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HomeMy WebLinkAbout9025-9049RESOLUTION NO. 9049 (2000 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING THE APPEAL OF THE TREE COMMITTEE DENIAL OF TREE REMOVAL REQUEST AT 400 FOOTHILL NOW, THEREFORE, 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 applicant's appeal; and the San Luis Obispo Tree committee's action, staff recommendations and reports thereon, make the following finding: a. The tree is causing undue hardship to the property owner. b. Removal of the tree will promote good arboricultural practice. C. Removing the tree will not harm the character or environment of the surrounding neighborhood. SECTION 2. The appeal of the tree Committee denial of the tree removal request at 400 Foothill is hereby approved, and the tree removal request is approved with the condition that the property owner replace the tree with a 24" box tree of a species acceptable to property owner and City, prior to the removal, and with the understanding that all costs will be paid for by the property owner. Upon motion of Council Member Romero, seconded by Mayor Settle, and on the following roll call vote: AYES: NOES: ABSENT: Council Members Ewan, Marx, Romero, Mayor Settle None None The foregoing resolution was adopted this 6t' day of June 2 ATTEST: Lee Price, Vice Mayor Schwartz, and APPROVED AS TO FORM i Clerk ff G. J rg n, ity Attorney � �� ! 1 O �(��j�G yyt� ` �� r � ,�Ic� >>��� RESOLUTION NO. 9048 (2000 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING APPLICATION FOR GRANT FUNDS FROM THE LAND AND WATER CONSERVATION FUND IN SUPPORT OF ACQUISITION OF THE FOSTER PROPERTY WHEREAS, the Congress of the United States has established the Land and Water Conservation Fund, which provides funds to the States for grants to local agencies to acquire and/or develop facilities for public recreation and wildlife habitat protection purposes; and WHEREAS, the State Department of Parks and Recreation has been assigned the responsibility for the administration of a portion of the program within California, including the establishment of necessary procedures governing grant applications by local agencies under the program; and WHEREAS, said procedures require the applicant to certify by resolution the approval of the application before submission of said application to the State; and WHEREAS, the applicant will enter into an agreement with the State of California for acquisition or development of the project; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby: 1. Authorizes the filing of an application to the Land and Water Conservation Fund Grant Program in support of the Foster property acquisition project for purposes of habitat protection and enhancement; and 2. Certifies that said applicant understands the assurances and certification in the application form; and 3. Certifies that said applicant has or will have available prior to commencement of any work on the project included in this application, the required match and will have sufficient funds to operate and maintain the project; and 4. Appoints the City Administrative Officer as agent of the City to conduct all negotiations, execute and submit all documents, including, but not limited to, applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. On motion of Council Member Romero seconded by Council Member Ewan, and on the following roll call vote: Resolution No. 9048 (2000 Series) Page 2 AYES: Council Members Ewan, Marx, Romero, Vice Mayor Schwartz, and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopyed this 6`h day of June, 2000. Allen K. ATTEST: Mary Kopeck y, Assistant City CIA APPROVED AS TO FORM: /0, �11 , o 0 Zxl- O RESOLUTION NO. 9047 (2000 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING APPLICATION FOR GRANT FUNDS FROM THE STATE COASTAL RESOURCE GRANT PROGRAM IN SUPPORT OF ACQUISITION OF THE FOSTER PROPERTY WHEREAS, the legislature of the State of California has established the Coastal Resource Grant Program, which provides funds to local agencies, special districts, and nonprofit organizations to acquire and/or develop facilities in the State's coastal regions for public recreation and wildlife habitat protection purposes; and WHEREAS, the State Resources Agency has been assigned the responsibility for the administration the program, including the establishment of necessary procedures governing grant applications; and WHEREAS, said procedures require the applicant to certify by resolution the approval of the application before submission of said application to the State; and WHEREAS, the applicant will enter into an agreement with the State of California for acquisition or development of the project; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby: 1. Authorizes the filing of an application to the State Coastal Resource Grant Program in support of the Foster property acquisition project for purposes of habitat protection and enhancement; and 2. Certifies that said applicant understands the assurances and certification in the application form; and 3. Certifies that said applicant has or will have available prior to commencement of any work on the project included in this application, sufficient funds to operate and maintain the project; and 4. Appoints the City Administrative Officer as agent of the City to conduct all negotiations, execute and submit all documents, including, but not limited to, applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. On motion of Council Member Romero seconded by Council Member Ewan, and on the following roll call vote: R 9047 Resolution No. 9047 (2000-Series) O Page 2 AYES: Council Members Ewan, Marx, Romero, Vice Mayor Schwartz, and Mayor Settle NOES: None ABSENT: None The foregoing resolution was a4opted this 6`s day of June, 2000. Allen K. Settle, Mayor ATTEST: i Mary I y, Assistant City 05erk APPROVED AS TO FORM: YA ►174 �'75 , . Iffi O O RESOLUTION NO. 9046 (2000 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE CITY /COUNTY AIRPORT SEWER AND WATER AGREEMENT WHEREAS, the City of San Luis Obispo provides water and sewer service to the County Airport under an existing agreement; and WHEREAS, the County of San Luis Obispo owns and operates certain water and sewer facilities that, under City ownership, could benefit areas recently annexed to the City; and WHEREAS, the County desires to expand the water and sewer service area at the Airport, in order to accommodate anticipated improvements consistent with the County adopted Airport Master Plan; and WHEREAS, portions of the City /County Airport Sewer and Water Agreement require clarification relative to the point of service, limits of responsibility, and water conservation. NOW, THEREFORE BE IT RESOLVED, the City adopts Amendment #4 to the City /County Airport Sewer and Water Agreement, relating to the transfer of ownership of certain water and sewer facilities, and accepts the ownership transfer; including responsibilities for operation and maintenance of said facilities. Said amendment is attached hereto as Exhibit A. On motion of Council Member Romero and seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Marx, Romero, Vice Mayor Schwartz, and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 6`s day of June 2000. APPROVED AS TO FORM: Attorney Mayor Lee Price, City Clerk - OK 0 c Alk: =r AMENDMENT ##4 TO SEWER AND WATER AGREEMENT BETWEEN CITY OF SAN LUIS OBISPO AND COUNTY OF SAN LUIS OBISPO This fourth Amendment to Agreement is entered. into this 6 th day of June , 2000, between the City of San Luis Obispo, hereinafter called "CITY" and the County of San Luis Obispo, hereinafter called "COUNTY" RECITALS WHEREAS, CITY owns and operates a water and wastewater system; and WHEREAS, COUNTY currently utilizes this water and wastewater system for -San Luis Obispo County Airport pursuant to a Sewer and Water Agreement between CITY and COUNTY dated November 7, 1977; and WHEREAS, Sewer and Water. Agreement between CITY and COUNTY was amended by Amendment No. 1 on April 26, 1988, Amendment No. 2 on July 19, 1988, and Amendment No. 3 on April 9, 1993; and WHEREAS, COUNTY currently owns, operates, and maintains water and wastewater pipelines and related appurtenances, which serve the County Airport from a point of connection to the City's system, located at the comer of Fiero Lane and Broad Street; and WHEREAS, COUNTY currently owns, operates, and maintains a sewer lift station at the corner of Fiero Lane and Broad Street, which currently serves only the County Airport and airport related activities; and WHEREAS, the COUNTY lift station is in an appropriate location, at a proper depth, and has adequate available, capacity to serve- properties recently annexed to the CITY, as well As other 1 �I properties within the CITY's Urban Reserve Line, if and when such other properties are annexed into the City of San Luis Obispo; and WHEREAS, sections of the Sewer and Water Agreement require clarification, relating to the limits of CITY and COUNTY responsibility for ownership and maintenance of the water and sewer facilities; and WHEREAS, the County Airport is financed, in part; with funds granted from the Federal Aviation Administration (FAA) and must abide by the terms and conditions specified in the grant assurances including assets transferred from the Airport; and WHEREAS, the CITY desires to acquire the sewer lift.station from the COUNTY in order to facilitate the provision of services to recent and proposed annexations in the Airport area; and WHEREAS, it is in the best interest of the COUNTY to transfer the sewer lift station to the CITY, thereby relieving the COUNTY of certain on- going operation and maintenance requirements relative to the operation of the sewer lift station; and WHEREAS, the County Airport in its recently approved Airport Master Plan has identified areas of development not currently reflected in the current. Water and. Wastewater Service Area and the COUNTY desires to expand the area of water and. wastewater service at the County Airport; and WHEREAS, the expansion of the Water and Wastewater Service Area is expressly limited to facilitate utility services to only those airport facilities directly related to airport operations as set forth in Paragraph 5 of the November 7, 1977 Agreement. NOW THEREFORE, in consideration of the following terms and conditions, CITY and COUNTY agree to add or amend various sections of the Sewer and Water Agreement, as follows: 2 �J. 1: (Under "CITY AGREES TO : ") Paragraph 1 is amended to include the following: "The CITY will consider different or additional points of connection to the CITY water and wastewater systems, as they exist now or in the future, subject to available capacity and other requirements and restrictions that may exist at the time such connection is requested by the COUNTY. Impact Fees will not be charged for connections that serve only areas for which "acreage fees" have been paid, and for which no .additional allocation or entitlement is requested." 2, (Under "CITY AGREES TO: ") Paragraph 2 is amended to include a revised Exhibit A, which contains an additional area of water and sewer service: A. copy of the revised exhibit, entitled "Exhibit A - Revised May 1, 2000 ", is attached hereto and incorporated herein. 3. (Under "CITY AGREES TO ") Paragraph 6 is added to read as follows: "Acceptance of Assignment CITY hereby agrees to accept assignment and transfer of ownership, and the responsibility for the operation, maintenance, repair and replacement of the sewer lift station located at the corner of Fiero Lane and-Broad Street, from the COUNTY-to the CITY. CITY shall own, operate, and maintain the sewer lift station, force -main, and the short length of gravity sewer, from the lift station to the first upstream manhole, for the benefit of the County Airport and other properties within the CITY limits. The CITY shall provide adequate capacity in the CITY's wastewater system to meet the wastewater collection needs of the County Airport, as provided in Paragraph 10 and Paragraph 11 of the November 7, 1977 Agreement, as amended." 4. (Under "COUNTY AGREES TO: ") Paragraph 5 is amended to include the revised Exhibit A, dated May 1, 2000, which contains approximately seventy-six (76 + / -) acres. 3 5. (Under "COUNTY AGREES TO : ") Paragraph 6 is amended to identify the limit of COUNTY responsibility for ownership, operation, maintenance, repair and replacement of sewer facilities as the connection to the manhole in Fiero Lane, immediately upstream of the lift station; located near the intersection of Fiero Lane and Broad Street. The limit of COUNTY responsibility for ownership, operation, maintenance, repair and replacement of water facilities shall be the customer side of the water meter that serves the County Airport. 6. (Under "COUNTY AGREES TO: ") Paragraph 7 is amended to, include the revised Exhibit A, entitled .Exhibit A — May 1, 2000. Paragraph 7 is also amended to add: "COUNTY's obligation to reimburse the CITY for CITY's capital investments for the "Additional Service Area" shown on the revised Exhibit A shall arise at such times as portions of the Additional Service Area are developed or by September 1, 2001, whichever is sooner, provided that the COUNTY shall not be required to make payments on COUNTY's said obligation to the CITY until and after July 1, 2001. For the additional service area identified in this amendment, the reimbursement to CITY for capital investments shall be in the amounts specified in the November 7, 1977 Agreement." 7. (Under "COUNTY AGREES TO: ") Paragraph 8 is amended to more clearly define the "Point. of Service" for wastewater collection as the manhole located in Fiero Lane, immediately upstream from the lift station near the intersection of Fiero Lane and Broad Street, and the "Point of Service" for domestic water as the customer side of the water meter serving the County Airport in the same general location. 8. (Under "COUNTY AGREES TO: ") Paragraph I 1 is amended to add: "The COUNTY shall be subject to all water conservation rules and regulations of the CITY which are generally imposed on a city-wide basis. CITY shall recognize and accommodate the COUNTY's 4 expanded terminal project and any other new development at the Airport in the event that CITY bases its water conservation rules and regulations on the concept of historic use." 9. (Under "COUNTY AGREES TO: ") Paragraph 14 is- added, as follows: "Assignment of Sewer Lift Station COUNTY hereby assigns and transfers to CITY the ownership, operation, maintenance, repair and replacement responsibilities for the sewer lift station, force main, and .the short reach of gravity sewer: between the lift station and the first upstream manhole (including the manhole), the lift station and portions of the sewer pipes being situated in and on Parcel A, described in Exhibit A of the GRANT OF EASEMENT AND RIGHT OF ENTRY filed at Page 161, of Volume 2188 of Official Records of the County of San Luis Obispo, California; said lift station located at the northwesterly corner of Fiero Lane and Broad Street. The CITY hereby accepts said assignment and the CITY shall own, operate, . maintain, repair and replace the sewer lift station, force -main, and aforementioned gravity sewer and manhole for the benefit of the County Airport and other properties within the CITY limits, which. may include future annexations. COUNTY hereby also assigns to the CITY, for the term of this agreement; the right to enter upon said Parcel A and use Parcel A for any and all purposes necessary or convenient to the operation, maintenance, repair and replacement of the Sewer Lift Station, force main, and gravity sewer situated on and in said Parcel A." All other terms and conditions of the Sewer and Water Agreement dated November 7, 1977, . as amended, shall remain in full force and effect. E IN WITNESS THEREOF, the parties hereto have executed. this Fourth Amendment to Agreement on the date shown above. COUNTY OF SAN LUIS OBISSPO I3yc_ _ -_ Chairperson Peg Pinard Authorized by Board action on . (>_ -_ (o - > 2000 ATTEST: JU-,UE L RODEWALD County Clerk APPROVED AS TO FORM AND LEGAL EFFECT: County Counsel Dated: CI7 0 APPROVED AS TO FORM: City Attorney 0 m 06 V7 tR 0 O x2 ?Co Z (AP 2> 0 rn rn in H > 2 m (A CO U) 0 I �O�, FF WMANN (A CO U) 0 f 0 0 �J C: 7u O O O O • I �O�, FF WMANN I axe .... ....... R Sk , SE ---- ---- -- Y 0 Z�x nom x =d ;o 0 0�1 Z �`� f a. �J • u I axe .... ....... R Sk , SE ---- ---- -- Y 0 Z�x nom x =d ;o 0 0�1 Z RESOLUTION NO. 9045 (2000 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO IN SUPPORT OF "THE FAIR COMPETITION AND TAXPAYER SAVINGS ACT" INITIATIVE WHEREAS. California's population growth has resulted in the demand for more than $90 billion worth of highway, school, prison, flood control and other infrastructure improvement projects; and WHEREAS, the need for state and local governments to contract with the private sector for architectural and engineering services has never been greater; and WHEREAS, a series of successful lawsuits by a group of employees at CalTrans has resulted in effectively banning the state from contacting with private engineers and architects; and WHEREAS, in order to stop the current effort to prevent the state and local governments, such as the City of San Luis Obispo, from utilizing private engineers and architects, an initiative known as The Fair Competition and Taxpayer Savings Act' has been prepared; and WHEREAS, the Fair Competition and Taxpayer Savings Act changes California's laws to specifically allow state and local governments to contract with private companies for architectural and engineering services; and WHEREAS, the Fair Competition and Taxpayer Savings Act will assure that California's many projects will be designed in a cost effective manor and thus save taxpayers money; and WHEREAS, the Fair Competition and Taxpayer Savings Act requires architecture and engineering contracts to be subject to standard accounting practices and requires financial and performance audits as necessary to ensure contract services are delivered within the agreed schedule and budget; THEREFORE BE IT RESOLVED, the City of San Luis Obispo does hereby support "The Fair Competition and Taxpayer Saving Act" for architectural and engineering services as an initiative. Upon motion of Council Member Romero, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Marx, Romero, Vice Mayor Schwartz, and Mayor Settle NOES: None ABSENT: None v�� I � ,�i�J /,�✓ (J/}'c V �' Resolution No. 9045 (2000 Series) Page 2 The foregoing resolution was adopted this 6`h day of ATTE Lee Price, City Clerk �j�• • • •r • �j • ti UV vy Attorney RESOLUTION NO. 9044 (2000 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND AMENDING THE WATER MANAGEMENT ELEMENT OF THE GENERAL PLAN WHEREAS, the Planning Commission conducted a public hearing on April 12, 2000 and recommended approval of amendments to the City's Water Management Element of the General Plan; and WHEREAS, the City Council conducted a public hearing on May 16, 2000 and has considered testimony of other interested parties, the recommendation of the Planning Commission, and the evaluation and recommendation of staff; and WHEREAS, staff and Planning Commission have recommended a negative declaration of environmental impact associated with the recommended policy. revisions; and WHEREAS, the City Council, after considering the draft documents and staff's analysis, the Planning Commission's recommendations, and the public testimony, finds that the amended sections are consistent with the General Plan. NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo hereby approves: SECTION 1. Environmental Determination. The City Council finds and determines that the project's Negative Declaration adequately addresses the potential environmental impacts of the project, and reflect the independent judgment of the City Council. The Council determines that the amendment will have no significant effects on the environment. The Council hereby adopts said Negative Declaration. SECTION 2. Policy 1. 1.2 (section numbers refer to the Water Management Element of the General Plan) of the Water Management Element is hereby amended to modify the safe annual yield to annually account for losses due to siltation (specific changes shown in Exhibit A to this resolution). SECTION 3. The "Background" portion of Section 1 is hereby amended to be consistent with the amendment to Policy 1. 1.2 (Exhibit A). SECTION 4. The "Background" portion of Section 5 is hereby amended to clarify the policy relative to accounting for siltation as it occurs at Whale Rock and Salinas Reservoirs (Exhibit A). SECTION 5. The "Background" portion of Section 6 is hereby amended to be consistent with previous amendments discussed above (Exhibit A). R 9044 Resolution No. 9044 (2000 Series) Page 2 Upon motion of Vice Mayor Schwartz, seconded by Council Member Marx, and on the following roll call vote: AYES: Council Members Ewan, Marx, Romero, Vice Mayor Schwartz, and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 16`h day of May 2000. Lee Price, City Clerk APPROVED AS TO FORM: Mayor Allen Settle of SLO General Plan ' WATER SECTION 1.0 SAFE ANNUAL YIELD 1.1 POLICIES 1.1.1 Basis for Planning Element The City will plan for future development and for water supplies based on the amount of water which can be supplied each year, under critical drought conditions. This amount, called "safe annual yield," will be formally adopted by the Council. The safe annual yield determination will be revised as significant new information becomes available, and as water sources are gained or lost. The determination will consider a staff analysis, which will recommend an amount based on coordinated use of all water sources. Each change to safe annual yield will be reflected in an amendment of this Plan. 1.1.2 Safe Yield Amount City's The The City's safe annual yield from the coordinated operation of Salinas and Whale Rock Reservoirs and 500 acre feet of groundwater are shown in Table 1 below. The safe annual yield includes reductions due to siltation at the reservoirs which is discussed in more detail in Section 5.0. 1.13 Groundwater A. The amount of groundwater which the City will rely upon towards safe annual yield is identified in policy 1.2. The City will maximize the use of groundwater in conjunction with other available water supplies to maximize the yield and long term reliability of all water resources and to minimize overall costs for meeting urban water demands. The City shall monitor water levels at the well sites to determine whether reduction or cessation of pumping is appropriate when water levels approach historic low levels. B. The City will not compete with local agricultural use of groundwater outside the urban reserve line or damage wildlife habitat through reduced natural stream flows in obtaining long -term sources of water supply. BACKGROUND Safe annual yield is the amount of water that can reliably be produced by the City's water supply to meet the water demand. It is estimated by simulating the operation of the City's water supply sources over an historical period to determine the maximum level of demand which could be met during the most severe drought for which records are available. FA City of SLO General Plan Water & tewater Management Element The safe annual yield of an individual source of water supply is defined as the quantity of water which can be withdrawn every year, under critical drought conditions. Safe annual yield analyses of water supply sources are based on rainfall, evaporation and stream flow experienced during an historical period. The City of San Luis Obispo uses a period beginning in 1943, which covers drought periods in 1946- 51,1959- 61,1976 -77, and 1986 -91. The historical period used in the latest computer analysis to determine safe annual yield extends from 1943 through 1991 and includes the most recent drought. Although future conditions are unlikely to occur in the precise sequence and magnitudes as have occurred historically, this technique provides a reliable estimate of the future water supply capability of the existing sources, since the long term historical record is considered a good indicator of future conditions. The safe annual yield gradually declines as silt accumulates in the reservoirs, thereby reducing storage capacity (discussed in more detail on page 10). Prior to 1991, the "controlling drought period" for determining safe annual yield was 1946 to 1951. The adopted f annual yield estimate f7,235 araro_fnn+ (49;a sur -face squrnac) uses the, nnntrnllinn 1092-9-3 `later - Operatienal •Plan Tho adopted safe nuA yield 4em_ Sali-nar_!And- Whale Rook A 1 di 500 feet of groundwater-, is 7 fa 735 anrn_et per fir, The critical period o for determining safe annual yield from the two reservoirs is now the period from 1986 to 1991. The safe annual yield is reflected in the table below and includes losses associated with siltation. TABLE 1 SAFE ANNUAL YIELD Water SupplySourc S a f e A d Coordinated Operations of the S and Whale Rock Reservoirs 71,105 acre -feet Groundwater 50-feet TOTAL ANNUAL YIELD 7,735 acre -feet Cx.H 1 �1T H City of SLO General Plan Water & stewater Management Element TABLE 1 SAFE ANNUAL YIELD "Year Salinas & Whale, )Rock Reservoirs, Groundwater, Total 2000 7,040 acre feet 500 acre feet 7,540 acre feet 2001 7,030 acre feet 500 acre feet 7,530 acre feet 2002 7,020 acre feet 500 acre feet 7,520 acre feet 2003 7,010 acre feet 500 acre feet 7,510 acre feet 2004 7,000 acre feet 500 acre feet 7,500 acre feet 2005 6,090 acre feet 500 acre feet 7,490 acre feet 2006 6,080 acre feet 500 acre feet 7,480 acre feet 2007 6,070 acre feet 500 acre feet 7,470 acre feet 2008 6,060 acre feet . 500 acre feet 7,460 acre feet 2009 6,050 acre feet 500 acre feet 7,450 acre feet Previous Safe Annual Yield Studies Previous studies of the critical historical drought periods at Salinas and Whale Rock reservoirs have indicated the following safe annual yields were available to the City: Water Supply Salinas Reservoir Whale Rock Reservoir* Coordinated Operation Groundwater TOTAL Safe Annual Yield 4,800 acre -feet 2,060 acre -feet 500 acre -feet 500 acre -feet 7,860 acre -feet *City's share of Whale Rock Reservoir safe annual yield. Reference Corps of Engineers, 1977 Dept Water Resources, 1974 CH2M -Hill, 1985 Water Operational Plan, 1993 Past safe annual yield analyses for the two reservoirs assumed independent operation and historical data to the date of each report. The critical drought period for the previous studies was 1946 -51. The studies also assumed a minimum pool at Salinas and Whale Rock of 400 and 500 acre -feet respectively. "Coordinated operation" is a concerted effort to operate the two reservoirs together for maximum yield. Since Salinas Reservoir spills more often than Whale Rock Reservoir, due to its larger drainage area and more favorable runoff characteristics, and has higher evaporation rates, the combined yield from the two reservoirs can be increased by first using Salinas to meet the City's demand and then using Whale Rock as a backup source during periods when Salinas is below minimum pool or unable to meet all of the demand. The 500 acre -feet increase in safe annual yield was a preliminary estimate of the additional yield attributed to coordinated operations of the reservoirs identified in the 1985 report prepared by CH2M -Hill. In 1988, the City contracted with the engineering firm of Leedshill - Herkenhoff, Inc., to prepare a detailed analysis of the City's water supplies and safe annual yield, based on coordinated operation of the reservoirs. The report "Coordinated Operations Study for Salinas and Whale Rock reservoirs" City of SLO General Plan �' Water & ;"�ewater Management Element was completed in 1989. The study estimated total safe annual yield for the City from the two reservoirs to be 9,080 acre -feet per year. Since the study period was only to 1988 and the City was in a drought period of unknown length, this amount was never adopted by Council. It should be emphasized that this estimate assumed that the "controlling drought period" was 1946 to 1951 and that Whale Rock Reservoir is used only when Salinas is below minimum pool or can not meet the monthly City demand, and does not consider limitations on the use of Salinas water due to water quality constraints. Following the end of the of 1986 -1991 drought, staff updated the computer program created by Leedshill- Herkenhoff to estimate the impact of the drought on safe annual yield of the reservoirs. The analysis determined that the recent drought was the critical drought of record for the two reservoirs and fesulted m a ,ieduction; in the safe annual yield. , reduGing the. safe annual yield_tG Groundwater Resources The groundwater basin which underlies the City of San Luis Obispo is relatively small. Therefore, extractions in excess of 500 acre -feet per year during extended drought periods cannot be relied upon. Since the basin is small, it tends to fully recharge following significant rainfall periods. Following periods of above average rainfall, the groundwater basin may be capable of sustaining increased extraction rates to meet City water demands. Since both Salinas Reservoir and the groundwater basin fill up and "spill" following significant rain periods, there is a benefit in drawing from these sources first and leaving Whale Rock Reservoir as a backup supply. The conjunctiveuse of the groundwater basin and surface water supplies in this manner will provide an effective management strategy which increases the reliability of all the resources to meet current and future water demands. Another benefit of maximizing groundwater use is that it typically requires minimal treatmentwhich reduces costs compared to surface water supplies. Even with treatment for nitrates and PCE, the projected costs associated with that treatment show groundwater to be comparable to other alternative future water supply projects. Past City policy has been not to compete with agriculture for use of groundwater resources. Recognizing the importance of the production of food and fiber as well as open space provided by agricultural land outside the urban reserve line, the City will continue to endorse this policy. 5 — - .. -..� I A-i City of SLO General Plan 1 Water & tewater Management Element 5.0 SILTATION AT SALINAS AND WHALE ROCK RESERVOIRS 5.1 POLICY 5.1.1 Accounting for Siltation T}. City shall d 1 509 acre-, f t in Annual yield to onne-unt�ioa _the- losesf viater- ctnrage GapaGity due to siltation at Ulh;fle, Rock ;;;;d Salinas r-eserveirs to the year . The City shall account for siltation in the adoption of the safe annual yield as identified in Policy 1.1.2. The estimated annual reduction in safe annual yield from Salinas and Whale Rock Reservoirs is 10 acre feet per year. BACKGROUND Siltation at reservoirs is a natural occurrence which can substantiallyreduce the storage capacity over long periods. The reduction of available storage will reduce the safe annual yield of the reservoirs. Siltation at reservoirs varies depending on factors such as rainfall intensity and watershed management practices. There have been numerous reports addressing siltation at Salinas reservoir, but no studies have been done for Whale Rock reservoir. Table 5 lists the studies for Salinas reservoir and the estimated storage capacities. During the recent drought, water at Salinas reservoir fell to record low levels. Recognizing the unique opportunity presented by the low water level, the County contracted with a local engineering consultant to provide an aerial survey of the lake and prepare revised storage capacity information. The latest information reveals that the survey conducted in 1975 may have over estimated the siltation rate at the reservoir. Early studies indicated average annual siltation rates from 23 acre -feet per year to 34 acre -feet per year. The study done by the U.S. Geological Survey in 1975 estimated that the siltation rate was approximately 82 acre -feet per year. The latest information indicates that the siltation rate is on the order of 40 acre -feet per year. Since Whale Rock is used as a backup supply for the City, it may be many years until the lake level drops to the point where an aerial survey of siltation can be economically performed. Since no information is available to indicate what rate of siltation is occurring at the Whale Rock reservoir, it is assumed for planning that the annual average rate of siltation is similar to Salinas reservoir. The reliability reserve discussed in Policy 2.4 can offset the additional long term loss. The safe annual yield from the two reservoirs will be continually reduced as a result of siltation.T1w dhg;1;4 geFtnin iArr, in safe Annual yield Gan be ra!Gulated using the . The City's computer model can be used to calculate the reduction in safe annual yield from Salinas and Whale Rock Reservoirs to date. The model can then be used to calculate estimated annual reductions in the future assuming siltation occurs in an average pattern. Since the storage capacity for Salinas reservoir was last estimated in 1990, the annual loss of 40 acre -feet per year can be applied from that date. However, since Whale Rock reservoir's siltation has II City of SLO General Plan �'-,r,%L�„ H Water & tewater Management Element never been factored into the total available water storage, the loss of 40 acre -feet per year would apply to the period since the reservoir was constructed in 1961. TABLE 5 SALINAS RESERVOIR CAPACITY STUDIES The estimated loss in storage capacity for Salinas Reservoir between 1990 and 2000 is 400 acre feet. The estimated loss at Whale Rock Reservoir between 1961 and 2000 is 1,560 acre feet. Based on these reduced storage capacities, the computer model projects a loss of 250 acre feet of safe annual yield from the combined operation of the two lakes. With an estimated loss of 40 acre feet per year at each reservoir, the total safe annual yield from the two lakes will be reduced by 10 acre feet per year. This loss of yield is accounted for in the adopted safe annual yield figures shown in Table 1. 12 Total Usable Avg Annual Loss Year Agency Capacity Capacity Usable Capacity (acre -feet) (acre -feet) (acre- feet/year) 1941 U.S. Army 44,800 26,000 - 1947 U.S. Soil Conservation - 25,860 23.3 Service 1953 U.S. Soil Conservation Service and U.S. Forest - 25,590 34.2 Service 1975 U.S. Geological Survey 41,400 23,200 82.4 1990 County of San Luis Obispo 41,791 24,035 40.1 Usable capacities are shown at the 1,301.0 -foot spillway elevation because the usable capacity at the 1,300.7 - foot elevation for the 1947 and 1953 studies could not be accurately determined. Usable capacity at the 1,300.7 -foot elevation for the 1941 survey was determined to be 25,800 acre -feet and for the 1975 survey was 23,000 acre -feet. The estimated loss in storage capacity for Salinas Reservoir between 1990 and 2000 is 400 acre feet. The estimated loss at Whale Rock Reservoir between 1961 and 2000 is 1,560 acre feet. Based on these reduced storage capacities, the computer model projects a loss of 250 acre feet of safe annual yield from the combined operation of the two lakes. With an estimated loss of 40 acre feet per year at each reservoir, the total safe annual yield from the two lakes will be reduced by 10 acre feet per year. This loss of yield is accounted for in the adopted safe annual yield figures shown in Table 1. 12 _ r. The estimated loss in storage capacity for Salinas Reservoir between 1990 and 2000 is 400 acre feet. The estimated loss at Whale Rock Reservoir between 1961 and 2000 is 1,560 acre feet. Based on these reduced storage capacities, the computer model projects a loss of 250 acre feet of safe annual yield from the combined operation of the two lakes. With an estimated loss of 40 acre feet per year at each reservoir, the total safe annual yield from the two lakes will be reduced by 10 acre feet per year. This loss of yield is accounted for in the adopted safe annual yield figures shown in Table 1. 12 1rX1� t g 1 T A City of SLO General Plan Water & stewater Management Element Reduction of Combined Reservoir Yield (acre -feet per year) -300 -400 -500 -600 -700 -800 2025 2030 2035 2040 2045 Years 13 t=XH A. City of SLO General Plan Water & tewater Management Element 6.0 SUPPLEMENTAL WATER REQUIREMENTS 6.1 POLICIES 6.1.1 Supplemental Water Requirement The City shall develop additional water supplies to meet the projected demand at build -out of the City's General Plan (Table 6) and to establish the reliability reserve and to offset water yields lost due to siltation (Table 7). The supplemental water supply amount shall be based on the adopted per capita water use figure identified for planning purposes in policy 3.1.2. 6.1.2 Supplemental Water Sources In deciding appropriate sources of supplemental water, the City will evaluate impacts on other users of the water and other environmental impacts, total and unit costs, reliability, water quality, development time, and quantity available. 6.1.3 Paying for Supplemental Water for New Development The cost for developing new water supplies necessary for new development will be paid by impact fees set at a rate sufficient to cover the annual debt service cost of the new water supplies attributable to new development. BACKGROUND Based on the Land Use Element adopted by the City Council in August 1994 and a per capita use .rate of 145 gallons per person per day, the projected total amount of water for the City to serve General Plan build -out is 11,596 9Q9b acre -feet. This figuFe, inGludes the 2,000 Table 7 shows the build -out waterrequirement,reliability reserve, siltation loss, and the resulting supplemental water requirement necessary to meet projected City water demand. TABLE 6 REQUIRED SAFE ANNUAL YIELD FOR GENERAL PLAN BUILD -OUT Source of Demand Population Acre -feet (at 145 gal per day per capita) Percent of Total Existing Development 43,415 7,052 77.5% New Development 12,585 2,044 22.5% TOTAL 56,000 9,096 100.0% 14 City of SLO General Plan ! Water 8 stewater Management Element TABLE 7 NEW WATER SUPPLY REQUIREMENTS Component acre -feet Required Safe Annual Yield 9,096 Safe Annual Yield as:of 2000 7,540 Additional Safe Annual Yield Required (based on per capita water demand ratios) 1;556 Reliability Reserve 2,000 Siltation leg 2000:t o2025; 250 Total Additional Water Supply Requirement 3;806 City policy adopted in 1987 as part of the Water Element states that the costs of developing supplemental water sources will be borne by those making new connections to the water system. . Policy 6.1.3 continues this policy and is consistent with the Land Use Element (policy 1.13.4.) 7.0 MULTI - SOURCE WATER SUPPLY 7.1 POLICY 7.1.1 Multi- source Water Supply The City shall continue to develop and use water resources projects to maintain multi- source water supplies, and in this manner, reduce reliance on any one source of water supply and increase its supply options in future droughts or other water supply emergencies. BACKGROUND Having several sources of water can avoid dependence on one source that would not be available during a drought or other water supply reduction or emergency. There maybe greater reliability and flexibility if sources are of different types (such as surface water and groundwater) and if the sources of one type-are in different locations (such as reservoirs in different watersheds). The Water Element of the General Plan, adopted in 1987, identified multiple water projects to meet projected short and long term water demand. Again in November 1990, the Council endorsed the I c�� U� 'Z O RESOLUTION NO. 9043 (2000 Series) RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: To provide Section 21024 (Military Service Credit as Public Service) for local Fire members. BE IT RESOLVED that the governing body of the above agency does hereby give notice of intention to approve an amendment to the contract between said public agency and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto as an "Exhibit" and by this reference made a part hereof. Upon motion of Council Member Marx, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Marx, Romero, Vice Mayor Schwartz, and Mayor Settle NOES: None ABSENT: None / The foregoing resolution was adopted this 16`s day of May 2000. Mayor AWn Settle '1N Resolution No. 9043 (2voO Series) Page 2 APPROVED AS TO FORM: i Ca1PERS California Public Employees' Retirement System AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of San ]Lams Obispo 4> The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective July 1, 1952, and witnessed June 9, 1952, and as amended effective October 1, 1962, October 3, 1963, October 1, 1974, June 1, 1976, December 1, 1976, December 20, 1978) January 16, 1980, May 1, 1980, July 1, 1980, July 1, 1983,, July 1, 1986, July 23, 1987, November 16, 1989, August 8, 1993, November 5, 1999 and January 7, 2000 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective January 7, 2000; and hereby replaced by the following paragraphs numbered 1 through 12 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members and age 50 for local safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after July 1, 1952 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); C. Employees other than local safety members (herein referred to as local miscellaneous members). 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: a. CROSSING GUARDS. 5. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 2135.4 of said Retirement Law (2% at age 55 Full). 6. The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21362 of said Retirement Law (2% at age 50 Full). 7. Public Agency elected and elects to be subject to the following optional provisions: a. Section 21573 (Third Level of 1959 Survivor Benefits) for local miscellaneous members and local fire members only. b. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local police members only. C. Sections 21624, 21626 and 21628 (Post - Retirement Survivor Allowance) for local safety members only. d. Section 20965 (Credit for Unused Sick Leave). e. Section 20042 (One -Year Final Compensation) for local miscellaneous members; for those local fire members entering membership on or prior, to July 1, 1986; and for those local police members entering membership on or prior to July 23, 1987. f. Section 20475 (Different. Level of Benefits). Section 20042 (One - Year Final Compensation) is not applicable to local fire members entering membership after July 1, 1986 and to local police members entering membership after July 23, 1987.. g. Section 20903 (Two Years Additional Service Credit). h. Section 21024 (Military Service Credit as Public Service), Statutes of 1976 for local safety members only. 8. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on June 1, 1976. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government_ Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. 9. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 10. Public Agency shall also contribute to said Retirement System as follows; a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members and local fire members. b. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local police members. C. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. d. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to.cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 11. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law; and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 12. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required' of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the 6th day of July 2000 BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF SAN LUIS OBISPO , BY BY__ KEN W. MARZ N, CHIEF 0 PAt8I­DINGr0rP1CffR ACTUARIAL & EMPLOYER SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM' AMENDMENT PERS- CON -MM (Rev. 8\96) 1l�00 L 1l�00 CaIPERS California Public Employees' Retirement System EXHIBIT Between the Board of Administration California Public Employees' Retirement System and the City Council City of San Luis Obispo The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective July 1, 1952, and witnessed June 9, 1952, and as amended effective October 1, 1962, October 3, 1963, October 1, 1974, June 1, 1976, December 1, 1976, December 20, 1978, January 16, 1980, May 1, 1980, July 1, 1980, July 1, 1983, July 1, 1986, July 23, 1987, November 16, 1989, August 8, 1993, November 5, 1999 and January 7, 2000 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective January 7, 2000, and hereby replaced by the following paragraphs numbered 1 through 12 inclusive:. 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members and age 50 for local safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after July 1, 1952 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. f 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as .are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); C. Employees other than local safety members (herein referred to as local miscellaneous members). 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: a. CROSSING GUARDS. 5. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). 6. The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21362 of said Retirement Law (2% at age 50 Full). 7. Public Agency elected and elects to be subject to the following optional provisions: a. Section 21573 (Third Level of 1959 Survivor Benefits) for local miscellaneous members and local fire members only. b. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local police members only. c. Sections 21624, 21626 and 21628 (Post- Retirement Survivor Allowance) for local safety members only. d. Section 20965 (Credit for Unused Sick Leave) e. Section 20042 (One -Year Final Compensation) . for local miscellaneous members; for those local fire members entering membership on or prior to July 1, 1986; and for those local police members entering membership on or prior to July 23, 1987. f. Section 20475 (Different Level of Benefits). Section 20042 (One - Year Final Compensation) is not applicable to local fire members entering membership after July 1, 1986 and to local police members entering membership after July 23, 1987. g. Section 20903 (Two Years Additional Service Credit). h. Section 21024 (Military Service Credit as Public Service), Statutes of 1976 for local safety members only. 8. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer' for purposes of Section 20834 effective on June 1, 1976. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. 9. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 10. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members and local fire members. b. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term 'insurance rates, for survivors of all local police members. C. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. d. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. r 11. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 12. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board' regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effecti 5n the day of BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF SAN LUIS 0 E3.ISPO BY KENNETH W. MARZION, ACTUARIAL & EMPLOYE PUBLIC EMPLOYEES' E� AMENDMENT PERS- CON -702A (Rev. 8 \96) SERVICES DIVISION REMENT SYSTEM BY PRESIDING OFFICER Wanes§ Date Attest: Clerk �� � O O �� ��� I RESOLUTION NO. 9042 (2000 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING APPLICATION FOR GRANT FUNDS FROM THE CALIFORNIA DEPARTMENT OF FISH AND GAME FOR THE PROJECT KNOWN AS UPPER PREFUMO CREEK FISH BARRIER REMOVAL WHEREAS, the California Department of Fish and Game ( "Department ") has requested proposals for fishery restoration work throughout the State of California, WHEREAS, the Department has stated in its request for proposals that projects intended to particularly benefit salmonid resources of the State will receive highest priority for funding; and WHEREAS, The City of San Luis Obispo maintains a strong interest in the potential for improvement of salmonid habitat within San Luis Obispo Creek and its tributaries and WHEREAS, City staff have identified several projects on San Luis Obispo Creek and its tributaries which could improve salmonid habitat on said streams. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby: 1. Authorizes the filing of an application for grant funds from the California Salmon and Steelhead Trout Restoration Account for the project known as Upper San Luis Obispo Creek Dam Removal; and 2. Appoints the City Administrative Officer as agent of the City to conduct all negotiations, execute and submit all documents, including, but not limited to, applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. On motion of Vice Mayor Schwartz, seconded by Council Member Ewan and on the following roll call vote: AYES: Council Members Ewan, Marx, Romero, Vice Mayor Schwartz, and Mayor Settle NOES: None ABSENT: None R 9042 0 0 Resolution No. 9042 (2000 Series) Page 2 The foregoing resolution was adopted this 2nd day of May 2000. Allen K Settle, 4ay�or Lee Price, City Clerk APPROVED AS TO FORM: . 'Oty Attorney ��,� o 0 ��; ��� �� � /,4/ 0 RESOLUTION No. 9041 (2000 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE SAN LUIS OBISPO COUNTY INTEGRATED WASTE MANAGEMENT AUTHORITY TO ACT ON THE CITY'S BEHALF IN SECURING DEPARTMENT OF CONSERVATION FUNDS FOR A REGIONAL COMMERCIAL RECYCLING PROGRAM WHEREAS, the people of the State of California have enacted the California Beverage Container Recycling and Litter Reduction Act that provides funds to cities and counties for beverage container recycling and litter cleanup activities; and WHEREAS, the California Department of Conservation's Division of Recycling has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures for cities and counties or their designees under the program; and WHEREAS, per Section 14581 (a)(4)(E) of the California Beverage Container Recycling and Litter Reduction Act, the eligible participant must submit the Funding Request Form by the due date and time in order to request funds from the Department of Conservation's Division of Recycling. BE IT RESOLVED that the City Council of the City of San Luis Obispo as follows: SECTION 1. The City Council authorizes the San Luis Obispo County Integrated Waste Management Authority to submit the Funding Request form to the Department of Conservation's Division of Recycling on its behalf. SECTION 2. The City Council authorizes and empowers the Manager of the San Luis Obispo County Integrated Waste Management Authority to execute in the name of the City of San Luis Obispo all necessary forms hereto for the purposes of securing payment to implement and carry out the purposes specified in Section 14581 (a)(4)(A) of the California Beverage Container Recycling and Litter Reduction Act, and provide information regarding this program to the Division upon request. SECTION 3. The City Council authorizes the San Luis Obispo County Integrated Waste Management Authority to be the responsible party to provide records to the Division should an audit be performed. R 9041 Resolution No. 9041 (2000 Series) Page 2 Upon motion of Council Member Romero, seconded by Council Member Marx, and on the following roll call vote: AYES: Council Members Ewan, Marx, Romero, Vice Mayor Schwartz and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 2nd day of May 2000. Mayor Allen Settle ATTES Lee Price, City Clerk APPROVED AS TO FORM: ' F�nse City / �,� 0 0 :�.�� �- C N RESOLUTION NO. 9040 (2000 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ADJUSTING COMPENSATION FOR THE CITY ATTORNEY WHEREAS, by Resolution No. 6689 (1989 Series), the City Council appointed Jeffrey Jorgensen as City Attorney; and WHEREAS, by Resolution No. 8922 (1999 Series), the City Council established compensation for City Attorney Jeffrey Jorgensen; and WHEREAS, the City Council conducted a performance evaluation in accordance with the Appointed Officials Performance Process as modified in August of 1999; NOW, THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Effective April 13, 2000, the City Attorney's salary shall increase to $9,783 per month. SECTION 2. Effective April 13, 2000, the City will contribute 3.5% of salary to the City Attorney's 401 (a) money purchase retirement plan (in lieu of 2% of salary contribution to the 457 deferred compensation plan). SECTION 3. Effective April 1, 1999, the City Attorney will receive an additional five days of annual vacation leave. SECTION 4. The annual administrative leave of 80 hours will be converted to a pay -only provision to be included in salary. SECTION 5. All other compensation and benefits afforded the City Attorney under the Management Pay for Performance System Resolution No. 8412 (1995 Series), Resolution No. 8756 (1998 Series), Resolution No. 9017 (2000 Series), and the City Attorney Employment Agreement (Resolution No. 6689 - 1989 Series) not superseded by the above, shall remain in full force and effect. SECTION 6. The City Council shall evaluate the performance of the City Attorney annually. IC'1�1� Resolution No. 9040 (2000 Series) Page 2 On motion of Vice Mayor Schwartz, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Marx, Romero, Vice Mayor Schwartz and Mayor Settle NOES: None ABSENT: None The foregoing Resolution was passed and adopted this 18"' day of April 2000. May 6r Allen Settle Lee Price, City Clerk APPROVED AS TO FORM: ^do'14�� yG ns , City Attorney R 9040 �j � /J�'��v • O O ++ ��` I�/ ��'j �. ��z,t ,, � 1.�� O RESOLUTION NO. 9039 (2000 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 DECISION TO DENY THE PROPOSED CHANGES TO ACCOMMODATE AN ATTIC CONVERSION AT 1273 STAFFORD STREET (ARC 10 -00) WHEREAS, the Architectural Review Commission conducted a public hearing on March 6, 2000, and denied the project, based on findings, and with conditions; and WHEREAS, Steven Ferrario, 962 Mill Street, San Luis Obispo, California, filed an appeal of the Architectural Review Commission's action on March 15, 2000; and WHEREAS, the City Council conducted a public hearing on April 18, 2000, and has considered testimony of interested parties including the appellant, the records of the Architectural Review Commission's action of March 6, 2000, and the evaluation and recommendation of staff. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration of the proposed project (ARC 10 -00), the appellant's statement, staff recommendations and reports thereof, makes the following findings: 1. The proposed attic conversion is not consistent with the project's original approval, which showed the area being used as storage and not living area. 2. The requested attic conversion would set an undesirable precedent. SECTION 2. Action - Appeal Denied. The appeal of the Architectural Review Commission (ARC) is hereby denied. Therefore, the Commission's action to deny the project is upheld, subject to the following conditions:. 1. The applicant shall file a Conditions of Use Agreement identifying the layout and the number of dwelling units and bedrooms allowed by the site's zoning, and acknowledging that the attic space shall not be converted to a bedroom without prior Community Development Department approvals and compliance with the City's Zoning Regulations, including density and parking requirements. 2. The applicant shall remove the existing interior wall in Unit 1 of Building C (installed without City approvals) to create a one - bedroom apartment unit in compliance with .the ARC's 1996 approval of the original project. R 9039 Resolution No. 9039 (2000 Series) Page 2 On motion of Council Member Marx, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Member Ewan, Marx, Vice Mayor Schwartz and Mayor Settle NOES: Council Member Romero ABSENT: None The foregoing resolution was passed and adopted this 18`h day of April 2000. City Clerk Lee Price 4:�ZlllwffxL,�gA4-G it ttoWeyereyO. Jorgensen 44 ayor Allen Settle O O RESOLUTION NO. 9038 (2000 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ADJUSTING COMPENSATION FOR THE CITY ADMINISTRATIVE OFFICER. WHEREAS, by Resolution No. 6198 (1987 Series), the City Council appointed John Dunn as City Administrative Officer; and WHEREAS, by Resolution No. 8921 (1999 Series), the City Council established compensation for City Administrative Officer John Dunn; and WHEREAS, the City Council conducted a performance evaluation in accordance with the Appointed Officials Performance Process as modified in August of 1999; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Effective April 13, 2000, the City Administrative Officer's salary shall increase to $10,998 per month. SECTION 2. The annual administrative leave of 80 hours will continue to be converted to a pay -only provision and included in salary in addition to the above. SECTION 3. All other compensation and benefits afforded the City Administrative Officer under the Management Pay for Performance System, Resolution No. 8412 (1995 Series), Resolution No. 8756 (1998 Series), Resolution No. 9017 (2000 Series), and the City Administrative Officer Employment Agreement (Resolution No. 6198 - 1987 Series), not superseded by the above, shall remain in full force and effect. SECTION 4. The City Council shall evaluate the performance of the City Administrative Officer annually. On motion of Vice Mayor Schwartz, seconded by Council Member Ewab, and on the following roll call vote: AYES: Council Members Ewan, Marx, Romero, Vice Mayor Schwartz and Mayor Settle NOES: None ABSENT: None i Resolution No. 9038 (2000 Series) Page 2 The foregoing Resolution was passed and adopted this 18th day of April 2000. i May6r Allen Settle ATTEST: i Lee Price, City Clerk APPROVED AS TO FORM: �Y//G./br se City Attorney R 9038 OVAA'. �VI G RESOLUTION NO. 9037 (2000 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPOINTING KENNETH C. HAMPIAN TO THE POSITION OF CITY ADMINISTRATIVE OFFICER AND ESTABLISHING TERMS AND CONDITIONS OF EMPLOYMENT WHEREAS, Charter Section 701 provides that the San Luis Obispo City Council (hereinafter referred to as "Council') is responsible for the appointment and removal of the City Administrative Officer (hereinafter referred to as "CAO "), and WHEREAS, the Council, on behalf of the City of San Luis Obispo (hereinafter referred to as "City ") acknowledges and accepts the responsibility for supervision of the CAO; and WHEREAS, the Council, is desirous of appointing a CAO and wishes to set the terms and conditions of said employment; and WHEREAS, Kenneth C. Hampian (hereinafter "Ken Hampian") desires to accept the position of CAO consistent with certain terms and conditions of said employment, as set forth in this Resolution, NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the terms and conditions of said employment are as follows: Section 1. Effective Date. A. The appointment of Kenneth C. Hampian is effective April 18, 2000. B. Kenneth C. Hampian will assume the position of CAO as of January 1, 2001. C. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Council to terminate the services of Ken Hampian at any time, subject only to San Luis Obispo City Charter Section 709 and the provisions set forth in Section 13 of this agreement. D. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of Ken Hampian to resign at any time from his position with the City, subject only to the provision set forth in Section 14 of this agreement. Section 2. Salary Council agrees to pay Ken Hampian for his services rendered pursuant hereto a starting annual base salary of $117,500, payable in installments at the same time as the other management employees of City are paid. In addition, Council agrees to increase said base salary by the cost -of- living adjustment approved by the Council for all city management employees under the Management Pay - for- Performance System (Resolution No. 9017, 2000 Series). R 9037 O 10 Resolution No. 9037 (2000 Series) Page 2 Section 3. Benefits In addition to the salary set forth in Section 2 of this agreement, Ken Hampian shall be entitled to the same benefits as those offered by City to the CAO in accordance with Resolution 9037 (2000 Series) and supporting resolutions, except that 80 hours of administrative leave shall not be included as salary. Section 4. City Council — CAO Teambuilding The Council and CAO shall attend and participate in the League of California Cities Leadership Team Workshop scheduled for February 14 -16, 2001, in Pomona, Califomia. Council and CAO may attend similar workshops in subsequent years, as determined by the Council. Section 5. Performance Evaluation A. By January 31, 2001, Council and Ken Hampian shall establish written goals, performance objectives, and priorities and further, shall conduct an "interim" evaluation during July 2001, and at this stage, the CAO shall be eligible for a salary increase subject to performance. B. Each calendar year thereafter, Council shall review and evaluate the performance of Ken Hampian in accordance with the adopted Appointed Officials Evaluation Process, as modified by the Council on August 17, 1999. This system, or any successor system, shall provide that the Council and Ken Hampian jointly establish in writing one year in advance of evaluation, goals and performance objectives that the Council determines necessary for the proper operation of the City of San Luis Obispo and are needed to attain the Council's policy objectives. Council shall further establish a relative priority among those various goals and objectives, which shall be attainable within the time limitations as specified and the annual operating and capital budgets and appropriations provided. Salary shall be adjusted by Council, based on performance, in accordance with the adopted Management Pay- for - Performance System, or any successor system. Section 6. Outside Activities, Conduct and Behavior A. Ken Hampian shall not engage in teaching, consulting or other non -City connected business without the prior approval of Council. B. Ken Hampian 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 CAO or give rise to the appearance of impropriety. Section 7. Dues and Subscriptions Council agrees to budget for and to pay for professional dues and subscriptions of Ken Hampian necessary for his continuation and full participation in national, regional, state, and local associations, and organizations necessary and desirable for his continued professional participation, growth, and advancement, and for the good of the City. v �V Resolution No. 9037 (2000 Series) Page 3 Section 8. Professional Development A. Council hereby agrees to budget for and to pay for travel and subsistence expenses of Ken Hampian for professional and official travel, meetings, and occasions adequate to continue the professional development of Ken Hampian and to adequately pursue necessary official functions for City, including but not limited to the ICIVIA Annual Conference, the League of California Cities, and such other national, regional, state, and local governmental groups and committees. B. Council also agrees to budget for and to pay for travel and subsistence expenses of Ken Hampian for short courses, institutes, and seminars that are necessary for his professional development and for the good of the City. C. Others may be agreed upon from time to time between the Council and Ken Hampian. Section 9. General Expenses Council recognizes that certain expenses of a non - personal and generally job - affiliate nature are incurred by the CAO, and hereby agrees to authorize the Finance Director to reimburse or to pay said general and reasonable expenses, consistent with City policies, upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits. Section 10. Indemnification In addition to that required under state and local law, City shall defend, save harmless, and indemnify Ken Hampian against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Ken Hampian's duties as CAO. City may compromise and settle any such claim or suit, and shall pay the amount of any settlement or judgment rendered thereon. Section 11. Other Terms and Conditions of Employment The Council, in consultation with Ken Hampian, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Ken Hampian, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this agreement, the City Charter or any other law. Section 12. No Reduction of Benefits Council shall not at any time during the term of this agreement reduce the salary, compensation or other financial benefits of Ken Hampian, except to the degree of such a reduction across - the -board for all employees of the City. Resolution No. 9037 (2000 Series) Page 4 Section 13. Termination and Severance Pay A. In the event Ken Hampian's employment is terminated by the Council, or he resigns at the request of a majority of the Council, during such time that he is otherwise willing and able to perform the duties of CAO, the Council agrees to pay him a lump sum cash payment equal to nine (9) months compensation (salary and all appointed officials fringe benefits). In the event that Ken Hampian is terminated for good cause, then the Council shall have no obligation to pay the lump sum severance payment mentioned above. For the purpose of this agreement, "good cause" shall include, but not necessarily be limited to any of the following: (1) a material breach of the terms of this agreement; (2) misfeasance; (3) malfeasance; (4) a failure to perform his duties in a professional and responsible manner consistent with generally accepted standards of the profession; (5) conduct unbecoming the position of CAO or likely to bring discredit or embarrassment to the City. "Good cause" shall not mean a mere loss of support or confidence by a majority of the Council. Section 14. Resignation In the event Ken Hampian voluntarily resigns his position with the City, he shall give the Council at least two (2) months advance written notice. Section 15. General Provisions A. The text herein shall constitute the entire agreement between the parties. B. This agreement shall be binding upon and inure to the benefit of the heirs at law and executors of the parties. C. This agreement shall become effective commencing April 18, 2000. D. It is the intent of the Council that this agreement and the appointment of Ken Hampian as CAO be in accordance with the requirements and provisions of the Charter. Wherever possible the provisions of this agreement shall be construed in a manner consistent with the Charter. If any provision of this agreement conflicts with the Charter, the Charter shall control. E If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. �i Resolution No. 9037 (2000 Series) Page 5 Upon motion of Vice Mayor Schwartz, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Marx, Romero, Vice Mayor Schwartz, and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 18th day of April 2000. Mayor Allen Settle Lily %.ierK APPROVED AS TO FORM: K, �• r i /� �-� 0 '� �� ��_ C • RESOLUTION NO. 9036 (2000 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING SECTION 405 OF THE FINANCE MANAGEMENT MANUAL REGARDING FLEET MANAGEMENT WHEREAS, the City's fleet represents a significant investment in the tools needed to deliver day -to -day services; and WHEREAS, the Council wants to minimize fleet operation and maintenance costs; and WHEREAS, the Council wants to avoid unnecessary capital outlays for fleet expansion and replacement; and WHEREAS, the Council wants to improve fleet safety, utility, reliability, and economy; and WHEREAS, the Council wants to maintain a positive image for the City; and WHEREAS, the Council wants to encourage responsible use of City vehicles and equipment; NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo to adopt the amended Section 405 of the Financial Management Manual attached and to rescind Resolution No. 6876 (1990 Series). Upon motion of Council Member Romero, seconded by Council Member Marx, and on the following roll call vote: AYES: Council Members Ewan, and Mayor Settle NOES: None ABSENT: None Marx, Romero, Vice Mayor Schwartz, The foregoing resolution was adopted this 4`s day of April 2000. R 9036 Resolution 9036 (2000 Series) Page 2 APPROVED AS TO FORM: N Mayor Allen Settle /o,j ka; I� SECTION 405 FLEET MANAGEMENT TABLE OF CONTENTS OVERVIEW A. Purpose and Objectives 1 B. Responsibilities 2 POLICIES C. Maintaining Proper Fleet Size 4 D. Buying New Versus Used Vehicles and Equipment 5 E. Alternative -Fuel Vehicles and Equipment 6 F. Age and Mileage Targets Before Replacement 7 G. Equipping and Marking Newly- Acquired Vehicles and Equipment 9 PROCEDURES Budgeting H. Budgeting for Vehicles or Equipment Purchasing 10 I. Buying New Vehicles or Equipment Through a Cooperative Purchasing 11 Contract J. Buying New Vehicles or Equipment Through an Invitation for Bids 12 K. Buying Used General- Purpose Vehicles 13 L. Buying Used Vehicles or Equipment Other Than General Purpose- Vehicles 14 Surplus Vehicles and Equipment M. Disposing of Surplus Vehicles and Equipment Approved by the Council on April 4, 2000, Resolution No. 9036 (2000 Series). 15 SECTION 405 -A: OVERVIEW PURPOSE AND Objectives 1. Purpose The City's fleet represents a significant investment in the tools needed to deliver day -to- day services. This section of the Finance Management Manual outlines responsibilities, policies, and procedures for managing the City's fleet according to established objectives. 2. Objectives a. Minimize fleet operation and maintenance costs. Typically, operation and maintenance costs increase as vehicles and equipment get older and accumulate more miles. b. Avoid unnecessary capital outlays for fleet expansion and replacement. Expanding the fleet or replacing an existing vehicle or equipment item may not make sense if the vehicle or equipment item is used only sparingly. Also, in many cases, used vehicles and equipment will provide needed utility, reliability, and economy at an acquisition cost significantly lower than the cost of new vehicles and equipment. C. Improve fleet safety, utility, reliability and economy. Newer vehicles usually incorporate more advanced technology such as airbags, anti -lock braking systems, and engines that burn cleaner, last longer, and use less fuel. New equipment usually incorporates technology that improves the productivity and safety of the equipment operators. Also, newer vehicles and equipment are naturally more reliable. d. Maintain a positive image for the City. 'Operating older vehicles and equipment can sometimes indicate cost - consciousness, but if the vehicles and equipment are unsightly or noisy it can reflect lack of care and concern. Also, stylish features with marginal utility may project an inappropriate image of luxury or extravagance. e. Encourage responsible use of City vehicles and equipment. Conscientious use of City vehicles and equipment can improve safety and reduce liability. 405 -1 Section 405 -B: Overview Responsibilities 1. City Administrative Officer Responsibilities a. Oversee the acquisition, operation, and disposal of all City owned and leased vehicles and equipment. b. Amend fleet management policies and procedures as required to accomplish adopted fleet management objectives. 2. Department Head Responsibilities a. Ensure fleet management policies and procedures are followed. b. Budget for replacement and addition of vehicles and equipment. 3. Fire Fleet Coordinator Responsibilities a. Manage the acquisition and disposal of all vehicles and equipment assigned to the fire fleet. The fire fleet includes all vehicles specially designed and equipped for fire, medical, and other emergency response. Because these vehicles require unique service and repair capability, the fire fleet is kept separate from other City vehicles and equipment.' b. Service and repair all vehicles and equipment assigned to the fire fleet. C. Manage inventories of the fuel, oil, tires and replacement parts needed for all vehicles and equipment assigned to the fire fleet. d. Document the maintenance history and cost, the fuel use, and the accumulated mileage (or hours) for each vehicle or equipment item assigned to the fire fleet. e. Identify vehicles and equipment items to be disposed of. 4. Transit Fleet Coordinator Responsibilities a. Manage the acquisition and disposal of all vehicles and equipment assigned to the transit fleet. The transit fleet includes buses and service vehicles used by the City's transit service contractor. Because such contractors prefer to service and repair the vehicles they operate, the transit fleet is kept separate from other City vehicles and equipment b. Oversee the maintenance and operation of the transit fleet that are performed by the transit service contractor. C. Identify vehicles and equipment items to be disposed of. 5. General Fleet Coordinator Responsibilities a. Manage the acquisition and disposal of all vehicles and equipment not assigned to the fire or transit fleet. 405 -2 Fleet Management — Responsibilities n b. Service and repair all vehicles and equipment not assigned to the fire or transit fleet. C. Manage inventories of the fuel, oil, tires, and replacement parts needed for all vehicles and equipment not assigned to the fire and transit fleet. d. Document the maintenance history and cost, the fuel use, and the accumulated mileage (or hours) for each vehicle or equipment item not assigned to the fire or transit fleet. e. Identify vehicles and equipment items to be disposed of. 6. Vehicle and Equipment Operator Responsibilities a. Exercise good judgment. b. Consult a supervisor or the fleet coordinator if any operator responsibilities are not clear. C. Use City vehicles and equipment only for conducting City business unless a vehicle has been approved as a part of compensation or has been specifically approved by the City Administrative Officer. d. Arrange for emergency repairs whenever consulting with the fleet coordinator would be impractical. Pay for emergency repairs by either using a City credit card or paying for the repair and submitting receipts for reimbursement. e. Wash and vacuum the vehicle or equipment periodically to maintain its appearance and prevent premature deterioration of surfaces and materials. Use City -owned washing facilities if available. If City -owned washing facilities are not available, use a commercial car wash. Use commercial waxing and detailing services only with prior approval of the fleet coordinator. f. Pay for any parking fees and tolls required while on City business. Submit receipts for reimbursement. g. Pay any traffic and parking fines incurred. These payments are not reimbursable. h. Carry a valid California driver license.. i. Obey all traffic laws. Drive defensively. k. Use turn signals. Use seat belts and ensure all occupants the use seat belts. M. In case of accident, follow instructions included in the accident folder. 405 -3 Section 405 -C: Policies MAINTAINING PROPER FLEET SIZE 1. The vehicle and equipment fleet should not exceed the minimum number of vehicles and equipment items needed to effectively conduct City business. 2. When budgeting for replacement of vehicles and equipment items, average annual mileage or hours should be calculated for each vehicle or equipment item to be replaced. If average annual use appears to be much lower than the average annual use within the same vehicle or equipment category, the following options should be considered instead of replacement: a. Using a vehicle assigned to a convenient vehicle pool b. Occasionally borrowing equipment from another program C. Renting a vehicle or equipment item for a limited period of time with City Administrative Officer approval d. Reimbursing an employee for occasional use of a privately -owned personal vehicle with department head approval Occasional use of a privately -owned personal vehicle for City business should be the last option considered, because it conflicts with City policies encouraging City employees to use alternative transportation for commuting. 4. When use of a privately -owned personal vehicle is authorized for City business, reimbursement will be made at the current Internal Revenue Service rate allowed for business use of vehicles. 5. Replacement of vehicles and equipment will not be used as a strategy to expand the fleet. When a vehicle or equipment item is replaced, it will expeditiously be declared surplus and be disposed of, unless a) it is assigned to backup service according to adopted allowances for such assignment or b) the City Administrative Officer approves temporary retention and use not to exceed 180 days. 6. Section 906 of the City Charter requires Council approval for sale of City personal property with a value greater than one hundred dollars. To efficiently implement this provision, the Finance Director will be authorized to a) declare replaced vehicles and equipment as surplus whenever the Council has previously approved replacement through the budget process or other Council action and b), dispose of surplus vehicles and equipment by sale, auction, trade -in, or other disposal method according to City policies and procedures. 405 -4 C. .J Section 405 -D: Policies BUYING NEW VERSUS USED VEHICLES AND EQUIPMENT 1. When buying general - purpose vehicles (sedans, station wagons, minivans, sport utility vehicles, and pickup trucks with less than one ton payload), the preferred procedure will be to buy used vehicles. 2. If a new, rather than used, general- purpose vehicle is needed, justification should be included in the Capital Improvement Plan project request. 3. When buying public safety vehicles and special purpose vehicles and equipment, the preferred procedure will be to buy new vehicles and equipment. 4. When buying a public safety vehicle, special purpose vehicle, or special purpose equipment item, the operating department may determine that a used vehicle or equipment item is more cost - effective than a similar new vehicle or equipment item. The rationale for such a determination should be included in the Capital Improvement Plan project request. 405 -5 LN Section 405 -E: Policies ALTERNATIVE -FUEL VEHICLES AND EQUIPMENT 1. The City will incorporate alternative -fuel vehicles and equipment into its fleets when such vehicles and equipment: a. Will produce less air pollution and use less fossil fuel than comparable conventional -fuel vehicles and equipment. b. Will not compromise fleet safety, utility and reliability. C. Can be fueled or recharged locally. d. Can be serviced economically and locally. e. Have an acquisition cost not more than 20 percent above the cost of comparable conventional -fuel vehicles and equipment. f. Have a maintenance cost not more than 20 percent above the cost of comparable conventional -fuel vehicles and equipment. 2. Age and mileage targets before replacement will not apply to alternative -fuel vehicles and equipment. 405 -6 0 Section 405 -F: Policies AGE AND MILEAGE TARGETS BEFORE REPLACEMENT The following table shows the age and mileage expected from City vehicles and equipment in front -line operation before replacement or assignment to backup service: 2. • For vehicles and equipment bought used, the age and mileage targets apply to age and mileage since new, rather than age and mileage since acquired by the City. 3. Age and mileage standards will be periodically reviewed and may be adjusted because of improvements in technology or maintenance practices. 4. In order to maintain the high degree of reliability required for emergency response, public safety vehicles will generally be replaced or assigned to backup service when solely based on age and mileage targets. 405 -7 Years Allowed in Age Backup Vehicle or Equknzent Categoiy NbhcSaletv in Years Mileage Service Vehicles Police Patrol Sedans 3 100,000 - -- Police Patrol Motorcycles 3 25,000 - -- Fire Pumper Trucks 16 - -- 4 Fire Aerial Ladder Trucks 20 - -- 4 Other Fire Trucks 10 - General Purpose Sedans (Police) 7 80,000 - -- General Purpose Sedans 10 80,000 - -- General Purpose Station Wagons 10 80,000 - -- General Purpose Passenger Vans 10 80,000 - -- General Purpose Sport Utility Vehicles 11 90,000 - -- General Purpose Pickup Trucks (under 1 ton) 11 90,000 - -- Special Purpose Light Trucks (under 1 ton) 12 100,000 --- Special Purpose Medium Trucks (1 to 2 ton) 12 60,000 -- Special Purpose Heavy Trucks (over 2 ton) 12 60,000 - -- Utility Scooters 6 30,000 - -- Street Sweepers 5 60,000 5 Vacuum Flusher Trucks 8 60,000 - -- Trailers 18 - -- - -- Construction Equipment 17 - -- - -- Buses 15 - -- - -- Mowers 15 - -- - -- Boats 21 - -- - -- Other Portable Equipment 15 - -- - -- Alternative-Fuel Vehicles and Equilymeni Ali) Tar�gets 2. • For vehicles and equipment bought used, the age and mileage targets apply to age and mileage since new, rather than age and mileage since acquired by the City. 3. Age and mileage standards will be periodically reviewed and may be adjusted because of improvements in technology or maintenance practices. 4. In order to maintain the high degree of reliability required for emergency response, public safety vehicles will generally be replaced or assigned to backup service when solely based on age and mileage targets. 405 -7 Fleet Management —Age and Mileage Targets Before Replacement 5. For non - public safety vehicles and equipment, the age and mileage targets are only guidelines. Vehicles and equipment in exceptional condition with low -cost repair histories may continue in service beyond expected age and mileage targets at the discretion of the fleet coordinator. On the other hand, vehicles and equipment may be recommended for replacement before expected age and mileage targets are reached if there are problems with high maintenance cost, unreliability, unsafe components, or technological obsolescence. 405 -8 N Section 405 -G: Policies EQUIPPING AND MARKING NEWLY- ACQUIRED VEHICLES AND EQUIPMENT 1. Unless it is impractical or unsafe, the fleet coordinator will equip each vehicle or equipment item with the following articles: a. First aid kit b. Fire extinguisher C. Flares d. Flashlight e. Blanket f. Litter bag g. Vehicle registration forms h. Proof of insurance 2. Accident folder that includes an incident report form, an information exchange card, and witness information cards 3. General- purpose sedans, station wagons and passenger vans do not require any special markings. However, these vehicles must be identified as belonging to the City of San Luis Obispo through such means as a license plate holder or window decal. 4. Sport utility vehicles, pickup trucks and equipment items will be marked with the current standard City logo and logo colors on each side and the City identification number on the tailgate or other conspicuous area. 5. Police patrol sedans and patrol motorcycles will be marked so that they will be immediately recognizable as City public safety vehicles. Patrol sedans will be base white in color and will have markings that include the standard City logo in black and gold on the left and right front doors and a black stripe on each side. 6. Emergency response vehicles in the fire fleet will be lime green and marked with a City logo, City of San Luis Obispo Fire Department and white stripe on each side. Other fire fleet vehicles will be white with a green stripe and identified as City of San Luis Obispo Fire Department. General- purpose sedans will be marked as shown in paragraph 2. 7. Transit fleet vehicles will be marked with a distinctive striping scheme that includes the term SLO Transit. Any changes to transit fleet markings will be recommended by the Mass Transportation Committee and approved by the City Council. 8. The City Administrative Officer must approve any deviations from the provisions of paragraphs 2 through 5 and additional special markings on any vehicles and equipment. 405 -9 Section 405 -H: Procedures BUDGETING FOR VEHICLES OR EQUIPMENT 1. To Budget for Addition of Vehicles and Equipment to the Fleet a. Prepare a Capital Improvement Plan project request (or a significant operating program change request if the unit cost is less than $15,000) for each vehicle or equipment item to be added.. Group similar vehicles or equipment items within one operating program into a single request. The City's budget policies apply to all such requests. 2. To Budget for Replacement of Existing Vehicles and Equipment: a. Examine vehicles and equipment items that are near or beyond age and mileage targets. Recommend replacement if justified by maintenance history, overall condition, value and obsolescence. b. Prepare a Capital Improvement Plan project request (or a significant operating program change request if the unit cost is less than $15,000) for each vehicle or equipment item to be replaced. Group similar vehicles or equipment items within one operating program into a single request. Include the following minimum information for each vehicle and equipment item to be replaced: • City identification number (e.g., 8901) • Model year (e.g., 1989), make (e.g., Ford), and model (e.g., F -350) • Description (e.g., one -ton truck) • Assigned department (e.g., Public Works) • Assigned program (e.g., Signal and Light Maintenance) • Acquisition year (e.g., 1989 -90) • Acquisition price • Recommended replacement year (e.g., 2000 -01) • Estimated total replacement price (including the price of additional equipment such as radios and installation for new or transferred equipment) • Itemization of total replacement price (including base price, price of special equipment, price of special equipment installation, and five percent price contingency) • Estimated surplus value • Basis of estimated surplus value (e.g., blue book, previous auction proceeds) • Current odometer or hourmeter reading • Projected odometer or hourmeter reading at replacement • Maintenance cost since acquisition • Maintenance cost in the last full fiscal year • Justification for replacement before age or mileage targets • Justification for replacement with other than a like vehicle or equipment item 405 -10 0 O Section 405 -I: Procedures BUYING NEW VEHICLES OR EQUIPMENT Through a Cooperative Purchasing Contract 1. Obtain a copy of the purchasing contract that extends contract prices to other government agencies. 2. Ensure that the specified vehicle or equipment item along with options is appropriate for the intended use. 3. Solicit a few informal oral quotations from other dealers to ensure that the contract price is competitive. 4. Include only those options needed to meet work requirements and typical comfort needs. Avoid options like fancy wheels or leather upholstery that might be perceived as luxurious or extravagant, even if there is no difference in price compared to ordinary options. 5. Specify the exterior paint color to be white. Specify another color (preferably solid and non - metallic) if it will demonstrably improve safety, enhance utility, or reduce cost. 6. Prepare a purchase order to the contract dealer. Depending on the cost, submit a Council Agenda Report or CAO Report requesting approval of the purchase order. 7. Receive the vehicle or equipment item and examine it for defects and conformance to specifications. If satisfactory, mark the dealer's invoice "okay to pay ", initial it, and forward it to Finance Department with a copy of the purchase order. 8. Forward any title documents to Finance Department. 405 -11 Section 405 -J: Procedures BUYING NEW VEHICLES OR EQUIPMENT Through an Invitation for Bids 1. Use the standard invitation to bid (IFB) template to create the specification. 2. In Section A (Description of Work), list the dimensions, capacities, ratings and options that will adequately describe the vehicle or equipment item needed for the intended use. Avoid describing a vehicle or equipment item available from only one manufacturer. 3. Include only those options needed to meet work requirements and typical comfort needs. Avoid options like fancy wheels or leather upholstery that might be perceived as luxurious or extravagant, even if there is no difference in price compared to ordinary options. 4. Specify the exterior paint color to be white. Specify another color (preferably solid and non - metallic) if it will demonstrably improve safety, enhance utility, or reduce cost. 5. If the vehicle or equipment item will be picked up at the dealer or delivered by common carrier, eliminate insurance requirements from Section B (General Terms and Conditions) and eliminate Section E (Insurance Requirements) from the specification. 6. Eliminate the contract requirement from Section B (General Terms and Conditions). Eliminate Section D (Form of Agreement) from the specification. 7. In Section C (Special Terms and Conditions), change language about awarding a contract to language about issuing a purchase order. 8. Depending on estimated cost, submit a CAO Report or Council Agenda Report requesting authorization to invite bids. If a Council Agenda Report is submitted, request that the City Administrative Officer be authorized to award a purchase order if the cost is within budget. 9. Advertise for bids. 10. Open bids. 11. Prepare a purchase order to the successful bidder. Submit a CAO Report requesting approval of the purchase order. 12. Forward the purchase order to Finance Department. 13. Receive the vehicle or equipment item and examine it for defects and conformance to specifications. If satisfactory, mark the dealer's invoice "okay to pay ", initial it, and forward it to Finance Department with a copy of the purchase order. 14. Forward any title documents to Finance Department. 405 -12 Section 405 -K: Procedures Bugg Used General - Purpose Vehicles General-purpose vehicles are sedans, station wagons, passenger vans, sport utility vehicles and pickup trucks with less than one -ton payload. 1. Depending on estimated cost, submit a CAO Report or Council Agenda Report requesting authorization to buy a used vehicle. 2. Search for a vehicle through dealers who sell used rental vehicles for major rental companies. 3. Select a late model, low mileage vehicle that appears to be in excellent overall condition. Consider only vehicles with options needed to meet work requirements and typical comfort needs. Avoid vehicles with options like fancy wheels or leather upholstery that might be perceived as luxurious or extravagant, even if there is no difference in price compared to ordinary options. 4. Perform a technical inspection to confirm the vehicle is in excellent condition. 5. Negotiate a purchase price, including an extended warranty as appropriate, to be included in a written buyers order from the dealer. 6. Prepare a payment voucher and submit a CAO Report for approval.. 7. Forward the payment voucher to Finance Department. 8. Receive the vehicle and examine it for defects and conformance to the buyers order. If satisfactory, pick up the check from Finance Department and pay the dealer. 9. Forward any title documents to Finance Department. 405 -13 Section 405 -L: Procedures BUYING USED VEHICLES OR EQUIPMENT Other Than General Purpose Vehicles C 1. Depending on estimated cost, submit a CAO Report or Council Agenda Report requesting authorization to buy a used vehicle. 2. Search for the vehicle or equipment item through dealers who sell used vehicles and equipment. 3. Select a vehicle or equipment item that appears to be in excellent overall condition. 4. Perform a technical inspection to confirm the vehicle or equipment item is in excellent condition. 5. Negotiate a purchase price to be included in a written buyers order from the dealer. 6. Prepare a payment voucher and submit a CAO Report for approval. 7. Forward the payment voucher to Finance Department. 8. Receive the vehicle or equipment item and examine it for defects and conformance to the quotation or buyers order. If satisfactory, pick up the check from Finance Department and pay the dealer. 9. Forward any title documents to Finance Department. 405 -14 Section 405 -M: Procedures DISPOSING OF SURPLUS VEHICLES AND EQUIPMENT 1. When a vehicle or equipment item is replaced or otherwise permanently removed from service, report to the Finance Director that it is surplus and available for sale. 2. Include in each such report the following information for each vehicle or equipment item reported: • City identification number (e.g., 8901) • Vehicle identification number (VIN) • Model year (e.g., 1989), make (e.g., Ford), and model (e.g., F -350) • Description (e.g., one -ton truck) • Assigned department (e.g., Public Works) • Assigned program (e.g., Signal and Light Maintenance) • Acquisition year (e.g., 1989 -90) • Estimated surplus value • Basis of estimated surplus value (e.g., blue book, previous auction proceeds) • Current odometer or hourmeter reading • Justification for replacement • Current location R 9036 0 . 0 RESOLUTION NO. 9035 (2000 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SETTING NEW SALARIES FOR THE MAYOR AND COUNCIL MEMBERS WHEREAS, Charter Section 410 provides for compensation and reimbursement of expenses for the Mayor and Council members and establishes a procedures for a biannual review by a five - member Council Compensation Committee; and WHEREAS, a five- member Council Compensation Committee was appointed and has met and reviewed Mayor and Council Member compensation in accordance with the procedure provided by the Charter; and, WHEREAS, the Council Compensation Committee has determined that the present criteria for compensation remain valid, however the current monthly salary has remained unadjusted since 1989, and that adjustment is now appropriate particularly in light of the significant demands associated with the official duties of the Mayor and Council Members. NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. BASIC COMPENSATION Section 2.1 of the Council Policies and Procedures shall be amended to read as follows: Effective January 1, 2001, compensation for services rendered in an official capacity shall be provided as follows: Members of the City Council shall receive $900 per month; and the Mayor shall receive a monthly salary of $1,100. Upon motion of Council Member Marx, seconded by Council Member Ewan, and on the following roll call vote: AYES: NOES: ABSENT: Council Members Ewan, Marx, Romero, Mayor Settle None None The foregoing resolution was adopted this 4`s day of ATTEST: Lee Price, City Clerk Vice Mayor Schwartz, and Resolution No. 9035 (2000 Series) Page 2 APPROVED AS TO FORM: n C� ���M 0" U, U�V � �� , o O RESOLUTION NO. 9034 (2000 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE VESTING TENTATIVE MAP FOR A 10 -LOT RESIDENTIAL CONDOMINIUM SUBDIVISION AT 1720 JOHNSON AVENUE (TR 4 -99; COUNTY TRACT MAP NO. 2340) WHEREAS, the Planning Commission conducted a public hearing on September 8, 1999, and recommended approval of Vesting Tentative Tract Map 4 -99; and WHEREAS, the City Council conducted a public hearing on April 4, 2000 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 finds that the proposed subdivision is consistent with the General Plan, the Zoning Regulations, and other applicable City ordinances; and WHEREAS, the City Council has considered the draft Negative Declaration of environmental impact with Mitigation Measures as prepared by staff and reviewed by the Planning Commission. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Council finds and determines that the project's Negative Declaration with Mitigation Measures adopted on August 3, 1999, and amended by the Planning Commission on September 8, 1999, adequately addresses the potential significant environmental impacts of the proposed project. The City Council hereby adopts the Negative Declaration with Mitigation Measures. SECTION 2. Findings. That this Council, after consideration of the Vesting Tentative Tract Map 4 -99, and the Planning Commission's recommendations, staff recommendations, public testimony, and reports thereof, makes the following findings:. The design of the tentative map and the proposed improvements are consistent with the General Plan and the proposed development plan because the map meets all of the requirements of the Zoning Regulations and Subdivision Regulations and will support development typical of areas designated on the General Plan Land Use Map as Medium - Density Residential. 2. The site is physically suited for the type and density of development allowed in the R -2 zoning district. 3. The design of the subdivision and the proposed improvements, when evaluated in conjunction with the proposed mitigation measures, are not likely to cause serious health problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. � 903# � o Resolution No. (2000 Series) Page 2 4. The design of the subdivision or the type of improvements will not conflict with easements for access through, or use of property within, the proposed subdivision. 5. The initial environmental study and mitigated negative declaration, ER 4 -99, concludes that the project will not have a significant adverse impact on the environment. SECTION 3. Conditions. The vesting tentative map for Tract 4 -99 (County Tract Map No. 2340) is approved subject to the following conditions, and one code requirement: 1. The project shall comply with all of the requirements of the Residential Condominium Development Ordinance and the Property Improvement Standards for New Condominium Projects (SLOMC 17.82.140). Solar collectors for water heating and private storage areas shall be reviewed and approved by the Architectural Review Commission. 2. The grading and drainage plan shall be modified to include measures to deal with water draining from the field above the project, to the approval of the Chief Building Official. 3. The following conditions are provided to insure compatibility between the Fixlini Street right - of -way, the existing school driveway, and the proposed driveway extension to the Judge's Townhouses project, to the approval of the Public Works Director, the Community Development Director, and the School District: a) The existing "Do Not Enter" signs at the end of Fixlini Street shall be removed and positioned to the northwest of the proposed driveway extension. b) All existing directional arrows on the driveway surface shall be removed. c) A table- top /driveway ramp shall be installed northwest of the proposed driveway extension. d) Directional signage shall be installed to the northwest of the new table- top /driveway ramp indicating that two -way traffic is ahead. e) Directional signage and striping shall be installed so that vehicles exiting the school site merge into a single lane prior to reaching the new table- top /driveway ramp. The new table- top /driveway ramp shall be designed to accommodate one vehicle at a time. 4. All mitigation measures included in the Mitigation Agreement signed by the Community Development Director and the applicant, Stephen Sicanoff dated August 17, 1999, are hereby included as conditions of approval. 5. A portion of the existing sewer main that serves the School District property and crosses the project site in an easement is proposed to be abandoned. If this proves feasible, the School District property shall be reconnected to the existing active gravity sewer system located in the public right -of -way at the end of Fixlini Street. If this alignment is not feasible because of the depth of the system serving the School District property, then the existing sewer serving the school shall be realigned in an easement on School District C Resolution No. (2000 Series) Page 3 property, to the approval of the Utilities Director. As the need for this work is driven by the redevelopment of 1720 Johnson, all costs associated with this work shall be the responsibility of the developer. 6. The double -check detector check assembly (DCDC) shall be located adjacent to the public right -of -way in Johnson Avenue to the satisfaction of the Fire Marshall and Utilities Engineer. 7. Three separate 2" laterals will be required to serve the ten new residences, with meters manifolded in groups of 4 or 3 meters per manifold. They need to be sized and placed at appropriate locations along the Johnson Avenue frontage to minimize the distance to the units from the water meters, to the approval of the Utilities Engineer. 8. The applicant shall install a gate at the Fixlini entrance which can only be opened by residents of the complex and Police and Fire Departments, to the approval of the Community Development Director. 9. A drainage easement shall be created for the cross -lot drainage disposal in the back yards of lots 6, 7 and 8. 10. If there is an existing well, then the location shall be shown. Code Requirements 1. A water allocation is required, due to the additional units. Currently, a water allocation can only be obtained through the water retrofit program. The City's Water Conservation division can help in determining the needed allocation and the necessary number of retrofits. Water Conservation can be reached by calling 781 -7258. 2. Water and Wastewater Impact Fees shall be paid at the time building permits are issued. Both the Water and the Wastewater Impact Fees are based on the number of single family units being built. The cost of developing an allocation through retrofit could offset a portion of the required Water Impact Fee according to appropriate City policies. 3. Each lot/unit shall be provided a separate water, gas, electric, telephone and cable TV service (a common sewer is allowed). Water services shall be manifolded in pairs, whenever possible, in accordance with City standards. 4. New construction shall meet the setback requirements of the Uniform Plumbing Code (UPC) table 7 -7 for water wells, if a well exists. 5. Lots shall be developed with grades that comply with the Uniform Building Code (UBC) appendix section 3315.4. 6. The subdivider shall pay Park -In -Lieu fees consistent with SLO Municipal Code Section 16.40.80. Resolution No. (2000 Series) Page 4 7. The subdivider shall meet the Inclusionary housing requirement consistent with the SLO Municipal Code Section 17.91. 8. Traffic impact fees are required to be paid prior to the issuance of a building permit, with credit for existing legal units. 9. Fire flow shall be in accordance with Appendix III -A of the 1999 California Fire Code. The proposed location of the on -site hydrant is adequate. Hydrant shall be installed per City Engineering Standards. 10. All new construction shall have automatic fire sprinklers installed per the Building Code. 11. Buildings undergoing demolition and construction shall be in accordance with Article 87 of the 1999 California Fire Code. Upon motion of Council Member Marx, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Marx, Romero, Vice Mayor Schwartz and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 4th day of April 2000. ATTEST: hQ Lee Price, City Clerk APPROVED AS TO FORM: *efG. rg y Attorney Mayor Allen Settle C C% C RESOLUTION NO. 9033 (2000 Series) A RESOLUTION OF RECOMMENDATION BY THE SAN LUIS OBISPO CITY COUNCIL REQUESTING THAT THE LOCAL AGENCY FORMATION COMMISSION APPROVE ANNEXATIONS OF PROPERTIES AT 196 SUBURBAN ROAD AND 205 AND 204 TANK FARM ROAD FOR PACIFIC BELL, A & R WELDING, AND FARM SUPPLY RESPECTIVELY (ANNX/R/ER 213 - 99,188 -99, and 206 -99) WHEREAS, the Planning Commission and City Council have held hearings on the proposed annexations on January 26, 2000, March 7, 2000, and April 4, 2000, respectively; and WHEREAS, the City Council introduced on April 4, 2000 Ordinance No. 1366 (2000 Series), approving a Negative Declaration for the proposed annexation, pursuant to the California Environmental Quality Act Guidelines Section 15090; and WHEREAS, on recommendation of the Planning Commission and as a result of its deliberations, the Council has approved an amendment of the Zoning Map by prezoning the annexation properties to Service Commercial (C -S) and Manufacturing (M) as shown on the attached Exhibit A; and WHEREAS, City Council approval is a prerequisite for the San Luis Obispo County Local Agency Formation Commission to initiate formal annexation proceedings; and WHEREAS, the territory to be annexed is uninhabited, and a description of the boundaries of the territory is set forth in attached Exhibits B and C; and WHEREAS, this proposal is consistent with the sphere of influence of the affected city; NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1: Findings. Annexation is appropriate since the sites are contiguous to the City. 2. Annexation of the sites is a logical addition to the City due to their location, on -site urban development, and availability of services. 3. The proposed annexations will promote the health, safety, and welfare of persons living or working in the vicinity of the annexation area. R 1033 0 0 Resolution No. 9033 ( 2000 Series) Page 2 SECTION 2: Annexation Area Described. The annexations shall consist of three contiguous properties covering approximately 12 acres. They are located on the north side of Suburban Road (196 Suburban Road); on the south side of Tank Farm Road (205 Tank Farm Road); and on the north side of Tank Farm Road (204 Tank Farm Road). They are assigned Assessor's Parcel Numbers of 076 - 352 -033, 076 - 352 -032, and 076 - 351 -042 respectively, as shown in the annexation maps attached as Exhibit B and legally described in attached Exhibit C. SECTION 3: Council Recommendation. The City Council recommends that the Local Agency Formation Commission of San Luis Obispo County approve the proposed annexations subject to property owners' compliance with City requirements regarding public improvements, in accordance with California Government Code Section 56844 et sue- SECTION 4: Implementation. The City Clerk shall forward a copy of this resolution and prezoning actions, the mitigated Negative Declarations of environmental impact, and all pertinent supporting documents to the Local Agency Formation Commission. SECTION 5: Resolution No. 9023 (2000 Series) is hereby repealed. On motion of Council Member Marx, seconded by Council Member Romero, and on the following roll call vote: AYES: Council Members Marx, NOES: None ABSENT: Council Member Ewan The foregoing resolution was passed and adopted this 4`h day of April 2000. APPROVED AS TO FORM: Allen 0 0 o� iu �11M EXHIBIT A EXHIBIT B 1 9 I p H Y 8► � `� E I v~ � q H ` Eta 33 F m � i`L1�Iji y z 6- �aS`p W .. O� m I 'a °z� li CLS. O � O p n c oF1O I O J m � • - C'IN O m a � < 0 LEE a (W) »'SU 3_lS_6S.6BN_- __ram lviii— __ -___ _ Q <i ig e dos b CH .b.. b YmiH s M55 �gOm 29 i1O�ia ci Gry vi 6 J y ZIP yz+M'g Wx.Enb�e o Zz p f l < • L® ^�'mY31 1 r O p I OZ 8 „ n Hnp p �— pti� JaJO p G G eg`h 0 t) ,90162 M,LS6 I J J p�ul0'�<Y6 U 3 J U nu�l6 ^ m< n 7 0 �^ m 1 d p 1 0 II 1 p®6G SHl V A LLD � $CTl NK A .LLNIIO9 X�zj I OQ I UV wW myswws iU I U> `m I m> I m UO Um yz n. I wou A31DoW EXHIBIT B 1 GRAPHIC SCALE f urar� IR• tl M1 00""4, aM r �I(OO�hO�ln(:S CKSOC�OI2S fr t �{fyy�UN EXHIBIT B 2 (t .[CO AAWYAf?v rA SUBURBAN ROAD " S AI i L I A1� I i 1 I I 1 I I r I I I b I O Iml V NI N I I m , 4 r\r m m W� co nm rr X ,1 +g D Cfi RM�[�RWD� Z 1y i m Z .� =I D m on 0, 2 E2 n 0 � 5 la I Y I � N I on 6 wl lNOi 001w0 S �Y�••��1J�•AM •a1ceSo YRtt L!!♦J.Ll1� 000Hn 0[' W6 OB6P0 L ®..��1 •� i �o A I � " I 0 . �.E I I �QSR ND Q ;0 I I I oo >� �-u I' mob_ r m N I m' c CO i za - Y_ n {I!g r r N 1 .cam ^y 3 >n 45! zo g° 500m5• 30'E 660.26' (RI) RAP. CA P b$3 sn..o .zC o p s_ Piz A; Br ;L j N00'08'50'w 660.26• (Ri) s, R Q. =� I0' r III � a Y C 07 I A 0 ® Z _ I M EXHIBIT B 3 (i PACIRC BELL ANNEXATION CITY OF SAN LUIS OBISPO ANNEXATION Legal Description All that parcel of land in the County of San Luis Obispo, State of California described as follows:. Beginning at a point on the existing city limit boundary at the northwest comer of Lot 6 as designated on that map entitled, " Map of the subdivision of Lots 24- 26-31, the North half of Lots 18- 23 -30, and the South portion of Lot 17 of the Harford and Chapman Subdivision, in Township 31 South, Range 12 East, Mount Diablo Base and Meridian", being a map of that tract of land commonly referred to as the " Vachell Tract ", filed at the request of A.H. & G.C. Vachell on February 6, 1893 in Book 1, at Page 4 of Licensed Surveys in the office of the Recorder for said county, thence, along the existing city limit boundary and the westerly line of said Lot 6, S 00 °19'30" E, 1012.36 feet to the southwest comer thereof and the northwest corner of Lot 25, being the centerline of that 50.00 foot wide road (Suburban Road) as designated on said map of the Vachell Tract; thence, continue along the existing city limit boundary, along the west line of said Lot 25, southerly, 25.00 feet to the south line of said 50.00 foot wide road (Suburban Road); thence, leaving the existing city limit boundary, along the southerly line of said 50.00 foot wide road (Suburban Road), N 89 051'21" E, 323.88 feet to the easterly line of Lot 25 as designated on said map of the Vachell Tract; thence, along the east line of said Lot 25, northerly, 25.00 to the northeast comer of said Lot 25 and the southeast comer of Lot 6, being on the centerline of said 50.00 foot wide road (Suburban Road) as designated on said map of the Vachell Tract; thence, along the easterly line of said Lot 6, N 00 014'12" W, 537.23 feet, to the north east comer of that parcel of land conveyed to Pacific Telephone & Telegraph Company by Grant Deed filed as Doc. No. 51416, recorded October 31, 1978, filed in Volume 2110, Page 412 of official records, in the office of the Recorder for said county, thence, leaving the easterly line of said Lot 6, along the northerly boundary of said parcel of land conveyed to the Pacific Telephone & Telegraph Company, S 89 °51'21" W, 294.75 feet to a point that lies 30.00 feet easterly of the westerly line said Lot 6; thence, parallel with and 30.00 feet easterly of the westerly line of said Lot 6, N 00 019'30" W, 450.06 feet, to the north line of said Lot 6, being the southerly line of that 20.00 foot wide road (Tank Farm Road) designated on that map 'entitled, "Map of the Subdivision of the San Luis Obispo Suburban Tract", Filed at the request of J.L. Beckett on February 7, 1907 in Book 1, at Page 92 of Licensed Surveys in the office of the Recorder for said county, EXHIBIT C 1 Page t of 2 C n thence, along the northerly prolongation of herein above described last course, N 00° 19' 30" W, 42.00 feet to the northerly boundary of that strip of land offered for dedication for road improvements designated according to Parcel Map No. CO- 84054, recorded October 29, 1985, filed in Book 38, Page 32 of Parcel Maps, in the office of the Recorder for said county, thence, along said northerly boundary, S 891 59' 51" W, 30.00 feet to a point on the existing city limit boundary, thence, along existing city limit boundary, S 00019'30" E, 42.00 feet to the point of beginning. Containing. 4.7 total acres. Prepared by. Date: 000iIMgp d« End Description Daniel S. Hutchinson; LS 5139 (expires 6/30/03) Page 2 of 2 2 -10 -00 AM WELDING ANNEXATION ANNEXATION TO THE CITY OF SAN LUIS OBISPO LEGAL DESCRIPTION A parcel of land in Section10, Township 31 South, Range 12 East, Mount Diablo Base and Meridian, said parcel being a portion of Lot 6 as shown on the map entitled °MAP of the Subdivision of Lots N4 24 -26 -31, North half of Lots N° 18- 23-30 and the South portion of Lot N° 17 of the Harford and Chapman Subdivision" and recorded in Book 1 of Record of Surveys at Page 4 in the Office of the County Recorder, County of San Luis Obispo, State of California, and said parcel also being a portion of Tank Farm Road as shown on Parcel Map CO-84 -054 as recorded in Book 38 of Parcel Maps at Page 32 in the Office of said County Recorder, and furthermore said parcel being more particularly described as follows COMMENCING at a point located within the existing boundary lines of the City of San Luis Obispo, said point being the intersection of the centerlines of Higuera Street and Tank Farm Road; THENCE along the centerline of said Tank Farm Road, North 89 °59'51" East, 1418.53 feet to a point on the existing boundary line of said City, said point also being the northwest comer of said Lot 6; THENCE along said City boundary line, South 00 019'30" East, 20.00 feet to the northwest comer of that property described in the deed to Pacific Telephone and Telegraph Company as recorded in Volume 2110, Page 412 of Official Records of said County; THENCE leaving said City boundary line, North 89 059'51" East, 30.00 feet to a point on the west line of the subject parcel, said point also being the TRUE POINT OF BEGINNING; THENCE along said west line, South 00 019'30" East, 430.06 feet to the southwest comer of said parcel; THENCE along the south line of said parcel, North 89 115121" East, 294.75 feet to the southeast comer of said parcel, said southeast comer also being a point on the east line of said Lot 6; THENCE along said east line and a northerly prolongation thereof, North 00 014'12" West, 491.33 feet to the northeast comer of said parcel, said northeast comer also being a point on the north line of said Tank Farm Road per said Parcel Map CO- 84 -054; Page I of 2 EXHIBIT C 2 THENCE along the north line of said parcel and said Tank Farm Road, South 89 °59'51° West, 295.51 feet; THENCE South 00 019'30" East; 62.00 feet to the TRUE POINT OF BEGINNING; CONTAINING; 3.33 acres of land, more or less. �.4Np Prepared by or under the supervision of: s * Lx 9 /so /C)l s"7rF No a« %��/ Andrew K. Holmes L.S. 4428 Lic, Exp. 9130101 11.00128 slolegals /ahsigannex.doc Page 2 of 2 o o FARM SUPPLY ANNEXATION CITY OF SAN LUIS OBISPO ANNEXATION Land Description All that parcel of land in the County of San Luis Obispo, State of California described as follows: Commencing at the northwest comer of Lot 6 as designated on. that map. entitled, "Map of the subdivision of Lots 24- 26 -31, thc.North half of Lots 18- 23 -30, an d the South portion of Lot 17 of the Harford and Chapman Subdivision, in Township 31 South, Range 12 East, Mount Diablo Base and Meridian ", being a map of that tract commonly referred to as the "Vachell Tract ", filed at the request of A.H. & G.C. Vachell on February 6, 1863 in Book 1, Page 4 of Licensed Surveys in the office of the Recorder for said county, being a point on the existing boundary of the City of San Luis Obispo; thence, along the north line of said Lot 6, N 89 056'53" E, 259.54 feet to the southwest comer of Parcel 2 of Parcel Map CO- 84-054, as filed in Book 38, Page 32 of Parcel Maps in the office of the Recorder for said county, being the True Point of Beginning; thence, along the southerly prolongation of the westerly boundary of said Parcel 2, S 00° 05' 30" E, 20.00 feet to the south line of Tank Farm Road as shown on said Parcel Map CO- 84-054; thence, along the south line of Tank Farm Road, N 89 °56'53" E, 331.70 feet to a point of intersection with the southerly prolongation of the easterly boundary of said Parcel 2; thence, leaving the southerly line of Tank Farm Road, N 00 108'50" W, 20.00 to the southeast comer of said Parcel 2; thence, along the easterly line of said Parcel 2, N 00 °08'50" W, 660.28 feet to the northeast comer of said Parcel 2; thence, along the north line of said Parcel 2, S 89 °56'53" W, 331.06 feet to the northwest corner of said Parcel 2; thence, along the west line of said Parcel 2, S 000 05' 30" E, 660.28 feet to the point of beginning. Containing: 5.2 total acres. Prepared by: Date: End Description Daniel S. Hutchinson, LS 5139 (expires 6/30/03) EXHIBIT C 3 C C RESOLUTION NO. 9032 (2000 Series) A RESOLUTION OF RECOMMENDATION BY THE SAN LUIS OBISPO CITY COUNCIL REQUESTING THAT THE LOCAL AGENCY FORMATION COMMISSION APPROVE THE ORCUTT CREEK ANNEXATION (ANNX 79 -99) WHEREAS, the Planning Commission and City Council have held hearings on the proposed annexation on March 8, 2000, and April 4, 2000, respectively; and WHEREAS, the City Council on April 4, 2000, by Resolution No. 9031 (2000 Series), approved a Negative Declaration for the proposed annexation, pursuant to the California Environmental Quality Act Guidelines Section 15090; and WHEREAS, on recommendation of the Planning Commission and as a result of its deliberations, the Council has approved an amendment of the Zoning Map by pre - zoning the annexation property to Service Commercial Planned Development (C -S -PD) and Public Facility with Specific Plan (PF -SP); and WHEREAS, City Council approval is a prerequisite for the San Luis Obispo County Local Agency Formation Commission (LAFCo) to initiate formal annexation proceedings; and WHEREAS, the territory to be annexed is not inhabited, and a description of the boundaries of the territory is set forth in attached Exhibit B; and WHEREAS, this proposal is consistent with the sphere of influence adopted by the Local Agency Formation Commission of San Luis Obispo County for the City of San Luis Obispo; BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1: Findings. 1. Annexation is appropriate since the annexation area's eastern side is contiguous with the City. 2. Annexation of the site is a logical addition to the City due to its location and availability of services. 3. The proposed annexation will promote the health, safety, and welfare of persons living or working in the vicinity of the annexation area. R 9032 Resolution No. 9032 (2000 Series) Page 2 SECTION 2: Annexation Area Described. The annexation shall consist of that area, covering approximately 9.7 acres west of Broad Street opposite the intersection with Industrial Way, as shown on the site location map attached as Exhibit A and legally described in attached Exhibit B. SECTION 3: Council Recommendation. The City Council recommends that the Local Agency Formation Commission of San Luis Obispo County approve the proposed annexation, in accordance with California Government Code Section 56844 and following. SECTION 4: Implementation. The City Clerk shall forward a copy of this resolution and pre - zoning actions, the Negative Declaration of environmental impact, and all pertinent supporting documents to the Local Agency Formation Commission. On motion of Vice Mayor Schwartz, seconded by Council Member Ewan, and on the following roll call vote:. AYES: Council Members Ewan, Romero, Vice Mayor Romero, and Mayor Settle NOES: Council Member Marx ABSENT: None The foregoing resolution was passed and adopted this 4 h day of April 2000. City Clerk Lee Price, CMC APPROVED AS TO FORM: Allen Settle ANNX 79-99 i Exhibit A Orcutt Creek Annexation n 0 500 1000 incorporated area Meters N City of San Luis Obispo Long -range Planning Division 9 February 2000 Acacia Creek S Orcutt Tank Farm Rd m LL !4 C N x\projects \com de0long range\airport\lathexhib.apr R9032 1 Exhibit B LEGAL DESCRIPTION Orcutt Creek Annexation to the City of San Luis Obispo Being a portion of lots 84 and 85 of the San Luis Obispo Suburban Tract as recorded in Book 1 at Page 92 of Records of Survey in the County Recorder's office in the County of San Luis Obispo, State of California, more particularly described as follows: Beginning at the Northwest corner of Lot 83 of said Suburban Tract; thence N66 °30' 18 "E along the southerly line of said Lot 84 a distance of 704.20 feet to its intersection with the westerly right -of -way line of Broad Street, also being State Highway 227; thence northerly along said westerly right -of -way line N24 °00'00 "W a distance of 177.96 feet; thence northerly along a tangent curve, concave to the east, having a radius of 7,055.00 feet and a central angle of 03 °25'55" an arc distance of 422.58 feet; thence leaving said right -of -way line S23°29'42''W a distance of 711.32 feet; thence S663 1'42"E a distance of 600.38 feet to the Point of Beginning. Containing 9.75 acres. R 9032 O Gam) 2 N C1 C RESOLUTION NO. 9031 (2000 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR THE ORCUTT CREEK ANNEXATION, PRE - ZONING, AND DEVELOPMENT PLAN (ER 79 -99) WHEREAS, the City Council conducted a public hearing on April 4, 2000, 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 considered the draft Negative Declaration of environmental impact as prepared by staff and reviewed by the Planning Commission. NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Determination. The City Council finds and determines that the project's Negative Declaration and Addendum adequately address the potential environmental impacts of the project, and reflect the independent judgment of the City Council. The Council determines that the annexation, zoning, and development plan will have no significant effects on the environment. The Council hereby adopts said Negative Declaration. SECTION 2. Mitigation, Monitoring, and Record of Approval. The Negative Declaration is based on mitigation measures and monitoring actions described in the Initial Study and agreed to by the project applicant. The Initial Study, an Initial Study Addendum describing changes to the project after submittal, the applicant's statement accepting mitigation measures, and the record of project approval are available for public review at the Community Development Department in City Hall, 990 Palm Street, San Luis Obispo, California. On motion of Vice Mayor Schwartz, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Romero, Vice Mayor Schwartz, NOES: Council Member Marx ABSENT: None R 9031 C Resolution No. Page 2 The foregoing resolution was adopted this 4`s day of April 2000. Mayor Allen K. Settle ATTEST: City Clerk Lee Price, CMC AS TO FORM: ciV� O C C RESOLUTION NO. 9030 (2000 Series) A RESOLUTION OF RECOMMENDATION BY THE SAN LUIS OBISPO CITY COUNCIL REQUESTING THAT THE LOCAL AGENCY FORMATION COMMISSION APPROVE THE ACACIA CREEK ANNEXATION (ANNX 177 -99) WHEREAS, the Planning Commission and City Council have held hearings on the proposed annexation on November 3, 1999, and April 4, 2000, respectively; and WHEREAS, the City Council on April 4, 2000, by Resolution No. 9029 (2000 Series), approved a Negative Declaration for the proposed annexation, pursuant to the California Environmental Quality Act Guidelines Section 15090; and WHEREAS, on recommendation of the Planning Commission and as a result of its deliberations, the Council has approved an amendment of'the Zoning Map by pre - zoning the annexation property to 'Conservation/Open Space with minimum parcel sizes of 25 acres (C /OS- 25); and WHEREAS, City Council approval is a prerequisite for the San Luis Obispo County Local Agency Formation Commission (LAFCo) to initiate formal annexation proceedings; and WHEREAS, the territory to be annexed is not inhabited, and a description of the boundaries of the territory is set forth in attached Exhibit B; and WHEREAS, this proposal is consistent with the sphere of influence adopted by the Local Agency Formation Commission of San Luis Obispo County for the City of San Luis Obispo; BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1: Findings. 1. Annexation is appropriate since the annexation area's eastern side is contiguous with the City. 2. Annexation of the site is a logical addition to the City due to its location and availability of services. 3. The proposed annexation will promote the health, safety, and welfare of persons living or working in the vicinity of the annexation area. R 9030 1 rte\ Resolution No. 9303 (2000 Series) Page 2 SECTION 2: Annexation Area Described. The annexation shall consist of that area, covering approximately 23.5 acres west of Broad Street and northerly from the intersection with Industrial Way, as shown on the site location map attached as Exhibit A and legally described in attached Exhibit B. SECTION 3: Council Recommendation. The City Council recommends that the Local Agency Formation Commission of San Luis Obispo County approve the proposed annexation, in accordance with California Government Code Section 56844 and following. SECTION 4: Implementation. The City Clerk shall forward a copy of this resolution and pre - zoning actions, the Negative Declaration of environmental impact, and all pertinent supporting documents to the Local Agency Formation Commission. On motion of Council Member Romero, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Marx, Romero, Vice Mayor Schwartz, and Mayor Settle NOES: None ABSENT: None The foregoing resolution was passed and adopted this 4`h day of April 2000. City Clerk Lee Price, CMC APPROVED AS TO FORM: /�. ?. Exhibit A Acacia Creek Annexation ANNX 177 -99 incorporated area Meters 0 — 500 1000 O I A City of San Luis Obispo Long -range Planning Division 9 February 2000 Acacia Creek Site orcutt Tank Farm Rd m LL m .. c R N orcutt x\projects \corn dev \long range planning\masp\sportsexhib.apr Q N R 9030 Resolution No. 9303 (2000 Series) Page 4 Exhibit B LEGAL DESCRIPTION Acacia Creek Annexation to the City of San Luis Obispo Being a portion of Lots 86 and 87 of the San Luis Obispo Suburban Tract as recorded in Book 1 at Page 92 of Records of Survey in the County Recorder's office in the County of San Luis Obispo, State of California, more particularly described as follows: Beginning at the Northwest corner of Lot 85 of said Suburban Tract; thence N66 043'40 "E along the southerly line of said Lot 86 a distance of 216.81 meters to its intersection with the westerly right -of -way line of Broad Street, also being State Highway 227; thence northerly along said westerly right -of -way line and the arc of a curve having a radius of 2,150.36 meters, concave easterly, whose radius point bears N69 °39' 17 "E, through a central angle of 03 °52'06" an arc distance of 145.18 meters; thence N16 °28'37 "W a distance of 152.93 meters; thence leaving said right -of -way line, S66°26'51 "W a distance of 90.77 meters; thence westerly along the arc of a tangent curve, concave to the southeast, having a radius of 336.00 meters and a central angle of 19 °29'52" an arc distance of 114.34 meters; thence S46 056'59 "W a distance of 162.43 meters, to a point on the westerly line of said Lot 86, said point also being on the westerly line of Section 1 of T 30 S and R 12 E; thence southerly along said westerly line S0 1 °32'45 "W a distance of 155.30 meters to the southwest corner of said Lot 86, also being the southwest corner of said Section 1; then easterly along the southerly line of said Lot 86, S88 °27' 15" E a distance of 191.32 meters to the Point of Beginning. Containing 9.52 hectares; or 23.5 acres more or less. c��' �� ,�� ���' ,� ,; RESOLUTION NO. 9029 (2000 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR THE ACACIA CREEK ANNEXATION AND PRE - ZONING (ER 177 -99) WHEREAS, the City Council conducted a public hearing on April 4, 2000, 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 considered the draft Negative Declaration of environmental impact as prepared by staff and reviewed by the Planning Commission. NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Determination. The City Council finds and determines that the project's Negative Declaration adequately addresses the potential environmental impacts of the proposed annexation and zoning, and reflects the independent judgment of the City Council. The Council determines that the annexation and zoning will have no significant effects on the environment. The Council hereby adopts said Negative Declaration. On motion of Council Member Romero, seconded by Council Member Ewan and on the following roll call vote: AYES: Council Members Ewan, Marx, Romero, Vice Mayor Schwartz, and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 4t' day of April 2000. R 9029 f Resolution No. 9029 (2000 Series) Page 2 ATTEST: City Clerk Lee Price, CMC APPROVED AS TO FORM: I pwhw ✓llrN. its ice_— I� Mayor Allen K. Settle �� � 0 0 ���� �� RESOLUTION NO. 9028 (2000 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP FOR TRACT 2294 WHEREAS, the City Council made certain findings concerning vesting Tract 2294, as stated in Resolution No. 8924 (1999 Series), and WHEREAS, the subdivider has submitted Letters of Credit in the amounts of $ 74,500 (Faithful Performance) and $ 37,250 (Labor & Materials) to guarantee installation of the subdivision improvements per approved plans and all fees have been paid, in accordance with the attached subdivision agreement, marked "Exhibit A ", and WHEREAS, the subdivider has submitted a Creek Preservation and Maintenance Agreement prescribing the respective limitations and responsibilities of the owners of the lots within the subject tract, relative to their individual responsibilities for maintenance of the creek corridor, trees and open space at the rear of each lot, and WHEREAS, the subdivider has included an offer of dedication of an easement for possible future public pedestrian and bike path purposes within Lot- 1 of Tract 2294, and WHEREAS, all other conditions required per said Resolution No. 8924 (1999 Series) have been met or guaranteed. NOW THEREFORE BE IT RESOLVED that the final map for Tract No. 2294 has been found to be in "substantial compliance" with the vesting tentative map and final map approval is hereby granted. The Mayor is hereby authorized to execute the subdivision agreement and approve the Creek Preservation and Maintenance Agreement. The offer of dedication for public pedestrian and bike path purposes is not accepted at this time. On motion of Council Member Romero, seconded by Vice Mayor Schwartz and on the following roll call vote: AYES: Council Members Ewan, Marx, Romero, Vice Mayor Schwartz, and Mayor Settle NOES: None ABSENT: None 4 Resolution No. 9028 (206._ eries) Page 2 O The foregoing Resolution was passed and adopted this 4h day of April 2000. MA ATTEST• CLERK Lee Price • •• o • to Form: F. �J z O O SUBDIVISION AGREEMENT THIS AGREEMENT is dated this day of a4=F !`g %y and between KELLY V. GEAR.HARTand BRUCE WHITE 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 2294, City of San Luis Obispo, California, as approved by the City Council on the `day of,.odc� The Subdivider desires that said Tract No. 2294 be accepted and approved as a Final Map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 17 of the San Luis Obispo Municipal 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 Subdividerdoes hereby agree to construct and install the following subdivision improvements in accordance with said subdivision regulations, and in accordance with approved plans and specifications on file in the office of the City Engineer, City of San Luis Obispo, to wit: 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 • 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 Subdividershall have an additional period of time equivalentto 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 afterthe expiration date of the agreement until completion and acceptance of all public improvements unless specifically approved by the City. The Subdivider does also agree to comply with the conditions established by the Planning Commission and /or the City Council and has paid the necessary fees as indicated on the attached Exhibits 1 and 2. The restoration.of lost section corners and retracementof 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 California. The Subdivider attaches hereto, as an integral part hereof, and as security for the 2 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 $ 74,500 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 sufficientto guarantee faithful performance by the Subdividerof 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 Subdividerfails 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 $ 5962.00 for City to inspect the installation of said subdivision improvements, and to verify that they have been completed in accordance 3 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 a part 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: • •- -• / APPROVED AS TO FORM: 414 G. Jorgensen SUBDIVIDER KELLY V. GEARHART �p BRUC W E C 4 . - . . . . 0 C) EXHIBIT 1 TRACT 2294 EL CAPITAN SUBDIVISION AGREEMENT 1. The Subdivider has deposited a monumentation 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 have been paid, in the amount of $21,564.00 (6 X $3594.00 with credit for one previous house) 3. Water and sewer impact fees will 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 safety prune and install a bridge and make provisions for the homeowners to maintain the creek, the trees along the creek, the private bridge and access facilities in' compliance with Conditions 12, 13, 14 & 15 of Council Resolution No. 8924 (1999 Series). Bonds and Guarantees: EXHIBIT 2 TRACT 2294 EL CAPITAN FEE AND BOND LIST AMOUNT Rough Grading /Erosion (NA ?) Control Faithful Performance $74,500 Labor & Materials $37,250 (50% of total cost of improvements) Monument Guarantee $1,500 Fees: Map Check Fee $1,521 FORM OF SURETY DATE RECEIVED BY: Letter of Credit 12/10/99 Letter of Credit 12/10/99 Letter of Credit 12/10/99 Plan check Fee (Str imps)$ 660 (Due for bridge etc) $3,050 Inspection Fee $5,962 ($1422+ 6.1% of $74,429) Park -in -Lieu Fee $21,564 ($3,594 X 6) Sewer Lift Station Fee $513.04 ($131.55 X 1.3 Acres) Water, Sewer and Traffic Impact Fees (Due in conjunction with Building Permits) DevRev /Tr- Ms/T2294 Subdivision Agrmt Fees Etc Paid 5 /20/99 M. B_ Paid 5/20/99 M.B. `� 0 3/17/00 30 3//177//00 4" = aI. STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO On DECEMBER 3, 1999 before me, L.NEUMEYER a Notary Public in and for said County and State, personally appeared Bruce White- personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/herttheir authorized capacity(ies) and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s), acted, executed the instrument. WITNESS my hand and official seal. Signature } S.S. 0 L. NEUNTYER -tN CUA41/I. ?25054 ="j &UC - CALIFORNIA v SAN -UIq- C�ISfO C()UJiAT Af •..(I4C19� . tiFvl ,0:it111.:X7ir_5.1UL.76.2002 (This area for official notorial seal) notryack rev. (0 10698) STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO } S.S. On DECEMBER 2, 1999 before me, L. NEUMEYER a Notary Public in and for said County and State, personally appeared KELLY V. GEARHART personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his /herttheir authorized capacity(ies) and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s). acted, executed the instrument. WITNESS my hand a�rcial seal. Signature v (This area for official notorial seal) notryack rev. (010698) L. i`.iEW111EYEn COMM. S i25Q54 SAN J i UIS 0615 ?0 COUNTY f.iv Canm. Ep,re$ JUL. 16. 2003 (This area for official notorial seal) notryack rev. (010698) N JJW N N r W 02< a a u S� Xm< m J � xea o W 3 z 1` A Mib i l . At n • N rn Y 4 d r Z �N_ _ OJ'f 135 r m TU I' �c 1 SWV1�75T 1 .a yW ............ m 0 N a Gt �AgB r U ^_ C '+ r N d Z 0+ 04 \ r z °. N r � a o� \ 7 ! N d O+ d \ c N W V Q r<4 W j >> N o =�� N r u`omom oZ��o�N I Fay w¢O mm OW¢ ozouoW !t m N ¢ N ¢ in�a v o$ js¢ 0y O N J W a F I U1024� 1 N J O Z m u O�Z" O w0uo- = mru< -. a Gt �AgB r U ^_ C '+ r N d Z 0+ 04 \ r z °. N r � a o� \ 7 ! N d O+ d \ c Doc No: 2000-011�u155 Rpz No: 00022476 Official Records ;NF -1 0.00 San Luis Obispo Co. Julie L. Rodewald Recording requested by Recorder - Mar 30 and when recorded mail to: 2000 Time: 15:45 City Clerk 990 Palm Street — ___ ; TOTAL----- 0.00 San Luis Obispo, CA 93401 RESOLUTION NO.9027 (2000 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING AND DETERMINING THAT A PORTION OF THE BUCHON STREET PUBLIC STREET RIGHT OF WAY, BETWEEN JOHNSON AVENUE AND THE UNION PACIFIC RAILROAD RIGHT OF WAY, IS UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC STREET PURPOSES AND ORDERING ITS ABANDONMENT, SUBJECT TO RESERVATION OF A PUBLIC PEDESTRIAN AND BIKEWAY EASEMENT. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. In accordance with the public hearing duly held on February 1, 2000, pursuant to Section 8300 et seq. of the California Streets and Highways Code, this Council finds and determines that the portion of public way, as described and shown on the map marked Exhibit "A ", attached hereto and incorporated herein, is not necessary for present or future public street purposes. SECTION 2. This Council hereby orders the abandonment of said right -of -way, subject to: Reservation of an easement for public pedestrian and bikeway and incidental purposes, as depicted and described on "Exhibit A ": SECTION 3. The City Clerk shall cause a certified copy of this Resolution of Abandonment, duly attested under the seal of the City, to be recorded in the Office of the San Luis Obispo County Recorder. On motion of Vice Mayor Schwartz, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Marx, Romero, Vice Mayor Schwartz, and Mayor Settle NOES: None ABSENT: None C. Resolution No. 9027 (2000 Series) Page 2 n The foregoing resolution was passed and adopted this 21S` day of March 20 0. ATTEST MAYOR Allen K. Settle ? I; CITY CLERK Lee Price APPROVED AS TO FORM: J ref y G. Jorgensen R 9027 �, -z o c a °' �5 EXHIBIT "A" SHEET 1 OF 3 LEGAL DESCRIPTON BUCHON STREET ABANDONMENT THOSE PORTIONS OF BUCHON STREET, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: PARCEL ONE: THAT PORTION OF BUCHON STREET ORDERED CLOSED BY RESOLUTION NO. 326 OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DATED JUNE 23, 1930, LYING WESTERLY OF THE EXISTING WESTERLY RIGHT OF WAY OF THE UNION PACIFIC RAILROAD (FORMERLY SOUTHERN PACIFIC RAILROAD). PARCEL TWO: COMMENCING AT THE MOST SOUTHERLY CORNER OF BLOCK 19, CENTRAL ADDITION TO THE CITY OF SAN LUIS OBISPO, ACCORDING TO THE MAP RECORDED IN BOOK A, PAGE 54 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTH 49 045'00" EAST ALONG THE NORTHWESTERLY RIGHT OF WAY LINE OF BUCHON STREET, 177.00 FEET, MORE OR LESS, TO A POINT DISTANT THEREON SOUTH 49 °45'00" WEST, 35.00 FEET FROM THE NORTHWESTERLY CORNER OF THAT PORTION OF BUCHON STREET ORDERED CLOSED BY RESOLUTION NO. 326 OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DATED JUNE 23, 1930, AND DESCRIBED AS "PARCEL ONE" ABOVE, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT OF WAY LINE AT RIGHT ANGLE SOUTH 40 015'00" EAST, 19.94 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 31.67 FEET; THENCE SOUTHEASTERLY 22.72 FEET, MORE OR LESS, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 41-06'28-, MORE OR LESS, TO A POINT ON THE WESTERLY BOUNDARY OF THAT AFOREMENTIONED CLOSED PORTION OF BUCHON STREET; THENCE ALONG SAID WESTERLY BOUNDARY NORTH 06 032'34" WEST, 49.00 FEET, MORE OR LESS, TO THE NORTHWESTERLY RIGHT OF WAY LINE OF BUCHON STREET, SAID POINT BEING THE AFOREMENTIONED NORTHWESTERLY CORNER OF THAT PORTION OF BUCHON STREET CLOSED BY RESOLUTION NO. 326; THENCE SOUTH 49 045'00" WEST ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE OF BUCHON STREET, 35.00 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 821.27 SQUARE FEET, MORE OR LESS. RESERVING THEREFROM: PARCEL THREE: THAT PORTION OF BUCHON STREET, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ORDERED CLOSED BY RESOLUTION NO. 326 OF THE COUNCIL. OF THE CITY OF SAN LUIS OBISPO DATED JUNE 23, 1930, AND LYING WESTERLY OF THE EXISTING WESTERLY RIGHT OF WAY OF THE UNION PACIFIC RAILROAD (FORMERLY SOUTHERN PACIFIC RAILROAD) AND LYING SOUTHEASTERLY OF THE LINE DESCRIBED AS FOLLOWS, TO WIT: COMMENCING AT THE MOST SOUTHERLY CORNER OF BLOCK 1.9, CENTRAL ADDITION TO THE CITY OF SAN LUIS OBISPO, ACCORDING TO MAP RECORDED IN BOOK A, PAGE 54 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; EXHBIT "A" SHEET 2 OF 3 THENCE NORTH 49 045'00" EAST ALONG THE NORTHWESTERLY RIGHT OF WAY LINE OF BUCHON STREET, 177.00 FEET, MORE OR LESS, TO A POINT DISTANT THEREON SOUTH 49 °45'00" WEST, 35.00 FEET FROM THE NORTHWESTERLY CORNER OF THE AFOREMENTIONED PORTION OF BUCHON STREET ORDERED CLOSED BY RESOLUTION NO. 326 OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO; THENCE LEAVING SAID RIGHT OF WAY LINE AT RIGHT ANGLE SOUTH 40 015'00" EAST, 19.94 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 31.67 FEET; THENCE SOUTHEASTERLY 22.72 FEET, MORE OR LESS, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 41-06'28", MORE OR LESS, TO A POINT ON THE WESTERLY BOUNDARY OF THAT AFOREMENTIONED CLOSED PORTION OF BUCHON STREET, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 49 045'00" EAST AND PARALLEL TO THE NORTHWESTERLY RIGHT OF WAY LINE OF BUCHON STREET, 9.22 FEET, MORE OR LESS, TO THE EXISTING WESTERLY RIGHT OF WAY LINE OF THE UNION PACIFIC RAILROAD (FORMERLY SOUTHERN PACIFIC RAILROAD). SAID PARCEL CONTAINS 88.72 SQUARE FEET, MORE OR LESS. THE ABOVE DESCRIBED PARCELS OF LAND ARE GRAPHICALLY SHOWN ON EXHIBIT "A ", SHEET 3 OF 3, ATTACHED HERETO AND MADE A PART HEREOF. END DESCRIPTION SURVEYOR'S STATEMENT THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF THE LAND SURVEYOR'S ACT. 03.08.20oO WM. E. TOUCHON DATE aia arnvvvr L.S. 4845 EXPIRES 09/30/2000 �a ®LANDS(y GIca, a ; * ; s L.S. 4845 `n ' Exp. 9/30 w +0, �asG 'Qtr PARCEL TWO STREET ABANDONMENT (HATCHED AREA) VUE POINT OF A IE�"I0 OF AL .0� S'LY CORNER OF BLOCK 19, CENTRAL ADDITION EXHIBIT 'A SHEET 3 OF 3 p ye V. of 1G ti ......... �j AS AY15'00' E 19.94 tk ����ti wF�tiyy q. 30' 30' W o 30' 30' POINT OF COMMENCEMENT YO Ic f0"SON .4 I1,FN9W IV .'SSEX ST.% TWIN CITIES SURVEYING 0 10' 20' 40' era m4N sma u / P a ear 777 tea¢ CA19VAM 914&1 -0777 SCALE: 1 ° = 20 FT. (&as) +a4 -9&.14 FAX (&as) 4as -a&e4 .n w4ar END OF DOCUM M' C RESOLUTION 9026 (2000 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP FOR TRACT NO. 2134 (UNIT 1) WHEREAS, the City Council made certain findings concerning Tract 2134, as contained in Resolution no. 8205 (1993 Series); and WHEREAS, Condition 2 of the aforesaid resolution requires the conditions of the planned development rezoning for this property (PD 220 -92), pursuant to Ordinance No. 1245 (1993 Series), to be conditions of development of the subject tract; and WHEREAS, all pertinent conditions of the above - mentioned resolution and ordinance have been met for this unit (Phasel) by inclusion in the improvement plans and/or a "Notice of Requirements" document, which will be recorded with the final map that discloses the development requirements to be met under building permits; and WHEREAS, Conditions 32 of Resolution no. 8205 provides for reimbursement to the subdivider for a share of the cost (2/3) of the Sacramento Drive bridge and water main crossing the bridge, and Condition 23 provides for reimbursement for any oversizing of the water main in Sacramento Dr. above that needed to serve the subject properties or 8" diameter, whichever is more; and WHEREAS, all other conditions required per the aforesaid resolution for this unit of Tract 2134 have been satisfactorily met or are guaranteed under the attached Subdivision Agreement (Exhibit A) and sureties to guarantee Faithful Performance and payment for Labor & Materials, as noted in the agreement. NOW THEREFORE, BE IT RESOLVED that final map approval is hereby granted for Tract No. 2134 (Unit 1) and the Mayor is authorized to: a) execute the Subdivision Agreement, b) accept the four offsite dedication deeds for Sacramento Drive and Open Space Easement Agreement, on behalf of the City. The deeds are to be recorded concurrently with the final map. The Director of Public Works is hereby authorized to establish final reimbursement rates for the bridge (including water main), based upon receipted bills and certified statement of cost submitted by the subdivider, upon completion and acceptance of the improvements. Payments already deposited with the City for this work, based on estimated rates, shall be paid to the subdivider, upon completion and acceptance of the work. Reimbursement for "oversizing" of the water main in Sacramento Drive, if any, shall be determined by the Utilities Director, per City Policy. R 9026 Resolution 9026 (2000eries) Page 2 On motion of Council Member Romero, seconded by Vice Mayor Schwartz and on the following roll call vote: AYES: Council Members Ewan, Marx, Romero, Vice Mayor Schwartz and Mayor Settle NOES: None ABSENT: None The foregoing Resolution was passed and adopted this 2151 day of Marc 000. /1 MAYOR Allen K. Settle ATTEST: CITY CLERK Lee Price APPROVED AS TO FORM: ;ensen 0 C`5 tho 4j C !� SUBDIVISION AGREEMENT Tract 2134 Unit 1 THIS AGREEMENT is dated this :-,I day of Mrtizc4L. 2000 by and between Ground Zero, LLC., a California Limited Liability Company 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 Califomia, a description of which is shown on the Final Map of Tract 2134 Unit 1, City of San Luis Obispo, California, as approved by the City Council on the lsr day of h1 ,,c6,; ,2000 The Subdivider desires that said Tract No. 2134 Unit 1 be accepted and approved as a Final Map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 17 of the San Luis Obispo Municipal 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 with said subdivision regulations, and in accordance with approved plans and specifications on file in the office of the City Engineer, City of San Luis Obispo, to wit: 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. �I 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 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 Subdivider does also agree to comply with the conditions established by the 0 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 California. The Subdivider attaches hereto, as an integral part hereof, and as security for the performance of this agreement, an instrument of credit or bond approved by and in favor of the City of San Luis Obispo, and conditional upon the faithful performance of this agreement. Said instrument of credit or bond is in the amount of $ 560.000.00 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 Subdivider to guarantee faithful performance, forfeited and utilize the proceeds to complete said improvements, or city may complete said improvements and- recover the full cost and expense thereof from the Subdivider or his surety. The Subdivider has deposited with the City a labor and materials bond in the amount of 50% of the above described subdivision improvements ($280,000 in accordance with State law. Said Subdivider has paid an inspection fee of $ 35,332.00 for City to inspect the installation of said subdivision improvements, and to verify that they have been completed in 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 a part 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 OB MA I_1 CITY CLERK Lee 17 IC WO KS 4DIRECT0- Michael D. McCluskey SUBDIVIDER Ground Zero, L.L.C., a C ifomia 'mite Ii i' ompany, y: Robert K. Schiebelhut anaging Me er Date: \ V r SXHIBIT 1 TRACT 2134 - Unit 1 SUBDIVISION AGREENMNT 1. The Subdivider has deposited a monumentation guarantee in the amount of $3,500.00 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. Sewer lift station fees have been paid, as listed in the attached EXHIBIT 2. 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. Traffic impact and /or mitigation fees shall be paid at time of building permits through the Community Development Department per the fee schedule in effect at that time. The off site traffic mitigation measures listed in Ordinance 1245 (1993 Series) Condition 3 shall be credited against said Traffic Impact Fees with this Unit 1 of Tract 2134. 5. The Subdivider shall install landscaping in parkway areas and riparian replacement areas and be responsible for the establishment of the landscaping for one year after acceptance of the subdivision improvements and make provisions for the adjacent property owners to maintain such landscaping. 6. The subdivider is responsible for installation of the culvert and bridge and erosion protection, (including maintenance and guarantee etc) per the plans and current edition of city standard specifications. 7. The subdivider is has acquired all necessary offsite rights - of -way acquisition per Condition 13 of Ordinance No. 1245 (1993 Series). 8. Development of this tract shall be in accordance with the Planned Development No. 220 -92, adopted per Ordinance No. 1245 (1993 Series) 9. The Subdivider has paid to the City the cost to install the final 1.5" pavement lift on Orcutt Road generally between Sacramento Drive and the Union Pacific Railroad Right of Way. The City shall install this final overlay /lift and final striping in conjunction with the proposed city project anticipated in 2001. 10. The required center median improvements shall be installed by the City as full compensation for the additional 9 ft wide right- EXHIBIT 1 TRACT 2134 - Unit 1. SUBDIVISION AGREEMENT 1. The Subdivider has deposited a monumentation guarantee in the amount of $3,500.00 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. Sewer lift station fees have been paid, as listed in the attached EXHIBIT 2. 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. Traffic impact and /or mitigation fees shall be paid at time of building permits through the Community Development Department per the fee schedule in effect at that time. The off site traffic mitigation_ measures listed in Ordinance 1245 (1993 Series). Condition 3 shall be credited against said Traffic Impact Fees with this Unit 1 of Tract 2134. 5. The Subdivider shall install landscaping in parkway areas and riparian replacement areas and be responsible for the establishment of the landscaping for one year after acceptance of the subdivision improvements and make provisions for the adjacent property owners to maintain such landscaping. 6. The subdivider is responsible for installation of the culvert and bridge and erosion protection, (including maintenance and guarantee etc) per the plans and current edition of city standard specifications. 7. The subdivider is has acquired all necessary offsite rights - of -way acquisition per Condition 13 of Ordinance No. 1245 (1993 Series). 8. Development of this tract shall be in accordance with the - Planned Development No. 220 -92, adopted per Ordinance No. 1245 (1993 Series) 9. The Subdivider has paid to the City the cost to install the final 1.5° pavement lift on Orcutt Road generally between Sacramento Drive and the Union Pacific Railroad Right of Way. The City shall install this final overlay /lift and final striping in conjunction with the proposed city project anticipated in 2001. 10. The required center median improvements shall be installed by the City as full compensation for the additional 9 ft wide right- i Exhibit 1 d Subdivision Agreement Tract 2134, Unit 1 Page Two of4ay being dedicated on the final map per conditions 6 & 7 of Resolution 8205 (1993 Series) 11. The subdivider shall be entitled to reimbursement for excessive costs incurred to install the major bridge (or free span arch),and water main within the bridge /arch limits at the southwest corner of the tract in order to extend Sacramento Drive to Orcutt Road. The reimbursement will be based on costs in excess of the developer's responsibility of 20/60 (33.33 %) of the final cost for the work, excluding base, pavement, sidewalks and railings, water main within the area of the bridge /culvert and other utilities, in accordance with provisions of Municipal Code Section 16.44.09 1. Such reimbursements shall be paid to the subdivider only when and if prorated shares are collected from the developers of new projects which benefit from this improvement, as determined by the City Engineer, and subject to an agreement, as prescribed in said regulations. 0 Bonds and Guarantees: EXHIBIT 2 TRACT 2134 Unit 1 Orcutt /Sacramento FEE AND BOND LIST AMOUNT FORM OF SURETY Faithful Performance $560,000 Bond # Labor & Materials $280,000 Bond # (50% of total cost of improvements) Monument Guarantee $3,500 CD # 1535866151 Erosion Contingency Fees: Map Check Fee Plan check Fee Inspection Fee $7,500 (Need plan) $929 $5,391 $35,332 Sewer Lift Station Fee (Tank Farm) $4,143.83 ($131.55 X 3 X 10.5 Acres) Pavement overlay fee $ la� jlDspo DATE RECEIVED BY 02/14/2000 H.B. 8/07/98 H. B. 8/07/98 H. B. 3/06 /zo�� v 3/06 /,20 Water and Sewer & Traffic Impact and /or Mitigation Fees (Due in conjunction with Building Permits) Credit for Mitigation Fees to be applied to Unit 1 only. T2134 Subdivision Agreemen i kg8 8 a p iYgo R 8 8 I ¢ 3 as a 3� oe oe ®e e 6 ,r Vii„ Aa 2d w All P �JLL� i e a y pi I,aly ••w.••,u ..�acw� t�wuroua Wzr�zt a.00tsao� �� I 8 i 9 w w F w ��i i3a ® - i RECORDING REQUESTED BY: Fidelity National Title Company Escrow No. Title Order No. 113463-DH When Recorded Mail Document and Tax Statement To: City of San Luis Obispo San Luis Obispo, Ca. 0 n EASEMENT DEED SPACE ABOVE THIS The undersigned grantorls) declares) Documentary transfer tax is $0.00 City Transfer Tax 50.00 ) computed on full value of property conveyed, or 1 computed on full value less value of liens or encumbrances remaining at time of sale, I Unincorporated Area City of San Luis Obispo FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Joanne A. Burke hereby GRANT(S) to The City of San Luis Obispo and the Public in General LW the following described real property in the City of San Luis Obispo County of San Luis Obispo, State of California: An offer for dedication for an easement for public street purposes as shown on EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF DATED: January 19, 2000 STATE OF COUNTY( If before me, personally appeared e (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)eare subscribed to the within instrument and acknowledged to me that he /they executed the same in t4fftatheir authorized capacity(ies), and that by his/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my d and officials al. Signature J nne A. Burk " .E.oa° otar a ie fvw� Cal oraf.a SAN Luis 911spe COUNTY. Dlrai itmt MAIL TAX STATEMENTS AS DIRECTED ABOVE FD -213 (Rev 9/94) GRANT DEED Exhibit "A" Legal Description A portion of the San Luis Obispo and Santa Maria Valley Railroad right -of -way in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to the Grant of Right -of -Way, filed in book "O ", page 491 of Deeds in the office of the recorder for said County, more particularly described as follows: Beginning at a brass pin in city standard monument well, at the intersection of the centerline of Sacramento Drive with the northerly boundary of Tract No..575, as shown on the map entitled "Map of Tract No. 575, Tres Hermanos Park" as filed in book 9 at page 16 of Maps in the office of the Recorder for said County, from which a brass pin in monument well at the intersection of Sacramento Drive and Via Estaban, bears South 46 Degrees 04 Minutes 41 Seconds East, 157.10 meters, and said point of beginning is accepted as being on the northeasterly prolongation of the northwesterly line of the land described in the deed to Herbert C. S. Jones, et. ux. as recorded Oct. 31, 1947, filed in book 461, at page of Official Records in the office of the recorder for said County; Thence, along said northeasterly prolongation of the northwesterly line of the land conveyed to Herbert C. S. Jones, et. ux:, North 23 Degrees 50 Minutes 19 Seconds East, 9.735 meters to a point on the northeasterly boundary of said San Luis Obispo and Santa Maria Valley Railroad right -of -way; Thence, along said northeasterly boundary of the said San Luis Obispo and Santa Maria Valley Railroad right -of -way, South 46 Degrees 04 Minutes 41 Seconds East, 5.885 meters to the said northerly boundary of Tract No. 575; Thence, along the said northerly boundary of Tract No. 575 South 59 Degrees 27 Minutes 36 Seconds West, 9.490 meters to the point of beginning. As shown on the exhibit map attached hereto and made part hereof. Containing 26.90 Square Meters /0.00269 Hectares End Description No�-eC:�AU Prepared by: George Marche cfi o S 6964 (license expiration 9/30/01) Dater F: \PROD\ 1 997\ 970938 \SUR V EY\LEGAL\LegaIBURKE.doc I ' 1 I 1 1 1 1 1 ` 1 \ \ f� \ \\ 22 OHO \\ pip F I 'I 1 PROPOSED 1 P.U.E. PER TRACT 2134 1 lG�s O� �S .op ASHMORE \\ DOC # \\ 1999 -03383 \ \ 05 .ham N� 2 THE NORTHWESTERLY LINE OF JONES' PROPERTY LINE PER 461/OR/07 ; -7 \ PROPOSED \ SACRAMENTO DRIVE RIGHT- \\ OF -WAY PER TRACT 2134 B � \ ^Mh S LOT 1 o,• TRACT N0.575 g. !!�, POB s� 6. �P pQ, C"p lb /, ` F �,5, �;l p Q\p ; ACACIA CREEK, LLC. DOC# 1997 - 024929 \ NOTE: ALL DIMENSIONS SHOWN HEREON ARE METRIC UNITS. 461/OR/07 l EXHIBIT V A PORTION OF THE SAN LUIS OBISPO AND SANTA MARIA VALLEY RAILROAD RIGHT -OF- ® ,=on WAY IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO THE GRANT OF RIGHT -OF -WAY, FILED IN BOOK 0, PAGE ASSOCIATES 491 OF DEEDS IN THE OFFICE OF THE RECORDER FOR SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: 364 Pacific Street LEGEND San Luis Obispo, CA • FOUND BRASS PIN IN MONUMENT WELL (805) 544-7407 PER 'TRACT No. 575 - CENTERLINE — -- RIGHT OF WAY PROPERTY BOUNDARY - — — — — — - EASEMENT BOUNDARY 0 5 10 1 : 300 ;0 RESOLUTION NO. 9025 (2000 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING EQUIPMENT AS SURPLUS PROPERTY WHEREAS, the City Charter requires that the Council approve the sale or disposal of surplus property with an estimated value greater than $100; and WHEREAS, the Director of Public Works, Utilities Director and Chief of Police have identified vehicles or equipment as set forth in Exhibit A which are no longer needed by the City. NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis as follows: 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 sale at public auction or by another method of disposal in accordance with the City's surplus property policy as determined by the Director of Finance to be in the best interest of the City. Upon motion of Vice Mayor Schwartz, seconded by Council Member Romero, and on the following roll call vote: AYES: Council Members Ewan, Marx, Romero, Vice Mayor Schwartz and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 215` c'° ^f "R',^" 10nn Lee Price, City Clerk APPROVED AS TO FORM: We M440r� go-�I y Attorney �R9o�S 1 ,,J � �j,4��,,e �,n � � rim �,� � r„ �,� d, ��� �1�� �,�.;L a,� ���..«. o f �� �� o EXHIBIT A Public Works Department Vehicles Year Make Model License # Vehicle I.D.# Estimated Value 1983 Toyota P/U E789246 JT4RN34R6DO073947 1,500 1996 Nissan P/U E483102 JN6ND01S4GW109916 1,500 Police Department Vehicles Year Make Model License # Vehicle I.D.# Estimated Value 1985 Nissan P/U E481931 JN6ND0259FW004379 500 1992 Chevy Caprice E363660 lGlBL5370NR139210 2,500 1992 Chevy Caprice E363661 1 G1 BL5373NR139718 2,500 1998 Ford Crown Vic E021674 2FALP71 W5XV195564 3,500 1998 Ford Crown Vic E021683 2FALP71 W2VX195554 3,500 1996 Ford Taurus E347549 1FACP52U7MG159638 1,000 1995 Kawaski M/C E03K97 JKAKZCP27SB513562 500 1991 Kawaski M/C E54K53 JKAKZCP24NB509411 1,500 1991 Kawaski M/C E54K52 JKAKZCP26NB509412 1,500 Utilities Department Vehicles Year Make Model License # Vehicle I.D.# Estimated Value Sewer Rodder NLP C11-323 750 Trash Pump NLP CA3734 500 1958 Winpower Generator NLP M- 100 -888 200 Total 21,450