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HomeMy WebLinkAbout8125-8149RESOLUTION NO. 8149 (1993 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE ACTION OF THE ARCHITECTURAL REVIEW COMMISSION TO APPROVE AN EXCEPTION TO SIGN REGULATIONS FOR A MONUMENT SIGN AT 1335 BROAD STREET (ARC 21 -93) WHEREAS, the Architectural Review Commission conducted a public hearing on a request to approve an exception to sign regulations for a monument sign at 1335 Broad Street (ARC 21 -93) on March 1, 1993, and determined to approve an exception to the maximum height normally allowed; and WHEREAS, the action of the Architectural Review Commission has been appealed to the City Council; and WHEREAS, the City council has conducted a public hearing to consider the appeal on April 6, 1993; and WHEREAS, the City Council has considered the testimony and statements of the appellant and applicant, and other .interested parties, and the records of the Architectural Review Commission hearing and action, and the evaluation and recommendation of staff; NOW, THEREFORE, the Council resolves to deny the appeal, and uphold the action of the Commission to approve a four -foot high monument sign where a three -foot maximum height is normally allowed, based on the following finding as adopted by the Commission and subject to the limitation that the sign not be internally illuminated and the requirement that any other application for signs on this property require Architectural Review Commission review: SECTION 1. Finding. 1. There are, exceptional circumstances which apply to the site R -8149 Resolution No. 8149 (1991 Series) ARC 21 -93 Page 2 - which justify an exception to the height regulations, specifically the existence of a mature hedge on the property and the existence of a taller monument sign on the adjacent property. On motion of Council Member Roalman seconded by Council Member Rappa , and on the following roll call vote: AYES: Council Members Roalman, Rappa, and Romero NOES: Council Member Settle and Mayor Pinard i ABSENT: None the foregoing resolution was passed and adopted this 6th day of April , 1993. Mayor Peg Pdnard _ ATTEST: t Clerk Diane R. G t well APPROVED: ty A inistrative Officer C't tt ne a nu , RESOLUTION NO. 8148 (1993r `...ries) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING PROGRAM SUPPLEMENT NO. 012 TO THE LOCAL AGENCY STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO. 05 -5016 FOR THE BRIDGE REPLACEMENT PROJECT - ELKS LANE AT SAN LUIS OBISPO CREEK CITY PLAN NO. L -10H WHEREAS, the City and the State have entered into Master Agreement No. 05 -5016 for Federal -Aid Projects; and WHEREAS, Program Supplement No. 012 to the Master Agreement designates the Federal Funds requested and the matching funds to be provided by the City for right -of -way acquisition for the Bridge Replacement Project, Elks Lane at San Luis Obispo Creek; and WHEREAS, the City is eligible to receive. Federal Bridge Replacement and Rehabilitation Funds (HBRR) for this project; NOW THEREFORE BE IT RESOLVED, that the City Council of the City of San Luis Obispo, California hereby: 1. Approves Exhibit A attached, entitled "Program Supplement No. 012 to Local Agency - State Agreement for Federal -Aid Projects No. 05- 5016," and the Mayor is authorized to execute the same. 2. Directs the City Clerk to transmit the two (2) originals, attaching to each a copy of the authorizing resolution to: Mr. John W. Ritter Asst. Dist. Local Streets & Roads Engineer California Department of Transportation P. O. Box 8114 San Luis Obispo, CA 93403 -8114 Upon motion of Council Member Rapp a seconded by Council Member Romero and on the following roll call vote: R -8148 I Resolution No.8148(1993 Series) Page Two. AYES: Council Member Rappa, Romero, Roalman, Settle, and Mayor Pinard NOES: None ABSENT: None the foregoing resolution was adopted this 6th day of April , 1993. ATTEST: ��illillillill; NONNI 1111111111 APPROVED: :l jha/hbrr -non by F vex, i February 3, 1993 ?4:OGRAM SUPPLEMENT Ne.: 012 Locat"ivn: 05- SLO -O -SLO to I Project Number: BROS- 0079(017) LOCAL AGENCY -STATE AGREEMENT E.A. Number: 05- 140754 FOR FEDERAL -AID PROJECTS NO. 05 -5016 This Program Supplement is hereby incorporated into the Local Agency -State Agreement for Federal Aid which was entered into between the Local Agency and the State on 06/22/78 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 2 of Article II of the aforementioned Master Agreement under authority of Resolution No. 8148 approved by the Local Agency on April 6, 1993 (See copy attached). The Local Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT TERMINI: ON ELKS LANE AT SAN LUIS OBISPO CREEK, BRIDGE NO. 49C -081. TYPE OF WORK: REPLACE EXISTING BR. & CONST. APPR. RDWYLENGTH: 0.1 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK ,)%f jay] Preliminary Engineering J1 X Right -of -Way [ ] [ ] Construction Engineering [ ] Construction Estimated Cost Federal Funds Matching Funds Local OTHER OTHER $ 24000 117 $ 19200 $ 4800 $ 0 $ 0 $ 0 CITY OF SAN LUIS OBISPO I By Mayor eg Pinard _Date 6t 0 73 Attest , C' -t leik Diane R. dwell Title STATE OF CALIFORNIA Department of Transportation By DIST CT LOOCCAAL ' STREET AND ROADS ENGINEER Date 41! 5L93 I hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officek /' 14VW Date 9'3.5-3 $ 19200.00 Chapterl Statutes l Item I Y 1(eef- I Program 18C1 Fund Source I AMOUNT 587 1992 2660- 101 -890 92-93 20.30.010.300 C 224060 892 -F 19200.00 Page 1 of •-a K • \� 05- SLO -O -S LO BROS- 0079(017) SPECIAL COVENANTS OR REMARKS DATE: 02/03/93 1. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article UI MAINTENANCE of the aforementioned Master Agreement will be performed by the Local Agency at regular intervals or as required for efficient operation of the completed improvements.. 2. The Local Agency will advertise, award, and administer this project and will obtain the State's concurrence prior to either award or rejection of the contract. 3. The Local Agency agrees the payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration in the Federal -Aid Project Agreement (PR -2) /Detail Estimate; or its modification (PR -2A) or the FNM -76, and accepts any increases in Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Division of Local Streets and Roads. 5.. In executing this Program Supplemental Agreement, Local Agency hereby reaffirms the "Nondiscrimination Assurances" contained in the aforementioned Master Agreement for Federal -Aid Program. 6. Whenever- the local agency uses a consultant on a cost plus basis, the local agency is required to submit a post audit report cover- ing the allowability of cost payments for each individual consul- tant or sub - contractor incurring over $25,000 on the project.: The audit report must state the applicable cost principles utili= zed by the auditor in determining allowable costs as referenced in CFR 4.9, part 18, Subpart C - 22, Allowable Costs. Page 2 o ° _t',' 7 RESOLUTION NO. 8147(1993 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING PROGRAM SUPPLEMENT NO. 011 TO THE LOCAL AGENCY STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO. 05 -5016 FOR THE "BRIDGE REPLACEMENT PROJECT - NIPOMO STREET AT SAN LUIS OBISPO CREEK CITY PLAN NO. J -12H" WHEREAS, the City and the State have entered into Master Agreement No. 05 -5016 for Federal -Aid Projects; and WHEREAS, Program Supplement No. 011 to the Master Agreement designates the Federal Funds requested and the matching funds to be provided by the City for right -of -way acquisition for the Bridge Replacement Project - Nipomo Street at San Luis Obispo Creek, City Plan No. J -12H; and WHEREAS, the City is eligible to receive Federal Bridge Replacement and Rehabilitation Funds (HBRR) for this project; NOW THEREFORE BE IT RESOLVED, that the City Council of the City of San Luis Obispo, California hereby: 1. Approved Exhibit A attached, entitled "Program Supplement No. 011 to Local Agency State Agreement for Federal -Aid Projects No. 05- 5016, ". and the Mayor is authorized to execute the same. 2. Directs the City Clerk to transmit the two (2) originals, attaching to each a copy of the authorizing resolution to: Mr. John W. Ritter Asst. Dist. Local Streets & Roads Engineer California Department of Transportation P. O. Box 8114 San Luis Obispo, CA 93403 -8114 R -8147 Resolution No.8147(1993 Series) Page Two. Upon motion of Council Member Rappa seconded by Council Member Romero and on the following roll call vote: AYES: Council Members Rappa, Romero, Roalman, Settle, and Mayor Pinard NOES: None ABSENT: None the foregoing resolution was adopted this 6th day of April , 1993. wel .0 Ea !L� �.•1 e yI ATTEST: 4 !=�—WJORMW -1 MWAQ n]9t"019:163 jh4 /hbrr -j12h by Al oil �V C N `f n D"•e: December 9, 1992 - PROGRAM SUPPLEMENT L_t 011 Locat_4n: 05- SLO -O -SLO to Project Number: BRM- Y398(002) LOCAL AGENCY -STATE AGREEMENT E.A. Number: 05- 929591 FOR FEDERAL -AID PROJECTS NO. 05 -5016 CRP- L089(977) This Program Supplement is hereby incorporated into the Local Agency -State Agreement for Federal Aid which was entered into between the Local Agency and the.State on 06/22/78 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 2 of Article II of the aforementioned Master Agreement under authority of Resolution No. 8147 , approved by the Local Agency on April 62 1993 (See copy attached). The Local Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages.. PROJECT TERMINI: ON NIPOMO ST AT SAN LUIS OBISPO CREEK, BR. NO. 49C -369. TYPE OF WORK: REPLACE BRIDGE AND APPROACHES LENGTH: 0.1 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [ ] Preliminary Engineering [X] Right -of -Way [ ] [ ] Construction Engineering [ ] Construction Estimated Cost Federal Funds Matching Funds Local OTHER OTHER $ 15000 118 $ 12880 $ 2120 $ 0 $ 0 $ 0 CITY OF SAN LUIS OBISPO By _ Mayo Peg Pinard Date —� Attest Title STATE OF CALIFORNIA Department of/ Transportation By QJ./a��/f I.� (.J�!1 DISTRICT LOCAL STREET AND ROADS ENGINEER Dates Lq 3 I hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Offi�%��N\ Date �� / �Z $ 12880.00 Chapter Statutes I Item l y Year (�_' Program 1BC1 Fund Source I AMOUNT 587 1992 2660- 101 -890 APPROVED AS TO FORM: 92 -93 20.30.010.300 C 224060 892 -F 12880.00 Page 1 of 2 05- SLO -O -SLO U BRM- Y398(002) nDATE: 12/09/92 SPECIAL COVENANTS OR REMARKS 1. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article VI MAINTENANCE of the aforementioned Master Agreement will be performed by the Local Agency at regular intervals or as required for efficient operation of the completed improvements. 2. The Local Agency will advertise, award, and administer this project and will obtain the State's concurrence prior to either award or rejection of the contract. 3. The Local Agency agrees the payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration in the Federal -Aid Project Agreement (PR -2) /Detail Estimate, or its modification (PR -2A) or the FNM -76, and accepts any increases in Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Division of Local Streets and Roads. 4. In executing this Program Supplemental Agreement, Local Agency hereby reaffirms the "Nondiscrimination Assurances" contained in the aforementioned Master Agreement for Federal -Aid Program. 5. Whenever the local agency uses a consultant on a cost plus basis, the local agency is required to submit a post audit report cover- ing the allowability of cost payments for each individual consul- tant or sub - contractor incurring over $25,000 on the project. The audit report must state the applicable cost principles utili- zed by the auditor in determining allowable costs as referenced in CFR 49, part 18, Subpart C - 22, Allowable Costs. Page 2 of 2 RESOLUTION NO. 8146(1993 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE RIGHT -OF -WAY AGREEMENT AND CERTIFICATE OF ACCEPTANCE FOR THE EASEMENT DEED FOR THE BRIDGE REPLACEMENT PROJECT - N1POM0 STREET AT SAN LUIS OBISPO CREEK CITY PLAN NO. J -12H WHEREAS, the City proposes to replace the Nipomo Street Bridge at San Luis Obispo Creek; and WHEREAS, replacing the Nipomo Street Bridge requires the acquisition of an easement over the property commonly known as The Creamery; and WHEREAS, the City has successfully negotiated a right -of -way agreement and easement deed with the property owners; NOW THEREFORE BE IT RESOLVED that the City Council of the City of San Luis Obispo, California hereby accepts Exhibit B attached, entitled "Right -of -Way Agreement and Certificate of Acceptance," and the Mayor is authorized to execute the same. On motion of Council Member Rappa ,seconded by Council Member Romero , and on the following roll call vote: AYES: Council Members Rappa, Romero, Roalman, Settle, and Mayor Pinard NOES: None ABSENT: None the foregoing resolution was adopted this 6th day of April , 1993. R -8146 `Resolution No.8146 (1993 Series) Page Two. ATTEST: VA APPROVED: jh4 /row -jt2h by M rl 0 �-,.IGHT OF WAY AGREEMENT A- 32 -93 -CC THIS AGREEMENT is made and entered into by and between The Creamery, a Limited Partnership hereinafter called "Grantor ", and The City of San Luis Obispo hereinafter called "City" An instrument in the form of an Easement Deed covering the property particularly described therein, has been executed and delivered to City. In consideration of which, and other considerations hereinafter set forth, it.is mutually agreed as follows: 1. The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall relieve the City of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. 2. The City shall: A. PAYMENT -Pay to the order of the Grantor the sum of $12,100 as consideration in full for the herein real property for the loss, replacement and moving of, any improvements, and for entering into this Agreement. Said sum shall be paid within (30) days after title to said real property has vested in City free and clear of all liens, encumbrances, assessments, easements and leases recorded or unrecorded, except for recorded public utility easements and right of way. B. RECORDATION OF INSTRUMENT - Accept the herein referenced instrument and cause the same to be recorded in the office of the San Luis Obispo County Recorder at such time as when clear title can be conveyed. C. MISCELLANEOUS COSTS Fes.. transaction and, if title insurance is desired. 4/1/93 D. CLEARANCE OF BONDS. Ac Have the authority to deduct and pay iron amount necessary to satisfy any bond dem the year in which this escrow closes, togeth delinquent and unpaid nondelinquent asse escrow. E. CONSTRUCTION AND RES i modifications to Grantor's remaining prof A, attached hereto and incorporated herel. Grantor's adjacent parking lot throughout Bridge Replacement Project, for which the modifications specifically shall include: . i) widening the existing exit and exit; Barbara Vance needs the original of the Right -of =Way Agreement (A- 32- 93 -CC) for the Nipomo Street Bridge on the April 6, 1993 Council Mtg. after it has been executed by the Mayor_ & Clerk. It's for escrow! (Item #C -8 on 4/6/93) JSB — this er. ES 'mil` mxcept 'or . ose of :hibit to xeet id ii) constructing a temporary internal connector to provide appropriate traffic.circulation in accordance with existing parking stall layout; and iii) barricading the existing entrance driveway during the construction period. A- 32 -93 -CC Said work shall be completed by City in advance of commencementof construction on the Nipomo Street Bridge Replacement Project. Upon completion of the Nipomo Street Bridge Replacement Project, City shall restore Grantor's real property and other improvements located thereon to the condition that existed prior to said construction, to the extent that is reasonably practical. Ingress and egress to Grantor's property shall be maintained at all times. All construction and restoration work shall be done by City at City's sole cost and expense. City shall provide Grantor and tenants of Grantor 30 days advance written notice of the onset of construction activities. Additionally, City shall provide public notice in advance of the onset of construction. Said notice shall run no less than three times in the local newspaper, and shall specifically inform the public that the Creamery parking lots will remain open throughout the construction period. City shall make all reasonable and diligent efforts to promote the completion of project construction within seven months from commencement of construction activities. F. PARKING - During the referenced Nipomo Street Bridge construction period, authorize and provide at least three parallel street parking spaces on Nipomo Street in the general locations depicted in Exhibit B attached hereto and incorporated herein. These spaces should have identified time limitations so as to encourage turnover. G. SIGNAGE - Includ Replacement Project construct the corner of Higuara and Nip Nipomo Street bridge, indicati guiding drivers to Grantor's p< as standard "detour" signs utiL accordance with standard sign Bridge Replacement Project. appropriate provisions in the Nipomo Street Bridge ion contract to require selected contractor to provide signs at Imo Street and at the temporary barricade south of the ig "Creamery Parking. Lot Open ", with directional arrows rking lot. Said signs shall be of the same quality and format zed throughout the construction area, prepared in post detail referenced in City plans for the Nipomo Street H. COORDINATION WITH BUSINESS TENANTS_ - Take practical and reasonable steps to mitigate impacts of construction activities on Grantor's tenants. City hereby acknowledges the value of coordinating with the downtown business association to discuss and coordinate potential mitigations. I. INDEMNIFICATION - Defend, indemnify, and hold harmless Grantor from any and all claims, damages, costs, judgments, or liability caused by City or its officers, employees or agents specifically arising from the construction of the Nipomo Street Bridge Replacement Project and City construction and restoration work on Grantors real property related thereto. 3. The Grantor: A. PAYMENT ON MORTGAGE OR DEED OF TRUST - Agrees that any or-all monies payable under this Agreement up to and including the total, amount of the unpaid principal and interest on the note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other amounts due and payable in accordance with the terms and conditions of said mortgage(s) or deed(s) of trust, shall upon demand(s) be made payable to the mortgagee(s) or beneficiary(s) entitled thereunder; said mortgagee(s) or beneficiary(s) to furnish Grantor with a good and sufficient receipt showing said-monies credited against the indebtedness secured by said mortgage(s) or deed(s) of trust. B. LEASE INDEMNIFICATION - Warrants there are no oral or written leases on all or any portion of the herein referenced real property exceeding a period of one month, or if there are such leases, Grantor agrees to hold the City harmless and reimburse City for any and all of its losses and expenses occasioned by reason of any lease of said property held by tenant of Grantor fora period exceeding one month. C. POSSESSION - Shall retain possession of the property conveyed up to and including the date of recording of the deed conveying title to City. 4. The Parties agree: EM A. ESCROW - To open an escrow in accordance with this Agreement at Ticor Title Company, San Luis Obispo. This Agreement constitutes the joint escrow instructions of City and Grantor, and Escrow Agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties hereto agree to do all acts necessary to close this escrow in the shortest possible time. As soon as possible after opening of escrow, City will deposit the executed Deed by Grantor, with Certificate of Acceptance attached, with Escrow Agent on Grantor's behalf. City agrees to deposit the purchase price upon demand of Escrow Agent. City and Grantor agree to deposit with Escrow Agent all additional instruments as may be necessary to complete this transaction. All funds received in this escrow shall be deposited with other escrow funds in a general escrow fund account(s) and may be transferred to any other such escrow trust account in any State or National Bank doing.business in the State of California. All disbursements shall be made by check from such account. Any taxes which have been paid by Grantor, prior to opening of this escrow, shall not be pro -rated between City and Grantor, but Grantor shall have the sole right after close of escrow, to apply to the County Tax Collector of said County for any refund of such taxes which may be due owner for the period after City's acquisition. i) ESCROW AGENT DIRECTIVES - Escrow Agent is authorized to, and shall: a) Pay and charge Grantor for any unpaid delinquent taxes and/or any penalties and interest thereon, and for any delinquent assessments or bonds against that portion of Grantor's property subject to this transaction as required to convey clear title. b) Pay and charge City for any escrow fees, charges and costs payable under Paragraph 2.C. of this Agreement; c) Disburse funds and deliver deed when conditions of this escrow have been fulfilled by City and Grantor. d) Following recording of Deed from Grantor, respond to any City request to provide City with a CLTA Standard Coverage Policy of Title Insurance in the amount of $12,100 issued by Ticor Title Company showing that title to the herein real property is vested in City, subject only to the following exceptions, and the printed exceptions and stipulations in said polices: 1) Real Property Taxes for the fiscal year in which escrow closes. 2) Items numbered 3,4, 5, 6, and 7 of title report # 210372 dated September 1, 1992 at 7:30 issued by Ticor Title Company. CLOSE OF ESCROW - The term "close of escrow ", if and where written in these instructions, shall mean the date necessary instruments of conveyance are recorded in the office of the County Recorder. Recordation of C t� instruments delivered through this escrow is hereby authorized. B. JUDGMENT IN LIEU OF DEED - In the event Grantor is unable to deliver title in a reasonable time under the terms of the Agreement, the City may file an action in eminent domain to pursue the acquisition of this parcel, and this Agreement shall constitute a stipulation which may be filed in said proceedings as fmal and conclusive evidence of the total amount of damages for the taking, including all of the items listed in Section 1260.230 of the Code of Civil Procedure, regarding this parcel. C. ARTICLE HEADINGS - Article headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants and conditions of this Agreement. D. SETTLEMENT PROPOSAL.. This Agreement represents Grantor's settlement proposal and is expressly subject to and contingent upon City's acceptance and approval. Deposit into escrow of a fully executed copy of this Agreement constitutes acceptance and approval by City. E. COMPLETE UNDERSTANDING - This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, superseding all negotiations, prior discussions, and preliminary agreements or understandings, written or oral. This Agreement may not be amended except in writing by the parties hereto or their successors or assigns. Dated: C3 GRANTOR: The by: CITY: The City of San Luis Obispo bya C'iy Clerk iane Gladweli Mayor eg Pinard No Obligation Other Than Those Set Forth Herein Will Be Recognized. iig a are io'e "4' J 1 / Ckl6R' M.(IV7f,VA,YCE e*4.r 4OZ AW W.6 i C —rmML1 its sus a m litIra I � 679 9iJS hiT 0 N S3407'00'L WxV J&40, _ 54. 00 P ' &7 .A s_ s; rn -ILO ,tEr .Y Az" low M 4*%wT (.f, -al N 8fi'53'GD'W ao- cuo ! 7.*c AIR i n ao o..ew EASEMENT h I� f✓ss 4�/R/77== a` Jra cel C. � CO 6 /f/. ?! A! .A. 'J / >?.Gt7 g .v aaa,C .crrsa V /C //V /TY /tI.4P SEf Q'T, Q'. uct r�q ys� , ? 9 2 OR /4t5 N• a 1�pD°� N °; • 4! a _.yep v e� iig a are io'e "4' J 1 / Ckl6R' M.(IV7f,VA,YCE e*4.r 4OZ AW W.6 i C —rmML1 its sus a m litIra I � 679 9iJS hiT 0 N S3407'00'L WxV J&40, _ 54. 00 P ' &7 .A s_ s; rn -ILO ,tEr .Y Az" low M 4*%wT (.f, -al N 8fi'53'GD'W ao- cuo ! 7.*c AIR i a0' 8 �a 8 0 h 8 r, E 3 h �t Zti I� IA h I� f✓ss 4�/R/77== Jra cel C. � CO 6 /f/. ?! A! L6� 'J / >?.Gt7 g .v aaa,C .crrsa SEf Q'T, Q'. r�q ys� 3 ? 9 2 OR /4t5 J t $ r—&AWM9wrAW a7 sff4"O!Mr. w co A. d c - 1512.09 Ae i q,/ 3 OM94VAC NWIY__ C::WA0.-X GK A114W fA /N/fl A4515 Ow 4eAQ/NSS N 53'07'QO'E a0' 8 �a 8 0 h 8 r, E 3 h �t Zti I� IA /G l/ER A S/ R'XMO e.USS IPAI - h I� 8 � J t /G l/ER A S/ R'XMO e.USS IPAI - ILI Ali WIDEN EXIST. DRIVEWAY Sol *t BARRICADE EXIST. DRIVEWAY I ����iuil�����`���� city or san lugs OBISPO F. 11 N I IL.711T 71,77 45 Ali WIDEN EXIST. DRIVEWAY Sol *t BARRICADE EXIST. DRIVEWAY I ����iuil�����`���� city or san lugs OBISPO F. 11 N I IL.711T 71,77 I 1' V R! Zia- • f _ ' F I ♦ �. :,, ♦ � /l1 '' • ru g' Ar Y A }•• Ai • y1 M. &a-al flu •�`�.'yi}Tr,�+ �llr'�^! � -T, i _l -iY `t � , �j � . Ma ' �� G� �� { f+ c C} • I a� h t 1 Ir v ■.I is -_': �.., S`. � • 1, �¢. -' i f `"b „ '� 1 r 4 R + ' 3 C 77 +' w' is • .'t 1� , 1 e:lr At' F" ]recording requested by and when recorded, please return to: 0 CITY CLERK CITY OF SAN LUIS OBISPO P.O. BOX 8100 SAN LUIS OBISPO, CA 93403 -8100 No fee per Government Code 6103 No Documentary Transfer Tax per Revenue Taxation Code 11922 APN: 02- 402 -046 EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CREAMERY, A LIMITED PARTNERSHIP hereby GRANTS to the City of San Luis Obispo, a chartered municipal corporation, an easement to maintain, repair and improve the Nipomo Street bridge wing wall and creek channel over the following described property: That portion of Block 6I of the City of San Luis Obispo as conveyed by deed recorded June 27, 1983 In Vol 2497 at Page 519 in the Office of the San Luis Obispo County Recorder, In the City of San Luis Obispo, County of San Luls Obispo, State of California, as per map filed in Book A, Page I68 of Nlaps, .In the office of the County Recorder of said County, described as follows: Beginning at a point on the westerly line of Nipomo Street in said City, distant thereon 248.00 feet North 36 053'00" West from the northwesterly corner of Higuera and Nlpomo Street to the Point of Beginning; thence westerly at right. angles to Nipomo Street 52.00 feet to a point; thence northwesterly parallel with Nipomo Street to the center of San Luis Obispo Creek; thence northeasterly aloog.the center line of said creek to the westerly line of Nipomo Street; thence South 36053'00" East along said westerly line of Nipomo Street to the Point of Beginning. IN WITNESS WHEREOF GRANTOR hereunto caused their name to be subscribed this ay of 1993. State of California J �y County of s;i1c On j4VC44 51 /" before me, personally appearea CS , personally know to me (or proved to me on. the basis of _ satisfactory evidence) to the person(s) whose names) is/aresu scribed to the within instrument and acknowledged to me that he/she4hey executed the same in his/her /their authorized capacity6es), and that by his/her- /lheir signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the ins n WITNES m nd offic• I <�< ` 'Y � OFFIC '•• `cAl LILLIAN' D. Je.1•.'f.LL rn G• T. v NOTARY FUBL:L•C<.L1F0RN1A Signatur �1! IENTURA C01NTY Note: This Easement DVd will be recorded. Your signature(s) must be Y C P• NOY.25 19 4 InCotm the notary that the acknowledgement is for an instrument to be recorded. (California Civil Code 1169, et.seq.) ���� ►�►►�►��a►��� �� i►►�IIIII IIII IIh1 ° "'� �� I(I city osAn luis oBispo 4 I 990 Palm Street /Post Office Box 8100 • San Luis Obispo, CA 93403 -8100 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by the Easement Deed dated March 5 1993,from The Creamery, A Limited Partnership (James M. Harrison, General Partner) to the CITY OF SAN LUIS OBISPO, a Political Corporation, is hereby accepted by the undersigned officer on behalf of the City Council pursuant to authority conferred by Resolution No. 5370 (1984 Series), recorded June 15, 1984, in Volume 2604, Official Records, Page 878, San Luis Obispo County, California, and the Grantee consents to recordation thereof by its duly authorized officer or his agent. Date: CITY OF SAN LUIS OBISPO I. Peg Pir&d, Mayor ATTEST: g6, Glaidwelj�tity Clerk - ttN. 12/92 n 1 it ON 4� RESOLUTION NO. 8145 I� (1993 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF VESTING TENTATIVE TRACT NO. 2126 LOCATED AT 500 STONERIDGE DRIVE 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 2126 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 -1 -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 subdivision will not have a significant adverse impact on the environment, subject to the mitigation measures of the Final Environmental Impact Report (EIR) certified by the City Council on April 28, 1992, and listed in Exhibit "A ", being incorporated into the project, and the mitigation monitoring program adopted with approval of the preliminary development plan on July 21, 1992 being followed. SECTION 2. Exception. That an exception to the parking and driveway standards to enable more than four properties to be served by the proposed private street is hereby approved based on the following: 1. The exception will not constitute a grant of special privilege inconsistent with the driveway or parking limitations upon other properties in the vicinity since the R -8145 C Resolution No. 8145 Tract 2126 Page 2 (1993 Series) n proposed private street will be developed to allow for two lanes of traffic with on- street parking and a conforming turnaround area. 2. The exception will not adversely affect the health, safety or general welfare of persons working or residing at the site or in the vicinity since the principal types of concerns associated with a larger number of parcels being served by a private driveway such as provision for unimpeded traffic and available parking are addressed. 3. The exception is reasonably necessary for the subdivider's full enjoyment of uses upon the property. SECTION 3. Conditions. The approval of the tentative map for Tract 2126 be subject to the following conditions: 1. The subdivider shall relocate and construct the access road to the Edna saddle water tank to the satisfaction of the City Engineer, Utilities Engineer and Fire Department. Said access road shall be constructed as an all- weather surface capable of supporting heavy equipment and fire apparatus to the satisfaction of.the City Engineer and Utilities Engineer. Drainage proposed down the access road must be discharged through an under - sidewalk drain per City standards. 2. All proposed public streets (including street furniture such as street lights, fire hydrants, street signs, etc...) must be constructed to City Standards and to the satisfaction of the City Engineer (street pavement shall be designed to a. Traffic Index of 5.5). The subdivider shall install curb, gutter and sidewalk along all public street frontages. Sidewalks shall be 4.5 -feet in width. 3. The City Engineer reserves the right to make adjustments, alterations and modifications to the proposed island and cistern to accommodate reasonable access by Fire Department apparatus and City equipment and to provide for public facilities maintenance (including underground facilities). 4. The subdivider shall construct the off -site storm drain system to an adequate point of disposal. Plans and hydraulic calculations shall be prepared by a registered civil engineer, to the satisfaction of the City Engineer. Provisions for overflow surface drainage shall be designed to the satisfaction of the City Engineer. Resolution No. 8145 (1993 Series) Tract 2126 Page 3 5. All proposed public mains and services, in the intersection of Stoneridge and Bluerock, shall be constructed outside the island and cistern structure within the street pavement area. 6. The City shall not maintain or replace any special or decorative pavements. The Homeowners' Association shall be responsible for all special.or decorative pavement maintenance and replacement (around proposed cistern & PD homes - must be noted in the CC &R's). The City shall not maintain any portion of the proposed cistern or building. 7. All lots shall be served with individual water, sewer, gas, electric, telephone and cable TV services to the satisfaction of the City Engineer. 8. All water services shall be sized to accommodate both the domestic needs and fire sprinkler requirements with regards to water pressure, to the satisfaction of the Utilities Engineer and Fire Department. 9. Final alignment and grade of all proposed public water mains, sewer mains and storm drains are subject to adjustments to the satisfaction of the City Engineer and Utilities Engineer. 10. All sewer mains shall be terminated with a manhole, to the satisfaction of the City Engineer and Utilities Engineer. 11. All cisterns, drain lines and associated facilities (as shown on the landscape plan) to and from the cisterns are to be privately owned and maintained by the Homeowners' Association. An overflow system must be provided, to the satisfaction of the City Engineer. 12. The drainage pipe along the northerly tract boundary must be accessible by City crews (public easement, access gates, etc...), to the satisfaction of the City Engineer. A plan for access shall be submitted to the City Engineer prior to the approval of the subdivision improvement drawings. Pipe size and provisions for overflow must be accommodated to the satisfaction of the City Engineer. Catch basins in each lot shall be maintained by each lot owner. 13. The subdivider shall pay a pro -rata share (25 %) towards the cost of installation of a new traffic signal along Broad Street in the near vicinity of the project as determined by the City Engineer and Caltrans. Resolution No. 8145 Tract 2126 Page 4 (1993 Series) 14. Prior to recordation of the Final Map, the subdivider shall pay any applicable traffic impact fees, as calculated by the City Engineer. 15. Street trees shal individual homes. with the approved be required upon Species shall be design guidelines. construction of chosen in accordance 16. All boundary monuments, lot corners and centerline intersections, BC's, EC's, etc..., shall 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 computer floppy disk (5- 1/4" diameter), containing the appropriate data for use in Autocad, shall also be submitted to the City Engineer. 17. Rockview Park improvements shall be modified as required to accommodate the relocated water tank access road, to the satisfaction of the Public Works Department (including landscaping, irrigation, etc...). Subdivider shall guarantee and provide maintenance of new or modified landscaping and facilities for one year after acceptance. 18. The City Council shall quitclaim the affected portion.of Rockview Park to accommodate the change in the boundaries of Rockview Park as shown on the tentative tract map. 19. Rockview Park shall either be irrigated from on -site water sources or with reclaimed water from off -site. Specific plans to accommodate this irrigation system shall be to the approval of the Utilities Director and City Engineer. 20. A maintenance and monitoring program shall be prepared outlining measures to assure that the proposed wetland area is installed, established and monitored per the wetlands mitigation program and to the approval of the City and the Department of Fish and Game. An agreement between the City and the developer incorporating the program shall be executed prior to recordation of the final tract map. The agreement shall include how the pipe, pump, float valve, water amount, replantings, removal of invasives, the fence, interpretive displays ad other wetland area components shall be maintained. The agreement shall require the developer to continue to perform maintenance of plantings and the water system, replace dead or dying plants, and provide annual reports regarding the success of the wetland area to the City and DFG for a specified time period of three years after .J Resolution No. 8145 Tract 2126 Page 5 (1993 Series) I3 planting and water system installation. The report shall include photographs of the wetland mitigation site, plant survival statistics, a description of continuing maintenance /monitoring, and new mitigation measures should any aspect(s) of the mitigation fail. 21. Subdivider shall prepare conditions, covenants, and restrictions (CC &R's) to be approved by the City Attorney and Community Development Director prior to final map approval. CC &R's shall contain the following provisions that pertain to all lots: a. Creation of a homeowners' association. b. No parking except in approved, designated spaces. C. Prohibition of storage or other uses which would conflict with the use of garages for parking purposes. d. No outdoor storage of boats, campers, motor homes, or trailers nor long -term storage of inoperable vehicles. e. No change in city- required provisions of the CC &R's without prior City Council approval. f. Homeowners' association shall file with the City Clerk the names and addresses of all officers of the homeowners' association within 15 days of any change in officers of the association. g. Homeowners' association shall be responsible for the maintenance of the drainage swale behind Lots 17 -33 as depicted on Sheet No. 3 of the vesting tentative tract map. h. Grant to the city the right to repair facilities and other improvements if the homeowners' association fails to perform, and to assess the homeowners' association for expenses incurred, and the right of the city to inspect the site at mutually agreed times to assure conditions of CC &R's and final map are being met. 22. CC &R's shall contain specifically to the 56,.59 & 60: a. The homeowners' and provide for all common area the following provisions that pertain -.ourtyard cluster units, Lots 47 through association shall enforce the CC &R's professional, perpetual maintenance of including private driveways, drainage, Resolution No. 8145 Tract 2126 Page 6 (1993 Series) parking lot areas, walls and fences, lighting, and landscaping in a first class condition. b. The homeowners' association shall provide for professional, perpetual maintenance of all common area including the hillside seep water collection system, water cistern and all improvements within the Stoneridge Drive turnaround. C. Grant to the city the right to maintain common area and other identified facilities if the homeowners' association fails to perform, and to assess the homeowners' association for expenses incurred, and the right of the city to inspect the site at mutually agreed times to assure conditions of CC &R's and final map are being met. d. Grant to the city the right to tow away vehicles on a complaint basis which are parked in unauthorized places. e. No outdoor storage by individual units except in designated storage areas. f. Provision of appropriate "no parking" signs and red - curbing along interior roadways as required by the City Fire Department. g. All garages shall be equipped with automatic garage door openers and occupants shall be provided with two remote - control units. 23. The subdivider shall provide a total of eight (8) guest parking spaces within the cluster courtyard component of the project (Lots 47 -56, 59 & 60) to the approval of the Community Development Director. 24. The subdivider shall submit common driveway agreements, including maintenance provisions, to the approval of the Community Development Director for all common driveways affecting Lots 14 -21 at the time of final map approval. 25. Individual lot development shall occur in accordance with the adopted design guidelines. Any necessary changes to the design guidelines to recognize conditions imposed upon by the tract map, including specific review of.building colors for Lots 17 -33 (using darker.shades of color palette approved by the ARC), shall be to the approval of the Community Development Director. Ca Resolution No. 8145 (1993 Series) Tract 2126 Page 7 26. Outlines of the approved building envelopes for Lots 1 -17 shall be shown on the final development plan with a cross reference to the precise building envelopes and setbacks on the approved development plan exhibit boards 1 -8 stored in the Community Development Department. No homes, decks over 8 feet in height, garages, pools or accessory buildings may be constructed outside of approved building envelopes. 27. Required tree screening shall be installed behind Lots 1 -17 as part of subdivision improvements to the approval of the Community Development Director. Trees shall be planted so that they do not interfere with the rear lot storm drainage system to the satisfaction of the City Engineer. Provisions for on -going maintenance of trees by the developer until individual sale of lots shall be made. The developer shall be responsible for replacing dead trees on unsold lots. 28. The subdivider shall submit a detailed geotechnical investigation and soils engineering report analyzing existing conditions on the site and proposed grading operations. Said investigation and report shall be to the approval of the City Engineer and shall be submitted with the final map. All improvement plans for the tract and grading for individual development of lots shall comply with the recommendations of the report. 29. Individual soils reports shall be required for all lots with an average cross slope in excess of 20%. A document shall be recorded prior to final map approval disclosing this requirement. 30. All units shall be numbered in accordance with an addressing plan approved by the Community Development Director. 31. Pursuant to Government Code Section 66474.9 (b), the subdivider shall defend, indemnify and hold the harmless the City and /or its agents, officers and employees from any claim, action or proceeding against the City and /or its agents, officers or employees to attack, set aside, void or annul, the approval by the City of this subdivision, Tract No. 188 -92 (County Tract No. 2126), and all actions relating thereto, including but not limited to environmental review, and action taken pursuant to Section 66462.5 of the Subdivision Map Act to implement Condition No. 4 hereof. 32. An approved water supply capable of supplying the required fire -flow for fire protection shall be provided to all premises. Water services to Lots 14 -33, and possibly others, may require minimum 1 -1/2 -inch meters to reduce Resolution No. 8145 (1993 Series) Tract 2126 Page 8 pressure losses for residential fire sprinkler design. The minimum sizes shall be provided unless hydraulic calculations are provided which indicate lesser sizing is determined acceptable. 33. All structures shall be equipped with NFPA 13 -D residential automatic fire sprinkler systems. The provision of individual fire sprinkler booster pumps may be required on Lots 14 -33, and possibly others, to provide minimum pressure, depending upon height and configuration. For disclosure purposes, a document shall be recorded for lots requiring booster pumps to the satisfaction of the City Engineer and Utilities Director. 34. All buildings, as well as the park area, Edna Saddle water tank, and the open space easement, shall be accessible to Fire Department apparatus by way of access roadways meeting the requirements of the San Luis Obispo Fire Department Development Guidelines. 35. Proposed water main size within the common access and utility easement giving access to lots 47 through 60 shall be sized in conformance with City Public Works Standards. A fire hydrant is required to be installed on this private common access easement to meet requirements of hydrant spacing as specified in the San Luis Obispo Fire Department Development Guidelines. 36. All structures shall be provide with approved numbers (addresses) in such a position as to be plainly visible and legible from the street fronting the property. Lettering shall be a minimum of 5" high on a contrasting background. Common driveways shall have separate street names or be otherwise identified to avoid possible confusion during Fire Department response to emergency situations. On motion of Council Member Rappa seconded by Council Member Romero , and on the following roll call vote: AYES: Council Members Rappa, Romero, Roalman, Settle, and Mayor Pinard NOES: None ABSENT: None Resolution No. 8145 (1993-Series) Tract 2126 Page 9 the foregoing resolution was passed and adopted this 6th day of April 1993. Mayor pej Pinard ATTEST: Qitk Clerk Dian R. Gladwell APPROVED: 000/ i CAt_ i Admin' tra ive Offi r I� W z O Q A Q ~ U = a F Q z Z a W G4 h h N C O .y as b 0 Q � o� d 6 o� I� W.. Fr, u Gn i va r+ w F" V! ao �v a� � c c ,o o� e� W� +• a VJ °0w 1 -3 i W i =d 1 a, U O O Es 0 .c yoCd •� C h � Gar ^ ° S 3 o d aUV m •a S. O >, U y o"a > y O,y6E0w o„c2'tioE aoyv��Om MEEit y n. cc .y�Uo� U 3OVr� toy.a.::v.° 0! c0 tw>% C d X U U Y cd d v 55 O y .yam �' �•+ ^� aE os �a0c > >co�v`o •cr. cz cc d•>�o gmv°' � a °9 z c� 96 S bb m� ca 4! Syr cc MM O 'Oa0 >�y'�¢ a. 54�Ay O t U cw CCI y iQ 1. • Q ~ W w U ra.. U Q. U co O y=U y a c U EA cd ��i •.Qr @ .°Yi i • 0. 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U N = w c U r ° � h C U U �b � c U. r > Cd Aay 1 -5 -0ts ca U ca 0 V ° a. a w '7 O pr C w O gw U O bo S v •v 0 N 7 V .b C C6 E U cC .r •� 3 h U h U Q � h 0 C � w p .^ O � O u a cz �w di C rr. •tyC cz v U b y EA c0 y cc w U a9ynS s > O rn � 3 LV U Cc w a.os U O aA O C rA o > � W U N M h u - w U U y yc� 9" ,y .y Cd S S Cd y „ to W A �C- h F•( 7 � Q � � y Q =_E @ eC C U O.� U w 4i VJ . W2 %L Tw Ta y 0-9 r. a F� W Ua �3•�a�i oh3 JW d L xco 0. 4) CZ CA cis Z CL to 4.• r\ IG O.0 A V 121 E y Vi = •h C 4.n F � L� � E� ep,= 3 � a �n'v •� u m py. ..,.. m.� = fl 8 U cis � w y c O y ►•M Q/ 1-6 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: ■ The rear lot setbacks for Lots 1 -17 shall be 25 feet. ■ 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. C) 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). �� tC�� C � �- �� ���� ' � �� a��z\ �c� C� RESOLUTION NO.8144 (1993 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT FOR SHARING THE COST OF ELECTRICAL FACILITIES ON STATE HIGHWAYS IN THE CITY AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO SIGN AGREEMENT BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: WHEREAS, the State of California, through its Department of Transportation has presented an Agreement for sharing cost of State highway electrical facilities with the City of San Luis Obispo effective January 1, 1993, and to remain in effect until amended or terminated. WHEREAS, the City Council has read said Agreement in full and is familiar with the contents thereof: WHEREAS, the City Council recognizes that this Agreement is routine and falls within the responsibility of the Department of Public Works; THEREFORE, be it resolved by the City Council of the City of San Luis Obispo that: (1) said Agreement for Sharing Cost of STATE highway electrical facilities within the City of San Luis Obispo is hereby approved and the Public Works Director is authorized to sign the same on behalf of said CITY; and (2) The Director of the Department of Public Works is authorized to sign future amendments of said Agreement. Council Council On motion of Mbr. Rappa ,seconded by Member Romero , and on the following roll call vote: AYES: Council Members Rappa, Romero, Roalman, Settle, and Mayor Pinard NOES: None ABSENT: None the foregoing Resolution was passed and adopted, this Elh day of April , 1993. ATTEST: Mayo Peg Pinard C Clerk Dia e la ell R -8144 (A- 31- 93 -CC) JA RESOLUTION NO. 8143 (1993 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO SIGN AGREEMENT BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: WHEREAS, the State of California, through its Department of Transportation has presented an Agreement for Maintenance of the STATE highways in the CITY of San Luis Obispo, effective as of January 1, 1993, and to remain in effect until amended or terminated. WHEREAS, the City Council has read said Agreement in full and is familiar with the contents thereof: WHEREAS, the City Council recognizes that this Agreement is routine and falls within the responsibility of the Department of Public Works; THEREFORE, be it resolved by the City Council of the City of San Luis Obispo that: (1) said Agreement for Maintenance of the STATE highways in the CITY is hereby approved and the Public Works Director is authorized to sign the same on behalf of said CITY; and (2) The Director of the Department of Public Works is authorized to sign future amendments of said Agreement. Council Council On motion of Mbr. Rappa ,seconded by Mbr. Romero , and on the following roll call vote: AYES: Council Members Rappa; Romero, Roalman, Settle, and Mayor Pinard NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 6th day of April , 1993. n Mayor Id Pinard ATTEST: 1 /iL l r, •/, /ar J mss.. ' •R -8143 (A= 30- 93 -CQ) t l� � �1'' �'''``1 ry� � � �;.� �, y `:.J �' ��a- -� (1?' a �� �� rJ RESOLUTION N0.8142 (1993 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP FOR TRACT NO. 2059 (Arnold and Diana Volny, Subdividers) . WHEREAS, the City Council made certain findings concerning Tract 2059 as contained in Resolution No. 6964 (1991 Series), and WHEREAS, all conditions required per Resolution No. 6964 (1991 Series) of said Tract No. 2059 have been met. WHEREAS, the final map is in substantial conformance with the approved tentative map. NOW THEREFORE BE IT RESOLVED that final map approval is hereby granted for Tract No. 2059 approving 6 airspace condominium units. On motion of Council Member Rappa , seconded by Council. Member Romero and on the following roll call vote: AYES: Council Members Rappa, Romero, Roalman, Settle, and Mayor Pinard NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 6th day of April 1993. ATTEST: OTAYOR PEG PINARD s CLERR DI R. GLADWELL APPROVED AS TO FORM: ty to ey R -8142 I ■r Resolution No. 8142 (1993 Series) Page two Community Dev 1 ment Director City E gineer G : \WP.51 \DReview \Misc \Tr- 2059.wp 0 � °�� �vJ`�..� ���� �a�, 4�� a.� � . , -� �- �,,, ,.� � w `c; � i� ��sz' �� RESOLUTION NO. 8141 (1993 series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING THE ECONOMIC STRATEGY TASK FORCE AS AN AD HOC COMMITTEE WHEREAS, the City Council recognizes the need to assemble experts from a wide variety of business professions to address the economic stability of San Luis Obispo; and WHEREAS, the City Council has endorsed the concept of an Economic Strategy Task Force with the goal of implementing a more defined, proactive Economic Stability Program. NOW, THEREFORE, BE IT RESOLVED BY THE SAN LUIS OBISPO CITY COUNCIL that: Section 1. An ad hoc special purpose committee, to be known as the "Economic Strategy Task Force" is established. The members shall be appointed by the City Council in a manner, and for a term of office, determined by the City Council at the time of appointment. Section 2. The Economic Strategy Task Force shall perform the following principal functions: a) To develop recommended economic goals and strategies based upon Council direction. b) Goals and strategies should be completed in the form of a recommendation to Council by June, 1993. c) An evaluation and progress report shall be presented to Council in October 1993. On motion of Council Member Roalman,seconded by Council Member Settle and on the following roll call vote: R -8141 1 Resolution No. 8141 (1993 Series) March 16, 1993 AYES: Council Members Roalman, Settle, Rappa, Romero, and Mayor Pinaid NOES: None ABSENT: None the foregoing.resolution was passed and adopted this 16th day of March, 1993. r Peg Pinard, Mayor ATTEST: �� ! :.' iR M "1, mo 1 " J I/ APPROVED: J LCity Administrative Officer 1 0 - OEM WME 'r-C.- Attomey `y �r��� ��� ��1� �; �� RESOLUTION NO. 8140 (1993 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING TENTATIVE TRACT NO. 2112 LOCATED AT 680 FOOTHILL BOULEVARD BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:. SECTION 1. Findings. That this council, after consideration of the tentative map of Tract 2112 and the Planning Commissionfs recommendations, staff recommendations, and reports thereof, makes the following findings: 1. The massing of the subdivision is not consistent with neighborhood design policies of the General Plan Land Use Element, is not compatible with existing development patterns in the vicinity, and predominantly results from the large size of the proposed dwelling units. 2.. The site is not physically suited for the type and density of development proposed. 3. The design of the subdivision may cause significant adverse environmental effects, and would adversely affect public safety, by increasing traffic congestion and hazards. 4. There is no feasible method to satisfactorily mitigate traffic congestion and hazards, other than disapproval of the proposed project, or approval of the project at a reduced density. 5. Chapter 4.5 of the California Government Code establishes time limits for processing of development projects, which prevent the Council from granting a continuance to consider approval at a reduced density. 6. The proposed project would not comply with Municipal Code Section 17.82.140(H), Condominium Regulations - Energy Conservation. a R -8140 Resolution No. 8140 Tract 2112 Page 2 (1993 Series) �J Y SECTION 2. Denial. The Council therefore resolves to deny without prejudice the tentative.map for proposed Tract 2112. On motion of Council Member Roalman seconded by Council Member Settle , and on the following roll call vote: AYES: Council Members Roalman, Settle, and Mayor Pinard NOES: Council Members Rappa and Romero ABSENT: None the foregoing resolution was passed and adopted this 16th day of March , 1993. ILI Mayor Peg finard ATTEST: Cit erk i ne R. adwell APPROVED: ity A inistrative Officer C�'tYrYc l O CO RESOLUTION NO. 8139 (1993 Series) SUPPORTING THE SAN LUIS OBISPO COUNTY POETRY FESTIVAL WITH FINDINGS OF SPECIAL CIRCUMSTANCES FOR WAIVER OF CONDITIONS FOR THE USE OF THE COMMUNITY ROOM AT THE CITY /COUNTY LIBRARY WHEREAS, the 10th Annual San Luis Obispo County Poetry Festival sponsored by the San Luis Obispo Literacy Council is scheduled to be held in the city of San Luis Obispo on July 23 -25 and July 30- August 1, 1993; and WHEREAS, the festival will be open to the general public free of charge and will include poetry readings, an international exhibition of visual poetry and a book fair featuring the authors and literary presses in our county; and WHEREAS, a nationally recognized poet will be invited to provide a special reading with ticket sales from this event to benefit the San Luis Obispo Literacy Council work to break the cycle of illiteracy in our county. NOW, THEREFORE, BE IT RESOLVED that the City of San Luis Obispo enthusiastically supports the 10th Annual San Luis Obispo County Poetry Festival which provides substantial community benefit in the form of cultural enrichment for city residents and financial support for the non -profit San Luis Obispo Literacy Council; and BE IT FURTHER RESOLVED that the City Council of the City of San Luis Obispo does hereby find that special circumstances of the public interest fund raising of the festival, the hours of the festival and the advanced planning for the festival are sufficient to warrant a waiver of customary conditions for City/County Library Community Room use. On motion of Council Member settle , and seconded by Council Member Romero , and on the following roll call vote:. R -8139 T. Page 2 RESOLUTION NO. 8139(1993 SERIES) ID AYES: Council Members Settle, Romero, Rappa, Roalman, and Mayor Pinard NOES: None ABSENT: None the foregoing resolution was passed and adopted this 16th day of March. , 1993. 1 Mayor Pee Pinard ATTEST: J � 1 W l�A APPROVED: City A 'nistrative Officer dg \arespoet I�C�,� �� �� .:_:_ ,.. , t � � v � RESOLUTION NO 8138(1993 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE MASTER LIST OF HISTORIC RESOURCES TO INCLUDE THE OLD SOUTHERN PACIFIC RAILROAD WATER TOWER, LOCATED AT 1100 IRIS STREET IN THE AREA KNOWN AS RAILROAD SQUARE WHEREAS, in 1983 the City Council adopted Resolution No. 5.197 establishing the "Master List of Historic Resources ", along with procedures for adding properties to the listing; and WHEREAS, on July 6, 1982 the Architectural Review Commission found the retired Southern Pacific Railroad Water Tower to be historically and architecturally significant, and denied a request by Southern Pacific Transportation Company to demolish the structure; and WHEREAS, the City of San Luis Obispo acquired the old Southern Pacific Railroad water tower and a small underlying lot located at 1100 Iris Street, as shown on Exhibit A, from Southern Pacific Transportation Company to preserve and stabilize the structure in its original location; and WHEREAS, on February 22, 1993 the Cultural Heritage Committee reviewed the historical documentation on the water tower, Exhibit C, and nominated the Old Water Tower for inclusion on the Master List of Historic Resources; and WHEREAS, this City Council considered the nomination during a public hearing on March 16, 1993 pursuant to historic preservation guidelines established by Council Resolution No. 6157 (1987 Series); and NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo that based on the Cultural Heritage Committee's recommendation, historical documentation as described in Exhibits B and C, the staff report, and on the City's Historical R -8138 Council Resolution No. 8138(1993 Series) Page 2 Preservation Program Guidelines the following: SECTION. 1. Addition to Master List of Historic Resources. The Old Southern Pacific Railroad Water Tower is hereby added to the Master List of Historic Resources as a Type ##4 property because it meets the following national register criteria: A. It is associated with events that have made a significant contribution to the broad patterns of the City's history. B. It is of symbolic importance to the community, representing the significant role played by the railroad in the growth and development of the City of San Luis Obispo. C. It is a unique and scenic landmark at a major city gateway, associated with a period in the City's history when the San Luis Obispo railroad yard was the main service facility for the steam locomotives travelling the coastal route between Los Angeles and San Francisco. SECTION 2. The Community Development Director is hereby directed to amend the Master List of Historic Resources to include the Old Southern Pacific Railroad Water Tower. On motion of Council Member Settle following roll call vote: seconded by Council Member Romeroand on the AYES: Council Members Settle, Romero, Rappa, Roalman, and Mayor Pinard NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 16th day of March, 1993. Council Resolution No. 8138 (1993 Series) Page 3 Mayor Peg #inard ATTEST: APPROVED: P�L� ,e4w, .a"'l John unn, ty Ad mistrative�fficer Attachments: • Exhibit A - Documentation of Historical Significance • Exhibit B - Historic Resources Inventory Z I� R H R- 9 _S ` -O� R-� �v O -PD \ yo bt \ � ,R -2 -S, Y" \ �,�/ I , urnrs -� '\ R-2 R -2 -S ,2G % eel n A S�. . V - r + �O 3 rs s .s \ (t y _ J -13 -R VICINITY 2INP - OLD S.P.R.R. A1.4TER. TO? +'EP. 1100 Tris Street r IT F s c- I ` -O� R-� �v O -PD \ yo bt \ � ,R -2 -S, Y" \ �,�/ I , urnrs -� '\ R-2 R -2 -S ,2G % eel n A S�. . V - r + �O 3 rs s .s \ (t y _ J -13 -R VICINITY 2INP - OLD S.P.R.R. A1.4TER. TO? +'EP. 1100 Tris Street r IT F DOCUMENTATION OF HISTORICAL SIGNIFICANCE The purpose of this evaluation sheet is to document the reasons why properties recommended for inclusion on the San Luis Obispo Master List of Historical Resources are in fact historically significant. Specific criteria for "national register consideration" should be identified for all recommended type #4 properties. Property Address: 1100 Iris Street (nearest street address to water tower). Property Use: Former railroad water tower, no longer used for water storage. Recommended Numeric Ranking: 4 ARCHITECTURAL FACTORS: 1. Style: Is the structure an excellent example of a distinctive architectural style? (An excellent example is a building where the style has not been altered by the introduction of conflicting architectural elements.) X Yes No The massive timber tower supports, tongue and groove box car roof- ing and metal tank typify turn of the century railroad construction. Is the structure an example of an architectural style seldom seen in San Luis Obispo? X Yes No Built in 1940,.the water tower is only such structure in San Luis Obispo and one of only four water towers remaining in their original 2. Design: location in California. Does the structure have significant aesthetic appeal because of demonstrated craftsmanship, use of detailing and execution of style? X Yes No (see above) Does the structure incorporate unique details or architectural features seldom seen in San Luis Obispo? x Yes No (see above) Was the structure designed by a master architect such as Frank Lloyd Wright? Yes X No (If yes, name person �C Page 2 -- Documentation of Historical Significance 3. Significance of Building Designer Was the structure designed by a person who made significant contributions tot he state or region such as Julia Morgan? Yes X No (If yes, name person Was the structure designed by an architect who, in terms of craftsmanship, made significant contributions to San Luis Obispo? Yes -_ No (If yes, name person Was the structure designed by a "pioneer" architect in the city or county? Yes X No (If yes, name person 4. Landmarks Does the structure have a symbolic importance to the community or is it a notable community or neighborhood landmark? (see attached Historic Resources Survey) X Yes' No HISTORICAL FACTORS: 1. Residents or Tenants Was the structure occupied by a significant community leader -- eg. mayor or congressman? Yes X No (If yes, name person Was the structure occupied by a community or public servant who made early, unique or outstanding contributions to important local affairs? _ Yes X No (If yes, name person Was the structure occupied by a person with fame or outstanding recognition at the local, regional, state or national level? Yes x No (If yes, name Page 3 - Documentation of Historical Significance J: Was the structure occupied by a person or persons (eg. families) that made important contributions to the community? Yes X No (If yes, .name person(s) Was the structured by a business or public agency that made significant contributions to the historical development of the community? X Yes No (If yes, identify business Southern Pacific Railroad.) 2. Historical Events Was the structure or site involved in a landmark, famous, or first -of- its -kind event? Yes X No (If yes, identify event ) Did the structure or site make unique or interesting contributions to the history of the city (eg. the Chinese - American cultural activities)? Yes X No 3. Historical Context Was the structure directly associated with early, first, or major patterns of local history (eg. the County Museum)? Growth and development of San Luis Obispo centered around and /or dependent on the expansion of the railroad in town. X Yes No Was the structure directly associated with secondary patterns of local history? Yes X No Does the structure occupy its original site? X Yes No Prepared By: Jeff Hook, Secretary to the Cultural Heritage Committee Date: March 3, 1993 State of Catifomia —The Resour• 19e, DEPARTMENT OF PARKS AND F EA..JN HISTORIC RESOURCES INVENTORY IDENTIFICATION 1, Common name: 2 Historic name: se- No. SHL No. NR Status ! HABS HAER_Lc _ _ : C UTM: A B 0 R o Wa Tow S T T.T -t Tank Pacific for 65„000 gal. Stee 3. Street or rural address: ll00 Iris Street _ Ci San Luis Obispo Zip 93�— County San Luis Obispo 4. Parcel number`. o03-57 — 5. Present Owner: City of San Luis Obispo Address: 990 Palm St. City San Luis Obispo Zip 93403 Ownership is; Public � ry �Prate �— g. Present Use: Unused Original use Water stora a for steam locomotives DESCRIPTION welded steel plate tank 7a. Architectural style: Timber on concrete foundation; earance of the site or structure and describe any major alterations from its 7b. Briefly describe the present physical app original condition: wa from. its original construction. The. old S.P. Water Tower stands in its or location adjacent to the railroad passenger station; it has not been modified in any Y The present condition reflects a lack of use and lack of maintenance since the .late in 1950's. The concrete foundation tistin m nforcing1steel. The timbera tower aissin the material that may penetrate g ood condition but has developed numerous cracks S�drepairsinuoneolocation. The its construction in 1940; there is evidence of p a of the steel plate used in the tank is present tank has lost most of its - roofing materials; although the main structural members are present. Rust and pitting lace although the indica- throughout; there is dried mud and some wood debris inside the tank. The indicator board, used he show ng marker)lhaslbeenllost. The site is undisturbed from its for plate (the sliding grown up into contact original condition except for the growth of trees which have An adjacent with the structure. Several large and picturesque p g railroad warehouse building also cononebhundredttwentyt (120)sfeetnunderlyingnthear parcel, approximately sixty (60) by — tower is owned_by the City. ...• 8. Construction date: Factual 1940 Estimated-- g, Architect ^T a built from — stock , plans_of railroad (tank); tower designed by SP 10. Builder railroad rifir 11. APprox• property size (in feet) Frontage _12D, Depth-Iiii or approx: acreage. •? 12. Date(s) of enclosed photographs "4 r October S 1988 F 36 Ex it DPR 523 (Rev. 11/85) 13. Condition: Excellent _Goon _ Fair_ Deteriorated -; No lone existence 14. Alterations: None 15. Surroundings; (Check more than one if necessary) Open land _Scattered buildings t Densely built -up _ Residential X Industrial X Commercial Other: Residential on east: part of railroad station 18. Threats to site: None known _Private development Zoning Vandalism X Public Works project Other: Continued deterioration /weathering 17. Is the structure: On its original site? yes Moved? Unknown? 18. Related features: Railroad warehouse (outbuilding) and large palm trees; active station nearby SIGNIFICANCE 14. Briefly state historical and /or architectural importance (include dates, events, and persons associated with the site.) The old S.P. Railroad Water Tower in San Luis Obispo is only one of two or three remaining in the historically significant former Coast Division., that extended 'from San .dose to LOS Angeles (now a part of the Sacramento Division). It was one of the fixed objects that it took to support the use of steam locomotives throughout the rail system. It was built in late 1940 when ten (10) passenger trains a day traversed the coast route. It was built near the station to expedite the process of filling the steam engines whle.at the same time passengers were boarding. The tank was built from standard plans that the railroad kept; this design was developed in 1904 and revised in 1945. The timber tower was designed separately for intended use in Santa Barbara, however notes on the original plans say that it was never built there. The tower plans show.it was designed in 1939, revised in 1940 for San Luis Obispo. It remained in use until 1956. It was later used to supply water to Amtrak (passenger) trains for use in their steam radiators (space heating). It was also used to supplement on -site fire fighting capabilities. In its original location and.un- alterred appearance, and as part of an active railroad station property, this tower %tank is .a strong visual backdrop. The entire setting appears as a historic vignette. 20. Main theme of the historic resource: (If more than one is checked, number in order of importance.) Architecture 3 Arts & Leisure Economic/Industrial 1 Exploration/Serdement 2 Government _ Military Religion Social/Education 21. Sources (List books, documents, surveys, personal interviews andtheirdates). Records of Southern Pacific; Robert Vessely, RCE (1987): "Railroad (dater Tower Rehabilitation Study ". 22. Date form prep By (name) — City Phone: Obispo, 990 Palm Zip 93403 Locational sketch map (draw and label site and . surrounding streets, roads, and prominent landmarks): 3 The appearance of the railroad water tower in 1988 is very much the same as it was when completed in late 1940. It is located in its original position adjacent to the railroad station property which still serves as San Luis Obispo's train depot. Changes from its original appearance are primarily due to its age and lack of maintenance. The roof has partially collapsed, some of the tower members are warped or cracked, the tank lacks paint and the indicator plate is missing. The tank was originally proposed as a means of saving time during train stops in San Luis Obispo. The steam locomotives in use on the coast route at that time had to stop twice in San Luis Obispo -- once at the station for passengers and again at the roundhouse a little farther down the tracks to take on water. Installation of the 65,000 gallon steel storage tank near the station allowed the trains to take on water at the same time - a - s passenger loading. The tank remained in service until 1956 when the last of the stem engines was decommissioned. The City of San Luis Obispo, the current owner of the structure and site, commissioned an engineering survey of the structure in 1987. Original construction documents Were. obtained with the cooperation of Southern Pacific. From these drawings it is apparent that the tank was built from a set of standard plans that Southern Pacific used from which almost anything in their system could be built. However, the tower which supports the tank was built from plans drawn originally for use in Santa Barbara but later used here. Field measurements were taken during the survey to verify plan dimensions. The tank is twenty -four (24) feet in diameter and twenty (20) feet high, constructed of one - quarter (1/4) inch steel plates riveted together. The bottom of the tank is of the - same steel plate supported by six (6) inch steel joists spaced at eighteen (18) inches on center. The joists rest on twelve (12) inch steel beams which run around the perimeter of the tank forming an octagon with two beams across the center of the tank perpendicular to the joists. The roof is a simple wood frame of two by six (2 x 6) inch lumber bolted to the top rim of the tank. The roof covering is shown on the original plans to be tongue and groove "car roofing ". The standard plans for this tank show a twelve (12) inch diameter spout attached to the side of the tank with an outlet and. valve at the base. Since this tank was located too far from the tracks for the trains to be watered directly from an attached spout, the spout was left off and a sixteen (16) inch diameter service pipe was run from the bottom of the tank to trackside. The indicator plate, a horizontal marker that. slid up and down the indicator board to show the water level inside the tank, is missing today. However, the board is in its original position. There is no evidence that the name "San Luis Obispo" was ever painted on the tank. The tower which supports the tank consists of twelve (12), ten by ten (10 x 10) inch posts with four by eight (4 x 8) inch cross- braces. The tower has a concrete foundation consisting of an eighteen (18) inch thick slab with a square concrete pier under each post. The plans show the piers to be thirty (30) inches square at the base tapering to twenty -four (24) inches square at about two feet above the slab; the actual construction differs in that the piers do not taper. The tower members are attached to steel base plates with three- quarter (3/4) inch bolts and the plates are attached to the concrete piers by means of anchor bolts. The plans show that all timbers were to be "Burnettized ". In Steel and Timber Structures (Hoot and Kinne, 1924) this process is described as a preservation treatment of lumber with zinc chloride injected under pressure. Since this material is water soluble it probably has been entirely lost due to rain over the years. The cross braces were noted to be connected to the posts by means of bolts with "toothed ring connectors ". Simplified Design of Roof Trusses (Parker, 1941) notes that these were even then an obsolete version of a split ring connector; now commonly used in heavy timber construction to increase the capacity of a bolted connection. HT-031T i In California's historically significant Coast Division railroad water towers were a relatively short - lived, but essential part of the fixed "objects" that it took to support the rolling stock of the rails. The power of these physical objects in recalling the history of the rails is disproportionate to their actual numbers. Where they have survived, railroad water towers provide a strong visual image uniquely associated with railroads. Railroad water towers are part architecture, part equipment. In the landscape their appearance is always a reminder or guidepost to the unseen hundreds of miles of rails that lay on the land. Together with a few remaining old stations and roundhouses, railroad water towers tell us about a mode of transportation, powered virtually since its inception by steam engines that was dependent on reliable water storage nearby. The Coast Division was once the lifeline of the railroad system in California, built in spite of ,numerous seemingly impassable topographic features, such as Cuesta Grade in San Luis Obispo County. For many years segments of the coast rails existed as fragments until labor gangs and the promise of profits forged the complete system. In the Coast Division (which became the Western Division in 1964, and now is part of the Sacramento Division) there are only two or three water towers /tanks remaining. Except in San Luis Obispo, they have had inappropriate modifications or survive in neglect with no restoration plans; the rest have been systematically demolished by the railroad for safety or liability reasons. The water tower was only a part of the raw material supply system for the steam locomotives. Often unseen, off -site, was a railroad- operated water treatment plant where the local water source was processed to remove suspended solids, minerals and salts prior to use.. Without such filtration and chemical treatment, there would have been an. eventual •build up and fouling of the boilers used in the locomotives. This water tower shares a common history with many others, now gone. But it has a unique history too. Unlike most others which were torn down or moved following their obsolesence, this tower and tank went on to serve two other uses. It held water for the space heating system (radiators) used in diesel passenger locomotives used until recently. in Amtrak passenger cars (now replaced with an all - electric system). The tank was also used for supplemental fire protection at the'San Luis Obispo station, connected to on -site hydrants in addition to the municipal system. The water tower in San Luis Obispo is centrally located in the state, promeniently visible to the public as part of an active station, and well loved in the local community and among railroad enthusiasts. It has the greatest, realizable potential for being restored and conserved becuase: 1) City Ownership - It is owned by the City of San Luis Obispo which rejected a demolition request by the railroad in 1982; 2) Authentic Setting - It is a part of an active railroad property, adjacent to the newly refurbished station in daily use; 3) Modest Cost - The costs of restoration are modest, and if undertaken now would preclude further deterioration or structural failure; 4) Ready to Implement - The city has completed a full engineering survey, prepared a restoration program and all plans necessary for impleme - allIBIT 22 -;jV o 0 1 J' RESOLUTION NO. 8137 (1993 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S ACTION GRANTING A MITIGATED NEGATIVE DECLARATION AND APPROVING NEW OFFICES AT 1026, 1028, 1038 AND 1042 PALM STREET, (ARC 129 -92). BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That this council, after consideration of the appeal, public testimony, Cultural Heritage Committee comments, the Architecture Review Commission's action on February 1, 1993 granting a mitigated negative declaration and approving two new office buildings at 1026, 1028, 1038 and 1042 Palm Street (ER 129- 92, ARC 129 -92) and staff recommendations and reports thereon, makes the following findings: 1. The proposed project is consistent with the prevailing architectural character of the government center area in-terms of building scale, massing, and architectural design. 2. The proposed project is consistent with the general plan, Architectural Review Guidelines, and with the Historic Preservation Program Guidelines. 3. The proposed additions, exterior alterations, or related new construction will not destroy or significantly detract from historic elements of the property at 1026 Palm Street, and new work is not sufficiently differentiated from the existing building to protect its architectural integrity or character. 4. The proposed project complies with the requirements of the City's Environmental Guidelines and the California Environmental Quality Act. SECTION 2. Environmental Determination. The City Council hereby affirms the Architectural Review Commission's action granting a Negative Declaration subject to the following mitigation measures R -8137 Council Resolution No. 8137 (1993 Series) Page 2 being included in the project: 1. Mitigation measure #1 of ER 129 -92 shall be modified to require only installation of new sound - proofing glazing or the equivalent (not wall insulation, walls or fencing, or landscaping as recommended in the initial study), to the approval of the Community Development Director, with cost not to exceed $5000 per dwelling unit. 2. The applicant shall notify adjacent property owners of the program in writing, and provide the City with verification of compliance with this mitigation measure prior to construction permit issuance. 3. Prior to release of final occupancy by the City, the Developer shall submit a monitoring report prepared by a qualified professional which documents compliance with the noise mitigation measures. 4. The Community Development Director may at any time modify, add, or delete mitigation measures if the above mitigation measures are determined to be ineffective or physically infeasible. Such changes shall be limited to measures which would meet the intent of the original mitigation. SECTION 3. Final Architectural Approval. The City Council hereby upholds the Architectural Review Commission's action granting final approval to demolition of four structures and the construction of two new office buildings as shown in architectural plans approved on' February 1, .1993 and on file in the Community Development Department. On motion of Council Member Romero seconded by Council Member Rappa , and on the following roll call vote: AYES: Council Members Romero, Rappa, Roalman, and Settle NOES: Mayor Pinard ABSENT: None Council Resolution No. 8137 (1993 Series) Page 3 the foregoing resolution was passed and adopted this of March , 1993. l May Peg Pinard ATTEST: PA, 204&1L � O ! G .�. ���� Gladwell; , i Clerk APPROVED: City Community nistrative officer opment Director 2nd day � � f4-7 kot. a1w. -16"Af �AOOV Cy\ 31IV143 *0 A,AIS4 - ,�k � *qow� RESOLUTION NO. 8136 (1993 Series) A RESOLUTION THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING TENTATIVE TRACT NO. 2112 LOCATED AT 680 FOOTHILL BOULEVARD BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this cuncil, after conside tion of the tentative map of Tract-'-2112 and the Planning Commission's ecommendations, staff recommendations, and reports thereof, makes the ollowing fi�-i'dings: 1. The design of the s d'i<vision is not consistent with neighborhood design / o i ies of the General Plan Land Use Element. 2. The site is of develop 3. The deli env ir' nn harz"ards . of physically suited for the type and density ent allowed in the R -4 zone `ice of the subdivision may cause sig al effects by increasing traffic SECTION 2. Denial. The Council therefore resolves the tentative map for proposed Tract 2112. adverse on and deny On motion of Council Member Roalman seconded by Council Member Settle' and on , the following roll call vote: AYES: Council Members Roalman, Settle and Mayor Pinard NOES: Council Members Rappa and Romero ABSENT: None the foregoing resolution was passed and adopted this 2nd day of March , 1993. Resolution No. 8136 (1993 Series) Tract 2112 Page. 2 � � Get ATTEST: Mayor &g Pinard / • A Cis lerk Diarg Gladwell APPROVED: City Ad 'nistrative Officer oIj r RESOLUTION NO. 8135 (1993 SERIES) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL AMENDING THE WATER & WASTEWATER MANAGEMENT ELEMENT BY ADDING A RELIABILITY RESERVE The City .Council resolves as follows: SECTION 1. Findings. A. The Planning Commission and the City Council have held public hearings on the proposed amendment in accordance with the California Government Code; and B. The amendment maintains general plan internal consistency and promotes the public health, safety, and welfare. SECTION 2. Environmental determination. The Council determines that the proposed amendment is not a project for purposes of environmental review, since it has no potential for physical environmental changes. SECTION 3. Adoption. The general plan Water & Wastewater Management Element is amended as fully contained in the attached Exhibit A (text) and Exhibit B (illustration). The Community Development Director shall cause the change to be reflected in the documents published by the city. Mayor Council Member On motion of Pinard seconded by Settle and on the following roll call vote: AYES: Mayor Pinard, Council Members Settle, Rappa, Roalman, and Romero NOES: None ABSENT: None the foregoing resolution was passed and adopted this 2nd day of March 1993. Mayor Pey Pinard ATTEST: o'Ap, mor, 9 , z r I 17AO I "RIA WIN MEMMON "I" R -8135 Resolution No. 8135 Page 2 APPROVED: r City Ad inistrative Officer (1993 Series) LJ -►emsA Community De Ipment Director An�c�� ities Director GMAWTRELAES EXHIBIT A AMENDMENT TO THE WATER & WASTEWATER MANAGEMENT ELEMENT (GP 9 -93) Proiected Water Reauiremen Water demand is expressed as the number of acre -feet per year which the city should be prepared to deliver for all desired uses. Based on historical water -use measurements, the city assumes that water use will be 0.2 acre -foot per person per year. In other words, one acre -foot will meet the needs of five city residents plus all nonresidential uses (such as businesses, parks, and schools) if the relationship between resident population and other uses remains about the same as in recent years. Using these assumptions, and population projections derived from the Land Use Element, Figure 6 shows city water needs to the year 2015. This figure includes an allowance of up to 150 acre -feet per year for Cuesta College. It also reflects the additional water needed to compensate for gradually reduced yield of existing reservoirs due to siltation. If San Luis Obispo grows as outlined in the Land Use Element, the city will need about 12,000 acre -feet per year when the development capacity is fully used, about the year 2015 (about 4,300 acre -feet more than the 1993 safe yield). In pursuing supplemental water supplies, the city will seek an additional 2,000 acre -feet, or a total increment of about 6,300 acre -feet. This "reliability reserve" is intended to help meet any shortfall due to an existing or proposed source not being able to deliver the anticipated amount of water. The reserve also would cover unforeseen increases in the usage rates, on which projections of future need are based. The reliability reserve will not be a basis for planning additional development capacity. This reserve cannot be used other than as a reserve, unless approved by a vote of the city electorate. The City Council will consider the cost of obtaining this reserve before committing to any reserve project. As Figure 6 shows, during the early 1990's; the city's safe yield of supplies is below normal usage levels. At other times, the city may have more than enough water. The actual dates when supplemental water will be available and the total quantities to be available cannot be predicted with certainty. If supplemental water is not available or if droughts occur, the city will have to manage water demand so requirements do not reach the level projected in the graph. GMAWTREL.LEG EXHIBIT B (A w of a CL 0 ds 1 a , L En En Z w CY i W LL (Z' F LW r w F- W a EXHIBIT B So O d F Q z a a c� U O x vi Q z Q 1 C.. l� t J m ep w d is 7 v C C (n c. h W. W a rn a a a J 0 N 0 0 N v� 0 0 N I in �S N O 00 �O et N (l eaC /�aa } -aiae 0001) S3I'Iddf1S QNd SlNallaxIfiba2d 2i3.L`dkk k-LID Q3.LJ3fo -dd 13 fs Q a , i + F F Q 'Z z O � I Q z I v Z k I 1 Z i \ So O d F Q z a a c� U O x vi Q z Q 1 C.. l� t J m ep w d is 7 v C C (n c. h W. W a rn a a a J 0 N 0 0 N v� 0 0 N I in �S N O 00 �O et N (l eaC /�aa } -aiae 0001) S3I'Iddf1S QNd SlNallaxIfiba2d 2i3.L`dkk k-LID Q3.LJ3fo -dd 13 >v -X V17) �J RESOLUTION NO. 8134 (1993 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL FROM THE ACTION OF THE PLANNING COMMISSION TO DENY APPLICATION NO. GP /R 14,54, A PROPOSAL TO AMEND THE GENERAL PLAN LAND USE MAP DESIGNATION AND REZONE A PORTION OF THE PROPERTY LOCATED AT 761 ORCUTT ROAD ( ORCUTT I REZONING) FROM SERVICE COMMERCIAL /LIGHT INDUSTRIAL TO MEDIUM DENSITY RESIDENTIAL WHEREAS, the Planning commission conducted a .public hearing on application No. GP /R 1454 September 26, 1990, and denied the application; and WHEREAS, the applicant has appealed that decision to the City council; and WHEREAS, the City Council has conducted public hearings on November 7, 1991, February 5, 1991, and March 2, 1993, and has considered the testimony and statements of the applicant, and other interested parties, and the records of the Planning Commission hearing and action, and the evaluation and recommendation of staff; NOW, THEREFORE, the council resolves to deny the appeal and deny application No. GP /R 1454 based on the following findings: SECTION 1. Findings 1. The proposed General Plan land use designation and zoning classification are not compatible with the surrounding area. 2. There is a need to provide for growth of commercial development within the city limits. 3. The proposed amendments do not follow the city's policy of infill development of commercial and light - industrial districts designated on the land use element map. On motion of Council Member Roalman seconded by Council Member Rappa following roll call vote: , and on the R -8134 Resolution No. 8134(1993 Series) Page 2 AYES: Council Members Roalman, Rappa and Romero NOES: Council Member Settle and Mayor Pinard ABSENT: None the foregoing resolution was passed and adopted this 2nd day of March , 1993. e�e-et Mayor PegyPinard ATTEST: CinVClerk Diane Vadwell APPROVED: City A ministrative Officer C �� . �� � ���' �� �\6 RESOLUTION NO. 8133 (1993 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE APPLICATION FOR FUNDS FOR THE TRANSPORTATION ENHANCEMENT ACTIVITIES PROGRAM UNDER THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991 FOR THE HISTORIC RAILROAD WATER TOWER RESTORATION PROJECT WHEREAS, the United States Congress has enacted the Intermodal Surface Transportation Efficiency Act of 1991, which is intended to provide over $200 million in federal dollars over a 6 year period as matching funds to local, state and federal agencies and non - profit entities for transportation enhancement activities, and WHEREAS, the Department of Transportation has established the procedures and criteria for reviewing proposals and is required to submit to the California Transportation Commission a list of recommended projects from which the recipients will be selected; and WHEREAS, said procedures and criteria established by the California Department of Transportation resolution certifying the approval of application by the applicants governing body before submission of said application to the California Transportation Commission and the State of California; and WHEREAS, the application contains assurances that the applicant must comply with; and WHEREAS, the applicant, if selected,. will enter into an agreement with the State of California to carry out the transportation enhancement activities project. NOW THEREFORE BE IT RESOLVED BY the Council of the City of San Luis Obispo, California the following: 1. Approves the filing of an application for the Transportation Enhancement Activities Program for consideration of funding. 2. Estimates that the total cost of the project is $51,000. The City will commit to using local fund to support a minimum of 12% of the total project cost. 3. Certifies that the City of San Luis Obispo will make adequate provisions for the operation and maintenance of the project. 4. Appoints John Dunn, City Administrative Officer as agent of the City of San Luis Obispo to conduct all negotiations, execute and submit all documents, including but not limited to application, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. 1 01 o0 I �I Page 2 -- Resolution No. 8133 (1993 Series) Uponmotionof council Member Settle ,secondedby Council Member Romero and on the following roll call vote:. AYES: Council Members Settle, Romero, Rappa, Roalman and Mayor Pinard NOES: None ABSENT: None the foregoing resolution was adopted this 2nd day of March, 1993 Mayor Feg Pinard ATTEST Diane la we 1, City Cl&k APPROVED: William Statler, rector of Finance Mike McCluskey, Pub c Works Director TS:ts ���� ��� `� . �`�� U �1V�� q � �� RESOLUTION NO. 8132 (1993 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE APPLICATION FOR FUNDS FOR THE TRANSPORTATION ENHANCEMENT ACTIVITIES PROGRAM UNDER THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991 FOR THE DOWNTOWN BICYCLE PARKING PROGRAM WHEREAS, the United States Congress has enacted the Intermodal Surface Transportation Efficiency Act of 1991, which is intended to provide over $200 million in federal dollars over a 6 year period as matching funds to local, state and federal agencies and non - profit entities for transportation enhancement activities, and WHEREAS, the Department of Transportation has established the procedures and criteria for reviewing proposals and is required to submit to the California Transportation Commission a list of recommended projects from which the recipients will be selected; and WHEREAS, said procedures and criteria established by the California Department of Transportation resolution certifying the approval of application by the applicants governing body before submission of said application to the California Transportation Commission and the State of California; and WHEREAS, the application contains assurances that the applicant must comply with; and WHEREAS, the applicant, if selected, will enter into an agreement with the State of California to carry out the transportation enhancement activities project. NOW THEREFORE BE IT RESOLVED BY the Council of the City of San Luis Obispo, California the following: 1. Approves the filing of an application for the Transportation Enhancement Activities Program for consideration of funding. 2. Estimates that the total cost of the project is $30,000. The City will commit to using local fund to support a minimum of 12% of the total project cost. 3. Certifies that the City of San Luis Obispo will make adequate provisions for the operation and maintenance of the project. 4. Appoints John Dunn, City Administrative Officer as agent of the City of San Luis Obispo to conduct all negotiations, execute and submit all documents, including but not limited to application, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. R -8132 Page 2 — Resolution No. 8132 (1993 Series) Uponmotionof Council Member Settle, secondedby Council Member Romero and on the following roll call vote: AYES: Council Members Settle, Romero, Rappa, Roalman and Mayor Pinard NOES: None ABSENT: None the foregoing resolution was adopted this 2nd day of March, 1993 Mayo (/Peg Pinard ATTEST -D!/' _ . /ladwell, City Cleo APPROVED: TS:ts �� 31 0 i RESOLUTION NO. 8131 (1993 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE APPLICATION FOR FUNDS FOR THE TRANSPORTATION ENHANCEMENT ACTIVITIES PROGRAM UNDER THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991 FOR THE RAILROAD CROSSING IMPROVEMENTS WHEREAS, the United States Congress has enacted the Intermodal Surface Transportation Efficiency Act of 1991, which is intended to provide over $200 million in federal dollars over a 6 year period as matching funds to local, state and federal agencies and non - profit entities for transportation enhancement activities, and WHEREAS, the Department of Transportation has established the procedures and criteria for reviewing proposals and is required to submit to the California Transportation Commission a list of recommended projects from which the recipients will be selected; and WHEREAS, said procedures and criteria established by the California Department of Transportation resolution certifying the approval of application by the applicants governing body before submission of said application to the California Transportation Commission and the State of California; and WHEREAS, the application contains assurances that the applicant must comply with; and WHEREAS, the applicant, if selected, will enter into an agreement with the State of California to carry out the transportation enhancement activities project. NOWTHEREFORE BE IT RESOLVED BY the Council of the City of San Luis Obispo, California the following: 1. Approves the filing of an application for the Transportation Enhancement Activities Program for consideration of funding. 2. Estimates that the total cost of the project is $131,000. The City will commit to using local fund to support a minimum of 12% of the total project cost. 3. Certifies that the City of San Luis Obispo will make adequate provisions for the operation and maintenance of the project. 4. Appoints John Dunn, City Administrative Officer as agent of the City of San Luis Obispo to conduct all negotiations, execute and submit all documents, including but not limited to application, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. R -8131 Page 2 -- Resolution No. 8131 (1993 Series): Uponmotionof Council Member Settle ,secondedby Council Member Romero and on the following roll call vote: AYES: Council Members Settle, Romero, Rappa, Roalman and Mayor Pinard NOES: None ABSENT: None the foregoing resolution was adopted this 2nd day of March, 1993 yor Peg Pinard ATTEST Di APPROVED: John D ►nn, City Administrative Officer J William Qtntler hlrfctnr of Finance TS:ts ���� � ���� ���q c _ ,, �l ���M ����� lJ �� I RESOLUTION NO. 8130 (1993 Series). A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE APPLICATION FOR FUNDS FOR THE TRANSPORTATION ENHANCEMENT ACTIVITIES PROGRAM UNDER THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991 FOR THE PHASE I RAILROAD BICYCLE PATH WHEREAS, the United States Congress has enacted the Intermodal Surface Transportation Efficiency Act of 1991, which is intended to provide over $200 million in federal dollars over a 6 year period as matching funds to local, state and federal agencies and non -profit entities for transportation enhancement activities, and WHEREAS, the Department of Transportation has established the procedures and criteria for reviewing proposals and is required to submit to the California Transportation Commission a list of recommended projects from which the recipients will be selected; and WHEREAS, said procedures and criteria established by the California Department of Transportation resolution certifying the approval of application by the applicants governing body before submission of said application to the California Transportation Commission and the State of California; and WHEREAS, the application contains assurances that the applicant must comply with; and WHEREAS, the applicant, if selected, will enter into an agreement with the State of California to carry out the transportation enhancement activities project. NOW THEREFORE BE IT RESOLVED BY the Council of the City of San Luis Obispo, California the following: 1. .Approves the filing of an application for the Transportation Enhancement Activities Program for consideration of funding. 2. Estimates that the total cost of the project is $616,000. The City will commit to using local fund to support a minimum of 12% of the total project cost. 3. Certifies that the City of San Luis Obispo will make adequate provisions for the operation and maintenance of the project. 4. Appoints John Dunn, City Administrative Officer as agent of the City of San Luis Obispo to conduct all negotiations; execute and submit all documents, including but not limited to application, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. R -8130 Page 2 -- Resolution No. 8130 (1993 Series) Uponmotionof Council Member Set tlg seconded by Council Member Romero and on the following roll call vote: AYES: Council Members Settle, Romero, Rappa, Roalman and Mayor Pinard NOES: None ABSENT: None the foregoing resolution was adopted this 2nd day of March, 1993 PP ATTEST 1�2 In i 1 L� Dia a Gladwe 1, City CAerk APPROVED: John nn, City Administrative Officer TS:ts �'���L� �� � ��� i �V Cj 0 RESOLUTIONNO. 8129 (1993 Series) RESOLUTION OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE ISSUANCE AND SALE OF NOT TO EXCEED $11,500,000 REVENUE BONDS AND AUTHORIZING OFFICIAL ACTIONS WHEREAS, the Ciry of San,Luis Obispo (the "City ") is authorized pursuant to Section 203 of the City Charter of the City to make and enforce all laws and regulations in respect to municipal affairs, subject only to such restrictions and limitations as may be provided therein and in the Constitution and laws of the State of California; and WHEREAS, pursuant to such authorization the City Council of the City proposes to authorize proceedings for the issuance of 1993 Water Revenue Bonds of the City in the aggregate principal amount of not to exceed $11,500,000 (the 'Bonds ") for the purpose of financing the improvement of the existing water treatment plant which is used in connection with the water treatment and distribution enterprise of the City (the "Enterprise "); and WHEREAS, the City and the City of San Luis Obispo Capital Improvement Board have previously entered into that certain Lease Agreement dated as of December 1, 1988, whereby the City has incurred certain lease obligations which are payable from the net revenues of the Enterprise (the "1988 Lease Payments "), and the Bonds are proposed to be issued on a parity with the 1988 Lease Payments; and WHEREAS, the City wishes at this time to authorize the issuance of the Bonds and authorize and direct the public sale thereof; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. Adoption of City of San Luis Obispo Revenue Bond Law . Pursuant to the municipal affairs powers of the City which are granted to it by -the City Charter -of the City and by the Constitution of the State of California, the City Council does hereby enact municipal. legislation to be known as the "City of San Luis Obispo Revenue Bond Law" (the "Law ") which shall consist of all of the provisions (which provisions are herein incorporated by reference with the same force and effect as if such provision were expressly set forth herein) of the Revenue Bond Law of 1941, cons-ti ting Chapter 6 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California, excluding therefrom: the provisions of Article 3 of said Chapter 6 (consisting of Sections 54380 through 54388, inclusive), as such provisions are in effect on the date of adoption hereof or as they may thereafter by amended. The enactment of the Law pursuant hereto shall constitute a law made by the City in respect of municipal affairs, within the meaning of Section 203 of the City Charter of the City. SECTION 2. Issuance of Bonds: Approval of Documents. The City Council hereby authorizes the issuance of the Bonds pursuant to the Law in theaggregate principal amount of not to exceed $11,500,000. The Bonds shall be issued under and in accordance with the Indenture of Trust dated as of April 1, 1993, by and between the City and Bank of America National Trust and Savings Association, as trustee, in substantially the form on file with the City Administrative Officer together with any changes therein or additions thereto deemed advisable by the City Administrative Officer, whose execution thereof shall be conclusive evidence of his approval of such changes and additions. The City Council hereby authorizes and directs the City R -8129 Resolution No. 811, (1993 Series) Page 2 Administrative Officer to execute, and the City Clerk to attest and affix the seal of the City to, said form of the Indenture of Trust for and in the name of the City. SECTION 3. Call for Bids: Authorization of Competitive Sale of Bonds.' The City hereby calls for bids to be received for the purchase of the Bonds at the offices of Jones Hall Hill & White, A Professional Law Corporation, Four Embarcadero Center, Suite 1950, San Francisco, California 94111, on Wednesday, March 17,19 93 at 10:00 a.m. California time. Bids shall be received, and the Bonds shall be sold, subject to the terms and conditions set forth in the Official Notice of Sale of the Bonds in substantially the form attached hereto as Exhibit A and by this reference incorporated herein, together with any additions thereto or changes therein (including but not limited to changes in the time and date fixed for sale of the Bonds) as may be deemed necessary or advisable by the Director of Finance. The Director of Finance is hereby authorized and directed to accept the best bid determined in accordance with the Official Notice of Sale, in the name and on behalf of the City. SECTION 4. Publication of Notices. Pursuant to Section 53692 of the Government Code, the Director of Finance is hereby authorized and directed to execute, and Jones Hall Hill & White, A Professional Law Corporation, is hereby authorized to cause to be published, the Notice of intention to Sell Bonds in substantially the form attached hereto as Exhibit B and by this reference incorporated herein, together with any additions thereto or changes therein (including but not limited to changes in the time and date fixed for sale of the Bonds) as may be deemed necessary or advisable by the Director of Finance. Such publication shall be made once in The Bond Buyer, not later than fifteen (15) days prior to the date set for the receipt of bids for the sale of the Bonds. The financial advisor is herebyAuthorized and directed to cause to be circulated to potential bidders a copy of the final form of the Official Notice of Sale. SECTION 5. Official Statement. The City hereby approves, and hereby deems nearly final within the meaning of Rule 15c2 -12 of the Securities Exchange Act of 1934, the preliminary Official Statement describing the Bonds, in the form on file with the Director of Finance. The financial advisor is hereby authorized to distribute the Official Statement in connection with the sale of the Bonds. The Director of Finance is hereby authorized and directed to (a) execute and deliver to the purchaser of the Bonds a certificate deeming the preliminary Official Statement to be nearly final as of its date, (b) approve any changes in or additions to cause such Official Statement to be put in final form, and (c) execute said final Official Statement for and in the name and on behalf of the City. SECTION 6. Engagement of Professional Services. Evensen Dodge, Inc. is hereby retained as financial advisor to the City, and the firm of Jones Hall Hill & White, A Professional Law Corporation, is hereby retained as bond counsel to the City, in connection with the issuance and sale of the Bonds. The Director of Finance is hereby authorized and directed on behalf of the City to execute an agreement with each of said firms, in the respective forms on file with the Director of Finance. SECTION 7. Official Actions. The City Administrative Officer, the Director of Finance, the City Clerk, the City Attorney and all other officers of the City are each authorized and directed in the name and on behalf of the City to make any and all assignments, certificates, requisitions, agreements, notices, consents, instruments of conveyance, warrants and other documents, which they or any of them might deem necessary or appropriate in order to consummate any of the transactions contemplated by the documents approved pursuant to this Resolution. Whenever in this resolution any officer of the City is authorized to execute or countersign any document or take any action, such execution, countersigning or action may be taken on behalf of such officer by any person designated by such officer to act on his or her behalf in the case such officer shall be absent or unavailable. ' -2- Resolution No. 8129=-0993 Series) Page 3 SECTION 8. Effective Date. This resolution shall take effect from and after the date of approval and adoption thereof. Council Member Settle Council Member Romero On motion of ,seconded by and on the following roll call vote: AYES: Council Members Settle, Romero, Rappa, Roalman and Mayor Pinard NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 2nd day of March, 1993. Mayor Peg "Pi ;ard ATTEST: Oi ' QYefk Diand Gladw -A APPROVED: -3- EXHIBTI' A OFFICIAL NOTICE OF SALE CITY OF SAN LUIS OBISPO 1993 WATER REVENUE BONDS NOTICE IS HEREBY GIVEN by the City of San Luis Obispo (the "City`') that bids will be received by a representative of the City at the offices of Jones Hall Hill & White, A Professional Law Corporation, Four Embarcadero Center, Suite 1950, San Francisco, California 94111, on WEDNESDAY, MARCH 17, 1993 at 10:00 a.m. California Time for the purchase of $ - - - principal amount of bonds of the City designated the "City of San Luis Obispo 1993 Water Revenue Bonds" (the "Bonds "). The Bonds will be issued under the provisions of an Indenture of Trust by and between the City and Bank of America National Trust and Savings Association as Trustee (the "Trustee ") dated as of April 1, 1993 (the "Indenture "), and pursuant to the laws of the State of California. The Bonds are more particularly described in the proposed form of the Indenture on file with the City Clerk of the City (which is incorporated herein by reference) and copies thereof will be furnished to the bidder upon request. DESCRIPTION OF BONDS FORM OF BONDS: The Bonds will be issued in fully registered form in denominations of $5,000 or authorized integral multiples thereof, to be dated initially as of April 1, 1993. The Bonds will be issued initially under the book -entry system of The Depository Trust Company of New York, New York. ( "DTC" ), and the ownership of the Bonds will be registered to the nominee of DTC.. Bidders are referred to the Official Statement for further details. MATURITIES :. The Bonds will mature, or be subject to mandatory sinking fund redemption, on June 1 in each of the years and in the amounts, as set forth in the following table. Each bidder is required to specify in its bid whether, for any particular year, the Bonds will mature or, alternately,. be subject to mandatory sinking fund redemption in such year.. Year Principal Year Principal June ] Amount June 1 Amount Em PAYMENT PROVISIONS: Interest on the Bonds will be payable on December 1, 1993, and on June 1 and December 1 in each year thereafter (the "Interest Payment Dates "), to the registered owners by check or draft of the Trustee or, in the case of the owner of Bonds in an aggregate principal amount of at least $1,000,000, at the written request of such owner by wire transfer. Principal of any Bond will be paid upon presentation and surrender thereof at the corporate'trust office of the Trustee in Los Angeles, California. Both the principal of and interest on the Bonds are payable in lawful money of the United States of America. OPTIONAL REDEMPTION: The Bonds maturing on or before June 1, 2003, are not subject to optional redemption prior to maturity. The Bonds maturing on or after June 1, 2004, are subject to redemption prior to their respective maturity dates, at the option of the City, as a whole or in part, from any source of available funds, on any date on or after June 1, 2003, at a redemption price equal to the one hundred percent (100 %) of the principal amount of the Bonds to be redeemed plus accrued interest thereon to the date of redemption, without premium. SPECIAL MANDATORY REDEMPTION. The Bonds are also subject to redemption as a whole or in part, on any Interest Payment Date, from and to the extent of the proceeds of disposition of properties of the City's water enterprise (the "Enterprise ") or the proceeds of hazard insurance not used to repair or rebuild the Enterprise, which proceeds are required to be used for such purpose pursuant to the Indenture, at a redemption price equal to the principal amount of the Bonds plus interest accrued thereon to the date fixed for redemption, without premium. The Bonds are also subject to redemption as a whole or in pan, on the first Interest Payment Date (commencing June 1, 1996) for which notice of redemption can be timely given following the transfer of funds from the Construction Fund to the Redemption Fund pursuant to the Indenture, from and to the extent of the funds so transferred, at a redemption price equal to the principal amount of the Bonds plus interest accrued. thereon to the date fixed for redemption, without premium. SINKING FUND REDEMPTION. Any bidder may, at its option; specify that one or more maturities of the Bonds will consist of term Bonds which are subject to mandatory sinking fund redemption in consecutive.years immediately preceding the maturity thereof, as designated in the bid of such bidder. In the event that the bid of the successful bidder specifies that any maturity of Bonds will be term Bonds, such term Bonds will be subject to mandatory sinking fund redemption on June 1 in each year so designated in the bid, in the respective amounts for such years as set forth above under the heading "MATURITIES ", at a redemption price equal to the principal amount thereof to be redeemed together with accrued interest thereon to the redemption date, without premium. PURPOSE: The proceeds of the Bonds will be applied by the City to finance the construction of improvements to the existing water treatment plant of the City, together with the acquisition, construction and improvement of other facilities and property in connection with the Enterprise. SECURITY: The Bonds are special obligations of the City, payable solely from and secured by a lien on and pledge of the Net Revenues of the water treatment and distribution enterprise of the City, which Net Revenues are pledged therefor in the Indenture. The Bonds are additionally secured by a lien on amounts held in the funds and accounts established under the Indenture. The Bonds will be issued on a parity with the obligations of the City under a Lease Agreement previously entered into by the City in the aggregate original principal amount of $5,000,000. Bidders should be aware of certain factors affecting the availability and amount.of the Net Revenues in amounts and at times sufficient to pay the Bonds, and the bidders are referred to the Indenture and the Official Statement for further details. A -2 i TAX- EXEMPT STATUS: In the opinion of Jones Hall Hill & White, A Professional Law Corporation, bond counsel to the City, interest on the Bonds is excluded from gross income for federal income tax purposes and is not an item of tax preference for purposes of the federal individual and corporate alternative minimum taxes, although it is included in certain income and earnings in computing the alternative minimum tax imposed on certain corporations. In the further opinion of Bond Counsel, such interest is exempt from California personal income taxes. In the event that prior to the delivery of the Bonds (a) the interest on other obligations of the same type and character shall be declared to be taxable (either at the time of such declaration or at any future date) under any federal income tax laws, either by the terms of such laws or by ruling of a federal income tax authority or official which is followed by the Internal Revenue Service, or by decision of any federal court, or (b) any federal income tax law is adopted which will have a substantial adverse effect upon owners of the Bonds as such, the successful bidder for the Bonds may, at its option, prior to the tender of the Bonds, be relieved of its obligation under the contract to purchase the Bonds, and in such case the deposit accompanying its proposal will be returned. LEGAL OPINION: The legal opinion of Jones Hall Hill & White, A Professional Law Corporation, San Francisco, California, approving the validity of the Bonds and the Indenture, will be furnished to the purchaser of the Bonds without cost A copy of the legal opinion, certified by the official in whose office the original is filed, will be printed on each Bond at the expense of the City. FURTHER INFORMATION: A copy of the preliminary Official Statement describing the Bonds, and any other information concerning the proposed financing, will be furnished upon request to the financial consultant to the City, Evensen Dodge, Inc., 650 Town Center Drive, Costa Mesa, California 92626, telephone: (714) 545 -2675. TERMS OF SALE FORM OF BID; MAXIMUM DISCOUNT: Each bid must be for not less than all of the Bonds hereby offered for sale. The purchase price to be paid for the Bonds may not be less than ninery-eight percent (98 %) of the par value thereof and accrued interest thereon to the delivery date.. The amount of any discount specified for the Bonds shall not exceed two percent (2 %) of the aggregate principal amount of the Bonds. Each bid must be delivered in writing to the City at the address set forth above, to be received not later than the date and time of sale set forth above. DESIGNATION OF INTEREST RATES: Each bidder must specify the rate or rates of interest which the Bonds shall bear. The maximum rate bid on any maturity of the Bonds may not exceed percent ` %) per annum. A bidder will be permitted to bid different rates of interest for each maturity of Bonds; but (i) each interest rate specified must be in a multiple of one- twentieth or one -eighth of one percent; (ii) the rate of interest bid on any maturity of Bonds must be greater than or equal to rate of interest bid on the preceding maturity of Bonds; (iii) no Bond shall bear more than one rate of interest; (iv) interest on each Bond shall be computed from April 1, 1993, to its stated maturity (or, in the case of term Bonds, to the all dates of mandatory sinldng fund redemption thereof as designated in the bid) at the interest rate specified in the bid, payable on the Interest Payment Dates as set forth above; (v) all Bonds maturing at any one time shall bear the same rate of interest; and (vi) any premium must be paid as part of the purchase price, and no proposal will be accepted which contemplates the waiver of any interest or other concession by the bidder as a substitute for payment in full of the purchase price. BOND INSURANCE: The City has applied for the issuance of a policy of municipal bond insurance on the Bonds. Information concerning such municipal bond insurance will be available prior to the time set for receipt of bids, and bidders should contact the financial consultant to the City, Evensen Dodge, Inc.; 650 Town Center Drive, Costa Mesa, California 92626, A -3 telephone: (714) 545 -2675, for further information. The premium for any such insurance will be paid by the City. DETERMINATION OF BEST BID: The best bid will be determined by deducting the amount of the premium bid (if any) from, and adding the amount of the discount bid (if any) to, the total amount of interest which would be required to be paid on the Bonds from April 1, 1993, to their respective maturity dates, or in the case of the Term Bonds to their respective sinking account prepayment dates set forth above, at the respective interest rates specified in the, on the basis of the lowest net interest cost determined thereby, The purchaser must pay accrued interest, computed on a 30 -day month, 360 -day year basis, from April 1, 1993, to the date of delivery. RIGHT TO REJECT ANY BID: The City reserves the right; in its discretion, to reject any and all proposals and to waive any irregularity or informality in any proposal.: TIME OF AWARD: The City has authorized its Director of Finance to award the sale of the Bonds to the bidder whose proposal is the best responsible proposal determined in accordance herewith. Notice of the award will be given in writing to the successful bidder within twenty-four (24) hours from the time proposals are received. DELIVERY AND PAYMENT: Delivery of the definitive Bonds will be made to DTC or its nominee upon the issuance thereof, which is expected to occur on April _, 1993. Payment for the Bonds must be made by wire transfer of Federal Reserve Bank funds, or Federal Reserve Bank funds check, which is immediately available to the Trustee on the date of delivery. Any expense in providing immediately available funds shall be borne by the purchaser. RIGHT OF CANCELLATION: The purchaser shall have the right, at its option, to cancel the contract of purchase if the City fails to execute the Bonds and tender the same for delivery within 60 days from the date of award thereof, and in such event the accompanying good faith deposit will be returned. GOOD FAITH DEPOSIT: A certified or cashier's check drawn on a responsible bank or trust company having an office in Los Angeles, California, or in San Francisco, California, in the amount of $ , payable to the order of the City, must accompany each proposal as a guaranty that the bidder, if successful, will accept and pay for the Bonds in accordance with the terms of its proposal. The good faith deposit accompanying any accepted proposal will be cashed by the City following the award to the successful bidder. The amount will be applied as a credit towards the payment of the purchase price by the successful bidder. If after the award of the Bonds, the successful bidder fails to complete its purchase on the terms stated in its proposal, the full amount of the good faith deposit will be retained by the City. The check accompanying unaccepted proposals will be made available for recovery by each unsuccessful bidder as soon as the successful bid has been verified. No interest will be paid upon any good faith check held or deposited by the City. STATEMENT OF NET INTEREST COST: Each bidder is requested, but not required, to state in its bid the total net interest cost and the percentage net interest rate represented by the bid, which will be informative only and not binding on either the bidder, or the City. CERTIFICATION OF REOFFERING PRICE: The successful bidder shall be required, as a condition to the delivery of the Bonds by the City, to deliver to the City a certificate, in form and substance satisfactory to the City, stating (i) that, as of the date of award, the Bonds were expected to be reoffered in a bona fide public offering, (ii) the initial offering price at which a substantial amount (at least 10 %) of each maturity of the Bonds were sold to the public, and (iii) A-4 that no Bonds of a single maturity were offered at one price to the general public and at a discount from that price to institutional or other investors. No LITIGATION: There is no litigation pending concerning the validity of the Bonds, the corporate existence of the City, or the entitlement of the officers thereof to their respective offices, and the purchaser will be furnished a no-litigation certificate certifying to the foregoing as of and at the time of delivery of the Bonds, CUSIP NUMBERS: It is anticipated that CUSIP numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bonds nor any error with respect thereto will constitute cause for a.failure or refusal by the purchaser to accept delivery of and pay for the Bonds in accordance with the terms hereof. All expenses in relation to the printing of CUSIP numbers on the Bonds will be paid for by the City; provided, however, that the CUSIP Service Bureau charge for the assignment of said numbers will be the responsibility of and shall be paid for by the purchaser. CALIFORNIA DEBT ADVISORY COMMISSION FEES: All fees payable to the California Debt Advisory Commission in connection with the issuance of the Bonds shall be the responsibility of the purchaser of the Bonds. OFFICIAL STATEMENT: The City has approved a preliminary Official Statement relating to the Bonds. Copies of such preliminary Official Statement will be distributed to any bidder, upon request, prior to the sale in a form "deemed final' by the City for purposes of Rule 15c2 =12 under the Securities Exchange Act of 1934 (the 'Rule "). Within seven business days from the sale date, the City will deliver to the purchaser copies of the final Official Statement (in an amount not to exceed 250 copies), executed by an authorized representative of the City and dated the date of delivery thereof to the purchaser -, in. sufficient number to allow the purchaser to comply with paragraph (b)(4) of the Rule and to satisfy the Municipal Securities Rule malting Board (the "MSRB ") Rule G -32 or any other rules adopted by the MSRB, which shall include information permitted to be omitted by paragraph (b)(1) of the Rule and such other amendments or supplements as shall have been approved by the City (the "Final Official Statement" ). The purchaser agrees that it will not confirm the sale of any Bonds unless the confirmation of sale is accompanied or preceded by the delivery of a copy of the Final Official Statement. Dated: March _, 1993 CITY OF SAN LUIS OBISPO A -5 /i // Director of Financ-e EXHIBIT B NOTICE OF INTENTION TO SELL BONDS CI'T'Y OF SAN LUIS OBISPO 1993 WATER REVENUE BONDS NOTICE IS HEREBY GIVEN by the City of San Luis Obispo (the "City") that bids will be received by a representative of the City at the offices of Jones Nall Hill & White, A Professional_ Law Corporation, Four Embarcadero Center, Suite 1950, San Francisco, California 94111, on WEDNESDAY, MARCH 179 1993 at 10:00 a.m. California Time for the purchase of $ principal amount of bonds of the City designated the "City of San Luis Obispo 1993 Water Revenue Bonds" (the "Bonds "). The sale of the Bonds will be conducted upon the terms and conditions set forth in the Official Notice of Sale for the Bonds. Such Official Notice of Sale and the preliminary form of the Official Statement describing the Bonds may be obtained from the financial adviser to the City, Evensen Dodge, Inc., 650 Town Center Drive, Costa Mesa, California 92626, telephone: (714) 545 -2675. Dated: March _, 1993 CITY OF SAN LUIS OBISPO By: J'�IE44 Director of Finance SCHEDULE 1 i SUMMARY OF PROP06ED WATER TREATMENT PLANT kINANCING ■ Policy Links 1991 -93 Financial Plan Recent Council Actions: Approved Water Treatment Project (9/22/92) Awarded Construction Contract (1/5/93) ■ Bond Sizing /Use of Proceeds Project costs $ 9,855,700 Debt service reserve 793,200 Underwriter's discount 92,800 Fixed costs of issuance 100,000 Variable costs of issuance 65,500 Bond insurance 143,000 Interest earnings during construction (130,200) Total Proceeds . $10,920,000 5% Contingency 580.000 Issue not to exceed $11,500,000 ■ Project Cost Summary Project inspection and management $ 750,000 Construction Contract 8,5109000 Contingencies 595.700 Total Estimated Project Costs $ 9,855,700 Note: The bond documents will allow reimbursement of design and study costs (estimated at $760,000); however, they are not included in the recommended sizing of the issue. ■ Type of Debt Instrument ■ Issued Through ■ Maturity Period ■ Estimated Interest Rate ■ Estimated Annual Debt Service Gross debt service Net debt service after interest on reserve Net debt service after interest on reserve and including final year payment made from reserve ■ Source of Funding ■ Scheduled Key Events Council approval of the financing Underwriter bid closing Receipt of proceeds Water Revenue Bonds City of San Luis Obispo 30 Years 6.0% to 6.5% $793,000 $755,000 $725,000 Water Revenues March 2, 1993 March 17, 1993 April 1, 1993 SCHEDULE 2a Water Revenue Bonds The City of Ban Luis 0blppo, California Assumes DH 96; Bond Insurance at 60 We and U/N Disc of 58.50 ■ �ar�ssasao ■tseaa�ssssasausar ■ ■sasssas 30U.ICE8 AND U8E3 OF FU102 ' ssaasssaaasa ... ■■amaaaa---- �-- �se�sea:�asas DELIVERY DATE: 3/30193 sources of Funds asap ■ ■.o ■®ia Par Amount of Bonds ................... $1019201000.00 Oremlua /-Dleoount ................... $0.00 Bond Proceeds . .......... .................tot........... 10,920.000.00 Accrued Interest ............... ...t .................... . 90,927.63 $10,970,927.63 Uses of Funds Estimated Desipn/Msnaysmant Cost .......................: 7600000.00 UndsnOlter6, Discount ..................( 0.850000X)... 92,820.00 Fixed Costs of Issuance .......... ..toot ................ 100,000.00 variable Coats of laseuancet. ........... ( 0.600000X)... 69,520.00 Bond IMwr'w n....r .....................( 0.60D000%)... 1420956.34 Accrued interest ......... ....040.1...................... 50,927.45 Cebt.Service Reserve ..... ..................toot......... 793,160.00 Mat Construction Fund nt .... lot, .................... Ameu 8,965.442.71st Contingenc y .............. ............................... - ------------------- 80.95 S10,970,927.63 Prepared by Evawn Dodse, Inc. RUNDATE: 02.04.1993 0 14:46 :42 FILENAME: $LO KEYr WATER2 -3A ,* e5kc.4.F,roc SCHEDULE 2b Prepared by Evanaan Doge, Inc. RUNDATE: 02 -04 -1993 8 14:46:54 FILENAME: SLO KEY. WATER2 -3A Water Revenue Bonds -The City of San Luis Obispo, Californts Assumes DR 96; Bond Insursnos at 60 BPS and U/W Disc of 58.50 mm am =ice 223muY DEBT SERVICE SCHEDULE DATE PRINCIPAL . COUPON INTEREST PERIOD TOTAL FISCAL TOTAL ........ 12/ 1/93 .............. .......... ...................... 4740153.75 _.....---__ 474,153.75 .............. 6/ 1/94 160;000.00 2.900000 3161102.50 476,162.50 950,256.25 12/ 1/94 313,78230 313,782.50 6/ 1/95 165,000.00 3.700000 3131182.50 4781782.50 792,565.00 12/ 1/95 310,730.00 310,730.00 6/ 1/96 170,000.00 4.200000 310,750.00 480,730.00 791,460.00 12/ 1/06 301,160.00 307,160.00 6/ 1197 175,000.00 4.650000 307,160.00 482,160.00 789,320.00 12/ 1/97 303,266.25 303,266.25 6/ 1/98 185,000.00 4.700000 303,266.25 4881266.25 791,532.50 12/ 1/98 298,916.75 298,918.75 6/ 1/99 195,000.00 4.850000 298,918.75 49!,918.75 792,837.50 12/ 1/99 294,190.00 294,190.00 6/ 1/ 0 200,000.00 5.000000 294,190.00 494,190.00 788,380.00 12/ 1/ 0 289,190.00 289,190.00 6/ 1/ 1 210,000.00 5.150000 2890190.00 499,190.00 7880380.00 12/ 1/ 1 283,782.50 283,782.50 61 1/ 2 225,000.00 5.250000 283,782.50 508,782.50 7921565.00 12/ 1/ 2 277,876.25 277,876.25 6/ 1/ 3 235,000.00 5.350000 277,876.25 512,876.25 790,752.50 12/ 1/ 3 271,590.00 2718590.00 6/ 1/ 4 2500000.00 5.500000 271,590.00 521,590.00 793,180.00 12/ 1/ 4 264,715.00 264,715.00 6/ 1/ 5 260,000.00 5.600000 264,715.00 524,713.00 789,430.00 12/ 1/ 5 257,435.00 2570435.00 6/ 1/ 6 275,000.00 5.700000 2570435.00 532,435.00 7898870.00 12/'1/ 6 249,597.50 249,597.50 6/ 1/ 7 290,000.00 5.800000 249,597.50 539,597.50 789,193.00 12/ 1/ 7 241,187.50 241,187.50 6/ 1/ 8 310,000.00 5.850000 241,187.50 551,187.50 792,375.00 12/ 1/ 6 232,120.00 232,120.00 6/ 1/ 9 323,000.00 5.900000 232,126.00 557,120.60 789,240.00 12/ 1/ 9 222,532.50 2220532.50 6/ 1/10 345,000.00 5.950000 222,532.50 567,532.50 790,065.00 12/ 1/10 212,268.75 212,268.75 6/ 1111 365,000.00 6.000000 212,268.75 5171268.75 789,537.50 12/ 1/11 201,318.75 201,318.75 6/ 1/12 390,000.00 6.050000 201,318.75 $911318.75 792,537.30 12/ 1/12 189,521.25 189,521.25 6/ 1/13 410,000.00 6.050000 189,521.25 5990521.25 789,042.50 121 1/13 177,118.75 1770118.75 6/ 1/14 435,000.00 6.100000 177,118.75 612,118.75 789,237.50 12/ 1/14 163,851.25 163,851.25 6/ 1/13 465,000.00 6.100000 163,851.25 62A,851.25 792,702.50 12/ 1/15 149,668.75 149,660.75 6/ 1/16 490,000.00 6.100000 149,668.75 639,668.75 789,337.50 12/ 1/16 134,723.75 134,723.75 6/ 1/17 520,000.00 6.100000 134,723.75 654,723.75 789,447.50 1L 1/17 118,86335 118,863.75 6/ 1/18 5551000.00 6.100000 118,663.75 673,863.75 792,727.50 12/ 1/16 101,936.25 101,936.25 6/ 1/19 585,000.00 6.150000 101,936.25 666,936.25 788,87230 12/ 1/19 83,947.50 83,947.50 6/ 1/20 625,000.00 6.150000 83,947.50 708,947.50 792,895.00 12/ 1/20 64,728.75 64,728.75 6/ 1/21 660,000.00 6.150000 64,728.75 724,728.75 789,457.50 12/ 1/21 44,433.75 44,433.75 6/ 1/22 700,000.00 6.150000 441433.75 744,433.75 788,867.50 12/ 1/22 22,908.75 22,908.75 61 1/23 745,000.00 6.150000 22,908.75 767,908.75 790,817.50 Prepared by Evanaan Doge, Inc. RUNDATE: 02 -04 -1993 8 14:46:54 FILENAME: SLO KEY. WATER2 -3A Water Revenue Bonds n SCHEDULE 2c 'The City of San Luis Obispo, California Assumes DH %; Bond Insurance at 60 BPs and UN Diac of $9.50 -- a= sa■■■w■..snmm" DEBT SERVICE SCHEDULE ■p�oa+ ■p�SS�3Qwr■ DATE PRINCIPAL COUPON INTEREST PERIOD TOTAL' FISCAL TOTAL .............. .......... .............. .............. ....... .._._ .. ........ ..a........... 10,920,000.00 18,996,983.75 23,876,983.75 ACCRUED 50,927.63 50,9Z7.63 10,920,000.00 124906,056.12 23,826,056.12 rwwm.■■■a ■ ■ ■w■■w■■e 820D= = == ■■■w Dated 3/ 1/93 with DeLlvery of 3/30/93 Bond Years 215,585.000 Average Coupon 6.010151 Average Life 19.742216 N I C % 6.053206 % Using 99.1500000 Bond Insurance: 0.600000 % of (Total D/S - Accrued • Cap. Int.) 142,956.36 Prepared by Evensen Dedga, Inc. RU90ATE: 02.04.1993 A 14:46:57 FILENAME: OLD KET: wATER2 -3A Prepered by Evensen Dodge, Inc. RUNDATE: 02 -16 -1993 S 12:33:48 FILENAME: SLO KEY: UATE42 -3A Peter Revenue Bends SCHEDULE 2d ""he City of Son Luis Obispo, Celifornis DOM Insurance 60 Bps and UN Dine o1 )50 Assumes D� , at NET DEBT SERVICE REQUIREMENTS cci a CCte�feeee:azv/Qavaiia//a DELIVERY DATE: 3/3D/93 PERIOD TOTAL CONSTR. FUND DEBT SVC. RES. NET SURPLUS FUNDS ENDING PRINCIPAL COUPON INTEREST DEBT SERVICE EA�ININGS + CAP. INT. DEBT SERVICE REMAINING ............. .............. ... .. ....... .. °---................---- 12/ 1/93 6/ 1194 .. 160,000.00 ....... 2.900000 474,153.75 316,102.50 474,153.75 476,102.50 77,477.13 19,829.50 396,676.62 456,273.00 12/ 1/94 313,782.50. 313,782.50 19,829.SO 293,953.00 61 1/95 165,000.00 3.700000 313,782.50 3i0,730.00 478,782.50 310,730.00 19,829.50 19,829.50 458,953.00 290,900.50 12/ 1/95 6/ 1/96 170,000.00 4,200000 310,730.00 480,730.00 19,829.50 460,90.0.50 12/ 1/96 307,160.00 307,160.00 19,829.50 287,330.50 61 1/97 175,000.00 4.450000 301,160.00 303,266.25 482,160,00 303,266.25 19,829.50 19,829.50 462,330.50 283,436.75 12/ 1/97 6/ 1/98 185,000.00 4.700000 303,266.25 •4880266.25 19,829.50 468,4305 12/ 1/98 298,918.75 298,918.75 19,829.50 279,089.25 6/ 1/99 195,000.00 4.850000 208,918.75 294,100.00 493,918,75 294,190.00 19,829 SO 19,829.50 474,089.25 274,360.50 12/ 1/99 6/ 1/ 0 200,00040 5.000000 204,190.00 494,190.00 190829.50 474,360.50 12/ 1/ 0 289,190.00 289,190.00 19,829.50 269,36D.50 6/ 11 1 210,000.00 5.150000 289,190.00 499,190.00 19,829.50 479,360.50 12/ 1/ 1 283,782.50 283,782.50 19,829.50 263,953.00 6/ 1/ 2 225,000.00 5.250000 - 283,782.50 508,782.50 19,829.50 488,953.00 12/ 1/ 2 277,876.25 277,876.25 19,829.50 258,046.75 6/ 1/ 3 235,000.00 5.350000 277,876.25 271,590.00 512,876.25 271,590.00 19,82930 19,829.50 493,046.75 251,760.50 12/ 1/ 3 6/ 1/ 4 250,000.00 5.500000 271,590.00 521,590.00 19,829.50 501,760.50 12/ 1/ 4 264,715.00 264,715.00 19,829.50 244,885.50 6/ 1/ 5 260,000.00 5.600000 264,715.00 257,.00 635 524,715.00 257;435.00. 19,829.50 19,829.50 504,885.50 237,605.50 12/ 1/ 5 6/ 1/ 6 275,000.00 5.700000 257,435.00 432,435.00 19,829.50 512,605.50 12/ 11 6 249,597.50 249,597.50 19,829.50 229,768.00 6/ 1/ 7 290,000.00 5.800000 249,597.50 241,187.SO 539,597.50 241,187.50 19,829.50 19,829.50 519,768.00 221,358.00 12/ 1/ 7 6/ 1/ 8 31C,000.OD 5.850000 241,187.50 551,187.50 19,829.50 531,358.00 121 11 8 232,120.00 232,120.00 19,829.50 212,290.50 6/ 1/ 9 325,000.00 5.900600 232,120.00 222,532.50 557,120.00 222,532.50 19,829.50 19,829.50 537,290.50 202,703.60 12/ 1/ 9 6/ 1/10 345,000.00 5.950000 222,S32.50 5670532.50 19,829.5D 547,703.00 in 1/10 212,266.75 212,268.75 19,829.50 192,439.25 6/ 1/11 365,000.00 6.000000 212,268.75 201,318.75 577,268.75 201,318.75 19,829.50 19,829.50 557,439.25 181,489.25 121 1/11 61 1/12 390,000.00 6.050000 201,318.75 591,318.75 19,829.50 571.489.25 12/ 1/12 189,521.25 189,521.25 19,829.50 169,691.75 6/ 1/13 410,000.00 6.050000 189,521.25 599,521.25 19,629.50 579,691.75 12/ 1/13 177,118.75 177,116.75 19,829.50 157,289.25 6/ 1/14 435,000.00 6.100000 177,118.75 163,851.25 612,118.75 163,651.2S 19,829.50 19,829.50 592,289.25 144,021.75 12/ 1/14 6/ 1/15 465,000.00 6.100000 163,851.25 628,851.25 190829.50 609,021.75 12/ 1/15 149,668.75 149,668.75 19,829.50 129,839.25 61 1/16 490,000.00 6.100000 149,666.75 639,668.75 10,829.50 6i9,839.25 12/ 1116 134,723.75 134,723.75 19,829.50 114,894.25 6/ 1/17 .520,000.00 6.100000 134,723.75 118,863.75 654,723.75 118,863.75 19,829.50 19,829.50 634,894.25 99,034.25 12/ 1/17 6/ 1/18 555,000.00 6.100000 118,863.75 675,863.7S 19,829.50 654,034.25 12/ 1/18 101,936.25 101,936.25 19,829.50 82,106.75 6/ 1/19 585,000.00 6.150000 101,,936.25 686,936.25 19,829.50 667,106.75 12/ 1/19 83,947.50 83,947.50 19,629.50 64,118.00 6/ 1/20 625,000.00 6.150000 83,947.50 708,047.50 19,829.50 669,118.00 12/ 1/20 64,728.75 64,728.75 19,829.50 44,899.25 6/ 1/21 660,000.00 6.150000 64,728.75 44,433.75 724,728.75 44,433.75 19,829.50 19,829.50 704,899.25 24,604.25 12/ 1/21 6/ 1/22 700,000.00 6.150000 44,433.75 744,433.75 19,829.50 724,604.25 12/ 1/22 22,908.75 22,908.75 19,829.50 3,079.25 6/ 1/23 745,000.00 6.150000 22,908.75 767,908.75 .............. ..... ......... ... 813 OD9.50 .......... 45,100.75 ............. ----- -- -- - - -- 10,920,000.00 .............. 12,956,983.75 23,876,983.75 2,040,597.63 21.881,486.87 aaasvvcvrvv.r /aaeaivazcarc �.--= o === =_ = P= ��caesee /v /u /aaa�aaa�/a oaoaacauwa Prepered by Evensen Dodge, Inc. RUNDATE: 02 -16 -1993 S 12:33:48 FILENAME: SLO KEY: UATE42 -3A �,n�� �Cr�� 1 �, �� �,`'� ��� � � ��� �� r. 1 RESOLUTION NO. 8128 r. i (1993 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A ONE -YEAR TIME EXTENSION FOR FILING THE FINAL TRACT MAP FOR VESTING TENTATIVE TRACT MAP NO. 2010 LOCATED AT THE NORTHWEST CORNER OF BROAD STREET AND ROCKVIEW PLACE (3360 ROCKVIEW PLACE) 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 subdivider's request, staff recommendations and reports thereon, found that the one -year time extension is justified. SECTION 2. Action. That Vesting Tentative Tract Map No. 2010 is granted a one -year time extension to March 5, 1994, subject to the original findings and conditions, as specified in City Council Resolution No. 6944. On motion of Council Member Settle seconded by Council Member Romero call votes , and on the following roll AYES: Council Members Settle, Romero, Roalman, Rappa and MayorPina: NOES: None ABSENT: None R -8128 Resolution No. 812.8 (1993 Series) Page 2 the foregoing resolution was passed and adopted this 2nd day of March Mayor Peg Pinard ATTEST: 1993. C- y Clerk Diane Gladwell APPROVED: C City A ministrative Officer '/ Ci At or y Community Develdpment Director t, n ' RESOLUTION No. 8127`. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING DEVELOPMENT OF THE STUDENT NEIGHBORHOOD ASSISTANCE PROGRAM AND WORKER'S COMPENSATION BENEFITS FOR SNAP VOLUNTEERS WHEREAS, the City Council desires to continue efforts towards improved relations between students and the community; and WHEREAS, the Associated Students Incorporated (A.S.I.) of California Polytechnic State University, and the San Luis Obispo Police Department have developed an innovative "peer policing" program; and WHEREAS, the A.S.I. have passed legislation authorizing the participation in a Student Neighborhood Assistance Program (SNAP); and WHEREAS, those students participating in the Student Neighborhood Assistance Program provide a viable service to the community; and WHEREAS, SNAP volunteers are not covered by worker's compensation insurance for injuries or illnesses incurred while performing services as part of the SNAP program; and NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, AS FOLLOWS: SECTION 1. Does hereby authorize the development of the Student Neighborhood Assistance Program (SNAP) as discussed in the attachments herein. SECTION 2. At the time of program implementation, worker's compensation coverage will be provided for SNAP volunteers who suffer from injuries or illnesses arising out of an in the course of performing duties assigned as part of the Student Neighborhood Assistance Program. SECTION 3. Worker's compensation insurance for SNAP volunteers will be equivalent to that provided to miscellaneous members. On motion of Council Member Roalman seconded by Council Member settle and on the following roll call vote, to wit! AYES: Council.Members Roalman, Settle, Romero, and Mayor Pinard NOES: None ABSENT: Council Member Rappa the foregoing resolution was passed and adopted this 16th day of February, 1993 , R -8127 ATTEST: By: Kim Condon, Assistant City Clerk CONCURRENCE: JOHN DUNN, CITY ADMINISTRATIVE WILLIAM STATLER, FINANCE DIRECTOR �N . , i�.. d`►,� WWI$ M. GARDINER, CHIEF OF POLICE ANN SLATE, PERSONNEL DIRECTOR r� ASSOCIATED STUDENTS, INC. EXECUTIVE OFFICE JULIAN A. MCPHEE UNIVERSITY UNION CALIFORNIA POLYTECHNIC STATE UNIVERSITY SAN LUIS OBISPO, CALIFORNIA 93407 TEL: 805/756 -1291 FAX: 8051756 -5802 November 4, 1992 Captain Bart Topham San Luis Obispo Police Department P.O. Box 1328 San Luis Obispo, CA 93406 RE: Student Neighborhood Assistance Program Dear Captain Topham Please find enclosed a copy of ASI Bill #93 -01, "Student Neighborhood Assistance Program," as passed by the Board of Directors on October 28, 1992. I am forwarding this copy to yoUr office, to assist your department in further development of SNAP as it approaches the next stage of review by the City. Should you have any questions or concerns, please'do not hesitate to contact the ASI Executive Office at 756 -1291, or myself personally at 545 -9579. Thank you for your attention and continued support. Your time throughout this process has been greatly valued and appreciated. Cordially Brent Hultquist, Vice Chair ASI Board of Directors kj encl. Associated Students, Inc. California Polytechnic State University San Luis Obispo BILL #93 -01 STUDENT NEIGHBORHOOD ASSISTANCE PROGRAM (SNAP) Article I. Origin This bill is presented in accordance with Board of Directors Operational Code, Article Vill, Section C, by Brent Hultquist, Board of Directors Vice Chair. Article Ii. Purpose This bill is designed to establish an agreement by and between the City of San Luis Obispo (hereafter °City) and the Associated Students, Inc. of California State Polytechnic University (hereafter'ASil and is made and entered into in consideration of the mutual promises contained herein. Article III. Background The city and ASI have jointly searched for innovative approaches to involve the student constituency in securing a safer environment by assisting local law enforcement, and have concluded that a program involving students taking an active role in specifically defined crime prevention and order maintenance activities within the community would be mutually beneficial. The goad of the Student Neighborhood Assistance Program (hereafter 'SNAP') is to provide an opportunity for students to create a safer environment for themselves and the community. SNAP participants will assist local law enforcement as first responders to specified student - related calls for service, and provide a variety of student- oriented crime prevention services. Article IV. Implementation SNAP will generally operate Wednesday through Saturday of each week while the University is in session. SNAP participants will be paid an hourly rate as established by the Operational Rules and Regulations. Work assignments will be from approximately 9:00 PM to 3:00 AM. There will generally be two teams of SNAP members, consisting of two students each. The on -duty Police field supervisor will be responsible for functional supervision of working SNAP members. However, administrative supervision shall remain with ASI and their authorized agents. (Examples of these two types of supervision are needed.) The City and ASI shall jointly develop Operational Rules and Regulations for SNAP. Eauioment Each team will be equipped with the following: 1. ASI vehicle (clearly marked) 2. SNAP program cap and windbreaker 3. Police portable radio and holder 4. Police flashlight 5. Written Warning cards Advisory Board Oversight and review of SNAP shall be accomplished by an Advisory Board composed of: 1. Chief of San Luis Obispo Police Department or his designee 2. Chief Administrative Officer City of San Luis Obispo or his designee 3. ASI Representative 4. Representative from neighborhood /community citizen's group 5. Representative from University Administration 6. Representative from interfraternity Council 7. Representative from Panhellenic Council S. Representative from Cuesta Community College 9. Representative from Cal Poly Public Safety Department The Advisory Board shall be governed by Advisory Board by -laws, which shall be developed by the City and ASI. Funding The City will contribute funds for SNAP. The City shall contribute and ASI shall contribute one vehicle, caps and windbreakers. Police Author "dv A SNAP member has no authority to use force or make arrests and will not personally intervene in any situation that could endanger himself or herself, or any other person or property. Indemnification In exchange for ASI's participation in SNAP, the City agrees to indemnify and hold harmless ASI and its agents, representatives, officers and employees from any and all loss, liability, claims, demands, damages or costs arising out of any injury, death or property damage that may be suffered or incurred by participants in the program or any other person, arising out of or in connection with operation of the program, except that the City shall have no liability for damages or costs incident thereto caused by the sole negligence of ASI, or its officers, employees or agents. Insurance City shall maintain in full force and effect during the term of the operation of SNAP general liability in the sum of One Million Dollars ($1,000,000) for injury to or death of any one person for each occurrence, and in the sum of Two Million Dollars ($2,000,000) for injury to or death of more than one person for each occurrence. Additionally, the City, as the Direct Employer of SNAP participants, shall maintain in full force and effect during said term of operation of SNAP workers compensation insurance for the benefit of all paid participants of SNAP. Furthermore, upon acceptance of the title of the vehicle donated by ASI, the city shall provide comprehensive automobile insurance. Termination - This Agreement shall be effective upon execution and shall terminate two years from said execution date unless it has been renewed by both parties. Prior to renewal of this Agreement, the City and ASI shall make an evaluation review of SNAP and determine the continued need for such services following the scheduled termination of this Agreement This Agreement may be terminated at arty time, by either party, without cause, upon thirty (30) day advance written notification. OPERATIONAL RULES AND REGULATIONS 1. Each tour of duty will be from 9:00 PM to = AM with a briefing at 8:45 PM. 2. Any observed violations or crimes in progress will be immediately reported by radio to the Police Department. Members will not take action In crime suppression activities, but will act as the "eyes and ears" of the Police:by reporting suspicious activity, crimes, etc. 3. Members will respond to assigned crime prevention services such as security surveys, neighborhood watch programs, elder assistance programs, and other similar duties as assigned at the discretion of the Advisory Board. 4. All members must successfully complete and consistently comply with the training program administered by the Police Department. All members must complete and comply with all training updates and refreshers administered by the Police Department or the ASI. 5. SNAP members will have frequent contact with the public and will be expected to remain courteous, helpful, and respectful to everyone at all times. No vulgar, insulting, or inflammatory language will be used by any member. 6. Members will periodically complete written reports as directed. 7. Members shall obey an order or instruction from a law enforcement officer at all times. S. Members shall be exposed to confidential information from time to time. No information or knowledge gained as a member of SNAP shall be discussed or in any way divulged to anyone outside the chain -of- command. 9. All members must successfully complete entrance requirements. 10. Other rules and regulations may be adopted as appropriate. ENTRANCE REQUIREMENTS 1. Must be enrolled in either California Polytechnic State University or Cuesta Community College, and be carrying a class enrollment of nine or more units. 2. Must be at least 18 years of age. 3. Must make application to SNAP and successfully complete an oral interview board and a modified background investigation. 4. Must be free of misdemeanor and felony convictions. Misdemeanor citations may be excepted on a case -by -case basis. 5. Must possess a valid California drivers license and proof of active motor vehicle insurance. 6. Must be willing to comply with all program rules and regulations. U IC CERTIFIED as true and correct copy ADOPTED at the regular in witness thereof, I have set my hand meeting of the Board of and seal of the Associ ted Students, Inc. Director by vote 117 this �� day of �C �QU� 1992. on 11R rr - � �r� -. V ,1992. Drecfov SecretBo i A pt Chair, Board of Directors Sponsored by: Brent Hultqutst; Vice Chair Board of Directors p:biII9301 IV. V. VI. VII. SNAP TRAINING PROGRAM INTRODUCTION A. Ride -along Indoctrination 1. One 4 -hour ride -along session B. Welcome /Briefing 1. Program Goals and Philosophy C. Police Organizational Structure 1. Structure and Tour LAWS, POLICIES, AND PROCEDURES A. Local B. State C. Program PROCEDURES A. Program. B. Patrol C. Administrative EQUIPMENT AND SAFETY A. Use of Police radios and equipment B. Safe driving Techniques C. Report Writing CITY/A.S.I. PROCEDURES A. Forms B. Risk Management C. Policies COMMUNICATIONS SKILLS A. Interviewing and Contact Skills B. Body Language and Values C. Interpersonal Skills ROLE PLAYING A. Contacts B. Calls C. Crime Prevention 4 hours 1/2 hour 1 -1/2 hours 3 hours 2 hours 6 hours 1 hour 4 hours 4 hours VIII. FIELD TRAININta 8 hours A. Assignment to Field Training Officers TOTAL 34 hours �' "� \U �� �� 1 Y I RESOLUTION NO. 8126 (1993 SERIES) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL DENYING A REQUEST TO AMEND THE OFFICIAL ZONING MAP TO CHANGE THE DESIGNATIONS FROM OFFICE (0) TO O -PD AND FROM MEDIUM -HIGH- DENSITY RESIDENTIAL WITH AN HISTORIC OVERLAY (R -3 -H) TO R- 3 -H -PD ON AFFECTED LOTS IN THE BLOCK BOUND BY OSOS, PISMO, MORRO, AND PACIFIC STREETS. (PD 192 -92) WHEREAS, the Planning Commission and the City Council have held public hearings to consider appropriate zoning for the subject site in accordance with Section 65800 et. seq. of the California Government Code and Chapter 17.62 of the Municipal Code; and WHEREAS, the City Council has considered public testimony, the applicant's request, PD 192 -92, the Planning Commission's action, and staff recommendations and reports. NOW THEREFORE, the City council resolves as follows: SECTION 1. Findings. 1. The proposed rezoning is inconsistent with housing conservation and neighborhood preservation policies in the general plan. Specifically, the rezoning would effectively commit an area zoned for residential use to nonresidential uses. 2. The proposed rezoning is premature due to the pending adoption of an update of the Land Use Element. SECTION 2. Rezoning and Preliminary Development Plan. The requests to amend the official zone map for affected lots in the block bound by Osos, Pismo, Morro, and Pacific streets as shown on Attachment "A", and the request for approval of the preliminary development plan as shown on Attachment "B" are hereby denied. R -8126 Resolution No. 8126 j3 Series) Page 2 On motion of Council Member Roalman , seconded by Mayor Pinard , and on the following roll call vote: AYES: Council-Member Roalman, Mayor Pinard, Council Members Romero, and Settle NOES: None ABSENT: Council Member Rappa the foregoing resolution was passed and adopted this 16th day of February , 1993. r LOT Mayor Peg Pinard ATTEST: Citr� C erk Diane Gladwell By: Kim o on, Assistant City Clerk APPROVED: City A ministrator Attachments: "A" - proposed rezoning "B" - preliminary development plan h v i2 NY 1C ` ego T� O • -� J 01- 1. ° ocb}%o ppOOea °eae0oa ® A - ggc` G`00000°`J' go °sga °o °$g cn 3 Sf4G .t.(, S °oggg e��. eo °o`o ��✓pp\.{i��.`\ � � L� {�T�y,;.�° � � Ct . .0+ ] /° . eg°o° O ° gJ 000° o °' 0°pa.`. ` s i o .°. °°'o a i °$°�C � o°4�o°° n °s° Qne° n o g° gG a e` aO O$'c•''rCG C°e ° °° °e oo:eoO oe oG c $ .° °o`So.o� C° °_� �$cgc $ �$i °Oe °a Oe °° � S1. 00 s °g n oe �acci°eo go° S ....o..° �00 o .e'g$ a g .'c .r,8. 8 •'' /S 3 °�Y °4�°OO °OC °M Og0°OO°°000� ° oGa00]ggOCg`e ° °Y O° -- °OOGOgj�?g�°oj� _ -�ji2 ..g.yg`a aOO�e O° ,CaooO $OO$i °o00$CE '.°CO °OC �C Oc�gO�COi °� j ° <Ep s'e °i sssa`s, s'oG%e ° �$ :2$esGssb =J al $$o°oe $ao$e °o °0000 °ioo °e °o o�4 °e +o °G °o °o °ao °o °o °o °o °o °p° o°oeo °00000 °o °o °o °0p`i° o 000 °e0000e e °oeee °o °e° o`o °ee °e° ooeoe e� ° oo °o °o °a e J l�� r o 0000e$e °o °OpO ° oo °00000 °e oeoeo °p °O° °o °o °e °o °e °o °OpOOOO ° °000e°OOOeo °o �oy�° eooeoo �y e� '3 ee "eeo°$$gOOeeoe °e °e ° °° oe°p^ooee °oe°$°p $° eo$e ° °ee000 oeoeeo °o °g$o° oe $ooeeO°o° o°o°� "Se °o ? 0. p - eoe°$eooeea$o °po 000e°Oeoe eoe °e °$e° a °e ° °o°o °o °e °p ° ° $ °O oOR ..$o°$° ° $e °po ° ° goofs °g 000 0 og$$ggo $$° o oe .. �. . . \ go eeg °° oe00° °o °.000ao °o 00 oa 000goo 00 °tf 9O °o °ee°e °e °e °o °g eae$eoe$o °e °oo °e °o °e °e G 1. ►��fo °fug ee$$a a �$$a n$ >o o °eaeuu $° a a $ ogp$° $� � oo�g ° ° .. ,S Cr`r� "3 ° ao °p u$o °O$$ °ae e$�e ° se oe�cs 3eoo u$ oeaea�ea e $ Dees ry � e oo8ee°e O°$oo 00 $$e °oe °oo °$oo eeo g$Po s ssseeossss$ss or 'GRAPHIC SCALE J ego$$ ee $$a °gee$$ °gg ° °s$ogsg$a$$ggge ooe eoo eaoeo$o °e° °° oou °e °o °eo °Oooe o o� .1 9 0 50 100 200 MN 1 Y. �k y 7 rY 9 a � °° O VICINITY MAP Pp 192 -92 NORTH Existing Zoning _2.J ii is U LL Ff - .. , . 4. 1. - .... jlli I II o =-jj U LL Ff - .. , . 4. 1. - .... jlli I ��� c.�t���i Jt ��� ti ��- , ,�� •�� c.0 13 f ���' , ,yj � � � �� '� RESOLUTION NO. 8100 (1992 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING THE RESULTS OF THE GENERAL ELECTION HELD TUESDAY, NOVEMBER 3, 1992 WHEREAS, a General Muncipal Election was held in the City of San Luis Obispo on the 3rd day of November, 1992, which election. was duly held and conducted in the manner provided by the Charter of the City of San Luis Obispo, and as provided by law for the purpose of voting for the election of a Mayor and two Council Members and Measure H. WHEREAS, under the provisions of City Council Resolution 8028 (1992 Series), the Board of Supervisors was authorized to perform the official canvass of the November 3, 1992 General Municipal Election pursuant to the election laws of the State of California; and WHEREAS, a statement of the results of said election has been duly entered by the City Clerk in the official records of the City. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that: SECTION 1. The whole number of votes cast in said election within the City of San Luis Obispo was 23,056. SECTION 2. The names of the persons voted for, the office for which each person was voted for, the number of votes given at each precinct to each person, and the number of votes for and against Measure H and number of votes at each precinct, are shown by the tabulaton of votes marked Exhibit 'B" and attached hereto, and by this reference incorporated as though fully set forth. SECTION 3. PEG PINARD, the candidate receiving the highest number of votes cast at said election for the office of Mayor, is hereby declared elected to such office for the term prescribed by the City Charter. SECTION 4. DAVE ROMERO AND ALLEN K. SETTLE, the two candidates receiving the highest number of votes cast at said election for the Office of City Council Member, are and each of them is hereby declared elected to such office for the term prescribed by the City Charter. R -8100 1) r- i Resolution No.8100(1992 Series) Page 2 SECTION 5. The City Council does declare and determine that as a result of said election, the majority of the qualified voters voting on the measure did vote in favor of Measure H. SECTION 6. The City Clerk is hereby directed to sign and deliver to each of said Peg Pinard, Dave Romero and Allen K Settle a certificate of election certifying to his /her election to his /her respective office, as hereinbefore set forth. On motion Of Council Member Settle , seconded by Council Member Romero , and on the following roll call vote: AYES: Council Members Settle, Romero, Rappa, Roalman, and Mayor Pinard NOES: None ABSENT: None The foregoing resolution was passed and adopted this 15thday of December, 1992. ATTEST: I)i Gladwell, City Clary t SUN Resolution No. 8100 (1992 Series) APPROVED: City A ffimistrativC Utticef L F P411 JiF -F i lerk Page 3 i� CERTIFICATE I, Diane R. Gladwell, the City Clerk of the City of San Luis Obispo, certify that the following is the final statement of votes cast at the General Municipal Election held in the City of San Luis Obispo, California, on November 3, 1992 1 - Number of registered voters in City: 28,427 2 - Number of votes cast in the City: 23,056 3 - Tabulation of votes by person: FOR MAYOR Peg Pinard 6,872 Jerry Reiss 5,710 Penny Rappa 4,310 Cal Massey 4,064 FOR COUNCIL MEMBER Allen K. Settle 8,489 Dave Romero 7,742 Brent Petersen 7,624 Dodie Williams 5,557 John Lybarger 3,353 David Jeffrey 2,164 David Friend 1,714 Richie Ray Walker 1,011 4 - Tabulation of votes by precinct (See Exhibit "A") r 1 Certificate of November 3, 1992 Election 5 - Tabulation of votes by person (See Exhibit "A") 6 - Tabulation of absentee votes (See Exhibit "A') 7 - Tabulation of votes on Measure H (See Exhibit "B ") Witness my hand and the seal of the City Clerk of San Luis Obispo this 1st day of December, 1992. Page 2 71� aw e aw&L"- I - 06e R. Gladwell; dity Clerk EXHIBIT "A,9 CERTIFICATE OF COUNTY CLERK RESULTS OF CANVASS OF ALL VOTES CAST AT THE GENERAL ELECTION NOVEMBER 3, 1992 CITY OF SAN LUIS OBISPO STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN LUIS OBISPO ) I, FRANCIS M. COONEY, County Clerk- Recorder of the County of San Luis Obispo, do hereby certify that pursuant to law, I did canvass the returns of the votes cast at the General Election held on November 3, 1992, in the City of San Luis Obispo, and that a xerox copy of the Statement of Votes Cast (the original of which is on file in the Office of the County Clerk) to which this certificate is attached, shows the number of votes cast in said City for and against each candidate for the office of Mayor and Member of the City Council, and that the totals shown for and against each candidate for the office of Mayor and Member of the City Council, in said City, and in each of the respective precincts therein, are full, true and correct. WITNESS, my hand and Official Seal this day of November, 1992. F VCOONEY, ou nty Clerk -Rec er SAN LUIS OBISPO COUNTY 6ENERAL ELECTION 11 -3 -92 CITY OF SAN LUIS OBISPO - MAYOR Page 9. 1 Precinct Voters Trnout Pct A B C 0 E F 6 H I J K Precinct Number CN064 1055 740 70.1 42 0 140 249 112 196 1 Precinct Number CN065 946 577 61.0 66 0 94 125. 112 180 0 Precinct Number CN066 982 644 65.6 56 0 115 188 86 198 1 Precinct Number CN067 975 628 64.4 46 0 13B 187 104 151 2 Precinct Number CN068 753 461 61.2 30 1 90 132 37 169 1 Precinct Number CN069 1OB5 735 67.7 60 0 139 155 127 252 1 Precinct Number CN070 1112 757 68.1 67 2 116 160 144 266 2 Precinct Number CN071 987 685 69.4 66 0 125 105 76 311 2 Precinct Number CN072 924 594 64.3 71 1 112 92 105 212 0 Precinct Number CN073 990 681 68.8 48 4 137 153 120 219 1 Precinct Number CN074 722 452 62.6 38 0 97 101 86 129 1 Precinct Number CN075 900 574 63.8 45 2 91 134 158 141 3 Precinct Number CN076 787 498 63.3 39 1 135 115 78 130 0 Precinct Number CN077 810 555 6B.5 49 3 91 133 108 170 1 Precinct Number CN078 908 632 69.6 48 0 122 142 141 178 1 Precinct Number CN079 903 626 69.3 57 1 127 145 142 153 1 Precinct Number CN080 791 531 67.1 33 0 122 138 90 148 0 Precinct Number CN081 836 589 70.5 42 2 104 182 96 163 0 Precinct Number CN096 982 677 68.9 37 0 167 191 113 167 2 Precinct Number CN097 495 367 74.1 17 0 104 130 36 79 1 Precinct Number CN145 1094 767 70.1 84 2 143 193 108 238 0 Precinct Number CN146 1048 697 66.5 76 2 149 118 114 235 3 Precinct Number CN147 980 616 62.9 70 2 120 145 77 200 2 Precinct Number CN148 911 487 53.5 35 0 95 103 78 177 0 Precinct Number CN149 982 638 65.0 75 1 99 135 129 199 0 Precinct Number CN150 880 593 67.4 58 3 93 101 132 204 2 Precinct Number CN151 1248 B50 68.1 122 1 138 181 177 228 2 Precinct Number CN152 1259 B03 63.B 96 1 -149 174 146 235 2 Precinct Number CN153 1045 676 64.7 89 1 83 222 113 167 1 Precinct Number CN154 959 644 67.2 51 1 115 166 80 230 1 Absentee Number ABS064 0 244, 0.0 12 2 40 109 42 37 0 Absentee Number ABS065 0 178 0.0 21 0 24 44 37 52 0 Absentee Number ABS066 0 183 0.0 19 1 30 65 26 46 0 Absentee Number ABS067 0 231 0.0 16 0 41 82 46 45 0 Absentee Number ABS068 0 181 0.0 4 1 27 83 23 43 0 Absentee Number ABS069 0 150 0.0 B 2 17 35 42 46 0 Absentee Number A9S070 0 127 0.0 10 0 29 16 22 50 0 Absentee Number ADS671 0 90 0.0 6 0 20 25 14 25 0 Absentee Number ABS072 0 93 0.0 13 2 10 21 18 28 1 A. MAYOR SAN LUIS OBISPO Blank Votes B:. MAYOR SAN LUIS OBISPO Over Votes C: MAYOR SAN LUIS OBISPO PENNY RAPPA ; COLUMN L E 6 E N D D: MAYOR 6: MAYOR SAN LUIS OBISPO SAN LUIS OBISPO JERRY REISS Nritein Votes E: MAYOR H: SAN LUIS OBISPO CAL MASSEY F: MAYOR I: SAN LUIS OBISPO PE6.PINARD J: K: L: C �? SAN LUIS OBISPO COUNTY GENERAL ELECTION 11 -3 -92 CITY OF SAN LUIS OBISPO - MAYOR Precinct D: MAYOR 6: MAYOR J: Voters Trnout Pct A B C D E F 6 H Absentee Number ABS073 0 113 0.0 10 0 16 34 18 34 1 Absentee Number ABS074 0 140 0.0 8 0 39 31 32 30 0 Absentee Number ABS075 0 167 0.0 .14 0 36 37 45 35 0 Absentee Number ABS076 0 187 0.0 4 0 52 46 42 41 2 Absentee Number ABS077 0 99 0.0 5 0 16 20 32 25 1 Absentee Number ABS079 0 113 0.0 10 0 22 29 20 32 0 Absentee Number ABS079 0 124 0.0 7 1 27 31 32 26 0 Absentee Number ABS080 0 209 0.0 6 0 43 57 42 61 0 Absentee Number ABSOBI 0 130 0.0 9 0 16 43 27 34 1 Absentee Number ABS096 0 174 0.0 3 1 40 45 25 60 0 Absentee Number ABS097 0 86 0.0 1 1 29 25 11 18 0 Absentee Number ABS145 0 85 0.0 10 0 7 27 16 25 0 Absentee Number ABS146 0 132 0.0 18 1 25 21 28 37 2 Absentee Number ABS147 0 148 0.0 13 1 22 47 18 45 2 Absentee Number ABS148 0 237 0.0 17 3 38 55 3B 86 0 Absentee Number ADS149 0 106 0.0 13 0 10 25 26 32 0 Absentee Number ABS150 0 127 0.0 6 1 24 35 31 29 1 Absentee Number ABS151 0 90 0.0 2 0 12 33 22 24 0 Absentee Number ABS152 0 58 0.0 4 0 5 9 20 15 0 Absentee Number ABS153 0 40 0.0 1 1 6 12 10 9 1 Absentee Number ABS154 0 171 0.0 11 0 25 48 26 61 0 Absentee Number SL524 78 69 88.5 4 0 12 25 6 22 0 Precinct Totals 28349 18774 66.2 1713 31 3550 4495 3225 5725 34 Absentee Totals 78 4282 tttlt 290 18 760 1215 839 1147 12 =0 Total Votes 28427 23056 81.1 2003 49 4310 5710 4064 6872 46 COLUMN LEGEND A: MAYOR D: MAYOR 6: MAYOR J: SAN LUIS OBISPO SAN LUIS OBISPO SAN LUIS OBISPO Blank Votes JERRY REISS Writein Votes 8: MAYOR E: MAYOR H: K: SAN LUIS OBISPO SAN LUIS OBISPO Over Votes CAL HASSEY C: MAYOR F: MAYOR,;„ I: L: SAN LUIS OBISPO SAN.ILWIS..OBISPO PENNY.RAPPA PE6PINARD Page 9. 2 I J K O SAN LUIS OBISPO COUNTY GENERAL ELECTION 11 -3-92 CITY OF SAN LUIS OBISPO - MAYOR Page 9. R E C A P Voters Tmout Pct A - B C - - -- - D - - - -- - E - - - -- - - F -- -- - - 6 H I - --- - - - - -- - - -- -- ----------------- - - - --- TOTAL DIST 1 SUPERVISOR - - - - -- •0 - - - --- 0 - -- -- - - 0.0 -- -- - 0 - - -- -- 0 0 0 0 0 0 TOTAL DIST 2.SUPERVISOR 1055 984 93.3 54 2 180 358 154 233 1 TOTAL DIST 3 SUPERVISOR 15411 12734 82.6 1031 24 2420 3086 2330 3817 23 TOTAL DIST 4 SUPERVISOR 1477 1304 88.3 58 2 340 391 185 324 3 TOTAL DIST 5 SUPERVISOR 10484 8034 76.6 860 21 1370 1875 1395 2498 19 TOTAL VOTERS 28427 23056 81.1 2003 49 4310 5710 4064 6872 46 CONGRESSIONAL DIST 22 28427 23056 81.1 2003 49 4310 5710 4064 6872 46 STATE SENATOR DIST 18 28427 23056 81.1 2003 49 4310 5710 4064 6872 46 ASSEMBLY DISTRICT 33 28427 23056 81.1 2003 49 4310 5710 4064 6872 46 CITY OF ARROYO GRANDE 0 0 0.0 0 0 0 0 0 0 0 CITY OF GROVER CITY 0 0 0.0 0 0 0 0 0 0 0 CITY OF MORRO BAY 0 0 0.0 0 0 0 0 0 0 0 CITY OF PASO ROBLES 0 0 0.0 0 0 0 0 0 0 0 CITY OF SAN LUIS OBISPO 28427 23056 81.1 2003 49 4310 5710 4064 6872 46 CITY OF PISMO BEACH 0 0 0.0 0 0 0 0 0 0 0 CITY OF ATASCADERO 0 0 0.0 0 0 0 0 0 0 0 UNINCORPORATED 0 0 0.0 0 0 0 0 0 0 0 ABSENTEES PCT TOTALS 78 4282 ttltt 290 18 760 1215 839 1147 12 TOTAL VOTERS 28427 23056 81.1 2003 49 4310 5710 4064 6872 46 --=---=--=-=---- ---= --- ----------- ------- - - - - -- C 0 L U M N L E G E N D ----------- - - - - -- A: MAYOR D: MAYOR 6: MAYOR J: SAN LUIS OBISPO SAN LUIS OBISPO SAN LUIS OBISPO Blank Votes JERRY REISS Mritein Votes B: MAYOR E: MAYOR H: K. SAN LUIS OBISPO SAN LUIS OBISPO Over Votes CAL MASSEY C: MAYOR F: MAYOR. I: L:_ SAN LUIS OBISPO SAN LUIS•OBISPO PENNY RAPPA PEG PINARD . J K SAN LUIS OBISPO COUNTY GENERAL ELECTION 11 -3 -92 CITY OF SAN LUIS OBISPO - MEMBER, CITY COUNCIL Precinct --- -------------- J - - - - -- Voters Trnout Pct A B C D E F 6 H Precinct Number CN064 - - - - -- 1055 - - - - -- 740 - - - -- - 70.1 - - - -- -- 42 - - -- - 0 - -- -- - 48 - - - -- - 44 - - - -- - .267 -- -- -- 330 - - -- - 95 - - - -- 205 Precinct Number CN065 946 577 61.0 71 0 63• 80 189 188 96 143 Precinct Number CN066 982 644 65.6 60 2 38 56 212 245 117 144 Precinct Number CN067 975 628 64.4 48 1 33 64 217 276 68 170 Precinct Number CN068 753 461 61.2 30 0 24 27 172 191 72 130 Precinct Number CN069 1085 735 67.7 68 1 50 102 269 198 86* 299 Precinct Number CN070 1112 757 68.1 75 3 74 86 239 203 106 268 Precinct Number CN071 987 685 69.4 64 3 36 50 281 159 111 318 Precinct Number CN072 924 594 64.3 85 0 39 56 192 136 87 206 Precinct Number CN073 990 681 68.8 55 2 47 75 216 218 102 .236 Precinct Number CN074 722 452 62.6 38 1 37 37 155 167 67 113 Precinct Number CN075 900 574 63.8 56 2 78 67 165 210 86 130 Precinct Number CN076 181 498 633 44 0 27 61 165 179 78 125 Precinct Number CN077 810 555 68.5 38 1 57 58 .251 160 78 206 Precinct Number CN078 908 632 69.6 41 0 .64 55 273 200 75 216 Precinct Number CN079 903 626 69.3 64 2 55 77 223 217 69 173 Precinct Number CN080 791 531 67.1 38 1 26 50 201 212 69 123 Precinct Number CN081 836 589 70.5. 42 2 30 58 206 242 84 144 Precinct•Number CN096 982 677 68.9 37 2 57 97 198 276. 138 133 Precinct Number CN097 495 367 74.1 14 0 33 24 106 195 55 73 Precinct Number CN145 1094 767 70.1 68 1 32 48 341 174 90 408 Precinct Number CN146 1048 697 66.5 70 2 41 55 271 159 105 333 Precinct Number CN147 980 616 62.9 79 0 39 40 227 171 B6 226 Precinct Number CN148 911 487 53:5 37 1 31 35 199 172 69 171 Precinct Number CN149 982 638 65.0 78 1 63 44 262 155 86 261 Precinct Number CN150 880 593 67.4 51 2 55 47 238 171 98 220 Precinct Number CN151 1248 B50 68.1 112 2 71 76 328 175 84 451 Precinct Number CN152 1259 803 63.8 81 1 45 44 335 133 82 522 Precinct Number CN153 1645 676 64.7 72 2 32 50 317 106 45 448 Precinct Number CN154 959 644 67.2 52 0 30 30 289 185 102 272 Absentee Number ABS064 0 244 0.0 11 0 22 13 70 150 29 34 Absentee Number ABS065 0 178 0.0 14 1 24 30 66 72 37 14 Absentee Number ABS066 0 183 0.0 20 1 23 20 52 77 28 32 Absentee Number ADS067 0 231 0.0 17 1 17 32 77 123 29 33 Absentee Number ABS068 0 181 0.0 7 0 1 13 45 117 28 25 Absentee Number ABS069 0 150 0.0 9 2 15 28 44 64 33 32 Absentee Number ABS070 0 127 0.0 10 0 11 17 39 40 33 34 Absentee Number ABS071 0 90 0.0 7 0 6 7 33 43 12 28 Absentee. Number ABS072 0 93 0.0 11 0 3 8 27 36 25 16 A: HER CITY COUNCIL SAN LUIS OBISPO Blank Votes B: HER CITY COUNCIL SAN LUIS OBISPO Over Votes Page 10. 1 I J K 8 276 1 40 103 0 28 199 3 25 203 0 11 160 0 36 144 4 54 156 0 23 129 2 41 117 1 35 170 1 22 138 2 52 118 2 31 157 1 24 92 0 49 122 0 31 147 1 24 172 0 33 187 1 34 235 1 13 161 1 26 113 1 22 110 4 18 135 7 it 120 1 29 106 0 27 118 2 18 80 2 12 52 2 7 59 4 23 136 3 9 103 . 0 9 44 0 12 50 6 5 85 0 9 86 1 7 33 1. 7 35 0 2 23 0 8 25 2 C O L U M N L E 6 E N D ------------------ ---- ------=-----=-=- ---= - - - - -- - D: HER CITY COUNCIL SAN LUIS OBISPO DAVID ALLEN JEFFREY E: HER CITY COUNCIL SAN LUIS OBISPO ALLEN K. SETTLE 6: HER CITY COUNCIL SAN LUIS OBISPO JOHN LYBARGER H: HER CITY COUNCIL SAN LUIS OBISPO BRENT PETERSEN C: HER CITY COUNCIL F: HER CITY COUNCIL I: HER CITY COUNCIL SAN LUIS OBISPO SAN LUIS OBISPO SAN,LUIS OBISPO' DAVID.R. FRIEND DAVE,RONE6O • RICHIE.BAYINALKER J: HER CITY COUNCIL SAN LUIS OBISPO DODIE WILLIAMS K. NBR CITY COUNCIL SAN LUIS OBISPO Nritein Votes L: ( i i J SAN LUIS OBISPO COUNTY GENERAL ELECTION 11-3 -92 CITY OF .SAN LUIS OBISPO - MEMBER, CITY COUNCIL Page 10. 2 Precinct Voters Trnout Pct A B C D E F 6 H 1 J K Absentee Number ABS073 0 113 0.0 16 0 12 20 27 49 18 14 8 31 1 Absentee Number ABS074 0 140 0.0 7 0 12 16 47 66 23 14 5 59 0 Absentee Number ABS075 0 167 0.0 14 0 27 33 57 73 27 15 13 36 0 Absentee Number ABS676 0 187 0.0 4 0 7 30 70 97 40 29 6 65 0 Absentee Number ABS077 0 99 0.0 5 0 11 13 44 45 17 11 9 19 0 Absentee Number ABS078 0 113 0.0 6 0 10 13 49 38 20 27 7 34 0 Absentee Number ABS079 0 124 0.0 8 0 14 9 48 52 14 22 6 44 0 Absentee Number ABS080 0 209 0.0 B 0 6 18 87 98 34 40 6 78 1 Absentee Number ABS081 0 130 0.0 7 0 9 10 53 66 25 19 3 38 0 Absentee Number ABS096 0 174 0.0 9 0 12 17 42 88 37 34 8 69 1 Absentee Number ABS097 0 86 0.0 1 1 6 6 27 43 13 9 2 44 0 Absentee Number ABS145 0 85 0.6 7 0 7 11 35 28 8 24 2 21 0 Absentee Number ABS146 0 132 0.0 12 0 13 20 29 47 34 29 7 34 1 Absentee Number A85147 0 .148 0.0 16 0 10 11 49 57 33 28 8 42 0 Absentee Number ABS148 0 237 0.0 19 0 23 24 101 104 52 38 7 53 0 Absentee Number ABS149 0 106 0.0 B 0 7 12 39 47 28 24 4 17 1 Absentee Number ABS150 0 127 0.0 4 0 16 10 46 61 19 19 12 40 0 Absentee Number ADS151 0 90 0.0 5 0 9 12 41 36 5 29 4 23 0 Absentee Number ABS152 0 58 0.0 7 0 7 5 26 9 11 20 6 4 0 Absentee Number ABS153 0 40 0.0 0 0 3 1 15 12 6 22 1 6 1 Absentee Number ABS154 0 171 0.0 11 0 12 9 69 67 40 26 8 66 0 Absentee. Number SL524 78 69 88.5 1 0 4 3 31 34 9 11 3 35 0 =_> Precinct Totals 28349 18774 66.2 1710 35 1355 1693 7004 5803 2586 6867 808 4215 47 _ => Absentee Totals 78 4282 ttttt 281 6' 359 471 1485 1939 767 757 203 1342 10 =_> Total Votes 28427 23056 81.1 1991 41 1714 2164 8489 7742 3353 7624 1011 5557 57 COLUMN L E 6 E N D A: MBR CITY COUNCIL D: MBR CITY COUNCIL SAN LUIS OBISPO SAN LUIS OBISPO Blank Votes DAVID ALLEN JEFFREY G: MBR CITY COUNCIL SAN LUIS 091SPO JOHN LYBARGER H: MBR CITY COUNCIL SAN LUIS OBISPO BRENT PETERSEN 1:.., moil CITY COUNCIL SAN:.LUIS OBI5P0, RICHIE RAY-NALKER' J: MBR CITY COUNCIL SAN LUIS OBISPO DODIE WILLIAMS K: MBR CITY COUNCIL SAN LUIS'DBISPO Nritein Votes Lc B: MBR CITY COUNCIL E: MBR CITY COUNCIL SAN LUIS OBISPO SAN LUIS OBISPO Over Votes ALLEN K. SETTLE C: MBR CITY COUNCIL F: MBR CITkOUNCIL` SAN LUIS OBISPO SAN LUIS`OBISPO- DAVID_R..FRIEND, DAYE`.RUMERO .: . . G: MBR CITY COUNCIL SAN LUIS 091SPO JOHN LYBARGER H: MBR CITY COUNCIL SAN LUIS OBISPO BRENT PETERSEN 1:.., moil CITY COUNCIL SAN:.LUIS OBI5P0, RICHIE RAY-NALKER' J: MBR CITY COUNCIL SAN LUIS OBISPO DODIE WILLIAMS K: MBR CITY COUNCIL SAN LUIS'DBISPO Nritein Votes Lc SAN LUIS OBISPO COUNTY GENERAL ELECTION 11-3 -92 CITY OF SAN LUIS OBISPO - MEMBER, CITY COUNCIL Page 10. R E C A P ---------- Voters - Trnout - - Pct A --- - -- - B - - - -- C - - - - -- - D - - - -- E - -- - F 6 H I J - - -------- - - - - -- TOTAL DIST 1 SUPERVISOR -- --- 0 - - -- 0 - - - -- 0.0 0 0 0 0 -- 0 - - - - -- 0 - - - - -- 0 - - - - -- 0 - - - - -- 0 - - -- 0 TOTAL DIST 2 SUPERVISOR 1055 984 93.3 53 0 70 57 337 480 124 239 17 379 TOTAL DIST 3 SUPERVISOR 15411 12734 82.6 1087 26 986 1376 4491 4557 1894 3549 682 3299 TOTAL DIST 4 SUPERVISOR 1477 1304 88.3 61 3 108 144 373 602 243 249 57 509 TOTAL DIST 5 SUPERVISOR 10464 8034 76.6 790 12 550 587 3288 2103 1092 3587 255 1370 TOTAL VOTERS 28427 23056 81.1 1991 41 1714 2164 8489 7742 3353 7624 1011 5557 CONGRESSIONAL DIST 22 28427 23056 81.1 1991 41 1714 2164 8489 7742 3353 7624 1011 5557 STATE SENATOR DIST 18 28427 23056 81.1 1991 41 1714 2164 8489 7742 3353 7624 1011 5557 ASSEMBLY DISTRICT 33 28427 23056 81.1 1991 41 1714 2164 8489 7742 3353 7624 1011 5557 CITY OF ARROYO GRANDE 0 0 0.0 0 0 0 0 0 0 0 0 0 0 CITY OF GROVER CITY 0 0 0.0 0 0 0 0 0 0 0 0 0 0 CITY OF MORRO BAY 0 0 0.0 0 0 0 0 0 0 0 0 0 0 CITY OF PASO ROBLES 0 0 0.0 0 0 0 0 0 0 0 0 0 0 CITY OF SAN LUIS OBISPO 28427 23056 81.1 1991 41 1714 2164 8489 7742 3353 7624 1011 5557 CITY OF PISMO BEACH 0 0 0.0 0 0 0 0 0 0 0 0 0 0 CITY OF ATASCADERO 0 0 0.0 0 0 0 0 0 0 0 0 0 0 UNINCORPORATED 0 0 0.0 0 0 0 0 0 0 0 0 0 0 ABSENTEES PCT TOTALS 78 4282 ttttt 281 6 359 471 1485 1939 767 757 203 1342 TOTAL VOTERS 28427 13056 81.1 1991 41 1714 2164 8489 7742 3353 7624 1011 5557 A: MBR CITY COUNCIL SAN LUIS OBISPO Blank Votes B: MBR CITY COUNCIL SAN LUIS OBISPO Over Votes C: MBR CITY COUNCIL SAN LUIS OBISPO DAVID R. FRIEND --------- - - - - -- C 0 L U M N L E G E N D -- ------------ ---------- ---------=----==--------- D: MBR CITY COUNCIL 6: MBR CITY COUNCIL J: MBR CITY COUNCIL SAN LUIS OBISPO SAN LUIS OBISPO SAN LUIS OBISPO DAVID ALLEN JEFFREY JOHN LYBARGER DODIE WILLIAMS E: MBR CITY COUNCIL H: MBR CITY COUNCIL K: MDR CITY COUNCIL SAN LUIS OBISPO, SAN LUIS 0BISPO SAN LUIS OBISPO ALLEN K. SETTLE BRENT PETERSEN Nritein Votes F: MBR CITY COUNCIL I: MBR CITY COUNCIL L: SAN LUIS OBISPO SAN.LUIS:,OBISPO DAVE RONERO RICHIE,RAY NALKER CERTIFICATE OF THE COUNTY CLERK RESULTS OF CANVASS OF ALL VOTES CAST AT THE GENERAL ELECTION NOVEMBER 3, 1992 CITY OF SAN LUIS OBISPO MEASURE "H" STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN LUIS OBISPO ) I, FRANCIS M. COONEY, County Clerk- Recorder of the County of San Luis Obispo, do hereby certify that pursuant to law I did canvass the returns of the votes cast at the above referenced election in said City on November 3, 1992, and that axerox copy of the Statement of Votes Cast (the original of which is on file in the Office of the County Clerk) to which this certificate is attached, shows the number of votes cast in said City for and against said Measure "H ", and that the totals shown for and against said Measure "H" in said City, and in each of the respective precincts therein, are full, true and correct. MEASURE "H ": "Shall Resolution 8001 authorizing the execution and delivery of a Water Supply Agreement and Water Treatment and Local Facilities Agreement and authorizing certain other actions for participation in the State Water Project be repealed ?" WITNESS, my hand and Official Seal this o� day of November, 1992. FRANCI M. COONEY, unty Clerk -R i n SAN LUIS OBISPO COUNTY GENERAL ELECTION 11 -3 -92 MEASURE H - REFERENDUM STATE WATER Precinct - --- -'- =---=------ Voters - =- Trnout Pct A B C D Precinct Number - - - - -- CN064 - - - 1055 - - - --- 740 - - --- -- 70.1 - - -- - - 58 - - -- - 0 -- - -- - 325 - - - -- 357 Precinct Number CN065 946 577 61.0 65 0 296 216 Precinct Number CN066 982 644 65.6 48 1 309 2B4 Precinct Number CN061 975 628 64.4 45 0 296 287 Precinct Number CN068 753 461 61.2 21 1 241 197 Precinct Number CN069 1085 135 67.7 73 1 399 260 Precinct Number CN070 1112 757 6B.1 60 0 428 269 Precinct Number CN071 987 685 69.4 73 0 406 206 Precinct Number CN072 924 594 64.3 61 0 331 201 Precinct Number CN073 990 681 68.8 59 1 377 245 Precinct Number CN074 722 452 62.6 35 0 216 201 Precinct Number CN075 900 574 63.8 55 3 275 241 Precinct Number CN076 787 498 63.3 50 0 .229 217 Precinct Number CN077 810 555 68.5 65 0 272 219 Precinct Number CN078 90B 632 69.6 50 0 323 258 Precinct Number CN079 903 626 69.3 63 0 273 290 Precinct. Number CNOBO 791 531 67.1 47 0 244 240 Precinct Number CN081 836 589 70.5 42 0 283 264 Precinct. Number CN096 982 677 68.9 39 0 298 340 Precinct Number CN097 495 367 74.1 15 0 162 190 Precinct Number CN145 1094 767 70.1 99 0 413 255 Precinct Number CN146 1048 697 66.5 99 0 372 225 Precinct Number CN147 980 616 62.9 58 1 318 239 Precinct Number CN148 911 487 53.5 35 0 265 188 Precinct Number CN149 982 638 65.0 B4 0 322 232 Precinct Number CN150 880 593 67.4 52 0 331 210 Precinct Number CN151 1248 850 68.1 132 0 434 283 Precinct Number CN152 1259 803 63.8 126 0 422 255 Precinct Number -CN153 1045 676 64.7 86 0 384 206 Precinct Number CN154 959 644 67.2 53 1 370 219 Absentee Number ABS064 0 244 0.0 13 1 92 136 Absentee. Number ABS065 0 178 0.0 21 0 69 88 Absentee Number ABS066 0 183 0.0 22 0 67 94 Absentee Number ABS067 0 231 0.0 23 0 76 131 Absentee.Number ABS068 0 181 0.0 9 0 52 120 Absentee. Number ASS069 0 150 0.0 5 1 75 69 Absentee Number ABS070 0 127 0.0 13 0 61 52 Absentee Number ABS071 0 90 0.0 9 0 49 32 Absentee Number ABS072 0 93 0.0 10 0 43 40 A: CITY MEASURE H CITY OF SLO REFERENDUM Blank Votes B: CITY MEASURE H CITY OF SLO REFERENDUM Over Votes C: CITY MEASURE H CITY OF SLO REFERENDUM YES COLUMN LEGEND E F 6 H D: CITY MEASURE H G: J: CITY OF SLO REFERENDUM NO E: H: F: I: L: Page 52. 1 I J K C 4� SAN LUIS OBISPO COUNTY GENERAL ELECTION 11 -3 -92 MEASURE H - REFERENDUM STATE WATER Page 52. 2 Precinct Voters Trnout Pct A B -- C - - - - -- - D E F 6 H I 1 K - -- -- - - - - -- - - - --- - - - - -- - - - - -- - -- - ------------------ Absentee Number - - - - -- ABS073 -- - - -- 0 - - - - -- 113 - -- -- - 0.0 - -- -- - - 17 - - 0 50 -- - - - - -- - - - - -- - - -- 46 Absentee Number ABS074 0 140 0.0 5 0 54 81 Absentee Number AB5075 0 167 0.0 12 0 68 88 Absentee Number ABS076 0 187 0.0 16 0 59 112 Absentee Number ABS077 0 99 0.0 4 0 44 51 Absentee Number ABS078 0 113 0.0 5 0 48 60 Absentee Number ABS079 0 124 0.0 17 0 42 65 Absentee Number ABS080 0 209 0.0 5 2 80 122 Absentee Number ABS081 0 130 0.0 13 0 58 59 Absentee Number ABS096 0 174 0.0 13 4 70 87 Absentee Number ABS097 0 86 0.0 1 0 34 50 Absentee Number ABS145 0 85 0.0 10 0 39 35 Absentee Number ABS146 0 132 0.0 17 1 68 46 Absentee Number ABS147 0 148 0.0 9 1 72 66 Absentee Number ABS148 0 237 0.0 19 0 104 114 Absentee Number AB5149 0 106 0.0 7 0 51 48 Absentee Number ABS150 0 127 0.0 8 0 59 60 Absentee Number ABS151 0 90 0.0 11 0 51 31 Absentee Number ABS152 0 58 0.0 11 0 31 16 Absentee Number ABS153 0 40 0.0 3 0 20 17 Absentee Number ABS154 0 171 0.0 8 2 89 72 Absentee Number SL524 78 69 8B.5 4 1 22 41 Precinct Totals 28349 18774 66.2 1848 9 9614 7294 Absentee Totals 78 4282 $It$$ 340 13 1797 2129 = =1 Total Votes 28427 23056 81.1 2188 22 11411 9423 A: CITY MEASURE H CITY` OF SLO REFERENDUM Blank Votes B: CITY MEASURE H CITY OF SLO REFERENDUM Over Votes C_: CITY MEASURE H CITY OF SLO REFERENDUM YES --------- - - - - -- C 0 L U M N L E 6 E N D ------------------------ D: CITY MEASURE H 6: J: CITY OF SLO REFERENDUM NO E: H: . K: F L. SAN LUIS OBISPO COUNTY GENERAL ELECTION 11 -3 -92 MEASURE H - REFERENDUM STATE WATER R E C A P Voters Trnout Pct A B C D E ---------- -------- - -- - -- TOTAL DIST I SUPERVISOR - - - - -- 0 - - - - -- 0 - - --- - 0.0 - - - -- - 0 - - - -- 0 - - - - -- 0 - -- - -- - - - - -- - - -- 0 TOTAL DIST 2 SUPERVISOR 1055 984 93.3 71 1 417 493 TOTAL DIST 3 SUPERVISOR 15411 12734 82.6 1118 10 6193 5405 TOTAL DIST 4 SUPERVISOR 1477 1304 88.3 68 4 564 667 TOTAL DIST 5 SUPERVISOR 10484 8034 76.6 931 7 4237 2858 TOTAL VOTERS 28427 23056 81.1 2188 22 11411 9423 CONGRESSIONAL DIST 22 2B427 23056 81.1 2188 22 11411 9423 STATE SENATOR DIST 18 28427 23056 81.1 2188 22 11411 9423 ASSEMBLY DISTRICT 33 2B427 23056 81.1 2188 22 11411 9423 CITY OF ARROYO GRANDE 0 0 0.0 0 0 0 0 CITY OF GROVER CITY 0 0 0.0 0 0 0 0 CITY OF MORRO BAY 0 0 0.0 0 0 0 0 CITY OF PASO ROBLES 0 0 0.0 0 0 0 0 CITY OF SAN LUIS OBISPO 28427 23056 81.1 2188 22 11411 9423 CITY OF PISMO BEACH 0 0 0.0 0 0 0 0 CITY OF ATASCADERO 0 0 0.0 0 0 0 0 UNINCORPORATED 0 0 0.0 0 0 0 0 ABSENTEES PCT TOTALS 78 4282 It## 340 13 1797 2.129 TOTAL VOTERS 28427 23056 81.1 2188 22 11411 4423 A: CITY MEASURE H CITY OF SLO REFERENDUM Blank Votes B: CITY MEASURE H CITY OF SLO REFERENDUM Over Votes C: CITY MEASURE H CITY OF SLO REFERENDUM YES Paqe 52. F 6 H 1 J K --------- - -- - -- C O L U M N L E G E N D ---------- -- _- _----- _------ - - - = - =- D: CITY MEASURE H G. J: CITY OF SLO REFERENDUM NO E: H: K: F: I: L: RESOLUTION NO. 8125 (1993 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S ACTION, THEREBY APPROVING SCHEMATICALLY A CHURCH ON THE EAST SIDE OF JOHNSON AVENUE, NORTH OF GENERAL HOSPITAL (ARC 162 -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 applicant's request for approval of a church (ARC 162 -92), the appellant's statements, the Architectural Review Commission's action, staff recommendations and reports thereon, makes the following findings: The proposed project will not adversely affect the health, safety and welfare of persons living or working at the site or in the vicinity. 2. The Community Development Director has determined that the proposed project, as amended by mitigation, will not have a significant effect on the environment and has granted a negative declaration. The City Council hereby affirms this action. 3. There is no substantial evidence that approval of this project 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 has been degraded downstream and is not judged to be a significant riparian corridor, 2) adequate buffer area has been provided for those portions of the creek corridor where riparian vegetative growth is immature and has good potential to expand; and (3) the lot is an 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 varying setback provided and the additional planting on the site with native, riparian species, is. such an alternative approach. Therefore, the Administrative Creek Policy has been followed. 4. The existence of a public controversy over the environmental effects of the project does not require the preparation of an environmental impact report R -8125 Resolution No ARC 162 -92: Page 2 8125 (1993 Series) 2070 Fixlini Street because there is no substantial evidence before this Council that the project may have a significant effect on the environment. 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. (Pe_rley, supra, 137 Cal.App.3d at 436; Newbegy Springs v. San Bernard_ ino (1984),. 150 Cal.App.3d 740, 749, 198 Cal.Rptr. 100, 105.)' 5. The proposed church's setback from the creek and from the riparian vegetation is consistent with other creek setbacks approved by the City in the vicinity. SECTION 2. Mitigation modified. The City Council hereby modifies the environmental initial study by changing mitigation measure #6 to read: 6. The lower parking lot shall be set back a minimum of 20' from the existing riparian vegetation. The building and upper parking lot shall maintain the setbacks from the riparian vegetation shown on plans submitted to the Community Development Department December 14, 1992. SECTION 3. Appeal denied. The appeal of the Architectural Review Commission's action is hereby denied, and the church is schematically approved with direction as given by the Architectural Review Commission, as modified by the above mitigation measure. Council On motion of Council Member Roalman seconded by Member Settle and on the following roll call vote: AYES: Council Members Roalman, Settle, and Mayor Pinard NOES: Council Member Romero ABSENT: Council Member Rappa the foregoing resolution was passed and adopted this 16th day of Few, 1993. r Resolution No.8125 (1993 Series) ARC 162 -92: 2070 Fixlini Street Page 3 Mayor eg Pinard ATTEST: C' y lerk Diane Gladw City dministrative Officer { J