Loading...
HomeMy WebLinkAbout9309-9322• • RESOLUTION NO. 9322 (2002 Series) RESOLUTION OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE SAN LUIS OBISPO COUNTY ASSESSOR TO ASSESS AMOUNTS DUE ON DELINQUENT SOLID WASTE COLLECTION AND DISPOSAL ACCOUNTS AS LIENS AGAINST THE PROPERTIES WHEREAS, Section 8.40.070 of the San Luis Obispo Municipal Code establishes that all developed properties in the City must use the solid waste collection and disposal service provided by the City's franchisee, that the franchisee is responsible for collecting fees for the service, and that owners of developed properties are responsible for paying for the service; and WHEREAS, Section 8.04.070 of the Municipal Code further provides a method by which, once each year, the franchisee may take actions to collect fees from the owners of developed properties involved in delinquent solid waste collection and disposal accounts; and WHEREAS, The franchisee, San Luis Garbage Company, has taken the actions required within the Municipal Code to collect fees from delinquent accounts as certified by franchisee and incorporated herein. NOW, THEREFORE, BE IT RESOLVED that the City Council of San Luis Obispo hereby authorizes the San Luis Obispo County Assessor to assess the amounts due on delinquent accounts as established and certified by the franchisee San Luis Garbage Company as liens against the developed properties listed below. Property Owner Parcel Nuriber Amouht Kathie Gilmore 001 - 221 -008 $128.00 Vicki L. Hoffner 002 - 331 -005 1 $376.00 Charles Marshall � f � 002 - 451. -005 $506.00 Charles C. Snyder ? $535.00 __________j!__002-506-001 Jerry C. Holland Tie Etal 002 - 507 -006 $245.00 Joseph Pearce 003- 616 -004 $162.00 Skene Moody 003 - 687 -071 $328.00 McNamara Realty _ 003- 739 -018 i $415.00 Anne W. & Donald A. Kerns 053- 115 -029 $66.00 Lim Beng G & Kim BT 053 - 183 -023 $123.00 GaryCully 053 - 245 -001 $401.00 ,Georgina G. Walters ; 053 - 300 -020 $195.00 R 9322 • • Resolution No. 9322 (2002 Series) Page 2 Upon motion of Council Member,Mulholland seconded by Council Member Ewan and on the following roll call vote: AYES: Council Members Ewan, Mulholland, Schwartz, Vice Mayor Marx and Mayor Settle NOES: None ABSENT: None The foregoing resolutions adopted this 18`h day of June 2002 v � City Clerk Lee Price Ma&Allen Settle APPROVED AS TO FORM: Sn City Attorney Jeff Jorgensen • • RESOLUTION NO. 9321 (2002 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING THE PENALTIES FOR TWO PARKING VIOLATIONS WHEREAS, State law provides, in Vehicle Code Section 40203.5, that cities establish the amount of parking penalties, fees, and surcharges; and WHEREAS, State law and the issuing agencies authorize the adoption of uniform fees, penalties, collection, adjudication process, authority to issue parking citations for California Vehicle Code and local regulations, and to establish a compliance program for parking citation processing; and WHEREAS, the City desires that its penalties for parking violations be consistent as much as possible with the county -wide bail schedule for similar penalties in other jurisdictions; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The penalty for violation of California Vehicle Code Section 22500.1 (Stopping/Standing/Parking: Fire Lane) previously approved in Resolution No. 9301 (2002) shall be increased from $75 to $103. SECTION 2. The penalty for violation of California Vehicle Code Section 22514 (Fire Hydrants) previously approved in Resolution No. 9301 (2002) shall be increased from $20 to $50. vote: Upon motion of Mayor Settle, seconded by Vice Mayor Marx andon the following roll call AYES: Council Member Schwartz, Vice Mayor Marx, and Mayor Settle NOES: Council Member Mulholland ABSENT: Council Member Ewan The foregoing resolution was passed and adopted this 4's day of June 2002. A City Clerk Allen Settle R 9321 E • • RESOLUTION NO. 9320 (2002 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE TENTATIVE MAP FOR MINOR SUBDIVISION LOCATED AT 497 ISLAY STREET MS 34 -02 (SLO 02 -0083) WHEREAS, the City Council conducted a public hearing on June 4, 2002 and has considered testimony of interested parties and the evaluation and recommendation of staff; and WHEREAS, minor subdivisions with requests for exceptions require City. Council review and approval; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Review. The City Council finds and determines that the although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to the earlier NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. (ER 155 -93 attached hereto as Exhibit A.) SECTION 2. Findings. That this Council, after consideration of a request to subdivide one lot into two with an exception to the subdivision ordinance regarding lot width and to the zoning ordinance regarding sideyard setback, and after consideration of staff recommendations, public testimony, and reports thereof, makes the following findings: Minor Subdivision The tentative map is consistent with applicable general and specific plans in that the general plan and its policies call for compact urban form and infill which this map provides consistent with the existing neighborhood. 2. The design of the proposed subdivision is consistent with applicable general and specific plans in that the proposed land division would result in a lot size more typical of a Medium Density Residential neighborhood, this MD Residential neighborhood specifically, and promote more compact development consistent with both the general plan and the existing neighborhood. R 9320 Resolution No. 9320 (2002 Series) Page 2 3. The site is physically suited for the type and density of development allowed in the R -2 zone and MD designation in that the proposed lots meet minimum size requirements as required within the R -2 district, the map creates lot sizes more typical of an R -2 neighborhood and consistency with the dominant lotting pattern in this neighborhood, and project conditions will require architectural review for new development to ensure architectural compatibility of any new residence(s). 4. The design of the tentative map and the proposed improvements are not likely to cause serious public health problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat in that the site is already mostly developed and surrounded by urban development, and the project does not contain sensitive habitat, involve tree removal, or interfere with creeks or wetlands. 5. The design of the subdivision will not conflict with easements for access through (or use of property within) the proposed subdivision in that existing public access (sidewalks and streets) fronts all properties in this neighborhood. Exceptions 6. The property to be divided is of such shape that it is undesirable, in this particular case, to conform to the strict application of the subdivision and zoning regulations because to do so would interrupt the pattern of lot design in this historical neighborhood. 7. The cost to the subdivider of strict or literal compliance with the subdivision and zoning regulations is not the sole reason for granting exceptions to the lot width and yard standards in that the cost would be not greater, but the result would be interruption to the predominant lotting pattern of the neighborhood. 8. The lot width and yard exceptions will not be detrimental to the public health, safety and welfare, or be injurious to other properties in the vicinity in that the proposed lots are consistent with the design of other properties in the neighborhood, the proposed 4 -foot sideyard setback for the shop building is an interim condition and an existing condition in relation to the buildings on Parcel 1, and the 5 -foot sideyard setback for the Vollmer house is consistent with setbacks in older neighborhoods such as this. 9. Granting exceptions to lot width and yard standards is in accord with the intent and purposes of these regulations, and is consistent with the general plan and with all applicable specific plans or other plans of the city in that it does not grant special privileges or modify allowable land uses within the existing R -2 district. 0 0 Resolution No. 9320 (2002 Series) Page 3 SECTION 3. Approval. The request for approval of the minor subdivision to allow parcelization of one lot to two with an exception to the Subdivision Ordinance §16.36.160 and Zoning Ordinance Chapter 17.16, for property at 497 Islay, is hereby approved subject to the following conditions: Conditions:. 1. Approval of this Tentative Tract Map shall be valid for two years after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 2. A final map, drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein, shall be submitted.for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 3. The subdivider shall dedicate a 2m wide public utility easement across the frontage of each lot. Said easement shall be adjacent to and contiguous with all public right -of -way lines bordering each lot. 4. The subdivider shall dedicate a3m wide street tree easement across the frontage of each lot. Said easement shall be adjacent to and contiguous with all public right -of -way lines bordering each lot. 5. A public pedestrian easement may be necessary to accommodate improvements required for Americans with Disabilities Act (ADA) compliance, to the satisfaction of the Public Works Director. 6. The existing driveway approach along Beach shall be upgraded as necessary to provide disabled access behind the ramp per the Americans with Disabilities Act (ADA) and city standards to the approval of the Public Works Director. 7. The "shop" building should be labeled as a garage or garage /shop so that it is not mistaken for a non - residential use. 8. All utility laterals serving the building shall be traced to ensure that they are not originating from the adjacent property. If they are to remain, then they shall be relocated within the new property lines. This includes any sewer, water, gas, electric and communication lines. This shall be completed and verified by City staff prior to recording the new lot line. 9. The subdivider shall install new curb, gutter and sidewalk as necessary to the satisfaction of the Public Works Director; new driveway shall be designed to meet ADA standards in regards to sidewalk. Resolution No. 9320 (2002 Series) Page 4 10. Each parcel shall have its own separate water and wastewater service laterals. 11. Existing water and sewer services shall be properly relocated and resized, if necessary, to ensure that each parcel is appropriately served in accordance with City standards. 12. City standards do not allow PVC for water services as is the specification shown on the parcel map. This note shall be changed to reflect 1" polyethylene (PE) or 1" type K soft copper for the new water service. The owner may wish to consult a Fire Sprinkler Engineer to determine whether 1" polyethylene will be adequate to serve the fire sprinklers on any new dwellings that may be proposed for the site (Polyethylene has a smaller internal diameter than copper, which reduces the flow capacity of the service). 13. All trees shall be retained and protected unless permitted for removal by the Community Development Department and approved by the City Arborist. 14. Street trees are required to the satisfaction of.the City Arborist. 15. Parcel 2 shall be designated a "sensitive" site to reflect its proximity and resultant development sensitivities to the Vollmer house at 497 Islay Street. Code Requirements: 1. Each parcel shall be served with separate utilities (water, sewer, gas, electricity, telephone & cable TV), to the satisfaction of the Director of Public Works. Utilities to new residences shall be underground. 2. Street trees shall be planted prior to recordation of the final map, to the satisfaction of the City Arborist. 3. Development of Parcel 2 shall be subject to development impact fees for parks and recreation purposes (QUDABY Act) and Traffic Impact Fees as required by City Ordinance. 4. The final map, public improvement plans and specifications shall use the International System of Units (metric system). The English System of Units may be used on the final map where necessary (e.g. - all record data shall be entered on the map in the record units, metric translations should be in parenthesis), to the approval of the City Engineer. 5. The map shall be tied to at least two points of the City's horizontal control network, California State Plane Coordinate System, Zone 5 (1991.35 epoch adjustment of the North American Datum of 1983 also referred to as "NAD 83" - meters) for direct import into the Geographic Information System (GIS) database. Submit this data either via email, CD or a 3 -1/2" floppy disc containing the appropriate data for use with AutoCAD, version 2000 or earlier (model • •. Resolution No. 9320 (2002 Series) Page 5 space in real world coordinates, NAD 83 - m). If you have any questions regarding format, please call prior to submitting electronic data. On motion of Vice Mayor Marx, seconded by Council Member Schwartz, and on the following roll call vote: AYES: Council Member Schwartz, Vice Mayor Marx, Mayor Settle NOES: Council Member Mulholland ABSENT: Council Member Ewan The foregoing resolution was adopted this 4`s day of June 2002_ City APPROVED AS TO FORM: prAtto y lnvironmental f rgensen Exhibit Ac Review 155 -93 Exhibit B: Tentative Parcel Map SLO -02 -0083, 497 Islay Street H O I I-. W O ti • Resolution No. 9320 F. Page 1 cr) e� CL Z CO < I 8g I 9Y0(. A] .0040AS N \ Q � 3 i 1? 0E mw. am w .0040 , is S mw in ..IAm 1L0tt�0 � � 6 C I I Qq 0 �. •; Resolution No. 9320 (2002 Series) Exhibit B Pa elof5 city of San LUIS OBISPO g INITIAL STUDY OF ENVIRONMENTAL IMPACT SITE LOCATION 497 Islay Street APPLICATION NO. £'0-165-?J PROJECT DESCRIPTION Parcel map to divide one residential lot into two Knorr APPLICANT STAFF RECOMMENDATION: X _ NEGATIVE DECLARATION EXPANDED INITIAL STUDY REQUIRED PREPARED BY Judith Lautner, Associate COMMUNITY DEVELOPMENT DIRECTOR'S ACTION: X MITIGATION INCLUDED ENVIRONMENTAL IMPACT REPORT REQUIRED DATE Dec. 10, 1993 DATE IS 53 SUMMARY OF INITIAL STUDY FINDINGS I. DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING II. POTENTIAL IMPACT REVIEW POSSIBLE ADVERSE EFFECTS A. COMMUNITY PLANS AND GOALS . ............................... YES* B. POPULATION DISTRIBUTION AND GROWTH ................ NONE C. LAND USE ....................... .. ............ ... NONE D. TRANSPORTATION AND CIRCULATION .. ............................... ............... NONE* NONE E. PUBLIC SERVICES ................................. ............................... NONE F. UTILITIES .......................................... ............................... NONE G. NOISE LEVELS .................................... ............................... NONE H. GEOLOGIC & SEISMIC HAZARDS & TOPOGRAPHIC MODIFICATIONS ..................... NONE I. AIR QUALITY AND WIND CONDITIONS ................................................. NONE J. SURFACE WATER FLOW AND QUALITY .... ............................... NONE K. PLANT LIFE ..... ............._................. .. .. ............................... NONE L. ANIMAL LIFE ............................... ....... ............................... ... NONE M. ARCHAEOLOGICAL /HISTORICAL ...................... ............................... NONE N. AESTHETIC .............. ........................ : ........................ ........ NONE* O. ENERGYIRESOURCE USE ......................... ................................. NONE P. OTHER .................................................. ..................._...._.....— KVWf ffFBVffX RTION, WITH MITIGATION SEE ATTACHED REPORT 5885 Resolution No. 9320 (2002 Series) Exhibit B Page 2of5 ER 155 -93 Environmental Initial Study Division of one lot into two 497 Islay Street DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING The project is the division of one 0.34 -acre lot into two lots, each approximately 7,500 square feet in size, including exceptions to lot width and sideyards. The site is a rectangular, essentially flat lot on the southerly corner of Islay and Beach Streets. A large house, shop building, and two sheds currently exist on the site. The proposal includes removal of one of the sheds and retention of the remaining buildings. Five trees live on the site, the largest of which has a 24" diameter. All trees are to remain. The two -story house, which is not currently occupied and is in a deteriorated condition, is on the City's list of historical resources. It is considered not eligible for the National Register, but locally significant. The shop, built of concrete block, has apparently been used for carpentry and other purposes over the years. It is currently used for storage only. The neighborhood contains other significant buildings, most notably the Sandercock home (currently Farmer residence) at 535 Islay, across the street, and 'the Walters home (currently Osborne) at 461 Islay. These two homes sit on large lots. This medium - density neighborhood contains a mix of single - family homes and apartments. POTENTIAL- IMPACTS community plans and goals General plan: The project would create two lots from one. Residential development at a medium - density level would continue to be allowed. The lot sizes would be similar to many others in the vicinity, and therefore would not represent a new pattern of development. Conclusion: Impacts will be less than significant. Zoning regulations: The lot currently contains a driveway and parking area, which serves the house. The lot division would result in the driveway and house being on separate lots. Therefore, parking would no longer be available for the house. The zoning regulations call for the maintenance of required parking spaces. When required spaces are removed, they must be replaced. Conclusion: Impact on parking for the house would `.be significant. • ER 155 -93 497 Islay Street Page 2 9 Resolution No. 9320 (2002 Series) Exhibit B Page 3 of 5 Recommended mitigation: A driveway and parking area must be provided for the house on the new lot. Subdivision and zoning regulations: The request includes exceptions to the subdivision and zoning regulations standards. The subdivision regulations say that lots in the R -2 zone are required to be 60' wide, and corner lots 70' wide. The proposed lots are each about 50' wide. Therefore an exception to the lot width standard is needed. The subdivision standards say that subdivision designs must be consistent with the zoning regulations. The lot design creates a sideyard that is less than that required by the zoning regulations. In the R -2 zone, yards vary with the height of the building wall. Walls that are no higher than twelve feet are required to have five -foot yards. Higher walls require larger yards. The proposed southwesterly yard for the existing house is five feet. The exact height of the wall in that location is not known, but is estimated to be about 20'. A wall 20' high requires a sideyard of 8.5'. Therefore, a sideyard exception is needed. The City Council acts on subdivision exceptions, as part of its action on the subdivision itself. To approve an exception, the city council must make all of the following findings: 1. The property to be divided is of such size or shape, or is affected by such topographic conditions, that it is impossible, impractical, or undesirable, in the particular case, to conform to the strict application of the regulations codified in this title. 2. The cost to the subdivider of strict or literal compliance with the regulations is not the sole reason for granting the modification. 3. The modification will not be detrimental to the public health, safety and welfare, or be injurious to other properties in the vicinity. 4. Granting the modification is in accord with the intent and purposes of these regulations,. and is consistent with the general plan and with all applicable specific plans or other plans of the city. It appears that these findings can be made in this case. If they cannot, then the subdivision must not be approved. Conclusion: May be significant. Resolution No. 9320 (2002 Series) Exhibit B Page 4 of 5 ER 155 -93 497 Islay Street Page 3 Recommended mitigation: The City exceptions with the required modifications that eliminate the deny the subdivision. Land use Council must 1) approve the findings, 2) require . need for exceptions, or 3) The lot division would not result in a new type of land use-for the area. Conclusion: Impacts will be less than significant. Transportation and circulation. The project would not result in additional traffic in the area, beyond what may result from the existing lot configuration. An additional driveway will be required to be installed on Beach Street, to serve the house. This driveway will need to be located toward the center of that block, and should not cause any visibility problems for drivers or pedestrians in the area. Conclusion: Impacts will be less than significant. Eneigy or-resource use. Water: The project is not expected to generate additional water use. However, additional development, or conversion of existing development, would likely increase the water use on the site. The City's Water Allocation Regulations allow water to be allocated to new development only when such water allocation does not affect the city's supply. This can happen only if the new use replaces a similar use of a similar size, or if water is provided by some other means to replace that used. One method, allowed by the regulations, to obtain additional water is to retrofit existing plumbing fixtures. The City allows a developer to replace fixtures to save approximately twice as much water as the new development is expected to use. With these regulations in force, water allocated to new development will not have a detrimental effect on the available supply. In any case, additional development is possible with or without the land division. Conclusion: Not significant. E ER 155 -93 497 Islay Street Page 4 STAFF RECOMMENDATION Resolution No. 9320 (2002 Series) Exhibit B Page 5 of 5 Grant a negative declaration of environmental impact, with the following mitigation: 1. A driveway and parking area must be provided for the house on the new lot. 2. The City Council must 1) approve the exceptions with the required findings, 2) require modifications that eliminate the need for exceptions, or 3) deny the subdivision. i • 0 • 0 RESOLUTION NO.. 9319 (2002 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING BYLAWS FOR THE ARCHITECTURAL REVIEW COMMISSION NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain Exhibit "A ", entitled "Architectural Review Commission Bylaws," attached hereto and incorporated herein by this reference is approved and adopted. On motion of Council Member Schwartz, seconded by Vice Mayor Marx and on the following roll call vote: AYES: Council Member Mulholland, Schwartz, Vice Mayor Marx and Mayor Settle NOES: None ABSENT: Council Member Ewan The foregoing resolution was passed and adopted this 4`h day of June 2002. ATTES Lee Price, City Clerk APPROVED AS TO FORM: -F , . ayor Allen Settle 1 sxie9 EXHIBIT A Architectural Review Commission By -laws Meetings A. Regular meetings shall be held at 5:00 p.m. on the first and third Monday of each month. B. Agenda items shall be completed by 9:00 p.m. unless the consent of a majority of commissioners agree to extend the meeting. C. Regular meetings shall be held in the Council Hearing Room, City Hall, 990 Palm Street, San Luis Obispo, California. D. In the event that the Architectural Review Commission desires to hold all or any portion of a regular meeting at a place other than the City Hall, then the place of such meeting shall be posted on at the doors of the Council Hearing Room prior to the time designated for the meeting. 2. Election of Officers A. The commission shall select a chairman and vice chairman from among its members to serve for a one -year term beginning April 1st of each year. B. Commissioners shall serve as Chairman or Vice - Chairman at the discretion of the Commission. C. The chairman shall preside at all meetings of the commission. The vice chairman is chairman in the absence of the chairman or in case of inability of the chairman to act. 3. Conduct of Meetings A. Commissioners should address questions through the chairperson. B. Members of the audience should address commissioners or other persons present through the chairperson. C. Procedure for reviewing public hearing items: After roll call the chairperson shall announce to the public the procedures to be followed to consider the public hearing items and then proceed as follows: 1. The Chairperson shall introduce the items and ask for oral staff reports. 2. The staff report previously submitted to the Architectural Review Commission shall be placed into the record with all communications received regarding the proposal. Staff reports shall be submitted for all public hearing items in a form acceptable to the Commission. 3. The applicant shall be invited to make a presentation on behalf of the request. 4. Members of the public wishing to speak in favor or in opposition of the application shall be invited to make a presentation. 5. The public hearing shall be closed to the public and discussion confined to members of the commission; provided that the 0 • EXHIBIT A commission may reopen the public hearing at any time prior to a decision on an item on an affirmative vote if the majority of those members present. 6. The Commission, upon formal motion, shall take action on the proposal. The Chairperson shall inform the applicant and public of the right of appeal and procedures for filing such an appeal. 4. Quorum A. Four members of the commission constitutes a quorum for the transaction of business, but a lesser number may adjourn from time to time and continue the consideration of pending business. B. No approval or other action of the commission shall become effective without receiving the affirmative vote of a majority of the members present. 5. Voting A. Except as otherwise provided in the San Luis Obispo Municipal Code and state law, no motion or any other action shall be passed or become effective without receiving the affirmative vote of at least a majority of members present. B. Failure to receive such an affirmative vote shall result in failure or denial, as appropriate, of the motion or other action. C. Except as allowed under the Political Reform Action of 1974, any member abstaining due to a declared conflict of interest shall not participate in the discussion of the items or otherwise influence or attempt to influence in any manner the decision on the item. D. All members, when present, must vote except when refraining from participating due to a potential conflict of interest. 6. Public Records A. Records of all public hearings shall be made available to the public in the office of the Community Development Department. B. Secretary — Duties: The secretary shall be a representative of the community development department, and shall keep minutes of each meeting and shall record the official action taken. The records of all proceedings and the basis for all findings shall be available to the council and to the public. 7. Attendance A. Any member of the Architectural Review Commission who fails, for any reason, to attend three (3) consecutive regular, adjourned regular, or specially- scheduled (excluding Commission site visits) meetings, or a total of six (6) such Commission meetings within any 12 month period, shall be reviewed by the Chairperson for possible referral to the City Council. 11 • EXHIBIT A Filling vacancies and removal of members. A. Vacancies shall be filled for unexpired. terms. The council, by majority action, may remove any commissioner as provided in the City Charter. 9. Rules, regulations and procedures. A. The commission may adopt rules, regulations and procedures as required for the transaction of its business. These rules shall become effective upon approval of the Council. • i RESOLUTION NO. 9318 (2002 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REDUCING CITY -WIDE WATER IMPACT FEES WHEREAS, chapter 4.20.140 of the City of San Luis Obispo Municipal Code establishes water impact fees, and provides for the setting of fee amounts and other matters by resolution of the Council; and WHEREAS, on April 16,•2002 the Council approved updated water impact fees effective July 1, 2002 based on master plan for improvements to the City's water treatment and distribution systems; updated cost analysis for water supply improvements based on current water planning policies; and related cost studies identifying appropriate impact fees based on these improvements; and WHEREAS, on May 14, 2002 the Council directed staff to initiate an amendment to the Water Element of the General Plan to eliminate the goal of developing 2,000 acre feet of safe annual yield from new water supplies as a reliability reserve, and to reduce the water impact fees adopted on April 16, 2002 in an amount that reflects this prospective revision in the Water Element goals. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. FINDINGS a. The purpose of water impact fees is to protect the public health, safety and general welfare by providing adequate water supply, treatment and distribution facilities to satisfy the needs of new development and to mitigate the impacts of new development on the City's water facilities and improvements. b. The water impact fees collected pursuant to this resolution shall be used only to pay for facilities and improvements identified in the impact fee analysis and shall not be in lieu of any other fee or tax as may be required. C. There is a reasonable relationship between the types of development on which the impact fees are imposed and the use of the impact fees and the need for the facilities and improvements. All new development requires adequate water supply, treatment and distribution facilities to protect the public health and safety. d. There is a reasonable relationship between the amount of the fee and the cost of the facilities and improvements attributable to the developments on which the fees are imposed. The estimated costs of facilities and improvements, including financing costs, to be paid for by water impact fees are shown in the February 25, 2002, Water and Wastewater AB 1600 Fee Study Update report prepared by David Taussig and Associates, Inc., and the March 12, 2002, Water Development Impact Fees report prepared by the City of San Luis Obispo Finance Department. The costs have been allocated to new development on the basis of residential R9318 • • Resolution No. 9318 (2002 Series) Page 2 dwelling unit type or water meter size, which are reasonably related to the water facility capacity consumed by a development project. e. The Water Development Impact Fees study prepared by the City of San Luis Obispo Finance Department on March 12, 2002 has been revised to reflect updated data for population and current safe annual yield, and to eliminate costs associated with the goal of developing a reliability reserve safe annual yield of 2,000 acre feet. This revision results in a decrease in the City -wide water impact fee of $3,191 per Equivalent Dwelling Unit. SECTION 2. COST ESTIMATES At any time that the actual or estimated costs of facilities identified in the impact fee analysis changes, the Director of Finance shall review the impact fees and determine whether the change affects the amount of the impact fees. If the impact fees are significantly affected, the Director of Finance will recommend to the Council a revised fee for their consideration. SECTION 3. AMOUNT OF IMPACT FEES Effective July 1, 2002, water impact fees shall be in the amounts set forth in Exhibit A attached hereto. Unless otherwise acted upon by the Council, the amount of the fees will automatically be adjusted on July 1 of each subsequent year by the annual percentage change in the U.S. Bureau of Labor Statistics consumer price index for all urban consumers (CPI -U), all - cities average for the prior calendar year. SECTION 4. TIME OF PAYMENT a. Impact fees for any development project or portion thereof shall be payable prior to issuance of building permits required for that development, and shall be collected by the Building Official. Under Government Code Section 66007(b), the City is authorized to collect the fees at the time of building permit issuance because the fees are for public facilities and improvements for which an account has been established and funds appropriated, and for which the City has adopted a proposed construction schedule; or the fees are to reimburse the City for expenditures previously made. b. For any development project or portion thereof, impact fees shall be assessed at the time of application and remain valid for as long as the processing time period allowed by the Uniform Administrative Code as adopted by the Council. SECTION 5. EXEMPTIONS Upgrading existing water service and/or meters for the sole purpose of providing new or improved fire protection facilities shall be exempt from any impact fee provided for in this resolution. 0 0 Resolution No. 9318 (2002 Series) Page 3 SECTION 6. SEPARATE ACCOUNTS The Director of Finance shall deposit fees collected under this resolution in a separate water impact fee account as required by Government Code Section 66006. Within one hundred and eighty (180) days of the close of each fiscal year, the Director of Finance shall make available to the public an accounting of these fees, and the Council shall review that information at its next regular public meeting. Upon motion of Vice Mayor Marx, seconded by Council Member Mulholland, and on the following roll call vote: AYES: Council Members Mulholland, Schwartz, Vice Mayor Marx and Mayor Settle NOES: None ABSENT: Council Member Ewan the foregoing resolution was adopted on June 4, 201 APPROVED AS TO FORM: �s orney Mayor Allen Settle 0 a Ora A O\ A W N .r .r \ tWi< i a cn tA: y '� Awiii m CD C CL CD �y 0 0 o A o 0 0 i o` 00 0 s4 w C\ r. .- N --1 N - N GN oo A ON 00 vi O O a\ O O ^s A W O\ O a,rA A --j 00 b 0.� O N A A A N O\ : >: >:: >:: 00 -1 O\ N O N �1 w .M v cD �o 3 3 n .�r 11 f(DD N n CD CL c E m x ca a i ,� �� �� a�� • RESOLUTION NO. 9317 (2002 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING A NEW CREEK AND FLOOD PROTECTION FUND AND ENACTING FEE SCHEDULES WHEREAS, the San Luis Obispo community has a long history of chronic flood damage and expensive repair efforts; and WHEREAS, heavy rainstorms in 1995 and 1997 showed that the San Luis Obispo com- munity was still vulnerable to flood damage, despite implementation of many flood protection im- provements over the previous twenty years; and WHEREAS, the City will be subject to federal National Pollution Discharge Elimination System ( NPDES) regulations that require significant ongoing activities to reduce the level of pol- lutants discharged from storm drainage systems into natural waterways; and WHEREAS, since 1995 the City has been actively planning for several new initiatives to correct flooding problems and comply with NPDES regulations; and WHEREAS, the environmental sensitivity of the San Luis Obispo Creek watershed and the importance of this watershed in defining the quality of life for San Luis Obispo justify an ad- vanced level of creek and flood protection; and WHEREAS, these new creek and flood protection initiatives cannot be fully imple- mented using existing City revenues because it would compromise other important program ac- tivities; and WHEREAS, new initiatives and fees for creek and flood protection should be phased in over a five -year period to ease the impact on ratepayers; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that: 1. A new Creek and Flood Protection Fund for creek and flood protection program activities and projects is hereby established. 2. The following fee schedule for residential accounts is hereby effective July 1, 2002: R 9317 Flat Fee per Month 2002 -03 2003 -04 2004 -05 2005 -06 2006 -07 2007 -08 Single - Family Residential $1.00 $1.75 $2.50 $3.25 $4.00 $4.50 Multi - Family Residential* $0.23 $0.41 $0.59 $0.76 $0.94 $1.05 R 9317 0 0 Resolution No. 9317 (2002 Series) Page 2 3. The following fee schedule for non - residential accounts is hereby effective July 1, 2002: Upon motion of Vice Mayor Marx, seconded by Council Member Ewan, and on the fol- lowing roll call vote: AYES: Fee per Month per 1, 000 Square Feet of Parcel Area NOES: 2002 -03 2003 -04 1 2004 -05 1 2005 -06 1 2006 -07 2007 -08 Educational $0.03 $0.05 1 $0.08 1 $0.10 $0.12 $0.14 Other Non - Residential $0.15 $0.26 1 $0.38 1 $0.49 1 $0.60 $0.68 Upon motion of Vice Mayor Marx, seconded by Council Member Ewan, and on the fol- lowing roll call vote: AYES: Council Members Ewan, Schwartz, and Vice Mayor Marx NOES: Council Member Mulholland and Mayor Settle ABSENT: None The foregoing resolution was adopted this 21s` day of May, 2002. Mayor Allen Settle APPROVED AS TO FORM: *eeyAt torney J� 0 -J RESOLUTION NO. 9316 (2002 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING THE FEE STRUCTURE FOR THE LAGUNA LAKE GOLF COURSE AND RESCINDING RESOLUTION NO. 9186 (2001 Series) WHEREAS, it is the policy of the City of San Luis Obispo to review program fees on an ongoing basis; and WHEREAS, those fees are adjusted as required to ensure they remain equitable and adequate to cover the cost of providing services; and WHEREAS, a comprehensive analysis of the Golf Course Fund was performed for fiscal year 2002-03. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: 2002. SECTION 1. Resolution No. 9051 (2001 Series) is hereby rescinded, effective July 1, SECTION 2. The following green fees shall be as follows, effective July 1, 2002: Senior/Youth Weekdays $ 6.25 General Weekdays $ 8.25 Senior/Youth Weekends $ 7.00 General Weekends $ 9.00 Senior/Youth 10 -Play Card $57.50 General 10 -Play Card $67.50 SECTION 3. The fees for the driving range, wholesale goods, lessons, and other special activities and promotions shall be set by the Director of Parks and Recreation and the Golf Course Supervisor. Upon motion of Council Member Mulholland, seconded by Council Member Schwartz, and on the following roll call vote: AYES: Council Members Ewan, Mulholland, Schwartz, Vice Mayor Marx, and Mayor Settle NOES: None ABSENT: None R 9316 Resolution No. 9316 (2002 Series) Page 2 The foregoing resolution was adopted this 21S` day of May 2002. APPROVED AS TO FORM: • r Attorney- 51t ���� �� ✓ • n n �� b i O RESOLUTION NO. 9315 (2002 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DIRECTING THE CAO TO SUBMIT TWO FUNDING APPLICATIONS TO THE CALIFORNIA BICYCLE TRANSPORATION ACCOUNT (BTA) PROGRAM FOR THE MORRO -SANTA BARBARA INTERSECTION TRAFFIC SIGNAL AND THE CITY- WIDE BICYCLE PARKING RETROFIT PROGRAM WHEREAS, the City Council has adopted a Bicycle Transportation Plan that complies with the content requirements of Section 891.2 of the California Streets and Highways Code; and WHEREAS, San Luis Obispo's Bicycle Transportation Plan specifically recommends the creation of a Bicycle Boulevard on Morro Street, including installation of a traffic signal at the Mono -Santa Barbara intersection, and the creation of a city -wide bicycle parking retrofit program; and WHEREAS, the San Luis Obispo Bicycle Advisory Committee (BAC) has reviewed the BTA Grant Program Guidelines, considered alternative eligible projects, and has recommended that the City Council pursue BTA grant funding for the projects described herein; and WHEREAS, the Community Development Director has reviewed each project and has granted each project a Categorical Exemption consistent with Article 19 of the California Environmental Quality Act (CEQA) Guidelines; and WHEREAS, the City Council finds that implementation of the two projects described below will improve bicycle transportation in San Luis Obispo, consistent with the community's General Plan Circulation Element and Bicycle Transportation Plan. NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Council directs the City Administrative Officer (CAO) to submit BTA grant applications to Caltrans and to enter into any subsequent cooperative agreements with that agency for the following projects: A. Morro Street- Santa Barbara Street Traffic Signal (Estimated Total Cost = $120,000) B. City -Wide Bicycle Parking Retrofit Program (Estimated Total Cost = $100,000) SECTION 2. The City Council hereby certifies that it will provide a minimum ten percent (10 %) local funding match for each of the two projects described in Section 1. R 9315 Resolution No. 9315 (20USeries) • On motion of Vice Mayor Marx, seconded by Council Member Ewan and on the following roll call vote: AYES: Council Members Ewan, Mulholland, Schwartz, Vice Mayor Marx, and Mayor Settle NOES: None ABSENT: None The following resolution was adopted this 215` day of May 2002, ATTEST: Lee Price, City Jerk r :� • _ -'�'C'�n,,#ty Attorney �''v • J �' • o RESOLUTION NO. 9314 (2002 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'S FISHERY RESTORATION GRANTS PROGRAM IN SUPPORT OF THE PROJECT KNOWN AS THE FROOM CREEK ROAD DECOMISSIONING PROJECT WHEREAS, the California Department of Fish and Game ( "Department") has requested proposals for the California Coastal Salmon Recovery Program for fishery conservation work throughout the State of California; and WHEREAS, The City of San Luis Obispo maintains a strong interest in the potential for improvement of in- stream and riparian habitat within San Luis Obispo Creek and its tributaries; and WHEREAS, City staff have identified the decommissioning and stabilization of a road alongside Froom Creek in the Irish Hills as a means to improve in -stream and riparian habitat of Froom Creek, which is known to contain southern steelhead spawning habitat. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby: SECTION 1. Authorizes the filing of an application for grant funds from the California Fishery Restoration Grant Program for the project known as Froom Creek Road Stabilization Project; and SECTION 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 Marx, seconded by Vice Mayor Ewan and on the following roll call vote: AYES: Council Members Ewan, Mulholland, Schwartz, Vice Mayor Marx and Mayor Settle NOES: None ABSENT: None R 9314 • o Resolution No. 9314 (2002 Series) Page 2 The foregoing resolution was adopted this 21S`. day of May 2002. i Allen K. Settle, Mayor ATTEST: -IX A Lee Price, APPROVED AS TO FORM: I r J ' = y,, ��� � � � ,�J • 0 RESOLUTION NO. 9313 (2002 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP FOR TRACT NO. 2401 WHEREAS, the City Council made certain findings concerning vesting Tract 2401, as prescribed in Resolution No. 9169 (2001 Series), and WHEREAS, the subdivider has submitted surety bonds in the total amounts of $2,017,000 (Faithful Performance) and $1,008,500 (Labor & Materials) to guarantee installation of the required subdivision improvements per approved plans and all fees have been received as prescribed in the attached subdivision agreement, marked "Exhibit A ", and WHEREAS, the Community Development Director as approved the Covenants, Conditions and Restrictions (CC& R's) including maintenance requirements of the common areas, and WHEREAS, all other conditions required per said Resolution No. 9169 (2001 Series) have been satisfied or guaranteed. NOW, THEREFORE, BE IT RESOLVED that the final map for Tract No. 2401 is 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 the City Administrative Officer is hereby authorized to execute the Affordable Housing Agreements on behalf of the City. On motion of Vice Mayor Marx, seconded by Council Member Ewan and on the following roll call vote: AYES: Council Members Ewan, Mulholland, Schwartz, Vice Mayor Marx, and Mayor Settle NOES: None ABSENT: None The foregoing Resolution was passed and adopted this 21" day of May 2002. jz� MAYOR Allen K. Settle CITY CLERK Lee Price R 9313 Resolution No. 9313 k(2 Series) Page 2 APPROVED AS TO FORM: /EMOIT, : W, M. nlF i • r SUBDIVISION AGREEMENT TRACT 2401 THIS AGREEMENT is dated this day of 2002 by and between LOVR -SLO, 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 California, a description of which is shown on the Final Map of Tract 2401, City of San Luis Obispo, California, as approved by the City Council on they Srday of 2002. The Subdivider desires that said Tract No. 2401 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 agrees 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. 4. DRAINAGE STRUCTURES 5. STREET LIGHTING O G. ELECTRIC, GAS, TELEPHONE AND CABLE TELEV ION: 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 fourteen (14) 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 Planning Commission and /or the City Council and has paid, or will pay, the necessary fees as indicated on the attached Exhibits 1 and 2. The restoration of lost section corners and retracement of section lines within the Subdivision shall be in accordance with Article 5, paragraph 8771 et seq., of the 2 O 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 total amount of two million seventeen thousand dollars ($ 2,017,000) that 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. 3 • O Additionally, the Subdivider attaches hereto, as an integral part hereof, an instrument of credit or bond approved by and in favor of the City of San Luis Obispo in the total amount of one million eight thousand five hundred dollars ($1,008,500) as a labor and materials surety which is fifty percent (50 %) of the above described subdivision improvements in accordance with State law. Said Subdivider has paid an inspection fee of one hundred forty one thousand nine hundred and nine dollars ($141,909) 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. 4 `v IN WITNESS WHEREOF, this agreement has been exe uted by: CITY OF SAN LUIS O_ B_ISPO SUBDIVIDER LOVR -SLO, LLC /j A Califomia limited lia MAYOR Allen K. Settle / r _ A T77I /f CI -Lee 'ce �•t� APPROVED AS TO FORM: pany LO LLC • o EXHIBIT 1 TRACT 2401 SUBDIVISION AGREEMENT 1, The Subdivider has deposited a monumentation guarantee in the amount of $8,500 for" "Monument Bond" to cover the installation of survey monuments in accordance with the approved map and payment for same. This guarantee will be released to the Subdivider upon receipt by the City of a letter from the Engineer /Surveyor indicating that they have completed the work and have been paid. 2. Park- in-lieu fees have been paid, as. listed in the attached EXHIBIT 2. 3. Wastewater infrastructure fees, as estimated in the attached EXHIBIT 2, shall be paid at time of the first building permit, for each of the zoning classifications, through the Community Development Department, Building Division. These fees include the pro rata share of lift station improvements, and water reclamation facility upgrade. 4. Water and sewer impact.fees shall be paid at time of building permits through the Community Development Department, Building Division, in accordance with City Regulations. 5. Transportation impact fees shall be paid at time of building permits through the Community Development Department, Building Division, in accordance with City Regulations. Transportation impact fee credits shall be given by the City (As shown in EXHIBIT 2) for the signal interconnect between the signal at Los Osos Valley Road and the SR -101 Northbound offramp and the signal at Los Osos Valley Road and Higuera. The amount of credit shall be based on submittal of a certified statement of costs on work elements; to the approval by the City's Public Works Director. Credits shall be applied to offset the Transportation Impact Fee at the time of building permits. 6. The subdivider of this tract (2401) shall reimburse, .;'. the subdivider of Tract 2307 for their pro- rata share of the Los Osos Valley Road Improvements along their frontage including: excess paving, striping, curb /gutter, undergrounding of overhead utilities, gas line, sewer line and waterline constructed with Tract 2307, in accordance with City regulations (16.44.090 and 16.44.091) and as approved of the Public Works Director.. The estimate of the reimbursement is shown in Exhibit 2. -The subdivider shall provide a cash equivalent security (e.g. certificate of deposit, in the amount of the estimate, to the City. The security shall be returned to the subdivider upon payment for the actual cost of the improvements in question, based on a certified statement of costs submitted by the developer of Tract 2307 and as approved by the Public Works Director. 7. The subdivider shall comply with all requirements of ARC conditions 87 -00, Ordinance No 1385 (2001 series) Council Resolution No 9196 (200 ]).approving the tentative map. eg?�� ,�oZ EXHIBIT 2 TRACT 2401 -FEE AND BOND LIST _.- - -- _ . . - . . 1.. - _ . . - - -... . -Amount Form _- , - Date Received _ - Bon& and Gitarantea. Onsite Public Improvements $1,620,000 pa'!%y'!i l �e7 Offsite,sewer improvements $32,000 Landscaping $327,000 Offsite Traffic Signal Improvements $38,000 Total Faithful Performance' $2,017,000 Onsite Public Improvements Offsite sewer improvements $810,000 $16,000 „�/ -?v Landscaping $163;500 Offsite Traffic Signal Improvements $19,000 Labor& Materials (50% of total $1,008,500 cost of improvements Monument Guarantee $8,500 Z- 1 S 2Z O -z- Rough Grading '& Stockpile $10,000 Surety Bond 8/1/01 Public Art - - _ $25,000 Fees: - Map Check F $5,091 Check 8/24/01 Plan Check Fee $36709 Check 8/24/01 Inspection Fee $141,909 Credit for Early Grading Permit Inspection $2,000 Checks 8/1/0 & 20%22/01 Remaining ins ectionFeeDue __ $139909 K ro�. 2 O�- Park In -Lieu Fee 18 single family lot x $4;296 $77;328 CGi� "I' � �1 D y 35 R -2 units x $3,407 $119.245 b (09 77 R -3 units x $3,407 $262,33 9 l Total Park -in -Lieu Fee $458,912 Wastewater Infrastructure/Lift Station Fee First Single Family $11,254 Due with the first building permit for First R -2 unit $13.821 each classification. First R -3 units 30 406 N/A Total Wastewater Infrastructure/Lift $55,481 Station Fee Water Impact Fee (Estimate') 18 single family lot x $7,059 $127,062 Due with each building permit at the 35 R -2 units x $5,648 $197,680 N/A rate in effect at the time of permit. 77 R -3 units x $5,648 $434,89 6 Total Water Impact Fee $759,638 Wastewater Impact Fee (Estimate) 18 single family lot x $2,795 $50,310 Due with each building permit in 35 R -2 units x $2,237 $78,295 N/A accordance with City regulations. 77 R -3 units x $2,237 $172,249 Total Wastewater Im act Fee $300,854. Transportation Impact Fee (Estimate) 18 single family lot x $1,433 $25,794 Due with each building permit in 35 R -2 units x $1,272 $44,520 N/A accordance with City regulations. 77 R -3 units x $1,272 $97,944 Total Transportation Impact Fee $142,464 Transportatiop Impact Fee Credit (Estimate) ($38,000) N/A Credits shall be applied to offset the Per Paragraph 5, Exhibit 1 Transportation. Impact Fee at the time of building permits. In accordance with City regulations and as approved of the Public Works Director. Estimate Of Reimbursement to Tract 230 $183,000 Cash Equivalent Per Paragraph 6, Exhibit l ��rLe r of redit) M� i Based on estimates submitted 03/13/02. 4119 z Based on estimate submitted 0811/02 3 All Impact Fees are adjusted annually (typically July 1) based on CPI (July 2001 fee is shown) 4 Based on estimates provided by John L. Wallace and Associates, and Franciscan Development (TR 2307) with a 20% contingency and inflation factor added to the total. r/ CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California /y� 71 //,''. /i County of tAOC ��� �°V ss. On arm 1 � �/ �Qv before me, kw e 4t X , Date �Cipo� ql OMicor ( o'7erre Doa, Notary Publ personally appeared (J�[a� o(s) of y� ! /��J//�/ Namo(s) of gnarls) personally known to me o sa is a cry �evidt�rtC2 KLZZY ESPARZA % Calralission # 1344478 Notary Public- C81NOmie I -uils Obispo County My CVrM Feb 24, 20W to be the person\ whose name is /a� subscribed to the within instrument an acknowledged to me Nat he /s} plfthky executed the same in hls]hr /thkir authorized capacity(N, and tha by his/ /1:1176$ signature on the instrument the person o the entity upon behalf of which the person acted, executed the instrument. OWuA OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. ��,�...�.. Description of Attached Document j /�, �+ -/, 77&100410 I Title or Type of Document: u.bell V ? � ! 6A o 6T"AA&-L- Docume nt Date: n / Ai- Number of Pages: Signer(s) Other Than Named Above: Capacity( Claimed�y Signer Signer's Name: Q 6V-1— Tmjklr I Individual Corporate Officer — Title(s): _ Partner — ❑ Limited ❑ General Attomey -in -Fact ❑ Trustee ❑ ardian or Co servitor L, - Ete Other. F— '/ -� kA Signer Is Representing: LO v � v \1 LUG . O 1999 Natonal Notary ABeeeiaaon - 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalrotary.org Prod. No. 5907 Mr Reorder. Call Toll -Free 1 -Bob- 876 -6627 SUBDIVISION AGREEMENT TRACT 2401 THIS AGREEMENT is dated this day of 2002 by and between LOUR -SLO, 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 California, a description of which is shown on the Final Map of Tract 2401, City of San Luis Obispo, California, as approved by the City Council on the day of 2002. The Subdivider desires that said Tract No. 2401 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 agrees 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: 1. CURB, GUTTERS AND SIDEWALKS 2. STREET BASE AND SURFACING 3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line and water services to the curb stop. 4. DRAINAGE STRUCTURES 5. STREET LIGHTING C6 -7 r �/ 6. ELECTRIC,`., AS, TELEPHONE AND CABLE TEaISION: In addition to the inspection and approval of such facili ies 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 fourteen (14) 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 Planning Commission and/or the City Council and has paid, or will pay, the necessary fees as indicated on the attached Exhibits 1 and 2. The restoration of lost section corners and retracement of section lines within the . Subdivision shall be in accordance with Article 5, paragraph 8771 et seq., of the 1 . N "15001KrA.C'M Professional Land aeyors Act, Chapter 15 of the Busin s 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 total amount of two million seventeen thousand dollars ($ 2,017,000) that 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. C- 3 , V`a -ems Additionally, Subdivider attaches hereto, as and egral part hereof, an instrument of credit or bond approved by and in favor of the City of San Luis Obispo in the total amount of one million eight thousand five hundred dollars ($1,008,500) as a labor and materials surety which is fifty percent (50 %) of the above described subdivision improvements in accordance with State law. Said Subdivider has paid an inspection fee of one hundred forty one thousand nine hundred and nine dollars ($141,909) 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. Cb� -1,� � �v IN WITNES *EREOF, this agreement has beefexecuted by: CITY OF SAN LUIS OBISPO SUBDIVIDER LOVR -SLO, LLC A Califomia limi- MAYOR Allen K. Settle G Bob Fowler ATTEST: CITY CLERK Lee Price APPROVED AS TO FORM: W/Mm�wv ✓� - �- +i i� C6 -11 1V �� RESOLUTION NO. 9312 (2002 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO TO AUTHORIZE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR THE 2002 -2003 PLAYGROUND COVER GRANT PROGRAM WHEREAS, the people of the State of California have enacted Assembly Bill 1843 (W. Brown, chapter 974, Statutes of 1989) that provides grants to public entities involved in activities that result in reduced landfill disposal of used whole tires and reduced illegal disposal or stockpiling of used whole tires; and WHEREAS, the California Integrated Waste Management Board has been delegated the responsibility for the administration of the program for the State, setting up necessary procedures governing program applications; and WHEREAS, said procedures established by the California Integrated Waste Management Board require the applicant to certify by resolution approval of the application before submission of said application to the State; and WHEREAS, if awarded a grant, the applicant will enter into an agreement with the State of California for development of the project; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo authorizes the submittal of an application to the California Integrated Waste Management Board for the 2002/2003 Playground Cover Grant Program. The City Administrative Officer of the City of San Luis Obispo is hereby authorized and empowered to execute in the name of the City of San Luis Obispo all necessary documents, including but not limited to, applications, agreements, amendments and payment requests necessary to secure grant funds and to implement and carry out the purposes specified in the grant application. Upon motion of Vice Mayor Marx, seconded by Council Member Ewan, and on the following roll call vote: AYES`. Council Members Ewan, Mulholland, Schwartz, Vice Mayor Marx, and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 215` day of May 2002. R 9312 • Resolution No. 9312 (2002 Series) Page 2 ATTEST: Lee Price, City APPROVED AS TO FORM: Me. F®rm, Mae I y� _ W :r ^ ���,2�������� .� i o Resolution No. 9311 (2002 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBIPSO ACCEPTING THE DONATION OF PUBLIC ART SCULPTURE "GARNET" WHEREAS, pursuant to receipt of Public Art Application for Privately Funded Art on City -Owned Property, Exhibit A attached herein, artist Kate Britton and co -owner Diane Blakeslee have offered to donate the sculpture "Garnet" to the City of San Luis Obispo; and WHEREAS, subject to Resolution No. 8965 (1999 Series), Exhibit B attached herein, all donations exceeding $5,000 shall be accepted through a written agreement consistent with these guidelines and approved by City Council; and WHEREAS, "Garnet" is appraised at $50,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby accepts the public art sculpture, "Garnet" subject to the terms and conditions of Exhibits A and B. Upon motion of Council Member Mulholland, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Mulholland, Schwartz, Vice Mayor Marx, and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this day of 7`h day of May 2002. ATTEST / Lee Price, City Clerk APPROVED AS TO FORM: h MW 0444, S, 0A FE "m M� n, ity Attorney W�740154 � � MS _ i R 9311 PUBLIC ART APPLICATION (No Fee) Exhibit A PRIVATELY FUNDED ART ON CITY -OWNED PRRNEORT t-1 . 9311 CITY OF SAN LUIS OBISPO, 990 Palm Street, San Luis Obispo, CA 93401 (805) 781 -7151 By signing this Application below and in consideration for participating in the City's Privately Funded Art on City -Owned Property program, the artist/owner hereby acknowledges and waives, pursuant to California Civil Code Section 987(g)(3), any rights and duties created by the California Art Preservation Act codified at California Civil Code Section 987 et seq., or other applicable law. The artist/owner further acknowledges and understands that upon completion and installation of the artwork, and upon its acceptance by the City Council, the work shall become the property of the City. The City retains the right to remove or relocate the artwork in its sole discretion as the interest of the public welfare, health and safety may require. If the artwork is damaged, defaced, altered or destroyed by human acts or by acts of nature, the City retains the right to remove, restore, repair or replace the artwork at any time in keeping with the artist's original design intent, without consulting the artist, or his or her heirs or assigns. The City will make reasonable efforts to contact the artist, or if unavailable, another design professional, to advise or assist in any restoration work. I have read, understand and accept the terms of this Application and represent.that l am4he Q.'r nez- d4al RP&rt- of the artwork which is t • subjec of this Application. (owner, artist, or owner and artist) Date: 141 � , _ e; .�_. Name I have read unders an nd accept the terms of this Application and represent that I am the ®%° of the artwork which is the subject of this Application. (owner, artist, or owner and artist) Date: - (Signature) Diane Blakeslee (Print Name) F.xh i h i t A • ., Re olution No. 9311 PUBLIC ART APPLICATION (No Fee) PRIVATELY FUNDED ART ON CITY -OWNED PROPERTY ItW CITY OF SAN LUIS OBISPO, 990 Palm Street, San Luis Obispo, CA 93401 (805) 781 -7151 The Donor /owner must complete and sign this application form. If the Donor /owner is not the artist who created the artwork, the artist must also sign this,Application below. ARTIST/ ONOR: Name, address, phone#)_ kd& Af,71t'[1n �1if -7U6- i b'�i'Lc= L�rtr�Clu> %fir ". Si 'Zug A/ w, SM Las Ca TITLE OF WORK: DESCRIPTION OF WORK: (The form must be accompanied by drawings, models, photographs or any other graphic depiction which will help more clearly define the artwork.) �4 ale ,&M MATERIALS /SIZE: PROPOSED LOCATION: (For inside or outside installation) OF AN APPRAISAL OR OTHER EVIDENCE OF THE VALUE OF THE PROPOSED PUBLIC ARTWORK: I .°xhibit B • solution No. 9311 Pg. 1 RESOLUTION NO. 8965 (1999 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING A CITY DONATION ACCEPTANCE POLICY WHEREAS, individuals, community groups, and businesses may wish to make donations to the City in either cash or in -kind contributions that enhance projects, facilities, and programs; and WHEREAS, the need for projects, facilities, and programs exceeds the City's ability to fund all such needed projects; and WHEREAS, it is an acceptable and appropriate practice to accept donations, in order to enhance City programs and/or facilities to provide a higher level of service to the public. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby adopts the following policy concerning the acceptance of donations: 1. The donation must have a purpose consistent with City goals and objectives 2. The City may decline any donation without comment or cause. 3. The donation will not be in conflict with any provision of the law. 4. The donation will be aesthetically acceptable to the City. 5. The donation will not add to the City's workload unless it provides a net benefit to the City. 6. The donation will not bring hidden costs such as starting a program the City would be unwilling to fund when the donation was exhausted. 7. The donation places no restriction on the City, unless agreed to by the City Council. 8. The donation shall become property of the City. 9. All donations will receive recognition appropriate to the level and nature of the donation as determined by the City. For those of a capital nature, that may be in the form of signage, marking, or naming. Any naming of Parks and Recreation facilities shall be consistent with City policy on the naming of such facilities as set forth in Resolution 8621 (1997 Series). Regardless of the recognition strategy selected, the intent shall be to appropriately honor the donor for their contribution to the community. The appearance of traditional commercial advertising shall be avoided. 10. Donations exceeding $5,000 shall be accepted through a written agreement consistent with these guidelines and approved by the City Council. In -kind capital donations will be subject to normal City review, permitting, inspection, and insurance requirements. Upon motion of Council Member Marx seconded by Council Member Ewan, and on the Exhibit B O Resolution No. 9311 Pg. 2 Resolution No. 8965 (1999 Series) Page 2 following roll call vote: AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 7th day of September, 1999. APPROVED AS TO FORM: U f iyJeffre �/o r _ �,�9 - a p RECORDING REQUESTED AND WHEN RECORDED MAIL TO: City Clerk's Office CITY OF SAN LUIS OBISPO 990 Palm Street San Luis Obispo, CA 93401 JULIE RODE ii San Luis Obispo County— ClerklRecorder Recorded at the request of Public uoc #: 2002039415 RESOLUTION NO. 9310 (2002 SERIES) SR 5/10/2002 11:42 AM Titles: 1 Pages: 4 A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE MASTER LIST OF HISTORIC RESOURCES TO INCLUDE PROPERTY LOCATED AT 1902 CHORRC STREET WHEREAS, in 1983 the City Council adopted Resolution No. 5197 establishing the "Master List of Historic Resources," along with procedures for adding properties to the listing; and WHEREAS, on March 21, 2002 the Cultural Heritage Committee held an advertised public hearing to consider recommending to the City Council the addition of 1902 Chorro Street to the Master List of Historic Resources due to its historical and/or architectural significance to the community; and WHEREAS, at said meeting, the Cultural Heritage Committee reviewed the historical documentation on the property and recommended that the City Council add the property to the Master List of Historic Resources; and;. WHEREAS, this City Council considered this recommendation during a public hearing on May 7, 2002 pursuant to historic preservation guidelines established by Council Resolution No. 6157 (1987 Series); NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that based on the Cultural Heritage Committee's recommendation, documentation as described in the Historical Resource Inventory for the property, on file in the Community Development Department, public testimony, the staff report, and on the City's Historical Preservation Program Guidelines the following: SECTION 1. Findings. A. The building located at 1902 Chorro Street meets the Historic Resource Criteria For Building Evaluation and Recommendations as listed in the Historic Preservation Program Guidelines, under the following categories: R9310 Fees 0.00 Taxes 0.00 Others 0.00 PAID $0.00 A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE MASTER LIST OF HISTORIC RESOURCES TO INCLUDE PROPERTY LOCATED AT 1902 CHORRC STREET WHEREAS, in 1983 the City Council adopted Resolution No. 5197 establishing the "Master List of Historic Resources," along with procedures for adding properties to the listing; and WHEREAS, on March 21, 2002 the Cultural Heritage Committee held an advertised public hearing to consider recommending to the City Council the addition of 1902 Chorro Street to the Master List of Historic Resources due to its historical and/or architectural significance to the community; and WHEREAS, at said meeting, the Cultural Heritage Committee reviewed the historical documentation on the property and recommended that the City Council add the property to the Master List of Historic Resources; and;. WHEREAS, this City Council considered this recommendation during a public hearing on May 7, 2002 pursuant to historic preservation guidelines established by Council Resolution No. 6157 (1987 Series); NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that based on the Cultural Heritage Committee's recommendation, documentation as described in the Historical Resource Inventory for the property, on file in the Community Development Department, public testimony, the staff report, and on the City's Historical Preservation Program Guidelines the following: SECTION 1. Findings. A. The building located at 1902 Chorro Street meets the Historic Resource Criteria For Building Evaluation and Recommendations as listed in the Historic Preservation Program Guidelines, under the following categories: R9310 • o Resolution No. 9310 (2002 Series) Page 2 I. Architectural Criteria 1. Relative purity of a traditional style: Colonial Dutch Barn Style. 2. Rarity of existence of the single -story, Gambrel Roof style structure. 4. Degree to which the structure has maintained its architectural integrity. Ii. Design 2. Overall attractiveness because of craftsmanship and aesthetic value, though not necessarily unique. - IV. Architect/Builder 1. The house was designed and built by John Chapek, a designer/builder who, in terms of craftsmanship, made significant contributions to San Luis Obispo. VI. History- Person 3. The house is associated with John Chapek, an early San Luis Obispo builder and Town Council member who made early, unique or outstanding contributions to important local affairs or institutions. B. Historic designation does not constitute a "project" as defined under Section 15378 of Title 14, Ch. 3 Califomia Code of Regulations and therefore is not subject to review under the California Environmental Quality Act (CEQA). SECTION 2. Addition to Master List of Historic Resources. The building located at 1902 Chorro Street (Exhibit A) is hereby added to the Master List of Historic Resources as the historic `Bittick Residence" with the numeric historic ranking as a Type #5 historic property (historically significant at a local level but not eligible for the National Register of Historic Places), as further described in the Documentation of Historical Significance and Historic Resources Inventory for the property, on file in the Community Development Department. SECTION 3. Publish Revised Master List. The Community Development Director is hereby directed to amend the Master List of Historic Resources to include the property listed above, and to publish a revised Master List for public distribution. SECTION 4. Recording of Historic Properties. The City Clerk is hereby directed to record the properties' historic designation with the County Recorder, pursuant to State Law. On motion of Vice Mayor Marx, seconded by Council Member Mulholland and on the following roll call vote: AYES: Council Members Ewan, Mulholland, Schwartz, Vice Mayor Marx and Mayor Settle NOES: None ABSENT: None Resolution No. 9310 (2002 Series) Page 3 The foregoing Resolution was passed and adopted this 7th day of May 2002. Mayor Allen K. Seth A' ,ee Price, City Clf APPROVED AS TO FORM: -)51 3 I� ff nor ense , City tort} • V Resolution No. 9310 (2002 Series) Page 4 EXHIBIT A LEGAL DESCRIPTION OF LISTED HISTORIC PROPERTY Following is the legal description of the property added to the City of San Luis Obispo's Master List of Historic Resources, by City Council Resolution No. 9310 (2002 Series): 1902 Chorro Street. (Historic Name: `Bittick Residence ") City of San Luis Obispo, Ingleside Homestead Tract, Block 186, Lot 3 (Assessor's Parcel Number (APN #) 003 -647 -002). Owners: Wayne and Leslie Terry. END OF DOCUMENT tt� C� / �Iviv • II � lrl� 1 0 . RESOLUTION NO. 9309 (2002 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 20042 (One -Year Final Compensation) for local police members only. NOW, THEREFORE, 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 A" and by this reference made a part hereof. Upon motion of Council Member Mulholland, seconded by Vice Mayor Marx, and on the following roll call vote: AYES: Council Members Ewan, Mulholland, Schwartz, Vice Mayor Marx and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 7`s day of May 2002. Mayor Allen Settle ATTEST: Lee Price, City Clerk R 9309 Resolution No. 930902 Series) • Pape 2 APPROVED AS TO FORM: :•� ,Ilty *mey • Exhibit A Page 1 of 4 CaIPERS 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 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, January 7, 2000, July 6, 2000, September 21, 2001 and March 28, 2002 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 13 are hereby stricken from said contract as executed effective March 28, 2002, and hereby replaced by the following paragraphs numbered 1 through 13 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, age 55 for local fire members, and age 50 for local police 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. ® PLEASE DO NOT SIG "EXHIBIT ONLY" Exhibit A Page 2of4 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 police member shall be determined in accordance with Section 21362 of said Retirement Law (2% at age 50 Full). 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local fire member shall be determined in accordance with Section 21363.1 of said Retirement Law (3% at age 55 Full). 8. Public Agency elected and elects to be subject to the following optional provisions: a. Section 21573 (Third Level of 1959 Survivor Benefits) for local fire members only. b. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local miscellaneous members and 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 and local police members, and for those local fire members entering membership on or prior to July 1, 1986. PLEASE DO NOT SON "EXHIBIT nL�" x ii tA Page 3 of 4 f. Section 20475 (Different Level of Benefits Provided for New Employees). Section 20042 (One -Year Final Compensation) is not applicable to local fire members entering membership after July 1, 1986. g. Section 20903 (Two Years Additional Service Credit) for local miscellaneous members only h. Section 21024 (Military Service Credit as Public Service), Statutes of 1976. 9. 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. 10. 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. 11. 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 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 and local miscellaneous 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. Exhibit A Page 4 of 4 12. 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. 13. 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 on the _ BOARD OF ADMINISTRATION Q PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY KENNETH W. MARZIOttf '`CHIEF ACTUARIAL & EMPI-Gjf R SERVICES DIVISION PUBLIC EMPLOYE; RETIREMENT SYSTEM AMENDMENT PERS- CON -702A (Rev. 8196) day of A Witoffis Date est: Clerk CITY COUNCIL CITY OF SAN LUIS OBf R� BY PRESIDING C E R \� 5� A Witoffis Date est: Clerk :i32..EF00% PUBLIC EMPLOYEES' RET6RL,- -'NT SYSTEM, Actuarial and Employer Services Division Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229 -2709 (916) 326 -3420 CERTIFICATION OF COMPLIANCE WITH GOVERNMENT CODE SECTION 7507 I hereby certify that in accordance with Section 7507 of the Government Code the future annual costs as determined by the System Actuary and /or the increase in retirement benefit(s) have been made public at a public meeting of the City Council (governing body) City of San Luis Obispo (public agency) of the on May 7, 2002, which is at least two weeks prior to the adoption of the (date) Resolution / Ordinance. Clerk/ ecre ry Title Date May 8, 2002 PERS- CON -12A (rev. 1/96) Assistant City Clerk �.�''� G 7 ��'