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
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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:
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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:
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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 -
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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
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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:
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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.
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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
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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:
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City Attorney
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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
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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
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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.
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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
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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
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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
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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:
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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��
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R 9040
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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'.
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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:
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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;
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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:
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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
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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
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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
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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.
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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
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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
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..
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��'
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,;
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
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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.
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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
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4
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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
($131.55 X 1.3 Acres)
Water, Sewer and Traffic Impact Fees
(Due in conjunction with Building Permits)
DevRev /Tr- Ms/T2294 Subdivision Agrmt Fees Etc
Paid 5 /20/99
M. B_
Paid 5/20/99 M.B.
`� 0
3/17/00
30
3//177//00
4" = aI.
STATE OF CALIFORNIA
COUNTY OF SAN LUIS OBISPO
On DECEMBER 3, 1999 before me,
L.NEUMEYER
a Notary Public in and for said County and State, personally appeared
Bruce White-
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is /are subscribed to the
within instrument and acknowledged to me that he /she/they executed
the same in his/herttheir authorized capacity(ies) and that by
his /her /their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s), acted, executed the instrument.
WITNESS my hand and official seal.
Signature
} S.S.
0
L.
NEUNTYER
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CUA41/I. ?25054
="j &UC - CALIFORNIA v
SAN -UIq- C�ISfO C()UJiAT
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(This area for official notorial seal)
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STATE OF CALIFORNIA
COUNTY OF SAN LUIS OBISPO } S.S.
On DECEMBER 2, 1999 before me,
L. NEUMEYER
a Notary Public in and for said County and State, personally appeared
KELLY V. GEARHART
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is /are subscribed to the
within instrument and acknowledged to me that he/she/they executed
the same in his /herttheir authorized capacity(ies) and that by
his/her /their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s). acted, executed the instrument.
WITNESS my hand a�rcial seal.
Signature v
(This area for official notorial seal)
notryack rev. (010698)
L. i`.iEW111EYEn
COMM. S i25Q54
SAN J
i UIS 0615 ?0 COUNTY
f.iv Canm. Ep,re$ JUL. 16. 2003
(This area for official notorial seal)
notryack rev. (010698)
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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
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L.S. 4845 EXPIRES 09/30/2000 �a ®LANDS(y
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PARCEL TWO
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(HATCHED AREA)
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OF BLOCK 19,
CENTRAL ADDITION
EXHIBIT 'A
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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
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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
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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
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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
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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