reasons, desalination is not
.considered a feasible alternative.
(6) Whale Rock Exchange -- This alternative involves
delivering SWP water for Morro Bay, Los Osos, and
Cayucos to the parties currently being served by
-Whale Rock Reservoir (this City, Cal Poly, and the
California Mens Colony). In exchange, Morro Bay,
Los Osos, and Cayucos would receive a like amount
of Whale Rock Reservoir water. An indication of
City interest to participate in state water at
this time would not preclude later negotiating an
exchange agreement. The water exchange would
avoid impacts from constructing the Chorro Valley
Pipeline (or alternative Los Osos Valley Road
Pipeline), but would.not change any of the Coastal
Branch pipeline or growth- related impacts.
(7) Other Reservoir Projects -- This City has
considered other reservoir projects, including:
- Building a pipeline from Lake Nacimiento,
which would require FCWCD approval, may be an
additional supplemental source, but one which
relies on local rainfall.
- Building new dams and reservoirs on Jack
Creek and on Santa Rita Creek, which would
require FCWCD approval, and which would make
water available to the City at the expense of
transferring it from another water -short
area.
- Enlarging Salinas Reservoir, which this City
proposes as an additional supplemental
Resolution for State'Water
environmental determinations
14
source, to provide about 1,600 afy. This
City is preparing an EIR on enlarging the
Salinas Reservoir.
(8) Local Project alternatives -- The following local
projects have been considered by the City:
coastal streams diversion (in conjunction with the
.City of Morro Bay), rejected as infeasible due to
costs, yields, and impacts on fish and wildlife;
Hansen and Gularte creeks diversions, rejected as
_infeasible due to.- costs, yields, and.impacts_on
fish and wildlife; San Bernardo Creek'Dam.(in
conjunction with the City of:-Morro_Bay).,.rejected
-. -as infeasible-due.to. costs, yields, and ..impacts on
fish and wildlife.
(9) Combination.of. Water Sources -- Project water
supply alternatives are discussed in.DWR's Coastal
Branch EIR (See Coastal.Branch.EIR, page 77 -97).
Consistent with the tiering concept, the SLO EIR
incorporates this discussion by reference and
summarizes the.discussion in Section 3.3 of the
SLO EIR. No feasible water supply alternative is
comparable to state water in terms of quantity and
origin outside the area subject to local rainfall
fluctuations. All feasible water supply
alternatives may be needed to supply the City's
projected water needs at build -out of the genral
plan, particularly considering actual reductions
in reservoir yields due to siltation and potential
reductions due to environmental or other causes.
For these reasons, the alternatives described
above, even considered together, are infeasible.
9. CEOA General Findings
Pursuant to the California Environmental Quality Act, the City
Council hereby adopts the following findings:
A. Changes have been incorporated into the project to
mitigate or avoid significant impacts. These changes
or alterations include the mitigation measures outlined
herein and set forth in more detail in the project
EIR's.
B. Some changes are within the responsibility and
jurisdiction of other agencies. For example, the
mitigations for Coastal Branch, Phase II, and the local
distribution lines and facilities are within the
responsibility, jurisdiction, and control of the
Department of Water Resources, FCWCD, and CCWA.
Resolution for State Water 15
environmental determinations
C. Specific economic, social, or other considerations make
infeasible certain of the alternatives suggested and
analyzed in the project EIR's. These considerations
are more fully discussed in the - Coastal Branch and SLO
EIRs and in item 8 of this resolution.
D. City action presumes that DWR and FCWCD will adopt
mitigation measures and a mitigation monitoring
program, as recommended. This mitigation program
includes measures which avoid or substantially lessen
the - significant project impacts.-as required by CEQA.
E. Although the project and.the mitigation program
proposed by DWR.and FCWCD. mitigate . the-potentially
.significant environmental.impacts as required by CEQA,
there may be residually significant growth - related
impacts and short -term impacts upon air quality,
associated with construction activity. These impacts
have been lessened through the mitigation measures
included in the project as required by CEQA, and the
remaining adverse environmental impacts are acceptable
by reason of the overriding concerns set forth .in the
Statement of Overriding Considerations (See item 10).
F. This - Council hereby endorses.and adopts-the following
.mitigations for the project. With .incorporation of
these - mitigations, this Council finds that the
environmental impacts associated with the project are
at least partially mitigated. Those adverse
environmental impacts that are not mitigated are
acceptable for the reasons set forth in the Statement
of Overriding Considerations (See .item 10).
(1) This Council agrees to implement all mitigation
.measures recommended..in the SLO EIR, :for which it
has, or will obtain, jurisdiction and control,.
that mitigate or avoid the direct or indirect
environmental effects of those parts of the
project which this Council decides to carry out,
finance, or approve. Specifically, this Council
will maintain adopted policies and a management
plan or program, which shall demonstrate that its
project water shall be used first to offset its
proportionate share of groundwater basin
overdraft, if any, and to improve water quality
for its consumers, if appropriate, and to provide
an appropriate reserve available for a period of
reduced water supply before being made available
for other purposes. Such commitment shall be
manifested by the adoption of an ordinance or by
the adoption of a resolution or by the adoption of
a water management plan or program which brings
Resolution for StaLa Water 16
environmental determinations
its proportionate share of groundwater supply and
demand into balance.
(2) If the City proposes to construct any pipeline
connections involving potentially significant
impacts, this Council will adopt a mitigation
monitoring plan as discussed in item it below.
The mitigation monitoring program shall be revised
as necessary to reflect any changes to the final
conditions of approval or final mitigation
measures .and._final.design...Potential impacts and
recomended.mitigations related to these.pipeline
sections are . included..in._the-':SLO.`EIR..as _follows:
Air quality - pages 4.3 -1 and 4..3 -8
Biological resources - ;pages 4.4 -48 and 4.4-
78, and 4.4 -90 through 4.4 -104
Transportation— pages 4.5 -2., 4.5 -4, and 4.5-
7 through 10
Visual. resources - pages 4.6 -3, 4.6 -11, and
4.6 -18, 19
Cultural resources - page 4.7 -7
Agricultural resources - page 4.8 -20
Noise - page 4.10 -15
Land use - pages 4.11 -13 and 34.
10. Statement of overriding considerations
Pursuant to the California Environmental Quality Act, the City
Council hereby adopts the following statement.
In balancing the benefits of the proposed project against the
project's unavoidable adverse environmental impacts, this Council
hereby determines that the benefits outweigh the significant and
unavoidable adverse environmental impacts and that these impacts
are acceptable based on the following overriding considerations:
A. Groundwater levels in the San Luis Obispo area declined
during the 1987 - 1991 drought. If continued on a
long -term basis, a similar decline could result in
lower water service reliability during future severe
droughts, and other potentially significant impacts.
Accepting supplemental water supplies from the Coastal
Branch Phase II SWP would create a margin of safety in
Resolution for State Water
environmental determinations
the event groundwater supply is reduced or fails
entirely as a result of other ground -water users' or
other agencies' actions, and drought conditions.
17
B. In the San Luis Obispo area, there has been at least
short-term competition for existing water supplies
between urban and agricultural users. Accepting
supplemental water supplies from the Coastal Branch
Phase II SWP could reduce the competition between urban
and agricultural demand.by supplementing urban demand.
C. Existing:information.indicates that -there are no other
...supplemental water supply.alternatives which-can
individually or cumulatively furnish water of
suffcient.quality and quantity to meet the long -term
demands of the City, considering full development under
the adopted general plan, and.declining availability of
groundwater and surface reservoirs supplies.
D. At present, there is no overall °.water supply system
which links major population centers within the county,
and there is no connection between the county water
systems and.the water systems in other parts of the
state. As a result, at times of critical shortage the
water purveyors of the county are isolated. The
proposed project will provide a link with the statewide
system, and also provide a means to connect most of the
major population centers within the county to one
another, thereby allowing emergency backup and water
exchange.
E. It is desirable to provide adequate water: for growth
in conformity with the.Land Use.Element; for
development of affordable housing as .provided in the
Housing Element, including that needed to.meet the
identified City share of regional.housing needs; to
allow diversion of some °growth.from other places in the
region where its occurrence could entail more severe
impacts; to allow expansion of the city to better
control the type of development which might occur at
its edges.
F. The benefits of the project outweigh the unavoidable
effects. Therefore, the unavoidable environmental
effects are acceptable.
G. Because of the complexities of this project and the
procedural requirements of the California Environmental
Quality Act (CEQA), and the timeframe for decision
making imposed by the San Luis Obispo County Flood
Control and Water Conservation District (FCWCD), the
City Council finds and determines that this statement
Resolution for Statt.'Water 18
environmental determinations
of overriding considerations is intended to apply to
any and all of the project's unavoidable adverse
environmental impacts, however occuring, whether
specifically set forth in this resolution or contained
within the Record of Proceedings set forth in Paragraph
4.
11. Mitigation monitoring plan
A. As lead agency for the SLO EIR,.FCWCD will be required
to adopt.a.- mitigation and monitoring program for the
__local projects. .As.lead..agency for.the Coastal Branch,
Phase II, DWR will be required to adopt.a.mitigation
and monitoring program - for -that part of the project.
The mitigation program -has been.formulated
based upon the premise that.the. earlier in the process
environmental review occurs,-.the greater the potential
for designing an environmentally sensitive project.
This Council recommends that these preliminary
.-mitigationmonitoring programs be.revised by FCWCD and
DWR prior to commencement of construction, in
consultation with the Central Coast Water Authority,
Department of Fish and Game, U.S. Fish and Wildlife
Service, Department of Water Resources, and U.S. Army
Corps of.Engineers.
B. As a responsible agency, this Council will be
responsible for preparing and implementing a mitigation
monitoring program for the adverse environmental
effects that result from the part of the project that
it decides to directly carry .out, finance, or approve,
if any. This Council hereby commits itself to devising
monitoring measures to ensure implementation of any
approved mitigations for which it becomes responsible.
(See also item 9.F(2) above.)
12. overall intent
The City has considered as a whole the issue of
participation in the State Water Project, participation in
the District's regional treatment and local distribution
facilities, the impacts of additional water supply, and the
construction or modification of City facilities to receive
State Water Project water. The determinations of this
resolution are intended to cover all actions necessary for
the City to receive State water. If the City discovers in
the course of implementing connections with the local (FCWCD
or CCWA) facilities that actions or features not now
anticipated are required, separate environmental
determinations will be made, pursuant to the California
Environmental Quality Act.
Resolution for Statt Water 19
environmental determinations
Action
This Council determines that it has adequate environmental
information to take all actions necessary for the City to obtain
State Water Project water.
On motion of Councilman Reiss , seconded by, CouncilwM n Rapp
and on the following roll call vote:
AYES: Council members Reiss, Rappa, and Mayor Dunin
NOES: Councilmembers Pinard and Roalman
ABSENT: None
the foregoing resolution was passed and adopted this._ 21st .
day of aril . , 1992.
ATTE
City Clerk
APPROVED:
City Aoministrative Officer
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ty D)�vAlopment Director
Utilities Director
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