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HomeMy WebLinkAbout8675-8699RESOLUTIONNO. 8699 (1997Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN APPEAL OF THE PLANNING COMMISSION'S ACTION, THEREBY APPROVING USE OF A DRIVE - THROUGH WINDOW AT 297 MADONNA ROAD. (OTHER 69 -97) WHEREAS, the Planning Commission conducted a public hearing on June 11, 1997 and denied an appeal of the Director's interpretation, thereby denying use of an existing drive - through window for an automatic teller machine; and WHEREAS, the applicant filed an appeal of that action; and WHEREAS, the City Council conducted a public hearing on July 15, 1997 and has considered testimony of interested parties, the records of the Planning Commission hearing and action, and the evaluation and recommendation of staff, and WHEREAS, the City Council has determined that the project is categorically exempt under Section 15301, Class 1 of the California Environmental Quality Act, because it is the use of an . existing facility with no significant expansion of that use; BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: SECTION 1. Findines. That this Council, after consideration of the application Other 69- 97, and the Planning Commission's action, the appellants' statements, staff recommendations, public testimony, and reports thereof, makes the following finding: [COUNCIL INSERT FINDING] SECTION 2. Appeal approved.. The request for use of an existing drive- through for an automatic teller machine is hereby approved, and therefore the Planning Commission's action is overturned. On motion of Romero seconded by Williams and on the following roll call vote: AYES: Council Members Romero, Williams,& Mayor Settle NOES: Council Members Roalman and Smith ABSENT: None the foregoing resolution was adopted this 15th day of Jules, 1997. T %!f / Resolution no. 8699 (1997 Series) Other 69 -97 appeal 297 Madonna Road Pone 7 ATTEST: = 6 1.- 1 APPROVED AS TO FORM: �, �z % n � ._- -- n G��� ���� L �: ��� �, .. RESOLUTIONNO. 8698 (1997SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING FUNDING TO THIRTY -EIGHT AGENCIES IN THE AMOUNT OF $89,400 FOR FISCAL YEAR 1997 -98 THROUGH THE HUMAN RELATIONS COMMISSION WHEREAS, the City of San Luis Obispo supports non -profit agencies which provide human and social services to the residents of the City of San Luis Obispo through its annual Grants- In -Aid process; and WHEREAS, funding for the Human Relations Commission Grants -In -Aid program has been included in the 1997 -99 Financial Plan for the City of San Luis Obispo; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That agencies attached hereto and marked Attachment 1 shall be provided funding as is designated in the same attachment. SECTION 2. The staff is directed to prepare a contract for each agency identified in Attachment 1, and the CAO is authorized to execute such contracts. Upon motion of Romero , seconded by Williams and on the following roll call vote: AYES: Council Members Romero, Williams, Roalman:and,.Mayor Settle NOES: None ABSENT: Council Member Smith (not participating) Resolution No. 8 6 9 8 (1997 Series) the foregoing resolution was adopted this 15'h day of July, 1997. Mayor Allen ATTEST: e4la:M.'4ca )j6nnie L. Ga , City lerk APPROVED AS TO FORM: � a4,, �,i3 - Cam+ -,��✓ -In CiAttorney TOTAL 1997 -98 TOTAL AVAILABLE a.MC07.8mq 87 400 $ 92,100 180 718 90 800. ATTACHM ENT #1 " I � 1997 -98 GRANTS -IN-AL, AGENCIES J 1996 -97 1997 -98 1997 -98 AGENCY AWARDED REQUESTED RECOMMENDED 1 Achievement House $ 500 $ 1051 $ 500 2 AIDS Support Network $ 2100 $ 6950 $ 2100 3 ALPHA $ 1000 $ 1800 $ 1000 4 American Red Cross $ 4200 $ 6000 $ 4200 5 Arthritis Foundation $ 1000 $ 2500 $ 1000 6 Big Brothers/Big Sisters (NEW) $ 0 $ 5000 $ 500 7 Campfire $ 1000 $ 1000 $ 1000 8. Casa Solana $ 5000 $ 10000 $ 5000 9 Central Coast Head Injury Support Program (CCHISP) (NEW) $ 0 $ 6000 $ 500 10 Child Development Center $ 7500 $ 9000 $ 7500 11 EOC Child Care Resource Conn. $ 1200 $ 3000 $ 1200 12 EOC Health Services (40 wonderful) $ 3000 $ 3000 $ 3000 13 EOC Health Services (NEW -TAPP) $ 0 $ 5000 $ 0 14 EOC Senior Health Screening $ 2800 $ 3000 $ 2600 15 EOC Head Start (NEW) $ 0 $ 3000 $ 1500 16 Family Services Center $ 4000 $ 4700 $ 3500 17 Grass Roots II Inc $ 3500 $ 6000 $ 3500 18 Hospice $ 4200 $ 10000 $ 4200 19 Hotline $ 3400 $ 5000 $ 3400 20 LIFESPAN Service Network - Adcare $ 2000 $ 2500 $ 2000 21 LIFESPAN - Caring Callers $ 450 $ 1000 $ 450 22 LIFESPAN - RSVP $ 500 $ 1000 $ 500 23 LIFESPAN - Senior Peer Counseling $ 1700 $ 1800 $ 1700 24 Literacy Council (ESL) $ 2000 $ 3500 $ 2000 25 Literacy Council (Homeless) (NEW) . $ 0 $ 4150 $ 1200 26 Longterm Care Ombudsman $ 1500 $ 2500 $ 1500 27 Mental Health Assoc.. of SLO $ 4300 $ 3874 $ 1400 28 Middle House $ 3600 $ 15000 $ 3600 29 Rape Crisis of SLO County $ 5800 $ 6000 $ 5800 30 Salvation Army $ 8000 $ 8000 $ 7000 31 Senior Legal Services $ 500 $ 1500 $ 500 32 Senior Nutrition Program $ 1000 $ 3500 $ 1000 33 SLO Co. Access (NEVI $ 0 $ 3000 $ 2000 34 SLO Friends of the Library (NEW) $ 0 $ 3000 $ 1500 35 SLO Youth Football/Cheer (NEW) $ 0 $ 3309 $ 450 36 Tri Counties Easter Seals $ 1500 $ 3500 $ 1500 37 United Cerebral Palsy $ 500 $ 2384 $ 500 38 Voices For Children (CASA) $ 1650 $ 7200 $ 2000 39 Women's Shelter 8000 12000 8000 TOTAL 1997 -98 TOTAL AVAILABLE a.MC07.8mq 87 400 $ 92,100 180 718 90 800. ATTACHM ENT #1 " � ��.�; o ��. � .. .,,.� G� -�` i; RESOLUTIONNO.8697 (1997SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING FUNDING TO THIRTY -FOUR AGENCIES IN THE AMOUNT OF $80,215. FOR FISCAL YEAR 1997 -98 THROUGH THE PROMOTIONAL COORDINATING COMMITTEE WHEREAS, in the past, the City of San Luis Obispo has authorized and distributed Grants -in -Aid funding to community organizations which provide economic, cultural and tourism promoting recreational services to residents and visitors; and WHEREAS, funding for the Grants -in -Aid program has been included in the 1997 -99 Financial Plan for the City of San Luis Obispo; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain organizations attached hereto and marked Exhibit "A" shall be provided funding as is designated in the same attachment. SECTION 2. The staff is directed to prepare a contract for each agency identified in Exhibit "A" and the City Administrative Officer is authorized to execute such contracts. Upon motion of Roalman seconded by Settle and on the following roll call vote: AYES:Vice Mayor Roalman, Mayor Settle, Council Members Romero NOES: None & Williams ABSENT: None the foregoing resolution was passed and adopted this 15 th day of July, 1997. Allen K. ATTEST: Bonnie Gawf, Ci Cle1 1 Resolution No. 8697 Page 2 APPROVED AS TO FORM: llzilo / ; ,-Exhibit "A" PROMOTIONAL COORDINATING LOMMITTEE 1997 -98 GRANT -IN -AID SUMMARY Name of Organization 96 =97 97 =98 97 -98 Recomm'd _Requested_- Recomm'd ._ 1 Arternatives $3,000 $39900 $2,900 2 Arthritis Foundation $2,000 $59000 $21500_ 3 Business Improvement Association $3400 $7,500 $39006 4 Center Point Theatre Group $1,000 $89000 $2,200 5 Central Coast Shakespeare Festival $29000 $3,200 $1,900 6 Children's Creative Project _ _ $39000 $8,650 $3,000 7 City to Sea Mini - Marathon $2,200 $3,000 $2,500 8 Civic Ballet n/a $6,000 $31200 9 Cuesta College Art Gallery $2,100 $3,000 $21150 10 Edna Valley Arroyo Grande Valley n/a $39000 $1,500 11 Foundation for the Performing Arts Center n/a $22500 $21500 12 Friends of the Botanical Garden $2,000 $2,000 $.2,000 13 Gilbert Reed Ballet $2,000 $3,000 $2,000 14 Handel Oratorio Choir n/a $29000 $1,100 15 KCBX n/a $51000 $3,000 16 Mission Plaza Cultural. Coalition $2,400 $69075 $29500_ _ 17 Music & the Arts for Youth $3,200 $4,250 $29500 18 Mozart Festival $4,500 $69000 $49300 19 Pacific Repertory Opera $2,500 $3,000 $2,500 20 Performing Arts Center Bravo SLO $4,000 $69000 $19500 21 Performing Arts YOPAC /Outreach $2,000 $30000 $1,700 22 San Luis Obispo Art Center, Inc. $4,000 $10,050 $49100 23 San Luis Obispo Comm. Concert Assoc. $2,000 $3,000 $2,000 24 San Luis Obispo County Arts Council n/a $5,000 -0- 25 San Luis Obispo County Band $1,500 $1,500 $1,500 26 San Luis Obispo Co. Historical Museum $29500 $79175 $29375 27 San Luis Obispo County Youth S mphon - $1,800 $2,000 $1,350 28 San Luis Obispo I- ntematio_nal Film_Festival $49300 $6,000 $4,500 29 San Luis Obispo Little Theatre_ _ $000 $3,800 $2,500 30 San Luis Obispo Foe Festival $19500 $3,500 $2,060 31 San Luis Obispo Symphony $3,500 $49500 $39500 32 San Luis Obispo Vocal Arts Ensemble $29000 $60000 $3,200 33 SLOCAF n/a $1,020 $1,020 _ 34 SLONET $32500 $3,000 _$19050 35 SLO Soccer Club $2,100 1 $3,000 1 $1,170 TOTAL _ _ $74,900 ,_ ./ vw N mac/ i RESOLUTION NO. 8 6 9 6(1997 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S ACTION, THEREBY UPHOLDING THE ACTION OF THE ARCHITECTURAL REVIEW COMMISSION, APPROVING MODIFICATIONS TO AN EXISTING BUILDING AND PARKING AND APPROVING A NEW ASSISTED CARE FACILITY AT 61 BROAD STREET. (ARC 158 -96) WHEREAS, the Architectural Review Commission conducted a public hearing on June 2, 1997, and approved modifications to an existing building and site; plus construction of a new building (ARC 158 -96), with conditions; and WHEREAS, Jacob Feldman and 68 others filed appeals of that action; and WHEREAS, the City Council conducted a public hearing on July 15, 1997 and has considered testimony of interested parties, the records of the Architectural Review Commission Hearing and action, and the evaluation and recommendation of staff, and WHEREAS, the City Council has considered the draft Negative Declaration of environmental impact, with mitigation, as prepared by staff and reviewed by the Architectural Review Commission; BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Council. previously, on May 20, 1997, found and determined that the project's Negative Declaration with mitigation adequately addresses the potential significant environmental impacts of the proposed project, and reflects the independent judgement of the City Council. The Council adopted said Negative Declaration on May 20, 1997 and hereby incorporates the following mitigation measures into the project: Mitigation measures: 1. Mitigation Measure: The Architectural Review Commission shall evaluate the appropriateness of the new building's scale (height, bulk and massing) in terms of compatibility with the surrounding neighborhood. The issue of impacts to the view corridors of nearby residents shall also be considered. Monitoring Program: Compatibility issues shall be addressed by the both the Planning Commission and the Architectural Review Commission with their review of the project. Compliance with the conditions of both these review bodies shall be overseen by Planning staff during building permit plan check. 2. Mitigation Measure: fflawme Resolution no 8 6.9 6 1997 Series) ARC 158 -96 appeal 61 Broad Street Page 2 conditions of both these review bodies shall be overseen by Planning staff during building permit plan check. 2. Mitigation Measure:. The applicant shall submit a detailed landscaping /creek restoration plan along with plans submitted for final review and approval by the Architectural Review Commission. The plan shall incorporate the recommendations of the botanical survey prepared by V.L. Holland, Ph.D. dated December 1996 and incorporated into. this study be reference. The plans shall be routed to the City's Resource Manager for review and comment, and will also require the review and approval of other agencies with regulatory control over work done in the riparian corridor of Garden Creek, specifically the State Department of Fish and Game and the U.S. Army Corps of Engineers. Monitoring Program: The Architectural Review Commission will ultimately approve the landscaping and creek restoration plan. Community Development. Department staff will coordinate with other regulatory agencies with jurisdiction over plans, review building permit plans to insure consistency with ARC approvals and provide field inspections to confirm that installation complies with plans. 3. Mitigation Measure: Consistent with the recommendation_ s included in the Seismic Safety Element, a detailed soils engineering report needs to be submitted at the time of building permit which considers special grading and construction techniques necessary to address the potential for liquefaction. It shall identify the soil profile on site and provide site preparation recommendations to ensure against unstable soil conditions. Grading and building must be designed and performed in compliance with the soils engineering report. Monitoring Program: The Community Development Department staff will review plans in conjunction with the soils engineering report through the building permit plan check process. 4. Mitigation Measure: Oil and sand separators or other filtering media shall be installed at each drain inlet intercepting runoff as a means of filtering toxic substances from run off before it. enters the creek directly or through the storm water system. The separator must be regularly maintained to ensure efficient pollutant removal. Resolution no 8696 1997 Series) ARC 158 -96 appeal 61 Broad Street Page 3 Monitoring Program: The Community Development and the Utilities Department staff (Industrial Waste Coordinator) will review plans for compliance through the building permit plan check process and subsequent inspections. 5. Mitigation Measure: Consistent with Municipal Code Section 15.04.040 X (Sec. 3307.2), all graded surfaces shall be wetted, protected or contained in such a manner as to prevent dust or spill upon any adjoining property or street. The following measures shall constitute the project's dust management plan and shall remain in effect during all phases of project construction: a. Regular wetting of roads and graded areas (at least twice daily with complete coverage of all active areas); b. Increasing frequency of watering whenever winds exceed 15 mph; c. Cessation of grading activities during periods. of winds over 25 mph; d. Direct application of water on material being excavated and/or transported onsite or off -site; e. Watering material stockpiles; f. Periodic wash - downs, or mechanical street sweeping, of streets in the vicinity of the construction site; and g. Non - potable water is to be used in all construction and dust control work. Monitoring Program: Grading practices shall be monitored by the Community Development Department staff through field inspections during project construction. 6. Mitigation Measure: In conjunction with required fire sprinkler and fire alarm systems, a graphic annunciator panel shall be installed to the approval of the Fire Marshall. _Monitoring Program: Compliance with this requirement shall be monitored through the review of detailed plans submitted for building permit primarily by the City's Fire Marshall. Resolution no 8 6 9 6 1997 Series) ARC 158 -96 appeal 61 Broad Street Page 4 7. Mitigation Measure: Traffic control signals shall have emergency preemption devices installed to expedite emergency access. Monitoring Program: Compliance with this requirement shall be monitored through the review of detailed plans submitted for building permit primarily by the City's Fire Marshall. 8. Mitigation Measure: An emergency vehicle loading area shall be provided for the new assisted living facility. The loading area shall be located as to minimize noise and glare impacts to adjoining neighbors and shall not block or otherwise compromise other required parking spaces. Monitoring Program: Design of the emergency vehicle loading area shall be reviewed and monitored through the review of plans during architectural review and building permit plan check. 9. Mitigation Measure: Future site development shall incorporate: * Skylights to maximize natural day lighting. * Operable windows to maximize natural ventilation. * Energy - efficient lighting systems for both interior and exterior use. In the event operable windows and skylights are not feasible alternatives for tenant operational reasons, buildings should be designed to exceed energy conservation standards in the California Energy Code by 10 %. Monitoring Program: Compliance with this requirement shall be monitored through the review of plans submitted for a building permit by the Community Development Department staff. 10. Mitigation Measure: The developer shall install an oil and grease separator at an appropriate location in the sewer system to the approval of the City's Industrial Waste Coordinator. Monitoring Program: The Utilities Department staff (Industrial Waste Coordinator) will review plans for compliance through the building permit plan check process and subsequent inspections. Resolution no 8696 1997 Series) ARC 158 -96 appeal 61 Broad Street Page 5 11. Mitigation Measure: The new assisted care facility and the remodeled building at 61 Broad shall incorporate facilities for interior and exterior on -site recycling. A plan for recycling construction waste shall be submitted to the Community Development Director prior to building permit issuance. Construction waste shall be recycled in accordance with this plan. Monitoring Program: Compliance with this requirement shall be monitored through the review of detailed plans submitted for architectural review and building permit primarily by the Community Development Department staff. 12. Mitigation Measure: All exterior lighting shall be designed to be directed downward and not cast glare onto adjacent properties. The specific design of lighting shall reviewed through the required architectural review process, with special attention given to the height and type of lighting fixtures. Monitoring Program: Parking lot lighting shall be reviewed and monitored through the review of plans during architectural review and building permit plan check. 13. Mitigation Measure: An Archaeological Resources Inventory (ARI) shall be completed prior to final architectural review of the project (Phase I report). In addition, a Subsurface Archaeological Resource Evaluation (SARE) will be required for those areas of the site where excavation is proposed. The report shall note that a qualified archaeologist will be retained to monitor project grading and trenching activities. If excavations encounter significant paleontological resources, archaeological resources or cultural materials, then construction activities which may affect them shall cease until the extent of the resource is determined and appropriate protective measures are approved by the Community Development Director. The Community Development Director shall be notified of the extent and location of discovered materials so that they may be recorded by a qualified archaeologist. Monitoring Program: Compliance with thiss requirement shall be monitored through the review of plans submitted.for architectural review and a building permit by the Community Development Department staff and subsequent inspections. Resolution no 8696 1997 Series) ARC 158 -96 appeal 61 Broad Street Page 6 14. Mitigation Measure If pre- historic Native American artifacts are encountered, a Native American monitor should be called in to work with the archaeologist to document. and remove the items. Disposition of artifacts shall comply with state and.federal laws. A note concerning this requirement shall be included on the grading and construction plans for the project. Monitoring Program, Compliance with this requirement shall be monitored through the review of plans submitted for a building permit by the Community Development Department staff. SECTION 2. Findings. That this Council, after consideration of the Architectural Review Commission's action, the appellants' statements, staff recommendations, public testimony, and reports thereof, makes the following findings: 1. The new assisted -care building respects and will be compatible with nearby residences because it is sufficiently set back from the street and from neighboring buildings and is designed to minimize its impact from the street. 2. The project design is consistent with the City's architectural guidelines. SECTION 3. Appeal denial. The request for approval of an appeal of the Architectural Review Commission's action approving the project is hereby denied, and therefore the Architectural Review Commission's action is upheld, subject to the following . Conditions: 1. The final landscape plan must incorporate additional riparian planting within the 20' setback from the top of .bank, to the satisfaction of the biologist who surveyed the site and the Community Development Director. 2. At least two trees and additional medium - height shrubs must be added to the landscaped area between the Heritage building and Broad Street, to provide shade for the patio and help screen the building, to the approval of the Community Development Director. A variety of plants in a variety of sizes, including 36" box trees and 15- gallon shrubs shall be used. 3. Final design of security fencing and gates must be in accordance with fence height standards and to the approval of the Community Development Director. 4. Additional benches must be added to outdoor use areas, outside of required creek setback areas. Resolution no 8696 1997.Series) ARC 158 -96 appeal 61 Broad Street Page 7 5. The patio at the Broad Street frontage must be eliminated or the building and patio set back farther on the site so that the patio is no closer than 30' from the street property line. 6. Colors must return for Commission approval. Onmotionof Williams ,seconded by Romero and on the following roll call vote: AYES: Council Members Williams, Romero, Smith & Mayor Settle NOES: Council Member Roalman ABSENT: None the foregoing resolution was adopted this 15 tkiay of July 1997. Mayor Allen Settle ATTEST: L ClWk :.n APPROVED AS TO FORM: City Attorrfey Jeffrey Jorgensen ��,. � - /��.� -� �- �v�z� � .. RESOLUTION NO. 8695 (1997 Series) A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO ACCEPTING. A NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE AND ANNUAL TAX INCREMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE CITY OF SAN LUIS OBISPO FOR THE PREFUMO CREEK HOMES ANNEXATION AT 1855 PREFUMO CANYON ROAD (SLO COUNTY.ANNEXATION #48) (CITY FILE # ANNEX 26-95) WHEREAS, in the case of a jurisdictional change which will alter the service area or responsibility of a local agency, Revenue and Taxation Code Section 99(b) requires that the amount of property tax revenue to be exchanged, if any, and the amount of annual tax increment to be exchanged among the affected local agencies shall be determined by negotiation; and WHEREAS, when a city is involved, the negotiations are conducted between the City Council and the Board of Supervisors of the County; and WHEREAS, Revenue and Taxation Code Section 99(b) requires that each local agency, upon completion of negotiations, adopt resolutions whereby said local agencies agree to accept the negotiated p exchange of property tax revenues, if any, and annual tax increment and requires that each local agency transmit a copy of each such resolution to the Executive Officer of the Local Agency Formation Commission; and WHEREAS, no later than the date on which the certificate of completion of the jurisdictional change is recorded with the "County Recorder, the Executive Officer shall notify the County Auditor of the exchange of property tax revenues by transmitting a copy of said resolution to him and the County Auditor shall therefore make the appropriate adjustments as required by law; and WHEREAS, the negotiations have taken place concerning the transfer of property tax revenues and annual tax increment between the County of San Luis Obispo and the City of San Luis Obispo pursuant to Section 99(b) for the jurisdictional change designated as Annexation No. 48 to the City of San Luis Obispo (Prefumo Creek Homes. Annexation); and WHEREAS; the negotiating parties, to wit: Paul Hood, Principal Administrative Analyst, County of San Luis Obispo, and Ken Hampian, Assistant City Administrative Officer; have negotiated the exchange of property tax revenue and annual tax increment between such entities as hereinafter set forth; and WHEREAS, it is in the public interest that such negotiated exchange of property tax revenues and annual tax increment be consummated. R -8695 Resolution N0869�1997 Series) Page 2 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo, as follows. 1. That the recitals.set forth above are true, correct, and valid. 2. That the City of San Luis Obispo agrees to accept the following negotiated exchange of base property tax revenues and annual tax increment: (a) No base property tax revenue shall be transferred from the County of San Luis Obispo to the City of San Luis Obispo. (b) Annual tax increment in an amount to be determined by the County Auditor, based upon the following percentage agreed to by the negotiating parties, 12.54287 percent, shall be transferred from the County of San Luis Obispo to the City of San Luis Obispo in the fiscal year 1998 -99 and each fiscal year thereafter. (c) After the City portion is transferred, all annual tax increment for the County Road Fund shall be transferred to the County General Fund. 3. Upon receipt of a certified copy of this resolution and a copy of the recorded certificate of completion, the County Auditor shall make the appropriate adjustments to property tax revenues and annual tax increments as set forth. above. 4. That the City Clerk is authorized and directed to transmit a certified copy of the resolution to the Executive Officer of the San Luis Obispo Local Agency Formation Commission, who shall then distribute copies in the manner prescribed by law. On motion of Council Member:; Smith , seconded byCouncil Member Wi13 i and on the following roll call vote : - AYES :Council. Members.`Smith, Williams, Roalman, Romero &Mayor Settl NOES: None ABSENT: None the foregoing resolution was passed and adopted this 15thday of ulY , 1997. ATTEST: Mayor Allen Settle Y ty Clerk onn e L Gawf Resolution No 869x997 Series) Page 3 APPROVED: FA Gm/i�m PROPOSED ANNEXATION FOR CITY OF SAN LUIS OBISPO (Prefumo Creek Homes). TRA 112 -002 COUNTY % 37.62108 Before ERAF RATIO ACREAGE BREAKDOWN % TO TOTAL TO COUNTY % RESIDENTIAL 17.8 n/a 0.00000% (A) UNDEVELOPED 366.2 n/a 0.00000% COMMERCIAL 0 TOTAL 384.0 0.0000% 37.62108% RESIDENTIAL PORTION OF COUNTY'S % CITY PORTION OF INCREMENT PER RESOLUTION CITIES INCREMENTAL % COUNTY CITY RETAINS RECEIVES 66.67% 33.34 % 100.00% 0.00000 N/A N/A 37.62108 33.34% 12.54287 C �° 4- 91 00 RESOLUTION NO.8 6 9 4 (1997 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE EMPLOYMENT CONTRACT OF DEBORAH J. HOLLEY, BIA ADMINISTRATOR, AND PETER EBERLE, THURSDAY NIGHT ACTIVITIES AND PROMOTIONS. COORDINATOR FOR THE PERIOD JULY 10, 1997 THROUGH JULY 10, 1998 BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the contract of employment between the City of San Luis Obispo and DEBORAH J. HOLLEY as BIA Administrator for the period .July 10, 1997 through July 10, 1998, attached hereto as Exhibit "A" and by this reference made a part hereof, has been reviewed and is approved and the Mayor is authorized to execute same. SECTION 2.. That the contract of employment between the City of San Luis Obispo and PETER EBERLE as Thursday Night Activities and Promotions Coordinator for the period of July 10, 1997 through. July 10, 1998, attached hereto as Exhibit "B" and by this reference made a part hereof, has been reviewed and is approved and the Mayor is authorized to execute same. On motion of Smith and on the following roll call vote: , seconded by Williams AYES: Council Members Smith, Williams, Roalman, Romero & Mayor Settle NOES: None ABSENT: None the foregoing Resolution was passed and adopted this ATTEST: nnie L. Gawf,,? ity Cleo c APPROVED AS TO FORM AND CONTENT: / s - i _ -. A#6=y -- co 15 thday of July D_Qr_a/. CONTRACT OF EMPLOYMENT "Exhibit A" THIS CONTRACT is entered into this 15th day of July, 1997, by and between the CITY OF SAN LUIS OBISPO, State of California (hereinafter referred to as "City "), and DEBORAH J. HOLLEY, a contract employee (hereinafter referred to as "Employee "). WITNESSES: WHEREAS, the City of San Luis Obispo has a need for a Business Improvement Administer; and WHEREAS, Employee is qualified to perform such service for City; and WHEREAS, the services to be contracted for are BIA Administrator. NOW, THEREFORE, the parties do mutually agree as follows: 1. Emplovment. City hereby engages Employee and Employee hereby agrees to perform for City the services hereinafter set forth for the compensation hereinafter set forth, all pursuant to the terms and conditions herein. 2. Scope of Services. Pursuant to this Contract, Employee shall provide to City the following services: Administrator for the Downtown Parking and Business Improvement Association (BIA); specific duties and responsibilities to be established and modified from time to time by the BIA Advisory Board. Employee shall perform said services under the direct supervision of BIA Advisory Board. 3. Employment Status. Employee shall be a full -time employee. Membership in the City PERS retirement program shall be in accordance with PERS requirements with the Employee's share to be paid by Employee. Employee shall accrue holiday and sick leave benefits consistent with other positions in the City and as determined by the Personnel Director. Employee shall accrue 8 hours of vacation per month over the term of this Agreement which shall be taken in a manner consistent with other City employees. Employee shall be granted up 1 to 48 hours per year of administrative leave in lieu of overtime compensation, in recognition of the fact that the employee is exempt from overtime compensation consideration and that the employee's schedule may require work beyond 40 hours in a week. The only other paid benefits are workers' compensation insurance, unemployment insurance and medical benefits for employee and dependents not to exceed $2,352.00 annually. Employee shall be eligible for reimbursement for mileage at the current reimbursable rate for City of San Luis Obispo employees for use of her private automobile for official business but not including any mileage attributable to normal commuting by Employee to and from.her office. Employee understands and agrees that her term of employment is governed only by this Contract; that no right of tenure is created hereby, and that she does not hold a position in any department or office of the City. 4. Warran ty of Employee. Employee warrants that she is properly certified and licensed under the laws and regulations of the State of California to provide the services herein agreed to. 5. Compensation. City shall pay to Employee as compensation in full for all services performed by Employee pursuant to the Contract, the sum of $3,071 per month ($36,858 per year), said compensation to be paid in accordance with normal City procedures. 6. Term of Contract. This Contract shall commence on July 10, 1997 through July 10, 1998, unless terminated earlier as provided herein. The City Administrative Officer may terminate the contract without the need for action, approval or ratification by the City Council. 7. Termination of Contract for Convenience. Either party may terminate this Contract at any time by giving to the other party fifteen (15) days written notice of such termination, specifying the effective date of such termination. Employee shall be paid for all work satisfactorily completed prior to the effective date of such termination; Employee agrees that the notice provisions of this paragraph shall limit the liability of the City in the event that a termination action taken by City pursuant to paragraph 8 is subsequently found to be improper. 8. Termination of Contract for Cause. If Employee fails to perform her duties to the satisfaction of the City, or if employee fails to fulfill in a timely and professional manner the obligations under this Contract, or if Employee shall violate any of the terms of provisions of this Contract, or if Employee has a physical or mental incapacity that precludes Employee from performing the duties, or if Employee fails to exercise good behavior in either during or outside of working hours which is of such a nature that it causes discredit to the City or impairs her ability to perform these contract duties, then the City shall have the right to terminate this Contract effective immediately upon the City's giving written notice thereof to Employee. Employee shall be paid for all work satisfactorily completed prior to the effective date of such termination. 9. Entire Agreement and _ Modification. This Contract constitutes the entire understanding of the parties hereto. This Contract supersedes all previous contracts, agreements, negotiations or understandings, whether written or oral; between the parties. Employee shall be entitled to no other benefits than those specified herein, and Employee acknowledges that no representations, inducements or promises not contained in this Contract have been made to Employee to induce Employee to enter into this Contract. No changes, amendments, or alterations hereto shall be effective unless in writing and signed by both parties. Employee specifically acknowledges that in entering into and executing this Contract, Employee relies solely upon the provisions contained in this Contract and no others. 10. Non - Assignment of Contract. This Contract is intended to secure the individual services of the Employee and thus Employee shall not assign, transfer, delegate, or sublet this 3 C n Contract or any interest therein without the prior written consent of City, and any such assignment, transfer, delegation, or sublet this' Contract or any interest therein without the prior written consent of City, and any such assignment, transfer, delegation, or sublet without the City's prior written consent shall be considered null and void. 11. Covenant. This Contract has been executed and delivered in the State of California, and the validity, enforceability and interpretation of any of the clauses of this Contract shall be determined and governed by the laws of the State of California. All duties and obligations of the parties created hereunder are performable in the City of San Luis Obispo, and such City shall be that venue for any action, or proceeding that may be brought, or arise out of, in connection with or by reason of the Contract. 12. Nondiscrimination. There shall be no discrimination against any person employed pursuant to this contract in any manner forbidden by law. 13. Conflicts of Interest. The employee shall not participate in any decision related to this Contract which affects her personal interest or the interest of any corporation, partnership, or association in which she is directly or indirectly interested. 14. Copyri f. Any reports; maps, documents or other materials produced in whole or part under this Contract shall be the property of the City and shall not be subject to an application for copyright by or on behalf of Employee, without the prior written approval of the City. 15. Outside Employment. Conduct and Behavior. a. Employee may engage in outside activities such as part-time teaching, consulting, or in other similar activities unrelated to City business only with the express prior approval of the City Administrative Officer. b. Employee shall comply with all local and state requirements regarding conflicts -of- interest and shall avoid personal involvement in situations which are inconsistent or 4 incompatible with the position of BIA Administrator or give rise to the appearance of impropriety. 16. Enforceability. If any terms, covenant, condition or provision of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. IN WITNESS WHEREOF, City and Employee have executed this Contract on the day and year first hereinabove set forth. CITY OF SAN LUIS OBISPO Mayor Allen K. Settle EMPLOYEE: ATTEST: onnie L. Gawf, City Clerk APPROVED AS TO FORM Coo t:Houry 5 CONTRACT OF EMPLOYMENT "Exhibit B" THIS CONTRACT is entered into this 15th day of July, 1997, by and between the CITY OF SAN LUIS OBISPO, State of California (hereinafter referred to as "City "), and PETER L. EBERLE, a contract employee (hereinafter referred to as "Employee "). WITNESSES: WHEREAS, the City of San Luis Obispo has a need for a Business Improvement Administer; and WHEREAS, Employee is qualified to perform such service for City; and WHEREAS, the services to be contracted for are BIA TNA/Promotions Coordinator. NOW, THEREFORE, the parties do mutually agree as follows: 1. Employment. City hereby engages Employee and Employee hereby agrees to perform for City the services hereinafter set forth for the compensation hereinafter set forth, all pursuant to the terms and conditions herein. 2. Scope of Services. Pursuant to this Contract, Employee shall provide to City the following services: TNA /Promotions Coordinator for the Downtown Parking and Business Improvement Association (BIA); specific duties and responsibilities to be established and modified from time to time by the BIA Advisory Board. Employee shall perform said services under the direct supervision of BIA Administrator. 3. Employment Status. Employee shall be a full -time employee. Membership in the City PERS retirement program shall be in accordance with PERS requirements with the Employee's share to be paid by Employee. Employee shall accrue holiday and sick leave benefits consistent with other positions in the City and as determined by the Personnel Director. Employee shall accrue 8 hours of vacation per month over the term of this Agreement which shall be taken in a manner consistent with other City employees. The only other paid benefits are 1 1 workers' compensation insurance, unemployment insurance and medical coverage not to exceed $1,008.00 annually. Employee shall be eligible for reimbursement for mileage at the current reimbursable rate for City of San Luis Obispo employees for use of her private automobile for official business but not including any mileage attributable to normal commuting by Employee to and from his office. Employee understands and agrees that his term of employment is governed only by this Contract; that no right of tenure is created hereby, and that he does not hold a position in any department or office of the City. 4. Warranty of Employ. Employee warrants that he is properly certified and licensed under the laws and regulations of the State of California to provide the services herein agreed to. 5. Compensation. City shall pay to Employee as compensation in full for all services performed by Employee pursuant to the Contract, the sum of $2,616 per month ($31,401 per year), said compensation to be paid in accordance with normal City procedures. 6. Term of Contract. This Contract shall commence on July 10, 1997 through July 10, 1998, unless terminated earlier as provided herein. The City Administrative Officer may terminate the contract without the need for action, approval or ratification by the City Council.. 7. Termination of Contract for Convenience. Either party may terminate this Contract at any time by giving to the other party fifteen (15) days written notice of such termination, specifying the effective date of such termination,. Employee shall be paid for all work satisfactorily completed prior to the effective date of such termination. Employee agrees that the notice provisions of this paragraph shall limit the liability of the City in the event that a termination action taken by City pursuant to paragraph 8 is subsequently found to be improper. 8. Termination of Contract for Cause. If Employee fails to perform his duties to the satisfaction of the City, or if employee fails to fulfill in a timely and professional manner the obligations under this Contract, or if Employee shall violate any of the terms of provisions of this Contract, or if Employee has a physical or mental incapacity that precludes Employee from performing the duties, or if Employee fails to exercise good behavior in either during or outside of working hours which is of such a nature that it causes discredit to the City or impairs her ability to perform these contract duties, then the City shall have the right to terminate this Contract effective immediately upon the City's giving written notice thereof to Employee. Employee shall be paid for all work satisfactorily completed prior to the effective date of such termination. 9. Entire _Agreement and Modification. This Contract constitutes the entire understanding of the parties hereto. This Contract supersedes all previous contracts, agreements, negotiations or understandings, whether written or oral, between the parties. Employee shall be entitled to no other benefits than those specified herein, and Employee acknowledges that no representations, inducements or promises not contained in this Contract have been made to Employee to induce Employee to enter into this Contract. No changes, amendments, or alterations hereto shall be effective unless in writing and signed by both parties. Employee specifically acknowledges that in entering into and executing this Contract, Employee relies solely upon the provisions contained in this Contract and no others. 10. Non-Assignment of Contract. This Contract is intended to secure the individual services of the Employee and thus Employee shall not assign, transfer, delegate, or sublet this Contract or any interest therein without the prior written consent of City, and any such assignment, transfer, delegation, or sublet this Contract or any interest therein without the prior 3 written consent of City, and any such assignment, transfer, delegation; or sublet without the City's prior written consent shall be considered null and void. 11. Covenant. This Contract has been executed and delivered in the State of California, and the validity, enforceability and interpretation of any of the clauses of this Contract shall be determined and governed by the laws of the State of California. All duties and obligations of the parties created hereunder are performable in the City of San Luis Obispo, and such City shall be that venue for any action, or proceeding that may be brought, or arise out of, in connection with or by reason of the Contract. 12. Nondiscrimination. There shall be no discrimination against any person employed pursuant to this contract in any manner forbidden by law. 13. Conflicts of Interest. The employee shall not participate in any decision related to this Contract which affects his personal interest or the interest of any corporation, partnership, or association in which he is directly or indirectly interested. 14. Conyrisht. Any reports, maps, documents or other materials produced in whole or part under this Contract.shall be the property of the City and shall not be subject to an application for copyright by or on behalf of Employee, without the prior written approval of the City. 15. Outside Employment. Conduct and Behavior. a. Employee may engage in outside activities such as part-time teaching, consulting, or in other similar activities unrelated to City business only with the express prior approval of the City Administrative Officer. b. Employee shall comply with all local and state requirements regarding conflicts -of- interest and shall avoid personal involvement in situations which are inconsistent or incompatible with the position of BIA TNA /Promotions Coordinator or give rise to the appearance of impropriety. 4 16. Enforceability. If any terms, covenant, condition or provision of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. IN WITNESS WHEREOF, City and Employee have executed this Contract on the day and year first hereinabove set forth. CITY OF SAN LUIS OBISPO EM ATTEST: Bonnie L. Gawf, City Clerk APPROVED AS TO FORM e _ 1. Con=:Eberle Mayor Allen 5 IJ�, ✓� �'`�� ✓w c �� �1<<?) .� ., RESOLUTION NO. 8693 (1997 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE APPLICATION FOR A LOAN FROM THE STATE WATER RESOURCES CONTROL BOARD FOR THE WATER REUSE PROJECT WHEREAS, the City's Water Reclamation Facility produces a tertiary reclaimed water which is discharged to San Luis Obispo Creek under a National Pollution Discharge Elimination permit, and WHEREAS, this water is suitable for irrigation and many other uses, and WHEREAS, the City has need for non - potable water for irrigation and other uses, and WHEREAS, the Water Reuse Project can provide the facilities to distribute the recycled water, and WHEREAS, the State of California Water Resources Control Board provides low interest loans for water recycling projects. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Council hereby authorizes and directs the Utilities Director or his designee to sign and file, for and on behalf of the City of San Luis Obispo, a Financial Assistance Application for a loan/grant from the State Water Resources Control Board in an amount not to exceed $10,000,0000 for the design and construction of the Water Reuse Project. SECTION 2. The City Council further authorizes the Utilities Director or his designee to negotiate 'and execute.a loan/grant contract and any amendments or change orders thereto on behalf of the City of San Luis Obispo. On motion of Smith , seconded by Williams , and on the following roll call vote: .AYES: Council Members Smith, Williams, Roalman, Romero & Mayor Settle NOES: None ABSENT: None The foregoing Resolution was passed and adopted on this 15 th day of Ju ly , 19 0 7. Ma oo Allen Settle ATTEST: ER WIN 0 � M� APPROVED AS TO FORM: I fr - R_ftf,Q11 �� � (-� mil/ / � �� _� �:� .•;.. .�. r<ESOLUTION NO.8692 (1997 Serieb,--` A RESOLUTION OF THE CITY COUNCIL OF CITY OF SAN LUIS OBISPO ADOPTING FEE ADJUSTMENTS IN THE AREAS OF CHILDREN'S SERVICES AND INDOOR FACILITY FEES WHEREAS, the City's municipal code authorizes establishing various fees for the delivery of municipal services; and WHEREAS, it is the policy of the City of San Luis Obispo to adopt an annual Fees for Services Schedule; and WHEREAS, it is the policy of the City of San Luis Obispo that any change to this adopted Fees for Services Schedule be approved by Council; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that: SECTION 1. The hourly rate for the Children's Services program of Sun & Fun shall be held at the 1996 -97 level of $2.30 an hour per child. SECTION 2. Rates for indoor, daytime use of Meadow Park, the Recreation Center Meeting Rooms A through D, and the Library Conference Room shall be $16.95 /3 hours for use by non -profit ,groups and $26.50/3 hours for commercial groups. On motion ofCouncil_.Member Smit Brconded by Council .Member Williams and on the following toll call vote: AYES: Council Members Smith, Williams, Roalman, Romero & Mayor Settle NOES: None ABSENT: None the foregoing resolution was passed and adopted this 1stday of July , 1997. A� i Mayor Allen Settle ATTEST: e rGawf, Ci le B APPROVED ASSEQ FORM: Attorney n ncnn 3 RESOLUTION NO. 8691 (1997 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CITY OF SAN LUIS OBISPO CLARIFYING APPROVAL OF THE PARTICIPATION OF THE CITY OF SAN LUIS OBISPO IN THE CENTRAL COAST RECYCLING MARKET DEVELOPMENT ZONE WHEREAS, the California Integrated Waste Management Act of 1989 (A.B. 939) and companion legislation designed to promote recycling market development have established a Recycling Market Development Zone Program for the State; and WHEREAS, the success of State -wide implementation of the California Integrated Waste Management Act of 1989 is directly related to the development of additional markets for post consumer waste materials; and WHEREAS, the Counties of Monterey, San Benito, San Luis Obispo, and Santa Cruz, and the Cities of Hollister and Watsonville made joint application on November 2, 1992, to the California Integrated Waste Management Board ( CIWMB) for designation of the Central Coast Recycling Market Development Zone ( CCRMDZ); and WHEREAS, designation of the CCRMDZ was approved by the CIWMB on August 25, 1993; and WHEREAS, the original application materials were not clear as to: the intent of the various jurisdictions to participate in the CCRMDZ; the authority of the co- applicants to apply on behalf of all jurisdictions; whether the jurisdictions agreed to the zone structure established at the time of application; and the geographical areas to be included in the CCRMDZ; and WHEREAS, the CIWMB finds it necessary to clarify these matters; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo, that: The current waste management practices and conditions in the City of San Luis Obispo are favorable to the development of post consumer waste material markets; and 2. The designation of the City of San Luis Obispo as a recycling market development zone is necessary in order to assist in attracting private sector recycling investments to the area. 3. The City of San Luis Obispo hereby affirms its status as a participating jurisdiction within the CCRMDZ at the time of application for designation as a zone. 4. The City of San Luis Obispo hereby affirms authorization given to the co- applicants to apply to the CIWMB on behalf of the City of San Luis Obispo. Resolution No. 86 �(19,97 Series) Page two 5. The City of San Luis Obispo hereby agrees to the zone structure established at the time of application.for designation of the CCRMDZ. 6. The City of San Luis Obispo hereby designates the entire geographical area within the City limits as part of the CCRMDZ. Upon motion of Smith , seconded by Roalman , and on the following roll call vote: Ayes: Council Members Smith, Roalman, Romero, Williams & Mayor Settle Noes: None Absent: None the foregoing resolution was adopted the ATTEST: _ ANA- _ `' ► C1 - APPROVED AS TO FORM: l�r�LA 1- i'.t_e V-YVW 411 City Aftomey Jeffkrgensen lst day of. July , 199 Mayor Allen Settle �Z ") G� -Wn.� O � �� �� 8690 RESOLUTION NO. (1997 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING EQUIPMENT AS SURPLUS PROPERTY WBEREAS, the City Charter requires that the Council approve the sale or disposal of surplus property with an estimated value greater than $100; and WEEREAS, the Police Chief and Director of Public Works have identified equipment items as set forth in Exhibit A which are no longer needed by the City. NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of San Luis Obispo hereby declares: SECTION 1. All items of property listed in Exhibit A are no longer needed by the City and are surplus property. SECTION 2. Disposal of the property shall be made by We at public auction or by another method of disposal in accordance with the City's surplus property policy as determined by the Director of Finance to be in the best interest of the City. Upon motion of .:..:Smith : _: , seconded by - Ro a lman _ _ __ and on the following roll call vote: AYES: Council Members Smith, Roalman, Romero, Williams & Mayor Settle NOES: None ABSENT: None the foregoing resolution was adopted this 1 s t day of July 1997. ATTEST: C}ty Clerk Bonn L.ZIawf 17 Mayor Allen Settle APPROVED AS TO FORM: i � 1 EXHIBIT A x ». >.mm�xv. >xwa,,.�.: : f• x• a' f• a:•:• a:: f• affff •a:•a;:•a:!.aa:fi. } }:t +:. }:• }} }:•: s.}: f.}:•}: f• }:. }:o }:f•:• }:f : +r.•:• }:ff••: 'f.+a::f:::aa:: f•:f•:f•:f•:ffffff•:•a'•} M. ... ........... ....:....:.::.::. v:: a: x.:}::::.,.::::::::::::::::::::::::::::::::::::::::::::.::::.:::::::. :a.axf..nf:f.i:<f.n.<.::,.<:f., f:f :::.::::: :.. f:.::. f^ a: fffa: fHK .aa:• }aa:. } }:• }:• }:ft::v: »:�: j: } > }ii }i }iiii }i:.i } }i }}iii::! }iii }i:.i:.i:.::::: a:.. . };;o }'•x• »:•r:.. :: :: n.: {..4 } }•..0: f. }.i:. {..::.} Year Make Model License # Vehicle I.D.# Year Make Model License# Vehicle I.D.# Estimated Value 1988 Kawasaki KZ1000 27K43 JKAKZCP22JB505805 11000 1989 Kawasaki KZ1000 43K33 JKAK2CP27K6506479 1,000 x.; .,}:. }::::. .::.;:.:.:' f.,•. ff . }:ff• }:fff:f.>:o %f• }:f:.a.•:f: • }'f. }.. }...;.:': i.: �'.:<::: }..:i. } }': i.:.} xi.: o:.: i•.}:.}: :. } } } }:.:. } }:f. +:i. }:.,:: }:f. }: i..• }: i. },,: i.o:: .: v,•ra;...:•y,.ac.:i .:,,.:: i. },;.:.:i.: i.::.. } }: ;,:. }:i.;.::i• }x.:i•: i.,,,,.ry. i.. a':.}: nfffn •,....y,.y,..y,.;;fi.:.};.: . .:. .: ...: .., }., ...o. ......5 ... .. :......:......:.. ». ..: .... :...., .,....,i.,:.e. ,. }. v................,.....::...::..::.........:.:..:.... �...........:....:........ ..:....:...:...:.........S:i::i •: iiii }:.:.::.::.: . }::::f:f ;•: a::.: r:...., .. .. .. ... .:..................... i::}:.}: r. :: } } } }:: };: } } }:..:..<f•i••f:f:. .. ..::.: .. ...:. }:f• } };. }:• iiii.}}: R.}}:. i}a}}:•}< }.. }':::::::::::: :.:.::.::::::. ::::::.:..:. .O: ::.,,».:x.ry. . Acquired Manufacturer Description Estimated Value 1980 Beseler Universal Colorhead Enlarger (Photographs) 350 i��t�::: .� : I� " : i$:'.': Y:::< i:::? t':,..}:}}}} f} y;:}$: i.';:}>$.:}:<:) v::::::<:: i:•,: t::.. av<}::•' vl?}: � ::::•:SV: }::i:::::< }4::ii`iiiii .:.. 4.:... v :.::..... ....::..v:....n.:.f.:..vxn,:.., x::. }.: }:.: }:::. }::..:...:: v.:.:} .:.::..•x...................... }.:..::. i, }x:v:x iiii: i:: r:?: j:^:) ii' r)$ jr? n: ji:: ilji ):<:i::j:+': }} }:. }:.} } }) } } }} }:fry::::: v: '.:.} } }: :: }:f:.:?n:.:. ....... ......... ........... ........... .:.:.. Year Make Model License # Vehicle I.D.# Estimated Value 1980 Flexble 44 passenger but 363645 91600 4,000 1982 Dodge 3/4 ton Pickup 766483 1 B6WD34V4C260136 1,500 1985 GMC S =15 Pickup 483123 1GTCS14B5F8533576 300 1985 G_MC S -15 Pickup 483113 1 GTCS1 4B3F8533527 500 1990 Ford Bronco Utility Vehicle 971596 1 FMEU15N3LLB19552 3,000 1990 Mercury Sedan 939440 1 MEPM6040KH638647 1,500 1984 Chevrolet 4x4 Pickup 460011 1GCGK24M7EJ167653 4,500 TOTAL $17,650 11K ✓/ �V✓ / \� 1 �� �.L ��� RESOLUTION NO. 8689 (1997 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP FOR TRACT 2248 WHEREAS, the City Council made certain findings concerning vesting Tract 2248, as contained in Resolution No. 8616 (1997 Series), and WHEREAS, the subdivider has submitted Letters of Credit in the amounts of $ 420,000 (Faithful Performance) and $ 210,000 (Labor & Materials) to guarantee installation of the required subdivision improvements per approved plans and all fees have been received, in accordance with the attached subdivision agreement, marked "Exhibit A ", and WHEREAS, the subdivider has requested reimbursement for "direct lateral connections" to the sewer and water mains constructed under this tract to serve offsite, non - participating properties, pursuant to City Municipal Code Sections 13.08.040 and 16.44.090, and WHEREAS, the subdivider has submitted a grant deed to the City for Lot 15 to be used for open space, creek maintenance, pedestrian and bikeway purposes, per Condition 22 of said Resolution 8616, and WHEREAS, all other conditions required per said Resolution No. 8616 (1997 Series) have been met or guaranteed. NOW THEREFORE BE IT RESOLVED that the final map for Tract No. 2248 has been found to be in "substantial conformity" with the vesting tentative map and final map approval is hereby granted. The Mayor is hereby authorized to execute the subdivision agreement and accept the grant deed for Lot 15. The Director of Public Works is authorized to establish reimbursement rates for future connections by non- participatingproperties, in accordance with City regulations. Such future connections shall only be allowed upon annexation of the respective properties. T O L O n ResolutionNo. 86 4997 Series) Page Two On motion of Smith ,seconded by and on the following roll call vote: Roalman AYES: Council Members Smith, Roalman, Romero, Williams & Mayor Settle NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 1 s t 1997. ATTEST: Ag Approved as to Form: &VIA -1 P - lle VYW40 1 CITY ATTORNEY Jeffrey G. Jorgenson DevRev \ ... V2248\ final map rep r A N SUBDIVISION AGREEMENT THIS AGREEMENT is_ dated this day of by and between KELLY V. GEARHART herein referred to as "Subdivider," and the CITY OF SAN LUIS OBISPO, herein referred to as the "City." RECITALS REFERENCE IS HEREBY MADE to that certain proposed subdivision of real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, a description of which is shown on the Final Map of Tract 2248, City of San Luis Obispo, California, as approved by the City Council on the 1st day of July 199 7 The Subdivider desires that said Tract No. 2248 be accepted and approved as a Final Map pursuantto the Subdivision Regulations of the City of San Luis Obispo (Title 17 of the San Luis Obispo Municipal Code), and It is a condition of said regulations that the Subdivider agree to install the improvements as set forth on the plans therefore. TERMS AND CONDITIONS: In consideration of the foregoing, the Subdivider does hereby agree to construct and install the following subdivision improvements in accordance witft said subdivision regulations, and in accordance with approved plans and specifications on file in the office of the City Engineer, City of San Luis Obispo, to wit: 1. CURB, GUTTERS AND SIDEWALKS 2. STREET BASE AND SURFACING 3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line and water services to the curb stop. 4. DRAINAGE STRUCTURES 5. ORNAMENTAL METAL ELECTROLIERS .,6:— ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to the inspection and approval of such facilities by the City, each public utility shall be required to file a 1 letter stating that the developer has properly installed all facilities to be provided by him, and that the said utility is prepared to provide service to residents upon request. 7. ANY & ALL OTHER_ IMPROVEMENTS shown on plans or required by City regulations. All of the above facilities shall be installed in the locations designated and to the plans and specifications on file and approved by said City Engineer. The lines and grades for all of said improvements shall be established by the Subdivider in accordance with said approved plans and specifications. The Subdivider agrees that the work of installing the above improvements shall begin within thirty (30) days from the date of recording of the final map, and that the work shall be completed within eighteen (18) months of said recording date, unless an extension has been granted by the City, provided that if completion of said work is delayed by acts of God or labor disputes resulting in strike action, the Subdivider shall have an additional period of time equivalent to such period of delay in which to complete such work. Any extension of time hereunder shall not operate to release the surety on. the Improvement Security filed pursuant to this agreement. In this connection, the surety waives the provisions of Section 2819 of the Civil Code of the State of California. No building permits will be issued nor occupancy granted after the expiration date of the agreement until completion and acceptance of all public improvements unless specifically approved by the City. The Subdividerdoes also agree to comply with the conditions established by the Planning Commission and /or the City Council and has paid the necessary fees as indicated on the attached Exhibits 1 and .2. The restoration of lost section comers and retracement of section lines within the Subdivision shall be in accordance with Article 5, paragraph 8771 et seq., of the Professional Land Surveyors Act, Chapter 15 of the Business and Professions Code of the State of Califomia. The Subdivider attaches hereto, as an integral part hereof, and as security for the FA performance of this agreement, an instrument of credit or bond approved by and in favor of the City of San Luis Obispo, and conditional upon the faithful performance of this agreement. Said instrument of credit or bond is in the amount of $ 420,000.00 which is the amount of the estimated cost of said improvements. Subdivider agrees to remedy any defects in the improvements arising from faulty workmanship or materials or defective construction of said improvements occurring within twelve (12) months after acceptance thereof. In accordance with Sections 66499.7 and 66499.9 of the Government Code of the State of California, upon final completion and acceptance of the work, City will release all but 10% of the improvement security, that amount being deemed sufficient to guarantee faithful performance by the Subdivider of his obligation to remedy any defects in the improvements arising within a period of one year following the completion and acceptance thereof. Completion of the work shall be deemed to have occurred on the date which the City Council shall, by resolution duly passed and adopted, accept said improvements according to said plans and specifications, and any approved modifications thereto. Neither periodic nor progress inspections or approvals shall bind the City to accept said improvements or waive any defects in the same or any breach of this agreement. If the Subdivider fails to complete the work within the prescribed time, the Subdivider agrees that City may, at its option, declare the instrument of credit or bond which has been posted by Subdividerto guarantee faithful performance, forfeited and utilize the proceeds to complete said improvements, or city may complete said improvements and recoverthe full cost and expense thereof from the Subdivider or his surety. The Subdivider agrees to deposit with the City a labor and materials bond in the amount of 50% of the above described subdivision improvements in accordance with State law. Said Subdivider has paid an inspection fee of $15,973.00 for City to inspect the installation of said subdivision improvements, and to verify that they have been completed in 3 accordance with the plans and specifications. Title 16 of the San Luis Obispo Municipal Code, entitled "Subdivision," all plans and specifications on file with said City Engineer as apart of said Subdivision Map, and all other documents filed with the.City by the Subdivider and approved by the City Engineer are hereby referred to for further particulars in interpreting and defining the obligations of the Subdivider under this agreement. It is understood and agreed by and between the Subdivider and the City. hereto that this agreement shall bind the heirs, executors, administrators, successors and assigns of the respective Parties to this agreement. It is agreed that the Subdivider will furnish copies of the successful bidder's contract unit prices and total bid prices for all of the improvements herein referred to. IN WITNESS WHEREOF, this agreement has been executed by: CITY OF SAN LUIS QffttPO SUBDIVIDER KELLY V. GEARHART MAYOR Allen K. Settle n J ATTEST: CI CLERK B - nie aw_ f APPROVED AS TO FORM: CITY ATTORNEY Jeffrey G. Jorgensen Aal 4 EXHIBIT 1 TRACT 2248 EL CAPITAN SUBDIVISION AGREEMENT 1. The Subdivider has deposited a monument at ion - guarantee in the. amount of $1,500.00 to cover the installation of survey monuments in accordance with the approved map and payment for same. Said guarantee will be released to the Subdivider upon receipt by the City of a letter from the Engineer indicating that they have completed the work and have been paid. 2. Park -in -lieu fees and sewer lift station fees have been paid, as listed in the attached EXHIBIT 2. The park -in -lieu fee rate is based on single family homes. In view of the R -2 zoning and the potential for adding another unit on each lot, a notice is being recorded to advise the homeowners that additional fees will be required if added units are built. 3. Water and sewer impact fees shall be paid at time of building permits through the Community Development Department per the fee schedule in effect at that time. 4. The Subdivider shall install landscaping and fencing and be —responsible for the establishment of the landscaping for one year - after acceptance of the subdivision improvements and make provisions for the - homeowners to maintain the landscape screen on lots 1 through 6 and 16 in compliance with Condition 24 of Council Resolution No. 8616 (1997 Series). Separate irrigation systems shall be provided per the landscape plan to the satisfaction of the City. 5. Traffic impact fees shall be paid at time of building permits through the Community Development Department per the fee schedule in effect at that time per Code Requirement A of Council Resolution No. 8616 (1997 Series) 6. The detention basin on Lot 16 shall be owned and maintained by the property owner in accordance with condition 12 of Council Resolution No. 8616 (1997 Series) and an agreement being recorded with the final map. 7. Lot 15 is being dedicated to the City in fee. The subdivider is responsible for installation of the pathway and pruning the trees etc per the plans and per conditions 17 and 23 of Council Resolution No. 8616 (1997 Series). 8. The subdivider has requested reimbursement for connections to the water and sewer mains from properties outside of the tract on the south side of E1 Capitan. (As provided in section 13.08.040 and 16.44.090 of the municipal code) The subdivider will submit a certified statement of costs at the completion of the project for a basis of proration of these costs. N Bonds and Guarantees: EXHIBIT 2 TRACT 2248 EL CAPITAN FEE AND BOND LIST AMOUNT FORM OF SURETY ._DATE RECEIVED BY: Faithful Performance $420,000 5/15/97 H.B. Labor & Materials $210,000 5/15/97 H.. B. 509. of total cost of improvements) Monument Guarantee $1,500 5/15/97 H.B. Fees: Map Check Fee $2,054 1/16/97 H.B. Plan check Fee $3,310 1/10/97 H.B. Inspection Fee $15,973 4/21/97 ($1333 + 6.10 of $240,000) H.B. Park -in -Lieu Fee $43,771 (13 X 3367) * 011611"7 Sewer Lift Station Fee $1,057.66 4�/G77 �GI ? ($131.55 X 3 X 2.68 Acres) Water and Sewer & Traffic Impact Fees (Due in conjunction with Building Permits) *($3367 is the current rate for single family homes. If future homeowners wish to add a dwelling, they will be required to pay the difference between this and the rate for two multi- family homes which is currently $2,669 X 2; the difference being $1,971, T2248 Subdivision Agreement 00 , F1 RESOLUTION NO. ,8 6 8 8 (1997 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF .SAN LUIS OBISPO APPROVING AGREEMENT WITH THE COUNTY OF SAN LUIS OBISPO FOR ANIMAL REGULATION ATION SERVICES FOR FISCAL YEAR 1997 -98 BE TT RESOLVED, that the City Council of the City of San Luis Obispo hereby declares the following: SECTION 1. That the agreement with the County of San Luis Obispo for Animal Control / Spay Neuter Services for Fiscal Year 1997 -98 (Exhibit A) has been reviewed and is approved'. SECTION 2. That the Mayor is hereby authorized to enact the agreement. Upon motion of Council Member Smithseconded by Vice Mayor Roalman. and on the foll owing roll call vote: AYES: Council Members Smith, Roalman, NOES: None ABSENT: None the foregoing resolution was adopted this 1 s day of Jul Romero, Williams & Mayor Sett] ATTEST: Clerk Bo ' yor Allen K. ettle APPROVED AS TO FORM: 1991. am I RESOLUTION NO. 8687 (1997 Series) A RESOLUTION OF THE COUNCIL OF THE CITY COUNCIL OF SAN LUIS OBISPO APPROVING ENGINEERING STANDARDS FOR CONSTRUCTION PROJECTS AS PREPARED BY THE ENGINEERING DIVISION OF THE PUBLIC WORKS DEPART14ENT WHEREAS, the Engineering Division of the Public Works Department is responsible for periodically updating the Engineering Standards, and WHEREAS, the Engineering Standards are necessary to ensure that public works facilities are designed and constructed to minimum acceptable standards to protect the health, safety and welfare of the public, and WHEREAS, legally adopted Engineering Standards are necessary to provide "design and plan immunity" thereby protecting the City from possible liability, and WHEREAS, the Engineering Division has completed a revision of the current Engineering Standards, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo, California hereby: 1. Approves the City Engineering Standards attached hereto marked Exhibit "A ", to be included in a booklet prepared by the Engineering Division of the Public Works Department setting forth City Engineering Standards for design and construction of public works projects. 2. Authorizes the Public Works Department to prepare and Resolution N6. -8687 - Page Two 3. Authorizes the City Engineer to make minor modifications to the Engineering Standards under the provisions of Resolution No. 8414 (1995 Series). Upon motion of C Vice Mayor Roalman it Member Smith I seconded by and on the following roll call vote: AYES: Council Members Smith, Roalman, Romero, Williams & Mayor Settle NOES: None. ABSENT: None the foregoing Resolution was passed and adopted this 1st day of July , 1997. MAYOR SETTLE ATTEST: C CLERK j APPROVED AS TO ORM: .. /..d. J `-! U��. RESOLUTION NO. 8686 (1997 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBIS_ PO APPROVING THE 1997 -99 FINANCIAL PLAN AND APPROPRIATING FUNDS FOR THE 1997 -98 FISCAL YEAR WHEREAS, the City Administrative Officer has submitted the 1997 -99 Financial Plan to Council for their review and consideration in accordance with budget policies and objectives established by the Council; and WHEREAS, the 1997 =99 Financial Plan is based upon public comment and direction of the Council after scheduled budget study sessions and public hearings, NOW, THEREFORE, be it resolved by the Council of the City of San Luis Obispo that the 1997 -99 Financial Plan is hereby approved and that the operating, debt service and capital improvement plan budget for the fiscal year beginning July 1, 1997 and ending June 30, 1998 is hereby adopted as follows: Operating programs $33,650,100 Debt service 5,753,200 Capital improvement plan 25.889,100 TOTAL $65,292,400 On motion of Council Member Smith , Seconded by- -Mavor Settl e and on the following roll call vote; AYES: Council Members Smith, Williams, Mayor Settle NOES: Council Member Roalman, Romero ABSENT: None the fore o' Resolution w sed and adopted this 1 day of June, 1997. Mayor Allen Settle ATTEST: Clerk i4iKie r #0�ly/ 0 0 [ / % /A� Gam, .,� l � Y" �y„r a �,,�- ��� RESOLUTION NO. 868 1997 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING A FEE FOR THIRD AND SUBSEQUENT FIRE SAFETY INSPECTIONS WHEREAS, the City's municipal code authorizes establishing various fees for the delivery of municipal services; and WHEREAS, the cost of providing a broad range of City services has been comprehensively reviewed by David M. Griffith and Associates (DMG) in their report dated March 1995; and WHEREAS, there are no fees charged for fire safety inspection services; and WHEREAS, the Council held a noticed public hearing concerning these proposed fees on June 17,1997; that: NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo SECTION 1. Exhibit A attached hereto is hereby adopted effective September 1, 1997. SECTION 2. Consistent with adopted cost recovery policies, all city fees will be reviewed and updated on an ongoing basis. Accordingly, the fees set forth in Exhibit A will be adjusted annually July 1 of each year by the annual percentage change in the U. S. Bureau of Labor Statistics (or successor agency) consumer price index for all urban customers (CPI -U) all cities average for the prior calendar year; and a comprehensive analysis of City fees similar to that prepared by DMG in March of 1995 should be made at least every five years. On motion Of Council Member Roalman seconded by Council Member Smith and on the following roll call vote: AYES: Council Members Roalman, Smith, Williams, Romero, Mayor Settle NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 17 day of .Tune 1997. ATTEST: B e Gawf, Ci lerl Mayor Allen Settle APPROVED: Jo , oty Attorney R8685 Page 2 Res. 8685 FEE FOR THIRD AND SUBSEQUENT FIRE INSPECTIONS EFFECTIVE SEPTEMBER 19, 1997 Third and subsequent fire inspections per inspection $103.00 0 m RESOLUTION NO8684 (1997 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING FEES FOR VARIOUS PLANNING SERVICES WHEREAS, the City's municipal code authorizes establishing various fees for the delivery of municipal services; and WHEREAS, the cost of providing a broad range of City services has been comprehensively "reviewed by David M. Griffith and Associates (DMG) in their report dated March 1995; and WHEREAS, there, are no fees charged for sidewalk and specialty sales lot permits, fence height exceptions, voluntary mergers, and planning agreements; and WHEREAS, it would be consistent with the user fee cost recovery policy to set fees for these services at 25 °/u of their cost; and WHEREAS_ , the Council held a noticed public hearing concerning these proposed fees on June 17,1997; _ that: NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo SECTION 1. Exhibit A attached hereto is hereby adopted effective September 1, 1997. SECTION 2. Consistent with adopted cost recovery policies, all city fees will be reviewed and updated on an ongoing basis. Accordingly, the fees set forth in Exhibit A will be adjusted annually July 1 of each year by the annual percentage change in the U. S. Bureau of Labor Statistics (or successor agency) consumer price index for all urban customers (CPI -U) all cities average for the prior calendar year; and a comprehensive analysis of City fees similar to that prepared by DMG in March of 1995 should be made at least every five years. On motion of Council Member Williams seconded by Council Member Smith and on the following roll call vote:: AYES Council Members Williams, Smith, Romero, Roalman, Mayor Settle NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 7 day of June , 1996. ATTEST: :o � • tlerV PP • ,iImullLip Ci R8684 Page 2 Res. 8684 FEES FOR VARIOUS PLANNING SERVICES EFFECTIVE SEPTEMBER 1. 1997 Sidewalk Sales Permits $46.00 Christmas Tree/Pumpkin Lot Permits $21.00 Fence Height Exceptions $85.00 Voluntary Mergers $84.00 Agreements $86.00 F(- � V h RESOLUTION NO. 8683 (1997 Series) RESOLUTION OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE SAN LUIS OBISPO COUNTY ASSESSOR TO ASSESS AMOUNTS DUE ON DELINQUENT SOLID WASTE COLLECTION AND DISPOSAL ACCOUNTS AS LIENS AGAINST THE PROPERTIES WHEREAS, Section 8.40.070 of the San Luis Obispo Municipal Code establishes that all developed properties in the City must use the solid waste collection and disposal service provided by the City's franchisee, that the franchisee is responsible for collecting fees for the service, and that owners of developed properties are responsible for paying for the service; and WHEREAS, Section 8.04.070 of the Municipal Code further provides a method by which, once . each year, the franchisee may take actions to collect fees from the owners of developed properties involved in delinquent solid waste collection and disposal accounts; and WHEREAS, The franchisee, San Luis Garbage Company, has taken the actions required within the Municipal Code to collect fees from delinquent accounts as certified by franchisee and incorporated herein. NOW, THEREFORE, BE IT RESOLVED that the City Council of San Luis Obispo hereby authorizes the San Luis Obispo County Assessor to assess the amounts due on delinquent accounts as established and certified by the franchisee San Luis Garbage Company as liens against the developed properties listed below. PROPERTY OWNER PARCEL NUMBER AMOUNT Beng/Kim Lim 053- 183 -023 $39.00 William Tickell 003- 612 -012 $22.00 William Tickell 003 -612 -013 $80.00 Barbara Alexander 003- 646 -001 $135.00 Gary Cully 053- 245-001 $149.00 011ie Brigson 003 -636 -015 $154.00 Scott Prentis 052 - 123 -012 $250.00 Debbie Collins 003 - 736 -001 $185.00 Reuban Rodriguez 004733 -016 $249.00 William Clark 001 -013 -002 $207.00 Phillip Peterson 003- 531-006 $207.00 William Gregory 004 - 431 -022 $214.00 Wilbur /Anna Langford 053 -102 -005 $92.00 Skene Moody 003- 687 -071 $207.00 Richard Brovelli 003- 646 -016 $207.00 R8683 (' Resolution 8683- Liens on Delinquent Solid Waste Accounts Page 2 Upon motion of Council Member Romero seconded by Council Member Williams and on the following roll call vote: AYES: Council Members Romero, Williams, Smith, Roalman, Mayor Settle NOES: None ABSENT: None the foregoing resolution was adopted this 17 day of June , 1997 ATTEST: r Bronnih L. Ga City Clerk Mayor Allen Settle By: Kim Condon, Assistant City Clerk APPROVED AS TO FORM: 8682 RESOLUTION NO. (1997 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO SUPPORTING THE "EAST- WEST" DIVISION OF AREA CODE 805 AND RETENTION OF THE EXISTING 805 AREA CODE DESIGNATION BY THE "WEST" AREA WHEREAS, the California Public Utilities Commission (PUC) has determined that the 805 area code must be split in the near future because of growth in the region and increases in the types of telephone line services; and WHEREAS, the PUC and representatives of the telephone industry have developed two plans for geographically dividing the current 805 area code service area on either an "east -west' or "north- south" basis; and WHEREAS, the "east- west' alternative is clearly the best alternative in respecting and preserving the strong community of interest, intergovernmental relationships, and business, economic, cultural and personal identification of the tri- county, "central coast area. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby supports the "east- west" alternative for dividing the 805 area code, and encourages the PUC and California Code Administration to select this option, with the `west" area retaining the existing 805 area code designation. Upon motion of Council Member Romero , seconded by Council Member Williams , and on the following roll call vote: AYES: Council Members Romero, Williams, Smith, Roalman, Mayor Settle NOES: None ABSENT: None the foregoing resolution was adopted this 17 day of June , 1997. Mayor Allen Settle ATTEST: "EyClerk Bonni L, wf APPROVED AS TO FORM: ity f0 r y Exhibit 2.2 MONTEREY COUNTY -% J Paso Robles San Lula Obispo Wasco Momo) SAN IS OBISPO COUNTY Bakomfleld EM KERN COUNTY 41, Pbstno " Ta, 7ehachapl Cuyama I M ar! a Frasier Park Rosamond C 'u y SANTA BARBARA Lancaster COUNTY Palmdale LOMPOC 141 Barber LOS ANGELES VEII.,TL'nA Santa Barbara COUNTY Newhall COUNTY r 7 Ojai Paula rl Cvur.-I Boundary Ventura 9xistIng Arva Coe Oxnard S' q,fcv* C:Mlfcfnm Coce ACT:nj,.srrat1,11 MONTEREY CO, N 7 Paso Robles Son Luis Obispo Wasco SAN LUIS OBISF-0 COUNTY i Bak e r3 f le l d KEHN COUN TY _ `Taft ...... Me uyuna Tehac hapi havi Santa' • ..:: :: IPBf �IiQ i.::.F,_ SKNTA BARBARgk Frazier Park Rosamond_ _ COUNTY Lon Lancaster P almdale p Santm 0 Arba ra N U R LOS ANGELES I COU NT Y COUNTY Ojai Spilt Boundary P aule County sourJary Venture Ealstfrl: Area Ca Oxna d Oxna d Boundary 2.2 MONTEREY COUNTY -% J Paso Robles San Lula Obispo Wasco Momo) SAN IS OBISPO COUNTY Bakomfleld EM KERN COUNTY 41, Pbstno " Ta, 7ehachapl Cuyama I M ar! a Frasier Park Rosamond C 'u y SANTA BARBARA Lancaster COUNTY Palmdale LOMPOC 141 Barber LOS ANGELES VEII.,TL'nA Santa Barbara COUNTY Newhall COUNTY r 7 Ojai Paula rl Cvur.-I Boundary Ventura 9xistIng Arva Coe Oxnard S' q,fcv* C:Mlfcfnm Coce ACT:nj,.srrat1,11 ���`. ���c2� O O G� � H�' C RESOLUTION NO 868(1997 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING THE APPROPRIATIONS LIMIT AND SELECTING ADJUSTMENT FACTORS FOR 1997 -98 WHEREAS, the voters approved the Gann Spending - Limitation Initiative on November 6. 1979 and Proposition 111 on June 5, 1990, which establish and define annual appropriation limits on state and local government entities; and WHEREAS, regulations provide for the establishment by resolution by the governing body of each local jurisdiction of its appropriations limit and the annual adjustment factors; and WHEREAS, the required computations to determine the estimated appropriations subject to limitation for 1997 -98 have been performed by the Department of Finance and are available for public review. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby adopts the following appropriations limit and annual adjustment factors for 1997 -98: Appropriations Limit, 1996 -97 $26,889,000 Cost of Living Factor California Per Capita Income 4.676/o Population Factor County Population Growth 2.06% Appropriations Limit, 1997 -98 $28,724,500 Upon motion of Council Member Romero seconded by council Member- will lama , and on the following roll call vote; AYES: Council Members Romero, Williams, Smith, Roalman, Mayor Settle NOES: None ABSENT: None Resolution No. Page Two -BL (1997 Series) o the foregoing resolution was adopted this 17 day of .Tune 1997. Mayor Allen Settle ATTEST: ity Clerk Borfnie L GawlKl APPROVED IV � 6,� / C, ;�D RESOLUTION NO. 8680 (1997 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE EXECUTION AND DELIVERY OF AN INSTALLMENT PURCHASE AGREEMENT, AN INSTALLMENT SALE AGREEMENT, A TRUST AGREEMENT, A PURCHASE CONTRACT, AN OFFICIAL STATEMENT AND CERTAIN OTHER DOCUMENTS AND ACTIONS IN CONNECTION THEREWITH RELATING TO AN INSTALLMENT PURCHASE AND SALE FINANCING FOR VISTA HOSPITAL SYSTEMS, INC. WHEREAS, Vista Hospital Systems, Inc. (the "Corporation ") has requested the assistance of the City of San Luis Obispo (the "City ") in financing the costs of (i) acquiring, solely for the purpose of accomplishing the financing, an acute care hospital known as "French Hospital Medical Center" and certain related health care facilities and properties (collectively, the "Facilities "), all located within the City, from French Hospital Medical Center ( "French "), which now is (and, upon the consummation of the financing, will remain) the owner and/or operator of the Facilities, (ii) renovating, remodelling and equipping the Facilities, including related working capital requirements, (iii) funding a reserve fund for the benefit of the holders of the Certificates (as hereinafter defined) and (iv) paying certain fees and expenses incurred in connection with the financing; and WHEREAS, solely for the purpose of accomplishing the financing, it is proposed that (i) French, which, immediately prior to the hereinafter described transfer to the Corporation, will be converted to and become a California nonprofit public benefit corporation, will transfer the Facilities to the Corporation, (ii) the City will purchase the Facilities from the Corporation pursuant to an Installment Purchase Agreement (the "Installment Purchase Agreement ") between the City and the Corporation, (iii) the City will sell the Facilities to the Corporation pursuant to an Installment Sale Agreement (the "Installment Sale Agreement ") among the City, the Corporation and French pursuant to which the City will, at the direction of the Corporation, and concurrently with the execution and delivery of the Installment Sale Agreement, transfer the title to the Facilities back to French, and (iv) the City, the Corporation and BNY Western Trust Company (the "Trustee ") will enter into the Trust Agreement (the "Trust Agreement "), pursuant to which the Trustee will execute and deliver Certificates of Participation (the "Certificates "), each evidencing an undivided proportionate interest in the Installment Payments (as defined in the Installment Sale Agreement) to be made by the City pursuant to the Installment Purchase Agreement; and WHEREAS, the Installment Purchase Agreement requires the Installment Payments to be made at such times and in such amounts as will be sufficient to pay the principal or Prepayment Price (as defined in the Installment Sale Agreement) and interest payable with respect to the Certificates, but only from the Revenues (as defined in the Installment Sale Agreement) which consist primarily of the Payments (as defined in the Installment Sale Agreement) to be made by the Corporation pursuant to the Installment Sale Agreement; and D -4Lon Resolution No4 8680 Ct Page 2 I�-) WHEREAS, in order to secure their respective obligations under the Trust Agreement, the Corporation will assign and transfer certain of its rights under the Installment Purchase Agreement, and the City will assign and transfer certain of its rights under the Installment Sale Agreement, to the Trustee pursuant to the Trust Agreement; and WHEREAS, the Corporation and Vista Medical Foundation, Inc. (the "Foundation ") have heretofore established an Obligated Group under (and as defined in) the Amended and Restated Master Indenture of Trust dated as of February 15, 1996 (the "Master Trust Indenture") among the Corporation, the Foundation and First Trust of California, National Association, as master trustee (the "Master Trustee "); and WHEREAS, concurrently with the execution and delivery of the Installment Sale Agreement, the Corporation, as Obligated Group Representative, French and the Master Trustee will enter into the First Supplemental Master Indenture (the "First Supplement "), supplementing and amending the Master Trust Indenture (the Master Trust Indenture, as supplemented and amended by the First Supplement, being hereinafter referred to as the "Master Indenture "), in order, among other things, to provide for (i) the admission of French into the Obligated Group and (ii) the issuance by the Corporation, as Obligated Group Representative, of its Vista Hospital System, Inc. Obligated Group Obligation, Series 1997A (the "Series 1997 Obligation "); and WHEREAS, the Corporation will deliver the Series 1997 Obligation to the Trustee concurrently with the execution and delivery of the Trust Agreement and the Installment Sale Agreement in order to secure the Corporation's obligation to make Payments under the Installment Sale Agreement and the payment of any Additional Payments to be made under the Installment Sale Agreement; and WHEREAS, a substantial portion of the persons treated at and otherwise utilizing the health care services provided by the Facilities are residents of the City, and a substantial portion of the persons employed at the Facilities are residents of the City; and WHEREAS, the City is authorized under the provisions of Chapter 5 of Part 2 of Division 3 of Title 4 of the Government Code of the State of California to purchase and sell real and personal property in the manner contemplated by the Installment Purchase Agreement and the Installment Sale Agreement for the common benefit and as is necessary or proper for municipal purposes; and WHEREAS, pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code "), in order for the Certificates to qualify as obligations, the interest on which is excluded from gross income for federal income tax purposes, this City Council, as the elected legislative body of the City, is required to approve the issuance of the Certificates after a public hearing following reasonable public notice at which hearing interested individuals are provided the opportunity to express their views, both orally and in writing, on the proposed execution and delivery of the Certificates and the location and nature of the Facilities; and Resolution No. 8680 Page 3 I� WHEREAS, a Notice of Public Hearing in the form attached hereto as Exhibit A was published on May 19, 1997 in the San Luis Obispo County Telegram- Tribune, which is a newspaper of general circulation in the City; and WHEREAS, in compliance with Section 147(f) of the Code, the Notice of Public Hearing contains a general, functional description of the Facilities, the street address of the Facilities and the maximum aggregate principal amount of the Certificates proposed to be issued and identifies French as the initial owner and /or operator of the Facilities; and WHEREAS, prior to the adoption of this Resolution, the City Council held a public hearing in compliance with Section 147(f) of the Code; and WHEREAS, this City Council has determined that it is appropriate and lawful for the City to participate in the above - described financing in the manner described in the recitals to this Resolution; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AS FOLLOWS: SECTION 1. F'mdin¢s. By participating in the financing described in the recitals to this Resolution, the City will provide for the health and welfare of its residents and further its public purposes by causing essential health care services and facilities to be provided to the residents of the City. SECTION 2. Public Approval. This City Council hereby approves the execution and delivery of the Certificates and incorporates the information contained in the Notice of Public Hearing attached hereto as Exhibit A as part of its approval, all in accordance with Section 147(f) of the Code. SECTION 3. Installment Purchase Agreement. The proposed form of the Installment Purchase Agreement in the form on file with the City Clerk is hereby approved. The Director of Finance or his designee is hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver the Installment Purchase Agreement in substantially said form, with such other changes therein as such official may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof. SECTION 4. Installment Sale Agreement. The proposed form of the Installment Sale Agreement in the form on file with the City Clerk is hereby approved. The Director of Finance or his designee is hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver the Installment Sale Agreement in substantially said form, with such changes therein as such official may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof. SECTION S. Trust Agreement: Certificates. The proposed form of the Trust Agreement in the form on file with the City Clerk is hereby approved. The Director of Finance or his designee is hereby authorized and directed, for and in the name and on behalf of the City, Resolution No. 8680 C, Page 4 K to execute and deliver the Trust Agreement in substantially said form, with such changes therein as such official may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof. The Trustee is hereby authorized and directed to execute and deliver the Certificates pursuant to, and in accordance with the terms of, the Trust Agreement and in substantially the form attached to the Trust Agreement, with such changes as the official of the City executing the Trust Agreement may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof; provided that (i) the conditions set forth in the Purchase Contract (as hereinafter defined) for the purchase of the Certificates by the Purchaser (as hereinafter defined) shall have been satisfied prior to such execution and delivery, including receipt of the approval of the Federal Trade Commission, (ii) the aggregate principal payable with respect to the Certificates shall not exceed $60,000,000, plus the amount of any original issue discount, (iii) the interest payable with respect to the Certificates shall not exceed 10% per annum, (iv) the final payment of principal payable with respect to the Certificates shall occur not later than 33 years after their dated date and (v) the Prepayment Prices payable upon any optional prepayment of the Certificates shall not exceed 105%. The payment dates, the terms of prepayment and all other terms of the Certificates shall be as provided in the Trust Agreement and the Certificates, as finally executed. SECTION 6. Purchase Contract. The proposed form of the Purchase Contract, including the Letters of Representation attached thereto as Exhibit A and Exhibit B, to be dated as of the date of its execution and delivery (the "Purchase Contract "), among Cain Brothers & Company, Incorporated, as the initial purchaser (the "Purchaser ") of the Certificates, the City and the Corporation in the form on file with the City Clerk is hereby approved. The Director of Finance or his designee is hereby authorized and directed to execute and deliver the Purchase Contract in substantially said form, with such changes therein as such official may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof; provided that the purchase price of the Certificates, excluding any original issue discount, shall not be less than 98% of the aggregate principal payable with respect to the Certificates, plus accrued interest from the dated date of the Certificates. SECTION 7. Preliminary Official Statement, Official Statement. The use and distribution of the Preliminary Official Statement relating to the Certificates (the "Preliminary Official Statement ") in the form on file with the City Clerk is hereby approved. The Director of Finance or his designee is hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver the final Official Statement, to be dated as of the date of the Purchase Contract (the "Official Statement "), in substantially the form of the Preliminary Official Statement, with such changes as such official may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof. The Purchaser is hereby authorized to distribute copies of the Official Statement. SECTION 8. Other Official Actions. The Director of Finance or his designee is hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents that he or she may deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this Resolution and the transactions contemplated by this Resolution and by the documents hereinabove authorized, including without limitation a Blanket Letter of Representations from the City to The Depository Resolution No. 8680 O Page 5 Trust Company, as Securities Depository (as defined in the Installment Sale Agreement) for the Certificates, and a Non - Arbitrage Certificate relating to the exclusion of the interest components of the Installment Payments from the gross income of the holders of the Certificates for federal income tax purposes. SECTION 9. Effective Date, Duration. This Resolution shall take effect on the date of its approval and adoption by this City Council. The authorizations and approvals set forth in this Resolution shall terminate and be of no further force and effect six (6) months after the date of its adoption by this City Council. Resolution No. 8680 Page 6 /D On motion of Council Member Williams , second by Council Member Romero , and on the following call vote, to wit: Ayes: Council Members Williams, Romero, Yoalman, Smith and Mayor Settle Nayes: None Absent: None the foregoing resolution was passed and adopted this 3rd day of June,. 1997. Mayor Allen K. Settle ATTEST: L �fty Clerk BpffnieZt. Ga kf APPROVED AS TO FORM: IFIRM APPROVED AS TO CONTENT: EXHIBIT A to Resolution of City of San Luis Obispo #8680 NOTICE OF PUBLIC HEARING Public Notice is hereby given that a public hearing will be held by the City Council of the City of San Luis Obispo (the "City ") on June 3, 1997, at 7:00 p.m., in the City Council Chambers located at 990 Palm Street, San Luis Obispo, California, with respect to the proposed execution and delivery of one or more series of Certificates of Participation in an aggregate principal amount not to exceed $60,000,000 (the "COPS "). The COPS will evidence proportionate interests of the holders thereof in installment payments to be made by the City to Vista Hospital Systems, Inc. ( "Vista ") under an Installment Purchase Agreement pursuant to which Vista will sell the Facilities (as hereinafter defined) to the City. The proceeds of the sale of the COPS will be used, together with other available funds, (i) to finance the acquisition of an acute care hospital and other related health care facilities (the "Facilities ") which the City will sell back to French Hospital Medical Center ( "French "), which, on the date of delivery of the COPS, will be a California nonprofit public benefit corporation, under an Installment Sale Agreement pursuant to which Vista will make installment payments to the City, (ii) to pay the costs of renovating, remodeling and equipping the Facilities, (iii) to fund a reserve fund for the benefit of the holders of the COPS, (iv) to provide working capital and (v) to pay certain expenses incurred in connection with the delivery of the COPS and the transactions to be financed thereby. The Facilities, which will initially be owned or leased by French, are located at the following addresses, all within the City of San Luis Obispo: (1) A 124 - licensed bed acute care hospital known as "French Hospital Medical Center" located at 1911 Johnson Avenue; (2) a parking lot for the hospital located at 1250 Iris Street; (3) a vacant lot of land located at 1800 Ruth Street; (4) an urgent care center located at 221 Madonna Road; (5) a medical office building located at 1941 Johnson Avenue; (6) a parking lot for the medical office building located at 1943 Johnson Avenue; and (7) a 23 -bed transitional care facility located at 1575 Bishop Street. Neither the installment payments to be made by the City pursuant to the Installment Purchase Agreement nor the COPS constitute a debt or liability of the City within the meaning of any constitutional or statutory prohibition. Neither the faith and credit nor the taxing power of the State of California or any political subdivision, municipality, agency or instrumentality thereof, including the City, is pledged to the payment of said installment payments or the COPs. The obligations of the City to make said installment payments are limited obligations payable solely from the installment payments to be received by the City from Vista pursuant to the aforesaid Installment Sale Agreement. The public hearing is required by Section 147(f) of the Internal Revenue Code of 1986. Any person interested in the execution and delivery of the COPS or the location and nature of the Facilities may appear and be heard. Written comments may be submitted to the City Clerk at her office located at 990 Palm Street, San Luis Obispo, California 93401 until June 3, 1997. Subsequent to the public hearing, the members of the City Council will consider a resolution approving the execution and delivery of the COPS. NOTICE DATED: May 19, 1997. /s/ Bonnie Gawf, City Clerk City of San Luis Obispo, California C:1wP611dooslssnluis %vi=t 97W093.R"16/21197;Wl==i1: ,,, � , �, ,% ���G;,v ✓� RESOLUTION NO. 8679 (1997 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO FOR SETTING GREEN FEES EFFECTIVE JULY 1, 1997. WHEREAS, it is the policy of the City of San Luis Obispo to review program fees on an ongoing basis; and WHEREAS, those fees are adjusted as required to ensure they remain equitable and adequate to cover the cost of providing services; and WHEREAS, a comprehensive analysis of the Golf Course Fund has been performed for fiscal year 1997 -98 and 1998 -99. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: 1997. SECTION 1. Resolution No. 8422 (Series 1995) is hereby rescinded, effective July 1, SECTION 2. The following green fees shall be as follows, effective July 1, 1997: Senior /Youth Weekdays $5.00 General Weekdays $7.00 Senior/Youth Weekends $5.75 General Weekends $7.75 Senior /Youth 10 -Play Card $45.00 General 10 -Play Card $55.00 SECTION 3. The fees for the driving range, wholesale goods, lessons, and other special activities shall be set by the Parks and Recreation Director and the Golf Course Supervisor. Upon motion of Williams on the following roll call vote: seconded by Romero ,and AYES: Council Members Williams, Romero, Roalman, Smith and Mayor Settle NOES: None ABSENT: None R8679 Resolution No. 8679 ( -_�7 Series)�� Page 2 the foregoing resolution was adopted this 27th ATTEST: onrue Gawf, ty Ca rk APPROVED AS TO FORM: CidAttome day of May 1QQ7 ��� � tic ,� � ' ��� ATTACHMENT RESOLUTION NO. 8678 (1997 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING SEWER SERVICE RATES WHEREAS, it is the policy of the City of San Luis Obispo to review enterprise fund fees and rates on an ongoing basis and to adjust them as required to ensure that they remain equitable and adequate to fully cover the cost of providing services; and WHEREAS, a comprehensive analysis of sewer find operating, capital and debt service needs has been performed for fiscal years 1997 -98 through 2000 -01; and WHEREAS, the City Council.has reviewed the sewer service rates necessary to meet operating and system improvement requirements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby declares: SECTION 1. Resolution No. 8542 (1996 series) is hereby rescinded on the effective date of this resolution.. SECTION 2. The rates set forth in Exhibit .A shall be effective July 1, 1997 and July 1, 1998. On motion of Council Member Smith , seconded by Council Member Williams, and on the following roll call vote: AYES: Council Members Smith, Williams, Roalman, Romero and Yayor Settle NOES: None. ABSENT: None The foregoing Resolution was adopted on this ATTEST: .. n�_ APPROVED AS TO •.0 l /L` LIR We' e 27th day of ICY 1997_ 2 TL-14 EXHIBIT A MONTHLY SEWER SERVICE CHARGES. —Effective Date Type of Account 7/1/97 7/1/98 Single family dwelling, including single meter condominiums and townhouses .$21.47 $21.79 Multi-family dwelling in any duplex, apartment house or roominghouse, per each dwelling unit 16.91 17.16 Mobile home or trailer park, per each dwelling unit 12.76 12.95 Public, private, or parochial school, average daily attendance at the school 2.41 145 All other accounts Minimum charge 21.47 21.79 Additional charge for every 100 cubic feet in excess of 500 cubic feet of metered water consumption 2.51, 2.55 Each vehicle discharging o City system arging sewer into Miniffidin charge 70.73 71.79 Additional charge per 100 gallons in excess of 1566 gallons di I scharged 4.25 4.31 ✓/ � � '� � v �% ,�'` -� v � . ATTACHMENT RESOLUTION NO. 8677 (1997 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING WATER SERVICE RATES WHEREAS, it is the policy of the City of San Luis Obispo to review enterprise find fees and rates on an ongoing basis and to adjust them as required to ensure that they remain equitable and adequate to fully cover the cost of providing services; and WHEREAS, a comprehensive analysis of water fund operating, capital and debt service needs has been performed for fiscal years 1997 -98 through 2001 -02 with the goal of ensuring the Water Fund's ability to pay for the full amount of water established by the City's adopted General Plan; and WHEREAS, the Council has reviewed the water service rates necessary to meet system operating, capital and debt service requirements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby declares as follows: SECTION 1. Resolution No. 8420 (1995 Series) is hereby rescinded. SECTION 2. The rates set forth in Exhibit A are hereby adopted, which retain rates from July 1, 1996; and set new rates effective July 1, 1998; and July 1, 1999. On motion of Council ATambPr wi 11 i amsseconded b y(rnmri l Tiamhar Rnmarn and on the following roll call vote: AYES: Council Members Williams, Romero, Roalman, Smith and Mayor Settle NOES: None ABSENT: None The foregoing Resolution was adopted on this 27 day of t•-Tay 1997. ATTEST: ty Clerk Bo pKe Ga APPROVED AS TO FORM: U:1 -T&A EXHIBIT A RATES FOR WATER SERVICE Monthly water service charges per hundred cubic feet of water (ccf) used per dwelling unit for accounts classified as residential by the Director of Finance and per account for all other users, are as follows: Commodity Charges Per CCF Effect£ve July 1, 1995 lnsFde Crty .:.: `Outs4& tv 1. Construction Meters 1 ccf $ 2.75 $ 5.50 In excess of 1 ccf thereafter $179.50 $359.00 All Others 1 to 5 ccf $ 2.75 $ 5.50 More than 5 ccf $ 3.45 $ 6.90 All Others I to 5 ccf $ 2.79 $ 5.58 More than 5 ccf $ 3.50 $ 7.00 Exhibit A: Water Rate Page 2 Commodity Charges Per CCF ........................... ............ .. . . . ............ ............ ............. .. .. ....... 19�, .: .... 0 ............... E Asl�e Cit",:.... -:: iltsid&QN..... I'll., I .... a ... I ...... .. ! -Y .......... % ................................ . . Construction Meters I ccf $ 2.86 $ 5.72 In excess of I ccf thereafter $186.75 $373.50 All Others I to 5 ccf $ 2.86 5.72 More than 5 ccf $ 3.59 $ 7.18 vAl RESOLUTION NO. 8676 (1997 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CERTIFYING THE ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE PREFUMO CREEK HOMES ANNEXATION PROJECT LOCATED AT 1855 PREFUMO CANYON ROAD (ER 26-95) WHEREAS, public hearings on this EIR were held before the Planning Commission on November 6, 1996, and March 3, 1997, and the City Council on April 1, 1997; and WHEREAS, the EIR was considered by the City Council after extensive review by City staff and other agencies, and with the comments of the Planning Commission and concerned public; and WHEREAS, the potential environmental impacts of the project have been evaluated in accordance with the California Environmental Quality Act and the City's Environmental Guidelines. BE IT RESOLVED by the City Council as follows: SECTION 1. Environmental Determination. The City Council hereby certifies that the Final Environmental Impact Report for the Prefumo Creek Homes Subdivision and Annexation Project adequately identifies the project's potentially significant impacts, alternatives to the proposed action, and recommended mitigation measures. SECTION 2. Findings. 1. The Final EIR was prepared in compliance with the California Environmental Quality Act (CEQA) and was considered by the City prior to any approvals of the project. 2. The Final EIR reflects the independent judgment of the City. n QC 7r i Resolution No., 8676 Page 2 3. For each significant effect identified in the EIR under the_categories of Land Use, Traffic and Circulation, Noise, Air Quality, Geotechnical Conditions, Drainage and Water Quality, Aesthetics, Public Services, Utilities, and Cultural Resources, the approved mitigation measures contained in the EIR and attached as Exhibit A, will avoid or substantially lessen the identified adverse environmental impacts of the project to a level of insignificance and have been incorporated into the project. 4. The significant effects identified in the Biological Resources Section of the EIR will not be fully mitigated to a degree of insignificance with the incorporation of all of the identified mitigation measures included in Exhibit A or the adoption of one of the alternatives to the project analyzed in the EIR. However, the Council finds that the adverse environmental effects are acceptable and makes a statement of overriding considerations for those significant and unavoidable environmental impacts because:. a. the project, with its dedication in fee to the City of, approximately. 366 acres of open space, is consistent with Open Space Policy 1.C., Urban Reserve (numbered as Policy 13.2.1 C in the general plan digest), which "requires projects that would. involve minor expansions of the URL to secure open space" on land adjoining but outside the new URL location; b. the project is consistent with City goals to provide a wide range of housing types to meet the needs of various income levels and housing preferences; c. the home sites will be serviced by City utilities and will be under City jurisdiction which is preferred for urban scale development at the edges of the City limits; d. the proposed open space corridor and the mitigation measures included in Exhibit A will lessen the significance of the significant and unavoidable effects of the project identified in the Biological resources Section of the EIR. 5. The Mitigation Monitoring Program has been reviewed and approved by the City Council in conjunction with the certification of the Final EIR. SECTION 3. Effective May 20, 1997, Resolution No. 8656 (1997 Series) is hereby rescinded. Resolution No. 8676_ Page 3 On motion of Council Member Romern seconded by Council Member Williams. .,and on the following roll call vote: AYES: Council Members Romero, Williams, and Smith NOES: Council Member Roalman, Mayor Settle ABSENT: None the foregoing resolution was passed and adopted this 20 day of May , 1997. Mayor Allen Settle ATTEST: C121 /Z ZI ity Clerk Bonnie Gawf APPROVED AS TO FORM: �'. -F,,i(eff _ . IAIaguna\Rev.ElR Res Prefumo Creek Homes EIR Mitigation Measures Land Use EXHIBIT A D -7. To achieve consistency with policy 1.13:3 of the Land Use Element (development plans), any of the following actions is required: a. A specific plan must be prepared, or b.. The proposal must be amended to include a PD (Planned Development) or an S (Special Conditions) overlay district and a development plan must be prepared, or c. City planning officials may determine that the .submitted subdivision map allows for adequate review of the project. D -8. To achieve consistency with policy 1.9.3 of the Land Use Element, policy 4C of the Circulation Element and policy 2 of the Open Space Element (pedestrian paths /trails) either of the following actions are required: a. City planning officials may determine that the policy does not apply in this instance because of security and privacy considerations; or b. Require the applicant to identify and install a trail system as a condition of the tentative subdivision map approval. D -9. To achieve consistency with policy 6.1.1, 6.2.0, 6.2.1, and 6.2.2 of the Land Use Element (geologic hazards), the City must take either of the following actions: a. Eliminate lots 22 -25 and lots 28-30 from the proposed subdivision; or, b. Adopt the mitigation measures proposed by the Geotechnical Conditions section in this EIR. D -10. To achieve consistency with policy 6.2.6 J of the Land Use Element (density and development of Prefumo Creek area), the City must take either of the following actions: a. The policy must be deleted, or b. It must be amended to allow the proposed density. D -11. To avoid inconsistency with policy 6.2.6 J of the Land Use Element (density and development of Prefumo Creek .area),.lot 12 must be deleted from the tentative subdivision map (also see mitigation measure K -7). D -12. To. achieve consistency with policy 2.231 and 6.4.6 of the:La_nd.Use.Element (creek corridor protection), and policies I.A. LE, and 3'.A of the Open Space Element (creek corridor protection), the tentative subdivision map must be redrawn to exclude areas within the top of the bank of Prefumo Creek .within privately owned lots. D -13. To achieve consistency with policy LCA, 2.A, 2.B.1, 2.B.2 and 2:C (grasslands) of the Open Space. Element, the City must include findings, in its approval of the tentative subdivision map, that these policies are discretionary along with the reasons why these policies should not be applied in this instance. IMA. To achieve consistency with objective 5 and policy 1.5 (air quality) of the Circulation Element, the City must include the residential portion of. the project within the urban reserve line. The City must also make a finding that adjustment of the urban reserve line does not violate the City's commitment to supporting the efforts of the Air Pollution Control District to implement its Clean Air. Plan. D -15. To achieve consistency with policy 1.31.2 of the L Housing Element (consistency with other general plan policies), the City must adopt mitigation measures D -1. through D =15. D -16. To achieve consistency with policy 1.31.2 of the Housing Element (housing on geologic hazards), the mitigation measures required by the Geotechnical Conditions section in this EIR must be followed. D -17. To achieve consistency with program 2;22.1 of the Park and Recreation Master Plan (provision of athletic fields), the project shall be required to pay park and. recreation fees, in addition to the dedication of open space, to help finance new athletic fields in the area. Traffic and Circulation E -2. To mitigate the existing deficiencies on Prefumo Canyon Road and Descanso Drive and the additional impact created by the proposed project, the. City shall take either of the following actions: a. Reclassify Prefumo Canyon Road as a residential arterial between Del Rio Avenue and Los Osos Valley Road and develop a neighborhood traffic management plan to reduce travel speeds and divert traffic from Descanso Drive to Prefumo Canyon Road, or b. Amend the Circulation Element to increase the desired maximum average daily traffic volumes and desired maximum speed for Prefumo Canyon Road and Descanso Drive. E -3. To maintain consistency with the City's Bicycle Transportation Plan, the City shall take either of the following actions: a. Require construction of a bicycle route along Prefumo Canyon Road, or b. Require construction of a bicycle route through the project. on the main access road and along the emergency only access road. E-4. To improve safety conditions along Prefumo Canyon Road, sight distance to the east must be improved by moving the main access road eastward as far as possible. The final main access road shall be approved by the Public Works Department. E -5. Cumulative impacts can be mitigated by implementing mitigation measure E -2 Noise F -1. Require the applicant to complete grading within a four -month period. Assess liquidated damages if the grading exceeds this time period. F -2. Limit all project- related construction to daytime hours (lam to 6pm).. Prohibit any construction activity, not including grading, from occurring at least one day a week. F -3. Clearly post noise restrictions on -site until the proposed project is completed. Air Quality G -1. All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. During the time period in which grading will .occur, watering shall occur at least twice daily including weekends with . complete coverage, preferably in the late morning and after work is finished for the day. Reclaimed, nonpotable water from a source other than Prefumo Creek shall be used whenever possible. G -2. All clearing, grading earth- moving, or excavating activities shall cease during periods of high winds (greater than 15 mph. averaged over one hour) so as to prevent excessive amounts of dust. G -3. If soil materials are transported off -site, they shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. G-4. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be sown with fast - germinating native grass seed and watered until vegetation becomes established. G -5. All disturbed areas not subject to revegetation shall be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by APCD. G -6. On -site vehicle speed during construction shall be. limited to 15 mph for any unpaved surface. G -7. All unpaved areas with vehicle traffic shall be-watered at. least twice per day including weekends, using nonpotable water from a source other than Prefumo Creek. G -8. Wheel washers shall be installed where vehicles enter and exit unpaved roads and streets, or provisions shall be made to wash off trucks and equipment leaving the site. G -9. "Best Available Control Technologies for Construction Equipment" (CBACT) shall be applied to- hveone piecesof diesel- fueled construction equipment involved in grading operations. APCD - recommended modifications are the following: a. Injection timing retard of two degrees, b. Installation of high pressure injections, and c. Use of reformulated diesel fuel. G -10. APCD recommends the following measures to address concerns of asbestos - containing material: a. A sampling and survey work plan shall be prepared for APCD approval. Elements should include but are not limited to geological mapping of the site, sampling strategy, and lab analysis methodology. b. After APCD approval of the work plan, the sampling and survey activities and lab analysis shall be carried out. Results should be submitted to the District for review 30 days prior to the start of construction. c. If asbestos - containing material is determined to be present, an asbestos health and safety program /work plan for construction activities in serpentine to comply with state and federal law will be required. Work plan elements should include construction and project strategy to prevent emissions to ambient air, a 10- working day advance notice of project start date to APCD, . protection methods to prevent worker exposure, and the presence of a California - certified asbestos environmental monitor or registered geologist with asbestos certification on -site during construction activities to identify potential unmapped or subsurface serpentiInte and to initiate . contractor /worker emergency procedures if required. d. If asbestos- containing material is determined to be present, none of it shall be used as surface -layer material on any part of the project such. as road beds, building pads, or landscaped area. e. If asbestos - containing material is determined to be present, notification to buyers shall be required. f. If asbestos - containing material is not found in.the.serpentine deposits on the proposed project site, the APCD requires the preparation of an emergency work plan to address potential unmapped or subsurface serpentinite, the presence of a certified asbestos environmental monitor or registered geologist during construction activities to initiate an emergency work plan if necessary, and notification of APCD of the project start date. Geotechnical Conditions H -4. Additional geotechnical engineering shall be performed during preparation of the grading and improvement plans for the project. This work. will include the development of foundation recommendations, grading specifications, and .other final engineering details for individual lots or smaller areas of the project. Geotechnical engineering performed at this point should consider grading throughout the entire. project to avoid the need for repetitive studies as individual lots are developed in the future. The resulting plans will incorporate walls, buttresses, subsurface drains, and other features to remove and /or stabilize the landslide deposits on the project site. Appropriate stability analyses documenting the performance of all slopes under ground- shaking conditions will be provided. opment. All. plans and studies will be subject to review and Engineering Department. Drainage and Water Quality I -4. As part of the grading and improvement plans for the project, the applicant shall prepare more detailed drainage and erosion control plans and install erosion control irnprovements in appropriate.locations. These plans must also indicate points of access for maintenance of the creek and must be approved by the City Engineering Department. I -5. To ensure coordination of streambed alterations and to minimize .repetitive construction projects within the streambed, the developer shall design and disclose to regulatory agencies all proposed structures and activities within the streambed. These would include all road construction, pipeline installation, erosion protection, water and sewer improvements, drainage control and discharge structures, debris removal, vegetation removal, revegetation, and any other activities that would involve work in or adjacent to the streambed or within the jurisdictional wetlands. The agencies to. be notified and authorizations to be obtain include the U.S. Army Corps of Engineers - Section 404 Permit; the Regional Water Quality Control Board - Section 401 Water Quality Certification; and the California Department of Fish and Game - Section 1603 Streambed Alteration Agreement. I -6. To reduce the potential for short -term debris transport and accumulation within the strearnbed and to improve the capability of .the City to provide long -term maintenance, prior to transferring the creek open space area. to the. City, the applicant shall prepare and implement a program to remove .excessive vegetative debris, old lumber, and other material that would tend to accumulate and obstruct flows within the streambed. This measure is not. intended to remove live vegetation or to disrupt biological habitat and should be oriented towards removal of downed eucalyptus branches and similar material. The program should be designed and implemented with input from a qualified biologist and with approval of regulatory agencies as part of the larger program. of streambed alterations discussed below. Biological Resources J -4. A 30 -foot building . setback from the edge of the riparian vegetation shall be established for lots 1 -14, 37, and 38. No disturbances other than those required . to mitigate erosion problems or to ensure adequate drainage shall be allowed. J -5. In the vicinity of lots 31 -38, the main road shall be reduced to 30 feet and moved at least 20 feet from the top of the creek bank or from the edge of the dripline whichever is greater. If substandard -size lots result from this action, these lots shall be eliminated from the tentative subdivision map. J -6. The stands of perennial, native bunch grasses left in the open areas in the southeastern corner above the building envelopes of lots 14, 15, and 19 shall be protected. No ornamental plantings or other homeowner - related disturbances will be allowed in this area. J -7. The tentative subdivision map shall be redrawn so that the freshwater marsh, located on-lot 15, shall be located in the open space area. J -8. Once bridge and road construction drawings and a more detailed grading plan are available, a plant ecologist /restoration specialist shall prepare a restoration plan. . The plan shall survey the site for sensitive plant species as identified in the Draft EIR; identify suitable sites for replanting the: species affected, establish replanting ratios, and contain a monitoring ;plan to ensure the Y 7 success of the replanting. Preparation of the restoration plan- shall. be the responsibility of the project sponsors. J -9. Disturbed areas around the bridge construction site shall be revegetated - with native riparian vegetation as soon as possible following .the, construction.. Any necessary pruning of trees in the vicinity shall be conducted by a certified arborist. J -10. Trenching needed for the waterline which will cross Prefumo Creek shall be by auguring or by hand-trenching. If roots over one -inch in diameter are encountered, . these roots shall be cleanly cut along the sides of the trench. J -11. CC &R's shall .ensure that the oak and riparian woodlands in the adjacent open space areas are left undisturbed and managed properly after development, and no ornamental plantings or other related disturbances occur following development. J -12. The disruption. of the riparian and creek area will be mitigated by complying with the California Department of Fish and Game streambed alteration permits and the U.S. Army Corps of Engineers wetland permits. The applicants (or their successors) for the proposed project will prepare the necessary . documentation /mitigation plans to obtain the permitting from these agencies. Aesthetics K -7. Lot 12 should be eliminated from the tentative subdivision map. K -8. As a part of the application, the applicant shall submit a landscape, irrigation, and maintenance plan to the City Architectural Review Commission for review and approval.. The plan shall be prepared by a licensed landscape architect and a qualified plant restoration ecologist and shall include the following: a. Planting along either side of the riparian corridor where necessary to provide complete screening of the interior of the site from viewing areas along Prefumo Canyon Road. Screen planting shall be of the scale such that at maturity, views of the hills above the development are not blocked. b. All planting near the creek and between the creek and Prefumo Canyon Road- shall be site - appropriate native vegetation.. c. Planting of trees and shrubs on both sides of the proposed entry road between the creek and Prefumo Canyon Road in a way should block direct views into the site as seen from the straight section of Prefumo Canyon Road to the east. d. Screen planting along the north side of lot 13 would help block views from Prefumo Canyon Road through the gap created by the bridge and into the site. e. Planting shall be placed between lot 12 as shown on the tentative subdivision map dated 8 -1 -95 and Prefumo Canyon Road so. that views from Prefumo Canyon Road will be screened from both east and westbound views. f. Planting around the entry road between the creek and Prefumo Canyon Road shall be designed to duplicate a naturally occurring native plant community, not a formal entry to a subdivision. The planting shall 'include appropriate trees and associated understory. g. Appropriate existing on -site planting such as native perennial grasses and coastal shrubs shall be integrated into the excavated slope in order to blend visually the cut area with the adjacent land cover. The excavated slope shall not be aesthetically "landscaped" or irrigated in such away which would create an artificial green appearance during the summer months. h. Trees, shrubs, and groundcover within the interior of the development shall be included which are native to the area or are drought - tolerant and have a native appearance. i. All screen planting along the creek and along the north side of Prefumo Canyon Road shall commence either concurrently or before the initial site grading commences. Where screen planting would be impacted by construction of the bridge or entry road, planting in those specific areas shall occur immediately after construction in that area. Screen planting 71 1 Community Development Department. Planting within the development indicated on the landscape plan shall be planted prior to the sale of any of the residential lots which would be created as a result of this project. j. Where slow- growing plant material is used for screening purposes, larger -size container plants shall be used:. k. After construction, seed shall be applied to all disturbed slopes. The seed shall consist of species existing on the site prior to disturbance. Aesthetics K -9. The height of residences on lots 1 -29 shall be restricted to 25 feet, measured as provided under Section 17.16.040 of the City's - zoning regulations. K -10. Individual lot owners shall submit plans to the Community Development Department for architectural review and approval. The applicant's submittal shall follow Community Development Department guidelines and include a site plan, general project statistics, grading and drainage plan, landscape development plan, material samples board, sectional drawings, and other information. K -11. All excavated slopes shall incorporate slope- rounding as part of their design. The slope - rounding shall be of the largest radius practical to blend visually with adjacent slopes. K -12. A geotextile capable of allowing grass- growthshall- be used to line. the rock lined swale above lots 19, 20, 23, and 24. K =13. All topsoil removed from graded areas shall be stockpiled and redistributed to the greatest extent possible throughout the site where landscaping and revegetation will likely occur. K -14. All street and home lighting shall be shielded in order: to screen light sources ' from neighboring properties and from Prefumo Canyon Road. Lighting details shall be reviewed through the architectural review process. K -15. Covenants, conditions and restrictions (CC &R's) shall be submitted for consideration along with the tentative subdivision map to .ensure.. the. on -going protection of the oak woodland, grasslands; existing individual trees, and all riparian vegetation including shrubs. Public Services M -5. A fire management plan shall be prepared by a landscape architect to identify specific fire safety measures that will reduce the possibility of a severe. fire in the area. The plan will provide precise dimensions and standards for a fuel- break . around each residential lot which borders the oak woodland or riparian. area and for the emergency access road. The fire management plan will clearly define the responsibilities of each homeowner and the responsibility of the homeowner's association for maintaining fire safety. The final subdivision map shall not. be approved until the fire management plan has been submitted and approved by SLOFD and the City's Architectural Review Commission. M -6. Based on the fire management plan, covenants, conditions, and restrictions (CC &R's) shall be developed to identify clearly the fire safety responsibilities of the homeowners association and of the individual lot owners. M -7. For lots 1 -11, 13,14, and 38 as shown on the tentative subdivision map dated 8 -1 -95, any, or any combination, of the following options may be used to provide an adequate fuel - break.: a. A variance from the front yard setback requirements may be granted to allow the building envelopes for these lots to be closer to the street. b. Redrawing the building envelopes would result in compliance with the 30- foot greenbelt requirement. c. If after item a. and b. above have been implemented and the 30 -foot greenbelt requirement still cannot be met, structures shall be constructed of nonflammable exterior materials. Public Services Cumulative Impacts M -8. By following the mitigation measures. already adopted for the LUCEEIR for fire protection and law enforcement, cumulative impacts can be mitigated to a less than significant level.. No further mitigation is, therefore, required. Utilities N -3. To minimize, the potential for failure of the project's sewer pump station and force main, a program and documentation for emergency responses must be provided to the City prior to final approval. This emergency response plan must identify a most probable type of failure and specify contacts and responsibilities for the emergency response. Arrangements with a private contractor. capable of providing emergency repairs must be shown to the satisfaction of the City as part of this plan. If required by the City the pump station shall be urovided with an emergency power supply must take either of the following actions: a. Require the applicant to use another source. of water for irrigation needs. Cultural Resources 0-1. If any prehistoric cultural materials or buried concentrations of historic cultural materials are unearthed, work within 1,000 feet of the find should be halted until they can be examined and evaluated by a qualified archaeologist. i RESOLUTION NO. 8656 (1997 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CERTIFYING THE ENVIRONMENTAL MOACT REPORT (EIR) FOR THE PREFUMO CREEK HOMES ANNEXATION PROJECT LOCATED AT 1855 PREFUMO CANYON ROAD (ER 26-95) WHEREAS, the Planning Commission and the City Council.have held. public.hearings.on this EIR in accordance with the California Government Code; and WHEREAS, the EIR comes to the City Council after extensive review and with the comments of the Planning Commission and concerned public; and WHEREAS, the potential environmental impacts of the project have been evaluated in accordance with the California Environmental Quality Act and the City's Environmental Guidelines. BE IT RESOLVED by the City Council as follows: SECTION 1. Environmental Determination. The City Council hereby certifies that the Final Environmental Impact Report for the Prefumo Creek Homes Subdivision and Annexation Project adequately identifies the project's potentially significant impacts, alternatives to the proposed action, and recommended mitigation measures. SECTION 2. Findings. 1. The Final EIR was prepared in compliance with the California Environmental Quality Act (CEQA) and was considered by the City prior to any approvals of the project. 2. The Final EIR reflects the independent judgment of the City. 3. The proposed mitigation measures contained in the EIR will adequately mitigate adverse environmental impacts of the project, or a statement of overriding considerations will be made for those significant and unavoidable environmental impacts. 4. The Mitigation Monitoring Program has been reviewed and approved by the City Council in conjunction with the certification of the Final EIR. 8656 Resolution No. (1997 Series) Page 2 Council Member Romero On motion of seconded by Council Member Williams, and on the following roll call vote: AYES: Council Members Romero., Williams, Roalman,_Smith..and Mayor .Settle NOES: None ABSENT: None the foregoing resolution was passed and adopted .this 1st day of. -: April , 1997. Mayor Allen Settle ATTEST: ri!• N1, o l�_ _ APPROVED AS TO FORM: �AF;*,� hawAM/Aaw/A e 4. ivV=\EIRRes Jj i RESOLUTION NO. 867.5 (1997 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE SINSHEIMER PARK MASTER PLAN WHEREAS, Sinsheimer Park is a major component of the City's Parks and Recreation system with facilities such as the SLO Aquatics Center, San Luis Obispo Baseball Stadium, tennis courts, and an adult softball field; and WHEREAS, despite a number of community projects and City Capital Improvement Projects, a portion of the park remains uncompleted; and WHEREAS, a master plan has been developed for the completion of the park; and WHEREAS, that plan is based upon citizen input and prepared in close consultation with two City advisory groups, the Parks and Recreation Commission and the Joint Use Committee; and WHEREAS, that plan completes the unfinished portions of the park and upgrades other Park facilities without taxing existing park resources. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo does hereby approve the Sinsheimer Park Master Plan. On motion of Council Member Williams , and seconded by Council Member Smith and on the following roll call vote: AYES: Council Members Williams, Smith, Roalman, Romero, Mayor Settle NOES: None ABSENT: None the foregoing resolution was adopted on this 20 day of Mao , 1997. AI en Settle, Mayor ATTEST: � Q nnie Gawf, Cn Cle� APPROVED AS TO FORM: Je a rge en ity orney ATTACHMENT 1 D 4L7C m 0 w a a g 4 M O [O P 0 N O O m 0 m e 0 s m m m m P m C ix- CL rte' �1 F ! � a l 8 m q � CL CL a -9 cl a s c Q� m a(2 Coo a� c m 0 �R c 'S -4 a: 1 ' 7 i F! 0 Q `F o _ N O� i c U� ti ce W E w sc ATTACHMENT 2 �� ��. � . �'"`� ✓�� r� ,-�o�� ��� � �� �'U � e� -L``�"