HomeMy WebLinkAbout9403-9424RESOLUTION NO. 9424 (2003 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE 2003 CDBG PROGRAM, AMENDING SECTION 108 LOAN USES
AND PREVIOUS CDBG PROGRAM YEARS, AND ENDORSING THE SAN LUIS
OBISPO URBAN COUNTY'S DRAFT ONE -YEAR ACTION PLAN
WHEREAS, the City of San Luis Obispo is a participating jurisdiction in the San Luis
Obispo Urban County, along with the cities of Arroyo Grande, Atascadero, Grover Beach, and
Paso Robles, and the County of San Luis Obispo; and
WHEREAS, said cities and County cooperatively administer several federal grant
programs under the provisions of the Cooperative Agreement approved by the San Luis Obispo
City Council on July 13, 1999 and as amended on September 7, 1999, and under applicable U.S.
Department of Housing and Urban Development Department (HUD) rules; and
WHEREAS, pursuant to said agreement, the Urban County Public Participation Plan and
HUD rules, the City Council held a public hearing on March 4, 2003 to consider funding
recommendations by the Human Relations Commission (HRC), to review applications for
federal grant funding, and to consider public comments on community needs and the use of such
funds; and
WHEREAS, the Council has held a public hearing to consider applications for
Community Development Block Grant (CDBG) funds, public testimony, the Urban County's
proposed One -Year Action Plan, including proposed funding allocations for the CDBG program,
Home Investment Partnership (HOME), Emergency Shelter Grants (ESG), and the Special Urban
Projects Fund, HRC recommendations and staff report; and
WHEREAS, the Council has also considered previous years' CDBG funding allocations
and determined that amendments are necessary to re- allocate unused funds, or to re- allocate
funds to activities with greater community need or urgency.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Environmental Determination. The Council hereby determines that the
proposed funding actions are not "projects" as defined by Section 21065 of the California
Environmental Quality Act (CEQA), since they will not cause a direct or indirect physical change
in the environment and do not involve the issuance of a lease, permit, license, certificate or other
entitlement. Consequently, no further environmental review is necessary.
SECTION 2. 2003 Community Development Block Program. The City's 2003
Community Development Block Program, as shown in Exhibit A, is hereby approved.
SECTION 3. CDBG Program Amendments. The 1998, 2000 and 2002 CDBG
Programs are hereby amended, as shown in Exhibit B.
Resolution No. 9424 (2003 Series)
Page 2
O
SECTION 4. One -Year Action Plan. The San Luis Obispo Urban County's Draft One-
Year Action Plan is hereby endorsed, as shown in Exhibit C.
SECTION 5. Board of Supervisors Consideration. The Council hereby directs staff to
forward the above actions to the San Luis Obispo County Board of Supervisors for consideration
prior to the Board's final action on the Urban County's 2003 Consolidated Plan.
SECTION 6. City Administrative Officer Authority. The City Administrative Officer
is authorized to act on behalf of the City in executing grant agreements and other actions
necessary to implement the approved Consolidated Plan and CDBG Program.
Upon motion of Vice Mayor Mulholland, seconded by Council Member Settle, and on the
following roll call vote:
AYES: Council Members Ewan, Settle, and Schwartz, Vice Mayor Mulholland,
and Mayor Romero
NOES: None
ABSENT: None
the foregoing resolution was adopted this 4a' day of March 2003.
Lee Price; C.M.C.
City Clerk
APZATrujillo,
S FORM:
Ti bert .
Acting City Attorney
Exhibits:
Mayor D . vid F. Romero -
A- Approved 2003 CDBG Program for the City of San Luis Obispo
B- Approved 2003 CDBG Program Amendments
C -Draft Urban County One -Year Action Plan
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Resolution No: 9424 (2003 Series)
Exhibit B
CITY OF SAN LUIS OBISPO
2003 CDBG Program Amendments ($)
"`."""`..V
@EMIM
pffl�e
' a a e e
+ a e
+ e e
1998 PROGRAM YEAR
Home Repair
EOC
1,043
0
Program
Housing Study
Housing
790
0
Consortium
Revolving Loan
EVC
20,000
0
Administration
ADA park
City of SLO
0
21,611
improvements
ADA street
City of SLO
0
222
improvements
2000 PROGRAM YEAR
Office site acquisition
EOC
100,000
0
Homeless Shelter
Housing Authority
0
70,000
improvements
ADA park
City of SLO
0
30,000
improvements
2002 PROGRAM YEAR
ADA Street
City of SLO
70,667
70,667
improvements (revise
project description to
locate ramps in
Foothill area)
TOTALS
192,500
192,500
Resolution 9424 (2003 Series)
EXHIBIT C
SAN LUIS OBISPO URBAN COUNTY
2003 CDBG DRAFT SUMMARY ONE YEAR ACTION PLAN
Applicant
CITY OF ARROYO GRANDE
HOUSING
I. Economic Opportunity Commission
PUBLIC SERVICES
1. Harvest Bag
2. SLO Co. YMCA
3. Big Brothers/Big Sisters
1. Economic Opportunity Commission
2. Economic Opportunity Commission
3. Economic Opportunity Commission
4. Literacy Council
PUBLIC FACILITIES
1. City of Arroyo Grande
2. City of Arroyo Grande
ECONOMIC DEVELOPMENT
L Cuesta College
CODE ENFORCEMENT
L City of Arroyo Grande
PLANNING AND CAPACITY BUILDING
L City of Arroyo Grande
ADMINISTRATION
CITY OF ATASCADERO
HOUSING
I.
People' Self -Help Housing Corporation
1.
Economic Opportunity Commission
PUBLIC SERVICES
I.
Harvest Bag
2.
North County Women's Shelter
3.
Big BrothersBig Sisters
4.
Economic Opportunity Commission
5.
Economic Opportunity Commission
6.
Economic Opportunity Commission
7.
Literacy Council
8.
El Camino Housing Organization
9.
Atascadero Christian Homes
10.
Community Services Foundation
11.
Homeless Housing Project
PUBLIC FACiLn FES
L
North County Women's Shelter
2.
North County Women's Shelter
3.
Economic Opportunity Commission
4.
City of Atascadero
5.
City of Atascadero
ECONOMIC DEVELOPMENT
1.
Cuesta College
CODE ENFORCEMENT
1.
City of Arascadero
ADMINISTRATION
:44 M 11 t�] O[H3�ll al.�;lalIfl,•_i
Proiect
Home Repair Program
Purchase vehicle, equipment, rent
Y Teen X -Treme Program
Mentor Program
Forty Wonderful Program Operating Expenses
Senior Health Screening Program
Teen Academic Parenting Program
Literacy Program
Facade improvements in redevelopment area
American Disabilities Act compliance at City Hall
Small Business Development Center
Code Enforcement
Capacity Building Program
Total:
Rehabilitate affordable housing
Home Repair Program
Purchase vehicle, equipment, rent
Purchase two refrigerators
Mentor Program
Forty Wonderful Program Operating Expenses
Senior Health Screening Program
Teen Academic Parenting Program
Literacy Program
Program operation, vouchers, overhead, supplies
Purchase equipment
Youth Scholarships
Motel Voucher Program
Bathroom renovation.
Paint shelter
Sewer connection to Head Start building
Elevator - Youth Center
Wheelchair ramps, lighted crosswalks
Small Business Development Center
Code Enforcement
Total:
HOUSING
t. Economic Opportunity Commission Home Repair Program
PUBLIC SERVICES
1. Harvest Bag Purchase vehicle, equipment, rent
Funding Funding
Requested Recommended
$ 15,000
$ 8,000
$ 4,000.
$ 5,000
$ 2,000
$ 5,000
$ 3,600
$ 3,000
$ 50,000
$ 46,000
$ 3.000
$ 17.000
$ 16,439
$ 10,960
$ 86,059
$ 20,000
$ 8,000
$ 2,000
$ 7.500
$ 2.000
$ 5,000
$ 3,600
$ 3,000
$ 44,475
$ 14,595
$ 7,500
$ 24,000
$ 3,400
S 7,000
S 36,631
$ 65.000
$ 50.000
$ 3,000
$ 110,000
$ 42,174
$ 25.000
$ 8,000
$ 10,000
$ 6,500
$ 2,000
S 2,400
$ 1,500
$ 3,500
$ 3;100
$ 2,000
$ 50,000
$ 16,000
S 3,000
$ 12,900
$ 16,439
10,960
$ 140,299
$ 0
$ 0
$ 0
$ 0
$ 3,000
$ 2,000
$ 4,000
$ 3,600
$ 2,500
$ 11,500
$ 0
$ 7,500
$ 0
$ 3,000
$ 3,400
$ 0
$ 35,000
$ 22,000
$ 3,000
$ 85,000
42,174
$ 227,674
$ 25.000
$ 4,209
2. SLO Co. YMCA
3. Big Brothers/Big Sisters
4. Economic Opportunity Commission
5. Economic Opportunity Commission
6. Economic Opportunity Commission
7. Literacy Council
Applicant
8. City of Grover Beach
9. Exploration Station
PUBLIC FACILITIES
1. CastaOeda
2. City of Grover Beach
3. City of Grover Beach
4. City of Grover Beach
ECONOMIC DEVELOPMENT
1. Cuesta College
ADMINISTRATION
CITY OF PASO ROBLES
HOUSING
$
I.
Economic Opportunity Commission
PUBLIC SERVICES
1.
Lifestyles Recovery Center
2.
Big Brothers/Big Sisters
3.
Economic Opportunity Commission
4.
Economic Opportunity Commission
5.
Literacy Council
6.
Economic Opportunity Commission
7.
Boys/Girls Club of the North County
8.
Homeless Housing Project
PUBLIC FACR.f11ES
1.
Mary Mastagni
2.
Turano,Turano & Thompson
3.
City of Paso Robles
4.
City of Paso Robles
5.
City of Paso Robles
6.
City of Paso Robles
7.
City of Paso Robles
8.
City of Paso Robles
9.
City of Paso Robles
10.
City of Paso Robles
11.
City of Paso Robles
ECONOMIC DEVELOPMENT
1.
Cuesta College
PLANNING AND CAPACITY BUILDING
2. City of Paso Robles
ADMINISTRATION
CITY OF SAN LUIS OBISPO
HOUSING
I. Transitions - Mental Health
PUBLIC SERVICES
1. Economic Opportunity Commission
2. Economic Opportunity Commission
3. Harvest Bag
4. Senior Living Consultants
5. United Cerebral Palsy of S.L.O. County
6. Literacy Council
7. Big Brothers/Big Sisters
PUBLIC FACRLITIES
1. Women's Shelter Program
2. Housing Authority of the City of S.L.O.
3. Hospice of San Luis Obispo County
4. City of San Luis Obispo
5. City of San Luis Obispo
6. City of San Luis Obispo
ECONOMIC DEVELOPMENT
1. Cuesta College
SECTION 108 LOAN REPAYMENT
I. City of San Luis Obispo
Y Teen X -Treme Program
$
4,000
$
2,104
Mentor Program
$
4,000
$
2,104
Forty Wonderful Program Operating Expenses
$
2,000
$
1,054
Senior Health Screening Program
$
5,000
$
2,630
Teen Academic Parenting Program
$
3,600
$
1,894
Literacy Program
$
3,000
$
1,578
10,000
Funding
Funding
$
Proicct
Requested
Recommended
Youth Scholarships
$
7,000
$
3,683
Scholarships /namiadon/computers/admin
$
12,360
$
6,502
Curb, Gutter, Sidewalk
$
8,000
$
0
American Disabilities Act upgrades at City Hall
$
30,000
$
60,000
Grover Elementary School sidewalks
$
25,000
$
25,000
Install handicapped sidewalk ramps at intersections
$
31,618
$
23,562
Small Business Development Center
$
3,000
$
3,000
Rehabilitate Pool Changing Room
$
9,344
9,400
Total:
$
174,000
$
171,720
Home Repair Program
$
20,000
$ 0
Operating funds
$
6,000
$ 4,800
Mentor Program
$
9,500
$ 6,000
Forty Wonderful Program Operating Expenses
$
2,000
$ 2,000
Senior Health Screening Program
$
5,000
$ 4,000
Literacy Program
$
3,000
$ 2,500
Teen Academic Parenting Program
$
3,600
$ 3,600
Operation of thePaso Robles Club
$
10,000
$ 5,000
Motel Voucher Program
$
24,000
$ 0
Elevator
$
160,000
$ 0
Rehabilitation of the Fox Theater
$
98,000
$ 0
Downtown Alley Rehabilitation B
$
8,000
$ 8,000
Downtown Alley Rehabilitation ID
$
45,000
$ 0
Carnegie Library American Disabilities Act Rehab.
$
90,096
$ 90,100
Replacement fence
$
10,000
$ 0
LED- Lighted Crosswalks
$
26,000
$ 26,000
Replace playground structure at city park
$
90,000
$ 0
28 Street Improvements
$
102,390
$ 51,200
Rehabilitate Pool Changing Room
$
145,000
$ 51,200
Railroad Street Improvements
$
174,000
$ 0
Small Business Development Center
$
5,000
$ 0
Capacity Building Program
$
31,800
$ 31,800
$
31,800
$ 31,800
Total:
$ 318,000
Rehabilitate housing
$
29,800
$29,800
Homeless Shelter Operating Expenses
$
138,000
$131,000
Prado Day Center Operating Expenses
$
50,000
$ 0
Purchase vehicle, equipment, rent
$
8,000
$0
Senior Assisted Living Trust
$
100,000
$0
Recreation Program for disabled youth
$
4,000
$0
Literacy Program
$
3,000
$0
Mentor Program
$
19,000
$0
Rehabilitate shelter
$
62,500
$62,500
Homeless Shelter Rehabilitation
$
70,000
$0
Elevated Hope Project
$
35,000
$35,000
Fire Station #2 handicap access ramp
$
30,000
$30,000
Emergency Ops. Center Improvements
$
135,000
$82,389
Street Improvements for handicap access
$
80,000
$80,000
Small Business Development Center
$
10,000
$0
Loan payment
$
299,550
$299,550
2
�s
ADMINISTRATION ,
Applicant Proiect
COUNTY OF SAN LUIS OBISPO
HOUSING
I.
EOC
Home Repair Program
PUBLIC SERVICES
8,000
I.
Harvest Bag
Purchase vehicle,
$0
$
equipment, rent
2.
Avila Beach
Senior services
$0
Civic Assoc.
program
3.
SLO Co.Y
Teen X -Treme
$126,646
YMCA
Program
4.
Boys/Girls Club
Operation of the
$0
of No. County
Shandon club
5.
Big Brothers/
Mentor Program
$0
Sisters
70,000
6.
EOC
Homeless Shelter Op.
$309,525
$
Expenses No. Co Case mgt.
7.
EOC
Pmdo Day Center
$
Operating Expenses
8.
ECHO
Program Ops., vouchers,
$65,940
$
Overhead, supplies
9.
Senior Living
Sr. Assisted Living Trust
$10,000
Consultants
55,000
10.
HHP
Motel Voucher Program
PUBLIC FACILITIES
.62,500
I.
HASLO
Homeless Shelter
Rehabilitation
2.
OCCI
Community Center
3.
San Miguel CSD
Replacement wells
4.
Turn. Turano
Rehab. Fox Theater
& Thompson
5.
Avila Beach
Renovate community
Civic Assoc.
bldg. + ADA
6.
Co. General
Rehab. Nipomo
Services
Senior Center
7.
EOC
Prado Day Center
Repairs
8.
Templeton Fire
Exhaust Clean Air
Fire Dept. System
9.
Nipomo Hills
Child care center
Partnership
10.
Women's Rehab of shelter
Shelter Program
ECONOMIC DEVELOPMENT
L
SCORE
Small Business Dev.
2.
Cuesta
Small Business
College
Development Center
PLANNING AND CAPACITY BUILDING
I.
SLO Nonprofit
Shandon Farmworker
Hsg. Casrtm
Initiative
2.
SLO County
Housing Element Update
ADMINISTRATION
REALLOCATION OF CDBG FUNDS
County of San Luis Obispo
Activity/Year
Economic Vitality Corporation (1998)
San Miguel CSD - replacement wells (new activity)
County
County and cities
Avila Beach
County and cities
Shandon
County and cities
County and cities
County and cities
Atascadero
San Luis Obispo
North County
County and cities
Oceano
San Miguel
Paso Robles
Avila Beach
Nipomo
San Luis Obispo
Templeton
Nipomo
San Luis Obispo
Countywide
Countywide
Shandon
Countywide
3
$ 125,000 $125,000
Total: $ 875,239
Funding Funding
Requested Recommended
$
25,000
$0
$
8,000
$0
$
25,000
$0
$
6.000
$0
$
10,000
$0
$
20,000
$0
$
149,500
$126,646
$
50,000
$20,000
$
2,160
$0
$
100,000
$0
$
24,000
$0
$
70,000
$70,000
$
600,000
$309,525
$
242,500
$240,000
(includes $100,000
in EVC funds)
$
77,000
$0
$
95,475
$65,940
$
137,800
$0
$
10,000
$10,000
$
55,000
$0
Not Specified
$0
$
.62,500
$0
$ 20,000 $ 17,500
$ 25,000 $ 22,500
$ 20,000 $ 20,000
$ 38,658 $ 38,658
$136,870 $136,870
Total: $1,077,639
Existine Allocation Proposed Allocation
$ 100,000 $0
$ 0 $100,000
City of San Luis Obispo
Activity/Year Existing
Allocation
Economic Opportunity Commission Home Repair Program (1998)
$ 1,043
Economic Vitality Corporation Revolving Loan Fund (1998)
$ 790
Feasibility Study-Supportive Housing (1998)
$ 20,000
American Disabilities Act - Park/Playground Improvements (new activity)
$ 0
Street Improvements for accessibility (new activity)
$ 0
Economic Opportunity Commission office site acquisition (2002)
$ 100,000
Economic Opportunity Commission Homeless Shelter Improvements (new activity)
$ 0
American Disabilities Act Park/Playground Improvements (new activity)
$ 0
Handicapped Access Ramps Installation (2002)
$ 70,667
(Revise project description to locate ramps in Foothill Blvd. area)
$
City of Atascadero
$ 250,000
Carlton Hotel (1994)
$ 28,000
Removal of architectural barriers (new activity)
$ 0
Proposed Allocation
$ 0
$ 0
$ 0
$ 21,611
$ 222
$ 0
$ 70,000
$ 30,000
$ 70,667
$ 0
$ 28,000
HOME PROGRAM
I. SLO Non -Profit
Site acq. - rental
Atascadero
$
300,000
$ 300,000
Housing Corp.
housing
2. SLO Supportive
T.B.R.A.
Countywide
$
250,000
$ 250,000
Hsg Consortium
3. PSHHC
Creekside Gardens
Paso Robles
$
525,000
$ 525,000
Senior apts.
4. PSHHC
Home purchase
San Miguel
$
113,300
$ 52,991
Financing
5. Nipomo Hills
Child care center
Nipomo
Not Specified
Ineligible
6. SLO County
Administration
$125,335
$ 125,332
Total:
$1,253,323
EMERGENCY SHELTER GRANT PROGRAM (ESG)
I. SLO Women's
Emergency Shelter
San Luis Obispo
$
8,070
$ 8,070
Shelter
Supportive Services
2. N.C. Women's
Emergency Shelter
North County
$
20,162
$20,162
Shelter
Supportive Services
3. EOC
Homeless Shelter
Countywide
$
46,360
$46,360
Operating Expenses
4. EOC
Prado Day Center
Countywide
$
15,658
$15,658
Operating Expenses
5. ECHO
Atascadero Shelter
North County
$
4,750
$4,750
Operating Expenses
Total:
$95,000
hA- cod O O
T�-o0 c
(7, 1 C
RESOLUTION NO. 9423 (2003 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING
THAT COMPETITIVELY BIDDING THE PARKING STRUCTURE TO BE
CONSTRUCTED BY THE COPELANDS AND SOLD TO THE CITY IS IMPRACTICAL,
UNAVAILING AND WOULD NOT PRODUCE ANY ADVANTAGE
WHEREAS, the City and Court Street Partners, LLC and Palm Street Parking Structure,
LLC (hereinafter collectively the "Copelands ") desire to enter into agreements (the "Real Property
Exchange Agreement" and the "Payment Agreement ") to allow the development of a mixed -use
retail, restaurant and office structure on the Court Street Parking Lot property owned by the City
(hereinafter "Retail Project ") and the development of a mixed -use parking and office structure on the
property at the corner of Palm and Morro Street owned by the Copelands (hereinafter "Parking
Structure Project "); and
WHEREAS, the City does not now own, and would not own, the land upon which the
Parking Structure Project is to be built unless both projects were concurrent; and
WHEREAS, Copelands is the developer responsible for the construction of both projects
described in the Real Property Exchange Agreement and is the same developer who is working with
the same construction contractor that will be able to construct both projects at costs less than
contracts bid separately for them would cost; and
WHEREAS, the City is not contracting directly with the building contractor who is to
actually perform the construction work through its contract with the Copelands; and
WHEREAS, the availability of the Parking Structure Project is an essential component of
the development of the Retail Project, neither of which projects would be implemented unless both
were implemented under one coordinated effort that is inseparable; and
WHEREAS, the construction schedule of both projects has to be closely coordinated and a
separate bidding process for the Parking Structure Project contract will not be timely available; and
WHEREAS, the City would not be able to cause the construction of the Parking Structure
Project without the agreement of the Copelands to use its plans and specifications, and the amount of
payment to the Copelands for the completion of the Parking Structure Project includes costs in
addition to the actual cost of construction and includes consideration of the cost of the land as well.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis Obispo
does hereby incorporate each recital above as a finding of fact and further finds, that the Retail
Project and Parking Structure - Project described in the Real Property Exchange Agreement are so
intertwined and coordinated that attempting to obtain a separate construction contract through a
process of competitive bidding for the construction of the Parking Structure is impractical,
unavailing and would not result in any financial savings or advantage to the City.
R 9423
Resolution No. 9423 (2003 Series)
Page 2
Upon motion of Council Member Ewan, seconded by Council Member Settle,
and on the following roll call vote:
AYES:
Council Member Ewan, Settle and Schwartz, and Mayor Romero
NOES:
Vice Mayor Mulholland
ABSENT:
None
The foregoing resolution was adopted this 18th day of February, 2003
ATTEST: / ) / /
m
Lee Price,
City Clerk
APPROVED AS TO FORM:
Gilbert A. T i o
Acting City Attorney
eawzodo
Mayor David F. Romero
O
F)CO
C 0
RESOLUTION NO. 9422 (2003 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO UPHOLDING AN APPEAL OF THE
ARCHITECTURAL REVIEW COMMISSION'S DECISION TO
DENY PUBLIC ART PROPOSED FOR 3889 LONG STREET;
APPLICATION NO, 113 -01
WHEREAS, the Council of the City of San Luis Obispo conducted a public hearing on
February 18, 2003, in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, for the purpose of considering an appeal of the Architectural Review Commission's
decision to deny public art proposed for 3899 Long Street, Application No. ARC 113 -01; and
WHEREAS, the Architectural Review Commission reviewed the proposed public art on
January 6, 2003, and denied the proposal because they determined that it was not consistent with
Guideline #4 of the City's Guidelines for Public Art; and
WHEREAS, the proposed public art meets all of the requirements of the City's ordinance
pertaining to Public Art in Private Development (SLOMC 17.98) and was reviewed and
approved by an art jury; and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations by staff, presented at
said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
Section 1. Findings. Based upon all the evidence, the Council makes the following
findings:
1- The proposed artwork is consistent with the Guidelines for Public Art because the City's art
jury determined that the piece is original artwork of high artistic quality and the proposed
sculpture installation is consistent with the 12 Guidelines for Public Art established by the
City of San Luis Obispo.
2. The proposed sculpture can be interpreted to be compatible with the immediate site and
neighborhood in terms of social and cultural characteristics, land use and environmental
context in satisfaction of Public Art Guideline #4 because dolphins can be symbolic and
evocative of an artistic message. In this case, the dolphin sculpture is not a literal
representation of two dolphins because only the outline of each animal is set in bronze, which
provides views through the sculpture connecting the artwork to the fields, hills and sky
beyond.
3. As conditioned, the integrated sign design is appropriate because the sign will be consistent
with the Sign Regulations criteria for size and height and a separate structure for the sign
would potentially conflict with and detract from the public art display.
R 9422
Resolution No. 9422(2003 Series)
Page 2
Section 2. Approval. The Council does hereby uphold the appeal and approves the
proposed artwork, subject to the following conditions of approval.
1. The sculpture shall be bronze with a polished finish (not patina).
2. Lettering for the signage shall be individual bronze letters with a polished finish. The sign
shall be halo -lit (back -lit).
3. The sculpture shall be designed with some depth, or other Ydimensional characteristic, and
should not appear too flat.
4. The sculpture shall be lit with low level, architectural up- lighting, to the approval of the
Community Development. Director.
5. The landscaping plan and the site plan for the project shall be revised to incorporate the art
work, to the approval of the Community Development Director.
6. The final sign design shall be revised consistent with the alternatives provided by the art jury
and shall fully comply with the requirements of the Sign Regulations, to the approval of the
Community Development Director.
On motion of Council Member Settle, seconded by Council Member Ewan and on the following
roll call vote
AYES: Council Member Ewan, Schwartz and Settle, and Mayor Romero
NOES: Vice Mayor Mulholland
ABSENT: None
The foregoing resolution was passed and adopted this 18th day of February 2003.
Mayor David F. Romero
A T:
Lee Price, C.M.C.
City Clerk
APPROVED AS TO FORM:
Gilbert A. t to
Acting City Attorney
N
040
O
RESOLUTION NO. 9421 (2003 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE DESIGNATION OF THE SAN LUIS OBISPO COUNTY
INTEGRATED WASTE MANAGEMENT AUTHORITY, ENFORCEMENT SECTION,
AS ENFORCEMENT AGENCY FOR THE CITY OF SAN LUIS OBISPO.
WHEREAS, the City of San Luis Obispo is required by sections 43202 -03 of the Public
Resources Code to designate an enforcement agency to carry out the provisions of the California
Integrated Waste Management Act of 1989; and
WHEREAS, the City of San Luis Obispo has previously designated the San Luis Obispo
County Health Department Division of Environmental Health to be the enforcement agency and
now in accordance with Title 14, California Code of Regulations, Section 18056 wishes to
withdraw that designation; and
WHEREAS, the City of San Luis Obispo in accordance with Title 14, California Code of
Regulations, Section 18051 wishes to designate the San Luis Obispo County Integrated Waste
Management Authority Enforcement Section as the enforcement agency; and
BE IT RESOLVED by the Council of the City of San Luis Obispo that it hereby
withdraws the designation of the San Luis Obispo County Health Department Division of
Environmental Health as the enforcement agency and designates the San Luis Obispo County
Integrated Waste Management Authority Enforcement Section as the enforcement agency. This
action is conditioned on the California Integrated Waste Management Board certification of the
San Luis Obispo County Integrated Waste Management Authority Enforcement Section.
Upon motion of Council Member Settle, seconded by Council Member Mulholland,
and on the following roll call vote:
AYES: Council Members Ewan. Schwartz, and Settle, Vice Mayor Mulholland
and Mayor Romero
NOES: None
ABSENT: None
the foregoing resolution was adopted this 18`s day of February 2003.
Lee Price, C.M.C.
City Clerk
APP] VED AS TO FORM:
ilbert A. Trujillo, Acting Attorney
Mayor David F. Romero
R9421
P�c��s �
M ������ S
l J;
RESOLUTION NO. 9420 (2003 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING A MITIGATED NEGATIVE DECLARATION
AND APPROVING A TENTATIVE TRACT MAP
TO ESTABLISH A 48 -UNIT AIR -SPACE CONDOMINIUM
AT 2223 MONTEREY STREET
(APPLICATIONS NO. TR & ER 122 -01)
WHEREAS, public hearings on this project regarding the use permit and environmental
review were held before the Planning Commission on January 8, 2003, and the City Council on
February 4, 2003; and
WHEREAS, the Mitigated Negative Declaration was considered by the City Council after
extensive review by City staff and other agencies, and with the comments of the Planning
Commission and concerned public; and
WHEREAS, the potential environmental impacts of the project have been evaluated in
accordance with the California Environmental Quality Act and the City's Environmental
Guidelines.
NOW, THEREFORE, BE IT RESOLVED by the City Council as follows:
SECTION 1. Environmental Determination. The City Council hereby adopts the
Mitigated Negative Declaration for the Motel Inn Redevelopment Project finding that it adequately
identifies the project's potentially significant impacts with the inclusion of the following mitigation
measures and monitoring program:
Mitigation Measure 1:
The Architectural Review Commission shall carefully evaluate project building colors and
details of the Apple Farm building to insure that the project's massing appears in context with
existing vegetation and the hills beyond when viewed from the highway corridor.
Monitoring Program
The Architectural Review Commission shall monitor compliance with this requirement through
the review of detailed plans. Community Development Department staff will then verify
compliance with their review of working drawings for a building permit and subsequent
inspections.
R9420
1 I
Resolution No. 9420 (2003 Series)
Page 2
Mitigation Measure 2:
All exterior lighting shall be shielded down- lights that do not shine skyward or spill onto
adjacent properties to the review and approval of the Architectural Review Commission (ARC).
Lighting between the buildings and the creek shall be limited in intensity and scale necessary for
security and identification. Plans submitted for final review by the ARC shall include details of
wall- mounted light fixtures with illumination levels and shielding mechanisms. This shall
include decorative wall lights, as well as service area wall pack lights. If proposed, details of any
pole or bollard lights shall also be included in plans reviewed by the ARC. New lighting
standards shall not exceed 20 feet in height, from the approved finished grade to the top of the
fixture. Illumination levels at the finished grade below the lighting fixtures shall not exceed 10
footcandles under the fixture and 3 footcandles at the dimmest point, which shall be confirmed
with photometric plans submitted with working drawings.
Monitorin iProgram:
The Architectural Review Commission shall monitor compliance with this requirement through
the review of detailed plans. Community Development Department staff will then verify
compliance with their review 'of working drawings for a building permit and subsequent
inspections.
Mitigation Measure 3:
The following mitigation measures shall constitute a dust mitigation plan which shall become a
part of working drawings and be in effect during project construction:
a. The amount of disturbed area shall be reduced where possible.
b. The permanent dust control measures identified in the approved revegetation and
landscape plans should be implemented as soon as possible following completion of any
soil disturbing activities.
c. Water trucks or sprinkler systems shall be used to prevent airborne du..st from leveling the
site. Increased watering frequency would be required whenever wind speeds exceed
15mph. Reclaimed (non - potable) water should be use whenever possible.
d. Exposed ground areas, which are to be reworked at dates greater than one month after
initial grading, should be sown with a fast - germinating native grass seed and watered
until vegetation is established.
e. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as
possible. In addition, building pads should be laid as soon as possible after grading
unless seeding or soil binders are used.
f. Vehicle speed for all construction vehicles shall not exceed 15mph on any unpaved
surface at the construction site.
Resolution No. 9420 (2003 Series)
Page 3
Monitoring Program:
Community Development Department staff shall monitor compliance with this requirement by
insuring that the dust mitigation plan becomes a part of working drawings. The Building
Inspector and Public Works Inspectors shall conduct field monitoring.
Mitigation Measure 4:.
The project will implement an aggressive parking demand reduction and management program.
This program will include designation of a Transportation Coordinator who will manage
transportation programs for the project and shall promote alternative modes of transportation. The
program will provide for preferential catpool/vanpool parking, continued shuttle service, and
discount transit. The project applicant will be required to submit an implementation plan to the
City Transportation Division, for review and approval or amendment, which demonstrates how this
mitigation measure will be achieved.
Monitoring Program:
City Transportation Division staff will be the lead in reviewing the parking demand reduction and
management program with the assistance of the Community Development Department. The
provisions of the plan will need to be in place prior to occupancy and will require on -going
implementation.
Mitigation Measure 5:
The applicant shall contact the Air Pollution Control District prior to submitting a building
permit application for the project and shall comply with all requirements of the Asbestos ATCM,
to the approval of APCD and the Community Development Director.
Monitoring Program:
The applicant shall coordinate with APCD prior to building permit issuance to meet
requirements. Community Development shall monitor by insuring that the requirement has been
met prior to signing off on working drawings.
C C
Resolution No. 9420 (2003 Series)
Page 4
Mitigation Measure 6:
The applicant shall have a United States Fish & Wildlife Service (USFWS) protocol survey for
the potential presence of the California red - legged frog conducted prior to the onset of project
construction. The results of this survey shall be submitted to the City of San Luis Obispo
Community Development Director for review and a determination of need for further action. If
frogs were found in the creek area, then appropriate protective facilities would need to be
installed.. If frogs were found on the work site, then City staff will consult with the USFWS.
If construction activities are scheduled to begin between March 15` and August 30`s, then the
applicant shall hire a qualified biological consultant to conduct a follow -up inspection of the site
to determine the status of the potential red - shouldered hawk nest and to identify any nesting
birds in the area. If the nest is active, it may be necessary to reschedule construction activities to
determine appropriate disturbance perimeters around the nest.
Monitoring g roeram:
The City's Natural Resources Manager shall be the lead in reviewing the study and coordinating
with other agencies.
Mitigation Measure 7:
If the Planning Commission approves the requested creek setback exceptions, then the project
shall include the following riparian corridor enhancements:
a. Removal of several existing structures located within the required creek setback area as
shown on the Demolition Site Plan.
b. Removal of invasive plant materials as described in the Riparian Management Plan
prepared by firma.
c. Creation of expanded riparian restoration areas as shown on Exhibit 2 of the Riparian
Management Plan.
d. Construction of the emergency access road to be of turf pavers planted with riparian
grasses.
Monitoring Program:
Community Development Department staff shall monitor compliance with this requirement by
insuring that the working drawings for a building permit include all required enhancements and
through subsequent inspections with the Natural Resources Manager.
Resolution No. 9420 (2003 Series)
Page 5
Mitigation Measure 8:
The applicant shall provide a long -range maintenance program for the site's riparian zones which
includes the following:
a. Provision for "specialized' trimming and mowing of the grasses to be planted in the
reinforced plastic grid structural system of the emergency access road, recognizing the
effort to incorporate this area as a functional part of the riparian area.
b. Installation of a "soft" barrier to discourage public access to riparian zones, such as a
split -rail fence between riparian planting and other site improvements, and gates or
bollards at the end of the emergency access road.
c. Limitations shall be established for use of the emergency access road to ensure that it
does not become a service and maintenance driveway that invites frequent use.
d. Placements of educational signage at appropriate locations.
e. Requirements for early and on -going inspections by Community Development
Department staff and the Natural Resources Manager.
f. Establishment of a 5 -year monitoring program, which includes the submittal of semi-
annual progress reports.
Monitoring Program:
The City's Natural Resources Manager will be the lead in reviewing the long -range maintenance
program with the assistance of the Community Development Department. The provisions of the
plan will need to be in place prior to occupancy and will require on -going implementation.
Mitigation Measure 9:
To assure that the project is consistent with the Secretary of the Interior's Standards for
Treatment of Historic Properties, the recommended conditions of the CHC are included as
mitigation measures.
a. A detailed HABS/HAER historic inventory report shall be prepared on all existing
buildings in the Motel Inn complex before demolition or construction.
b. At least one of the original bungalows shall be preserved and rehabilitated. Preservation
means making the footprint as authentic as possible, using recycled building components
from the demolished bungalows such as doors, windows and roof tiles, and attempting to
preserve the gypsum block walls. If preservation of the gypsum block walls is not
feasible, then the rebuilt walls shall have the texture, density and color of the original
walls to the greatest degree possible.
Resolution No. 9420 (2003 Series)
Page 6
c. The locations of the original courtyard pathways should be retained, although widths may
be modified as needed to comply with the Americans with Disabilities Act.
d. The roof of the "Ramada" section should be lowered as much as possible to resemble its
original design.
e. Retain architectural elements removed from the original buildings and reuse or display
them in the museum on site.
f. Retain the site's historic landscape features.
g. Explore reducing the scale of the buildings in the northeast building wing of the Motel
Inn.
h. Reconsider the scale of the entry tower for the Apple Farm addition.
i. Provide further articulation of the conference building walls and roof to reflect scale and
massing of original Motel Inn buildings.
Monitoring_ Program:
The Architectural Review Commission shall monitor compliance with this requirement through
the review of detailed plans. Community Development Department staff will then verify
compliance with their review of working drawings for a building permit and subsequent
inspections.
Mitigation Measure 10:
If excavations encounter significant paleontological resources, archaeological resources or
cultural materials, then construction activities that may affect them shall cease until the extent of
the resource is determined and the Community Development Director approves appropriate
protective measures. The Community Development Director shall be notified of the extent and
location of discovered materials so that a qualified archaeologist may record them.
Monitoring Pro am:
Compliance with this requirement shall be monitored through inspections during project
construction by the Community Development Department staff.
Mitigation Measure 11:
If pre - historic Native American artifacts are encountered, a Native American monitor shall be
called in to work with the archaeologist to document and remove the items. Disposition of
artifacts shall comply with state and federal laws. A note concerning this requirement shall be
included on the grading and construction plans for the project.
Resolution No. 9420 (2003 Series)
Page 7
Monitoring_ Program:
Compliance with this requirement shall be monitored through inspections during project
construction by the Community Development Department staff.
Mitigation Measure 12:
The project shall incorporate the following as feasible:
• Skylights to maximize natural day lighting.
• Operable windows to maximize natural ventilation.
• Energy - efficient lighting systems for both interior and exterior use.
Monitoring Program:
Compliance with this requirement shall be monitored through the review of plans submitted for a
building permit by the Community Development Department staff.
Mitigation Measure 13:
A detailed soils engineering report shall to be submitted, as approved, as part of the grading and
building permit applications. The soils report shall include: data regarding the nature,
distribution and strength of the existing soils, conclusions and recommendations for grading
procedures including recommendations to ensure that there are no impacts to the creek, and
design criteria for corrective measures, when necessary. Grading and building must be designed
and performed in compliance with the soils engineering report.
Monitoring Program:
The Community Development Department staff will review the recommendations included in
the soils engineering report along with working drawings submitted for a building permit.
Mitigation Measure 14:
The applicant shall follow the recommendations contained in the Phase I environmental site
assessment prepared by Ceres Associates to confirm that any contamination issues have been
adequately addressed prior to site development. All contamination issues must be resolved to the
satisfaction of the Fire Chief prior to construction.
Resolution No. 9420 (2003 Series)
Page 8
Monitoring Program:
The Fire Department shall be the lead in reviewing any subsequent studies necessary and
assuring that any site clean-up has taken place prior to building permits being issued.
Mitigation Measure 15:
Oil and sand separators or other filtering media shall be installed at each drain inlet intercepting
runoff as a means of filtering toxic substances from run off before it enters the creek directly or
through the storm water system. The separator must be regularly maintained to ensure efficient
pollutant removal and to prevent drains from plugging up and overflowing. Best Management
Practices (BMPs) for drainage shall be followed.
Monitoring Program:
Compliance with this requirement shall be monitored through the review of detailed plans
submitted for building permit primarily by the Utilities Department.
Mitigation Measure 16:
The Architectural Review Commission with their review of project development plans needs to
insure that outdoor use areas are properly attenuated from noise if they require significant
changes to building heights or wall locations surrounding these areas.
Monitoring Program:
The Architectural Review Commission shall monitor compliance with this requirement through
the review of detailed plans. Community Development Department staff will then verify
compliance with their review of working drawings for a building permit and subsequent
inspections.
Mitigation Measure 17:
The Planning Commission with their review of the required use permit shall evaluate whether
proposed decks as designed are consistent with the intent of Criterion No. 2 of Ordinance No.
1130.
Monitoring Program:
The Planning Commission shall monitor compliance with this requirement through the review of
detailed plans. Community Development Department staff will then verify compliance with
their review of working drawings for a building permit and subsequent inspections.
Resolution No. 9420 (2003 Series)
Page 9
Mitigation Measure 18:
To help reduce the waste stream generated:
a. The project shall include convenient facilities for interior and exterior on -site recycling.
b. The project shall include a solid waste recycling plan for recycling discarded materials, such
as concrete, sheetrock, wood, and metals, from the construction site. The plan must be
submitted for approval by the City's Solid Waste Coordinator or the Community
Development Director, prior to building permit issuance.
c. Recycled- content materials shall be used in structural and decorative building components of
the project and in surfacing wherever feasible.
Monitoring Program:
Compliance with this requirement shall be monitored through the review of detailed plans
submitted for architectural review and building permit primarily by the Community
Development Department staff with consultation with the Utilities Department.
SECTION 2. Tentative Tract Man. The City Council hereby approves Tentative Tract
Map Application No. TR 122 -01 (County Map No. 2500), a request to establish a 48 -unit air -space
condominium, based on the following findings:
1. The design of the tentative map and proposed improvements are consistent with the General
Plan.
2. The site is physically suited for the type and density of development allowed in the C -T -S zone..
3. The design of the tentative map and the proposed improvements are not likely to cause serious
health problems, substantial environmental damage or substantially and unavoidably injure fish
or wildlife or their habitat.
4. The design of the subdivision or the type of improvement will not conflict with easements for
access through, or use of property within, the proposed subdivision.
SECTION 3. Tentative Tract Mai). The City Council hereby approves Tentative Tract.
Map Application No. TR 122 -01 (County Map No. 2500), a request to establish a 48 -unit air -space
condominium, subject to the following conditions and code requirements:
Resolution No. 9420 (2003 Series)
Page 10
Conditions
1. The applicant shall submit a final map to the city for review, approval, and recordation. The
map shall be prepared by, or under the supervision of a registered civil engineer or licensed
land surveyor. The final map shall be prepared in accordance with the Subdivision Map Act
and the Subdivision Regulations.
2. 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
space in real world coordinates,. NAD 83 - m).
3. The final map 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.
4. The applicant shall establish CC &Rs for the regulation of land use control of nuisances and
architectural control of the building and facilities. These CC &Rs shall be approved by -the
Community Development Director and administered by a property owners' association.
5. There shall be no change in city - regulated provisions of the CC&Rs without prior approval of
the Community Development Director.
6. The applicant shall include the following provisions in the CC &Rs for the condominium:
a. The property owners' association shall be created to enforce the CC&Rs and provide
for professional, perpetual maintenance of common areas, including, but not limited
to, the driveway, parking lot, landscaping, sewer, utilities, and building exteriors.
b. The right shall be granted to the city to maintain common areas if the property
owners' association fails_ to do so and to assess said association. for expenses
incurred.
C. Owner occupancy shall not exceed 28 days per year aggregate, including a limitation
of no more than 7 days between Memorial and Labor days.
d. Owners shall be obligated to pay transient occupancy taxes, or an equivalent fee in-
lieu thereof, to the city in the form presented in the draft CC&.Rs for the project.
Resolution No. 9420 (2003 Series)
Page 11
7. The Monterey Street access improvements shall be completed to the satisfaction of the Public
Works Director and CalTrans prior to development or recordation of the final map.
8. The applicant shall submit surveyed cross - sections along the creek channel prepared by a
licensed surveyor or civil engineer to assure that the setbacks shown on working drawings for
new buildings and other improvements are consistent with approved plans and any approved
exceptions to the City's Creek Setback Ordinance.
9. A soils engineer shall evaluate the condition of the creek bank adjacent to the project and
submit a report to the Director of Public Works and Building Official for review. If the
evaluation identifies recommended slope stabilization or erosion protection, the developer
shall comply with said recommendations, to the satisfaction of the Director of Public Works
and Building Official. Appropriate permits from applicable agencies must be obtained.
10. The final map shall include any required easements required for the reasonable development
of the affected properties. Easements may include but are not limited to grading, drainage,
water, sewer, storm drainage, access, vehicle turn - around, and utilities. Any maintenance
agreements shall be completed and recorded before or concurrent with final map approval..
11. The demolition/remodel of the existing building triggers the Utilities Department Sewer Lateral
Abandonment Policy. This policy states that the sewer lateral must be abandoned at the main
prior to demolition unless the lateral is intended for reuse and it passes a video inspection. If the
sewer lateral is intended for reuse, the owner shall submit a VHS videotape documenting the
internal condition of the pipe to the Utilities Department for approval.
12. The irrigation systems for common areas, detention basins, and other large landscape areas
shall be designed and constructed as separate systems from the domestic water service, or be
designed and constructed such that they may be easily separated from the domestic service,
to allow for the potential future use of reclaimed water, well water or other non - potable water
source. Appropriate backflow protection shall be installed with to the satisfaction of the
County Cross Connection Inspector, Henry Ruiz.
13. Pursuant to Government Code Section 66474.9(b)(1), the subdivider shall defend, indemnify
and hold harmless the City or its agents, officers and employees from any claim, action, or
proceeding against the City or it agents, officers or employees to attack, set aside, void or
annul an approval of the City, advisory agency, appeal board or legislative body concerning
this subdivision. The City shall promptly notify the subdivider of any claim, action or
proceeding and shall cooperate fully in the defense.
l
i
Resolution No. 9420 (2003 Series)
Page 12
Code Requirements
1. Separate sewer, water and other utility services are required to serve each separate parcel
with development on any parcel, to the satisfaction of the Utilities Engineer, Public Works
Director and the respective utility companies.
2. The owner's engineer shall submit water demand and wastewater generation calculations so
that the City can make a determination as to the adequacy of the supporting infrastructure. If
it is discovered that an offsite deficiency exists, the owner will be required to mitigate the
deficiency as a part of the overall project.
3. A water allocation is required, due to the additional demand on the City's water supplies.
The City currently has water to allocate, and does so on a "first -come, first- served" basis.
Water is allocated at the time building permits are issued and the Water Impact Fee is paid.
Both the Water and the Wastewater Impact Fees are based on the size of the water meter(s)
serving the development with appropriate credit given for prior accounts on the property.
Water and Wastewater Impact Fees shall be paid at the time building permits are issued.
4. Appropriate backflow prevention will be necessary on any connection to the City water
system due to the existing well on the property. If the well is not to be used, this requirement
can be avoided by properly destroying the well in accordance with the standards of the
County Department of Environmental Health. If deemed suitable, the well can be used for
irrigation purposes, thereby reducing the amount of the required water allocation. All
backflow preventers shall be approved by the University of Southern California Foundation
for Cross - Connection Control and Hydraulic Research, and shall be located within twenty -
five feet (25') of a public main. The project shall be coordinated with the County Cross -
Connection Inspector, Henry Ruiz.
5. The subject property is situated primarily within Flood Hazard Zone B. The San Luis Obispo
Creek and certain portions of "overbank" areas lie within Flood Zone A. The 100 -year storm
flood elevation varies between El. 285 and El. 295 ( + / -) along the creek frontage of the site,
from the southerly to northerly property lines. (1929 USGS datum) All proposed new
structures lie within a B -Zone, which simply requires all finished floors of new buildings to
be at least one -ft. above current adjacent grade..
6. The grading and site plans and building elevations must utilize City datum and provide notes
in this regard. It should be noted that the current City datum is 0.749 in (2.46 ft.) higher than
the 1929 USGS datum, which is the datum on the flood hazard maps. Appropriate cross-
referencing of this equation is therefore required on the plans.
Resolution No. 9420 (2003 Series)
Page 13
7. A separate connection shall be required for automatic fire sprinklers. The fire service lateral
shall include a USC approved backflow preventer appropriate for the proposed use. The
backflow preventer shall be located as close to the public right -of -way as possible, in direct
alignment with the connection to the public water main. The backflow preventer can be
located no further than 25 feet from the right -of -way line without prior written approval of
the Utilities Engineer. If the fire service supports one or more fire hydrants, the USC
approved backflow preventer shall also include detector capabilities (double detector check
assembly). The FDC may be located behind the backflow prevention assembly, in
accordance with manufacturer's recommendations. The location and orientation of the FDC
shall be approved by the Fire Department.
8. By ordinance, the applicant is required to prepare a recycling plan for approval by the City to
address the recycling of construction waste for projects valued at over $50,000 or demolition
of structures over 1000 square feet. The recycling plan shall be submitted to the Building
Department with the building plans. The City's Solid Waste Coordinator can provide some
guidance in the preparation of an appropriate recycling plan.
On motion of Council Member Settle, seconded by Council Member Ewan, and on the
following roll call vote:
AYES: Council Members Ewan and Settle, Vice Mayor Mulholland and Mayor Romero
NOES: Council Member Schwartz
ABSENT: None
The foregoing resolution was adopted this 4s' day of February 2003.
Mayor David F. Romero
Lee Price, C.M .'C.
City Clerk
APPROVED AS TO FO
Gilbert A. Trujillo
Acting City Attorney
1-1).C"-
RESOLUTION NO. 9419 (2003 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO DENYING AND UPHOLDING
AN APPEAL OF A TREE REMOVAL REQUEST
AT 2389 HELENA STREET
WHEREAS, the Tree Committee of the City of San Luis Obispo held a public hearing on
December 16, 2002, and approved the applicant's request to remove three (3) Modesto Ash trees
located in the parkway at 2389 Helena Street, San Luis Obispo, California; and
WHEREAS, on February 4, 2003, the City Council of the City of San Luis Obispo held a
public hearing to consider the appeal of the removal of three (3) Modesto Ash trees,
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Findings: That this Council, after consideration of the applicant's appeal,
and the San Luis Obispo Tree Committee's action, staff recommendations and reports thereon,
makes the following finding:
a. The appeal to allow the removal of two (2) Modesto Ash trees and replanting of two (2)
trees will promote good arboricultural practice because age and species diversity is desirable
within a healthy urban forest.
b. The appeal of the request to allow the removal of one (1) Modesto Ash tree on San Carlos is
hereby upheld.
Upon motion of Council Member Settle seconded by Council Member Mulholland, and on
the following roll call vote:
AYES:
Council Members Settle, Vice Mayor Mulholland and Mayor Romero
NOES:
Council Member Schwartz
ABSENT:
Council Member Ewan
The foregoing resolution was adopted this 4t' day of February 2003.
Mayor David F. Romero
Lee Price, C.M.C.
City Clerk
R 9419
Resolution No. 9419 (2003 Series)
Page 2
APPROVED AS TO FORM:
—Gilbert A. T o
Acting City Attorney
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RESOLUTION NO. 9418 (2003 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING A MITIGATED NEGATIVE DECLARATION
AND APPROVING A USE PERMIT
FOR THE REDEVELOPMENT OF THE MOTEL INN SITE
LOCATED AT 2223 MONTEREY STREET
(APPLICATIONS NO. A & ER 122 -01)
WHEREAS, public hearings on this project regarding the use permit and environmental
review were held before the Planning Commission on January 8, 2003, and the City Council on
February 4, 2003; and
WHEREAS, the Mitigated Negative Declaration was considered by the City Council after
extensive review by City staff and other agencies, and with the comments of the Planning
Commission and concerned public; and
WHEREAS, the potential environmental impacts of the project have been evaluated in
accordance with the California Environmental Quality Act and the City's Environmental
Guidelines.
NOW, THEREFORE, BE IT RESOLVED by the City Council as follows:
SECTION 1. Environmental Detennination. The City Council hereby adopts the
Mitigated. Negative Declaration for the Motel Inn Redevelopment Project finding that it adequately
identifies the project's potentially significant impacts with the inclusion of the following mitigation
measures and monitoring program:
Mitigation Measure 1:
The Architectural Review Commission shall carefully evaluate project building colors and
details of the Apple Farm building to insure that the project's massing appears in context with
existing vegetation and the hills beyond when viewed from the highway corridor.
Monitoring
The Architectural Review Commission shall monitor compliance with this requirement through
the review of detailed plans. Community Development Department staff will then verify
compliance with their review of working drawings for a building permit and subsequent
inspections.
R9418
K
Resolution No. 9418
Page 2
Mitigation Measure 2:
All exterior lighting shall be shielded down - lights that do not shine skyward or spill onto
adjacent properties to the review and approval of the Architectural Review Commission (ARC).
Lighting between the buildings and the creek shall be limited in intensity and scale necessary for
security and identification. Plans submitted for final review by the ARC shall include details of
wall- mounted light fixtures with illumination levels and shielding mechanisms. This shall
include decorative wall lights, as well as service area wall pack lights. If proposed, details of any
pole or bollard lights shall also be included in plans reviewed by the ARC. New lighting
standards shall not exceed 20 feet in height, from the approved finished grade to the top of the
fixture. Illumination levels at the finished grade below the lighting fixtures shall not exceed 10
footcandles under the fixture and 3 footcandles at the dimmest point, which shall be confirmed
with photometric plans submitted with working drawings.
Monitoring Pro rg_.
The Architectural Review Commission shall monitor compliance with this requirement through
the review of detailed plans. Community Development Department staff will then verify
compliance with their review of working drawings for a building permit and subsequent
inspections.
Mitigation Measure 3:
The following mitigation measures shall constitute a dust mitigation plan which shall become a
part of working drawings and be in effect during project construction:
a. The amount of disturbed area shall be reduced where possible.
b. The permanent dust control measures identified in the approved revegetation and
landscape plans should be implemented as soon as possible following completion of any
soil disturbing activities.
c. Water trucks or sprinkler systems shall be used to prevent airborne dust from leveling the
site. Increased watering frequency would be required whenever wind speeds exceed
15mph. Reclaimed (non - potable) water should be used whenever possible.
d. Exposed ground areas, which are to be reworked at dates greater than one month after
initial grading, should be sown with a fast - germinating native grass seed and watered
until vegetation is established.
e. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as
possible. In addition, building pads should be laid as soon as possible after grading
unless seeding or soil binders are used.
f. Vehicle speed for all construction vehicles shall not exceed 15mph on any unpaved
surface at the construction site.
Resolution No. 9418
Page 2
Mitigation Measure 2:
All exterior lighting shall be shielded down - lights that do not shine skyward or spill onto
adjacent properties to the review and approval of the Architectural Review Commission (ARC).
Lighting between the buildings and the creek shall be limited in intensity and scale necessary for
security and identification. Plans submitted for final review by the ARC shall include details of
wall- mounted light fixtures with illumination levels and shielding mechanisms. This shall
include decorative wall lights, as well as service area wall pack lights. If proposed, details of any
pole or bollard lights shall also be included in plans reviewed by the ARC. New lighting
standards shall not exceed 20 feet in height, from the approved finished grade to the top of the
fixture. Illumination levels at the finished grade below the lighting fixtures shall not exceed 10
footcandles under the fixture and 3 footcandles at the dimmest point, which shall be confirmed
with photometric plans submitted with working drawings.
Monitoring Program:
The Architectural Review Commission shall monitor compliance with this requirement through
the review of detailed plans. Community Development Department staff will then verify
compliance with their review of working drawings for a building permit and subsequent
inspections.
Mitigation Measure 3:
The following mitigation measures shall constitute a dust mitigation plan which shall become a
part of working drawings and be in effect during project construction:
a. The amount of disturbed area shall be reduced where possible.
b. The permanent dust control measures identified in the approved revegetation and
landscape plans should be implemented as soon as possible following completion of any
soil disturbing activities.
c. Water trucks or sprinkler systems shall be used to prevent airborne dust from leveling the
site. Increased watering frequency would be required whenever wind speeds exceed
15mph. Reclaimed (non - potable) water should be used whenever possible.
d. Exposed ground areas, which are to be reworked at dates greater than one month after
initial grading, should be sown with a fast - germinating native grass seed and watered
until vegetation is established.
e. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as
possible. In addition, building pads should be laid as soon as possible after grading
unless seeding or soil binders are used.
f. Vehicle speed for all construction vehicles shall not exceed 15mph on any unpaved
surface at the construction site.
Resolution No. 9418
Page 3
Monitoring Program:
J;
Community Development Department staff shall monitor compliance with this requirement by
insuring that the dust mitigation plan becomes a part of working drawings. The Building
Inspector and Public Works Inspectors shall conduct field monitoring.
Mitigation Measure 4:
The project will implement an aggressive parking demand reduction and management program.
This program will include designation of a Transportation Coordinator who will manage
transportation programs for the project and shall promote alternative modes of transportation. The
program will provide for preferential carpool/vanpool parking, continued shuttle service, and
discount transit. The project applicant will be required to submit an implementation plan to the
City Transportation Division, for review and approval or amendment, which demonstrates how this
mitigation measure will be achieved.
Monitoring Program:
City Transportation Division staff will be the lead in reviewing the parking demand reduction and
management program with the assistance of the Community Development Department. The
provisions of the plan will need to be in place prior to occupancy and will require on -going
implementation.
Mitigation Measure 5:
The applicant shall contact the Air Pollution Control District prior to submitting a building
permit application for the project and shall comply with all requirements of the Asbestos ATCM,
to the approval of APCD and the Community Development Director.
Monitoring Program:
The applicant shall coordinate with APCD prior to building permit issuance to meet
requirements. Community Development shall monitor by insuring that the requirement has been
met prior to signing off on working drawings.
C,,
Resolution No. 9418
Page 4
Mitigation Measure 6:
The applicant shall have a United States Fish & Wildlife Service (USFWS) protocol survey for
the potential presence of the California red - legged frog conducted prior to the onset of project
construction. The results of this survey shall be submitted to the City of San Luis Obispo
Community Development Director for review and a determination of need for further action. If
frogs were found in the creek area, then appropriate protective facilities would need to be
installed. If frogs were found on the work site, then City staff will consult with the USFWS.
If construction activities are scheduled to begin between March 1" and August 30th, then the
applicant shall hire a qualified biological consultant to conduct a follow -up inspection of the site
to determine the status of the potential red - shouldered hawk nest and to identify any nesting
birds in the area. If the nest is active, it may be necessary to reschedule construction activities to
determine appropriate disturbance perimeters around the nest.
Monitoring Program:
The City's Natural Resources Manager shall be the lead in reviewing the study and coordinating
with other agencies.
Mitigation Measure 7:
If the Planning Commission approves the requested creek setback exceptions, then the project
shall include the following riparian corridor enhancements:
a. Removal of several existing structures located within the required creek setback area as
shown on the Demolition Site Plan.
b. Removal of invasive plant materials as described in the Riparian Management Plan
prepared by firma.
c. Creation of expanded riparian restoration areas as shown on Exhibit 2 of the Riparian
Management Plan.
d. Construction of the emergency access road to be of turf pavers planted with riparian
grasses.
Monitoring Program:
Community Development Department staff shall monitor compliance with this requirement by
insuring that the working drawings for a building permit include all required enhancements and
through subsequent inspections with the Natural Resources Manager.
Resolution No. 9418
Page 5
Mitigation Measure 8:
The applicant shall provide a long -range maintenance program for the site's riparian zones which
includes the following:
a. Provision for "specialized" trimming and mowing of the grasses to be planted in the
reinforced plastic grid structural system of the emergency access road, recognizing the
effort to incorporate this area as a functional part of the riparian area.
b. Installation of a "soft" barrier to discourage public access to riparian zones, such as a
split -rail fence between riparian planting and other site improvements, and gates or
bollards at the end of the emergency access road.
c. Limitations shall be established for use of the emergency access road to ensure that it
does not become a service and maintenance driveway that invites frequent use.
d. Placements of educational signage at appropriate locations.
e. Requirements for early and on -going inspections by Community Development
Department staff and the Natural Resources Manager.
f. Establishment of a 5 -year monitoring program, which includes the submittal of semi-
annual progress reports.
Monitoring Program:
The City's Natural Resources Manager will be the lead in reviewing the long -range maintenance
program with the assistance of the Community Development Department. The provisions of the
plan will need to be in place prior to occupancy and will require on -going implementation.
Mitigation Measure 9:
To assure that the project is consistent with the Secretary of the Interior's Standards for
Treatment of Historic Properties, the recommended conditions of the CHC are included as
mitigation measures.
a. A detailed HABS/HAER historic inventory report shall be prepared on all existing
buildings in the Motel Inn complex before demolition or construction.
b. At least one of the original bungalows shall be preserved and rehabilitated. Preservation
means making the footprint as authentic as possible, using recycled building components
from the demolished bungalows such as doors, windows and roof tiles, and attempting to
preserve the gypsum block walls. If preservation of the gypsum block walls is not
feasible, then the rebuilt walls shall have the texture, density and color of the original
walls to the greatest degree possible.
c. The locations of the original courtyard pathways should be retained, although widths may
be modified as needed to comply with the Americans with Disabilities Act.
Resolution No. 9418
Page 6
d. The roof of the "Ramada" section should be lowered as much as possible to resemble its
original design.
e. Retain architectural elements removed from the original buildings and reuse or display
them in the museum on site.
f. Retain the site's historic landscape features.
g. Explore reducing the scale of the buildings in the northeast building wing of the Motel
Inn.
h. Reconsider the scale of the entry tower for the Apple Farm addition.
i. Provide further articulation of the conference building walls and roof to reflect scale and
massing of original Motel Inn buildings.
Monitoring Program:
The Architectural Review Commission shall monitor compliance with this requirement through
the review of detailed plans. Community Development Department staff will then verify
compliance with their review of working drawings for a building permit and subsequent
inspections.
Mitigation Measure 10:
If excavations encounter significant paleontological resources, archaeological resources or
cultural materials, then construction activities that may affect them shall cease until the extent of
the resource is determined and the Community Development Director approves appropriate
protective measures. The Community Development Director shall be notified of the extent and
location of discovered materials so that a qualified archaeologist may record them.
Monitoring Prop-ram:
Compliance with this requirement shall be monitored through inspections during project
construction by the Community Development Department staff.
Mitigation Measure 11:
If pre - historic Native American artifacts are encountered, a Native American monitor shall be
called in to work with the archaeologist to document and remove the items. Disposition of
artifacts shall comply with state and federal laws. A note concerning this requirement shall be
included on the grading and construction plans for the project.
Monitoring Program:
Compliance with this requirement shall be monitored through inspections during project
construction by the Community Development Department staff.
Resolution No. 9418
Page 7
Mitigation Measure 12:
The project shall incorporate the following as feasible:
• Skylights to maximize natural day lighting.
• Operable windows to maximize natural ventilation.
• Energy - efficient lighting systems for both interior and exterior use.
Monitoring Program:
Compliance with this requirement shall be monitored through the review of plans submitted for a
building permit by the Community Development Department staff.
Mitigation Measure 11.
A detailed soils engineering report shall to be submitted, as approved, as part of the grading and
building permit applications. The soils report shall include: data regarding the nature,
distribution and strength of the existing soils, conclusions and recommendations for grading
procedures including recommendations to ensure that there are no impacts to the creek, and
design criteria for corrective measures, when necessary. Grading and building must be designed
and performed in compliance with the soils engineering report.
Monitoring Proms
The Community Development Department staff will review the recommendations included in
the soils engineering report along with working drawings submitted for a building permit.
Mitigation Measure 14:
The applicant shall follow the recommendations contained in the Phase I environmental site
assessment prepared by Ceres Associates to confirm that any contamination issues have been
adequately addressed prior to site development. All contamination issues must be resolved to the
satisfaction of the Fire Chief prior to construction.
Monitoring Program:
The Fire Department shall be the lead in reviewing any subsequent studies necessary and
assuring that any site clean-up has taken place prior to building permits being issued.
Resolution No. 9418
Page 8
Mitigation Measure 15:
Oil and sand separators or other filtering media shall be installed at each drain inlet intercepting
runoff as a means of filtering toxic substances from run off before it enters the creek directly or
through the storm water system. The separator must be regularly maintained to ensure efficient
pollutant removal and to prevent drains from plugging up and overflowing. Best Management
Practices (BMPs) for drainage shall be followed.
Monitoring Prop am:
Compliance with this requirement shall be monitored through the review of detailed plans
submitted for building permit primarily by the Utilities Department.
Mitigation Measure 16:
The Architectural Review Commission with their review of project development plans needs to
insure that outdoor use areas are properly attenuated from noise if they require significant
changes to building heights or wall locations surrounding these areas.
Monitoring Program:
The Architectural Review Commission shall monitor compliance with this requirement through
the review of detailed plans. Community Development Department staff will then verify
compliance with their review of working drawings for a building permit and subsequent
inspections.
Mitigation Measure 17:
The Planning Commission with their review of the required use permit shall evaluate whether
proposed decks as designed are consistent with the intent of Criterion No. 2 of Ordinance No.
1130.
Monitoring Program:
The Planning Commission shall monitor compliance with this requirement through the review of
detailed plans. Community Development Department staff will then verify compliance with
their review of working drawings for a building permit and subsequent inspections.
Mitigation Measure 18:
To help reduce the waste stream generated:
a. The project shall include convenient facilities for interior and exterior on -site recycling.
Resolution No. 9418
Page 9
b. The project shall include a solid waste recycling plan for recycling discarded materials, such
as concrete, sheetrock, wood, and metals, from the construction site. The plan must be
submitted for approval by the City's Solid Waste Coordinator or the Community
Development Director, prior to building permit issuance.
c. Recycled- content materials shall be used in structural and decorative building components of
the project and in surfacing wherever feasible.
Monitoring Program:
Compliance with this requirement shall be monitored through the review of detailed plans
submitted for architectural review and building permit primarily by the Community
Development Department staff with consultation with the Utilities Department.
SECTION 2. Use Permit. The City Council hereby approves Use Permit Application No.
A 122 -01, a request to allow further development of the site zoned C -T -S, including requested
creek setback exceptions, C /OS building height exceptions, and a mixed -use and shared parking
reduction, based on the following findings:
General Project Findings
1. The proposed project, as conditioned, will not adversely affect the health, safety or welfare of
persons living or working at the site or in the vicinity.
2. The proposed project, as conditioned by this use permit, and with development in accordance
with plans ultimately approved by the Architectural Review Commission (ARC 122 -01), is
appropriate at this location and will be compatible with surrounding land uses.
3. The proposed use conforms to the general plan and meets zoning ordinance requirements in
accordance with the Special Considerations "S" overlay zoning of the site. The special
considerations with this site were implemented through Citywide Rezoning CR 1405 (City
Council Ordinance No. 1130 (1989 Series)) and include: the site's relationship to the creek,
and land use compatibility issues with the nearby single - family homes on the other side of
the creek.
4. The special considerations of the site will be adequately addressed by adopted mitigation
measures and conditions of ARC and use permit approval.
Resolution No. 9418
Page 10
Creek Setback Exceptions
5. The location and design of the small encroaching portion of the Apple Farm Phase 2
building, the decomposed granite pathway, and the emergency access road will minimize
impacts to scenic resources, water quality, and riparian habitat, including opportunities for
wildlife habitation, rest and movement because the encroaching building is relatively minor
in scale and is located along a portion of the creek where the adjacent willows have expanded
significantly in recent years, the pathway is minor in extent within the setback and will allow
for continued water percolation into the ground, and the road will be constructed of a
reinforced plastic grid structural system that will be planted with riparian grasses.
6. The exception will not limit the City's design options for providing flood control measures
that are needed to achieve adopted City flood policies because the project creek banks and
stream channel will be essentially unaltered with project development.
7. The exception will not prevent the implementation of City- adopted plans, nor increase the
adverse environmental effects of implementing such plans because along with the minor
exceptions requested, the project will enhance the health and vitality of the riparian corridor
by the removal of existing encroaching buildings and other invasive plant species.
8. There are circumstances applying to the site, such as shape and topography, that do not apply
generally to land in the vicinity with the same zoning, that would deprive the property of
privileges enjoyed by other property in the vicinity with the same zoning because the project
site is irregularly shaped and has an extensive amount of lineal creek frontage, about 977
feet.
9. The exception will not constitute a grant of special privilege — an entitlement inconsistent
with the limitations upon other properties in the vicinity with the same zoning - because
surrounding properties have significantly greater encroachments into the required creek
setback and the project will remove existing structures which encroach into the setback.
10. The exception will not be detrimental to the public welfare or injurious to other property in
the area of the project or downstream because the project will screen the parking lot from
neighboring residential development by keeping it below motel units, provide emergency
access, and maintain access to a City waterline easement on the north side of the building.
v
Resolution No. 9418
Page 11
11. Site development cannot be accomplished with a redesign of the project because the creek
setback is only one of several significant site constraints which include access and circulation
issues, proximity of Highway 101 and noise, a City water line easement on the north side of
the property which structures cannot be built across, and the protection of an important
historic resource. Specifically, the existing main building of the Motel Inn is a Master List
historic property, and retaining this building in its present location, as well as rebuilding the
bungalow units behind it, are a driving force in the project design and the ultimate location of
building footprints, which limit development options on other portions of the site.
12. Redesign of the project would deny the property owner reasonable use of the property
because the current design actually appreciably enhances the health and extent of the riparian
corridor by the removal of existing buildings located in the creek setback area, removal of
invasive plant materials that have taken a foothold along the creek bank, and new planting of
riparian plant materials to augment existing desirable vegetation, and significant changes
have already been made to the design of the project to eliminate units and pull
encroachments out of the required creek setback areas. Further reductions in the number of
motel units in the project could make the redevelopment of the site financially infeasible.
13. The encroaching portion of the Apple Farm Phase 2 building occurs where the top of bank
and creek flow line are at their most distant points from one another, but the developable
portion of the site is at its narrowest. This is also the location where adjacent willows have
expanded significantly in recent years and have pushed the creek setback line further into the
project site.
C /OS Boundary Building Height Exceptions
14. The project is consistent with the height restrictions included in Criterion 9 of Ordinance No.
1130 because:
• The proposed project includes a variable building facade along the creek bank, rather
than a "flat" or uniform facade parallel to the creek; and
• Project plans as submitted propose about one -half the volume that would be allowed
within 50 feet of the C /OS -5 boundary under the 25' height limit.
Shared and Mixed -Use Parking Reduction
15. There is evidence to indicate that granting a 30% shared and mixed -use parking reduction will
not result in poor on -site circulation or adversely affect the surrounding neighborhood, with the
addition of the proposed condition, which would allow for a review hearing prior to Phase 2 of
project development being implemented.
Resolution No. 9418
Page 12
16. The proposed project complies with San Luis Obispo Municipal Code Section 17.16.060 A.,
Parking Space Requirements, in that it satisfies the intent of that section which is "... to
minimize the area devoted exclusively to parking and drives when typical demands may be
satisfied more efficiently by shared facilities." Moreover, the project satisfies the requirement
for a shared parking reduction specified in San Luis Obispo Municipal Code Section 17.16.060
B. because there are two separate uses that share common parking areas. In addition, in
accordance with the provisions of Section 17.16.060 C., the times of maximum parking demand
from the proposed uses will not coincide.
17. This approval is consistent with the Air Pollution Control District's (APCD) land use planning
strategies designed to reduce dependence on vehicle travel, and it can be expected that some
trips are consolidated for both uses since motel guests, both from the site and other nearby
motels, walk to the restaurant.
18. The shared and mixed -use parking reduction is appropriate because the range of uses proposed
at the site allows for offsets in the peak hours of demand, there will be consolidated trips to
the site because of the mix of uses, and a condition is proposed which allows for monitoring
of project parking before the final phases are developed.
19. The project will comply with project parking requirements for proposed uses within the C -T-
S zone, with the approval of this use permit which includes a 30% shared and mixed -use
parking reduction, and the condition allowing for project phasing and future review and
monitoring of parking.
SECTION 3. Use Permit. The City Council hereby approves Use Permit Application No.
A 122 -01, a request to allow further development of the site zoned C -T -S, including requested
creek setback exceptions, C /OS building height exceptions, and a mixed -use and shared parking
reduction, subject to the following conditions and code requirements:
Conditions
1. The Monterey Street access improvements shall be completed to the satisfaction of the Public
Works Director and CalTrans prior to final project occupancy. The work may be completed
concurrent with other project components with the submittal of documentation to the City
from CalTrans that the final design documents for the improvements have their approval.
2. The applicant shall submit surveyed cross - sections along the creek channel prepared by a
licensed surveyor or civil engineer to assure that the setbacks shown on working drawings for
new buildings and other improvements are consistent with approved plans and any approved
exceptions to the City's Creek Setback Ordinance.
Resolution No. 9418
Page 13
3. A soils engineer shall evaluate the condition of the creek bank adjacent to the project and
submit a report to the Director of Public Works and Building Official for review. If the
evaluation identifies recommended slope stabilization or erosion protection, the developer
shall comply with said recommendations, to the satisfaction of the Director of Public Works
and Building Official. Appropriate permits from applicable agencies must be obtained.
4. The demolition/remodel of the existing building triggers the Utilities Department Sewer Lateral
Abandonment Policy. This policy states that the sewer lateral must be abandoned at the main
prior to demolition unless the lateral is intended for reuse and it passes a video inspection. If the
sewer lateral is intended for reuse, the owner shall submit a VHS videotape documenting the
internal condition of the pipe to the Utilities Department for approval.
5. The irrigation systems for common areas, detention basins, and other large landscape areas
shall be designed and constructed as separate systems from the domestic water service, or be
designed and constructed such that they may be easily separated from the domestic service,
to allow for the potential future use of reclaimed water, well water or other non - potable water
source. Appropriate backflow protection shall be installed with to the satisfaction of the
County Cross Connection Inspector, Henry Ruiz.
6. The Architectural Review Commission shall consider the following in their review of final
project plans:
a. The scale of the spa elevator tower;
b. The use of glazing or glass block with ground floor patios of Motel Inn to further
attenuate noise; and
c. Elimination of rear floodlights as shown on the lighting plan.
7. The Planning Commission shall review the appropriateness of the full 30% shared and
mixed -use parking reduction component of the use permit prior to the development of Phase
2 of the project, which is the construction of the new Motel Inn rooms and the spa, to monitor
and evaluate whether the amount of provided on -site parking is adequate for all proposed
uses. At the review hearing, the Commission may add, delete, or modify findings or
conditions of approval related to the shared and mixed -use parking reduction component of
the use permit, or reaffirm that the shared and mixed -use reduction is working effectively.
8. Details of how grading will be regulated within the dripline of riparian trees near the top of
creek bank and other techniques for protecting the trees with development shall be specified
on plans submitted for a building permit to the approval of the City Arborist and Planning
staff.
C. n.
Resolution No. 9418
Page 14
Code Requirements
1. Separate sewer, water and other utility services are required to serve each separate parcel
with development on any parcel, to the satisfaction of the Utilities Engineer, Public Works
Director and the respective utility companies.
2. The owner's engineer shall submit water demand and wastewater generation calculations so
that the City can make a determination as to the adequacy of the supporting infrastructure. If
it is discovered that an offsite deficiency exists, the owner will be required to mitigate the
deficiency as a part of the overall project.
3. A water allocation is required, due to the additional demand on the City's water supplies.
The City currently has water to allocate, and does so on a "first -come, first- served" basis.
Water is allocated at the time building permits are issued and the Water Impact Fee is paid.
Both the Water and the Wastewater Impact Fees are based on the size of the water meter(s)
serving the development with appropriate credit given for prior accounts on the property.
Water and Wastewater Impact Fees shall be paid at the time building permits are issued.
4. Appropriate backflow prevention will be necessary on any connection to the City water
system due to the existing well on the property. If the well is not to be used, this requirement
can be avoided by properly destroying the well in accordance with the standards of the
County Department of Environmental Health. If deemed suitable, the well can be used for
irrigation purposes, thereby reducing the amount of the required water allocation. All
backflow preventers shall be approved by the University of Southern California Foundation
for Cross - Connection Control and Hydraulic Research, and shall be located within twenty -
five feet (25') of a public main. The project shall be coordinated with the County Cross -
Connection Inspector, Henry Ruiz.
5. The subject property is situated primarily within Flood Hazard Zone B. The San Luis Obispo
Creek and certain portions of "overbank" areas lie within Flood Zone A. The 100 -year storm
flood elevation varies between El. 285 and El. 295 ( + / -) along the creek frontage of the site,
from the southerly to northerly property lines. (1929 USGS datum) All proposed new
structures lie within a B -Zone, which simply requires all finished floors of new buildings to
be at least one -ft. above current adjacent grade.
6. The grading and site plans and building elevations must utilize City datum and provide notes
in this regard. It should be noted that the current City. datum is 0.749 m (2.46 ft.) higher than
the 1929 USGS datum, which is the datum on the flood hazard maps. Appropriate cross -
referencing of this equation is therefore required on the plans.
Resolution No. 9418
Page 15
7. A separate connection shall be required for automatic fire sprinklers. The fire service lateral
shall include a USC approved backflow preventer appropriate for the proposed use. The
backflow preventer shall be located as close to the public right -of -way as possible, in direct
alignment with the connection to the public water main. The backflow preventer can be
located no further than 25 feet from the right -of -way line without prior written approval of
the Utilities Engineer. If the fire service supports one or more fire hydrants, the USC
approved backflow preventer shall also include detector capabilities (double detector check
assembly). The FDC may be located behind the backflow prevention assembly, in
accordance with manufacturer's recommendations. The location and orientation of the FDC
shall be approved by the Fire Department.
8. By ordinance, the applicant is required to prepare a recycling plan for approval by the City to
address the recycling of construction waste for projects valued at over $50,000 or demolition
of structures over 1000 square feet. The recycling plan shall be submitted to the Building
Department with the building plans. The City's Solid Waste Coordinator can provide some
guidance in the preparation of an appropriate recycling plan.
On motion of council Member Settle, seconded by Council Member Ewan, and on the
following roll call vote:
AYES: Council Members Ewan and Settle, Vice Mayor Mulholland and Mayor Romero
NOES: Council Member Schwartz
ABSENT: None
The foregoing resolution was adopted this 4t' day of February 2003.
�J
Mayor David F. Romero
ATTE
Lee Price, C.M.C.
City Clerk
AP OVED AS TO FO
&e ert . Trujil o
Acting City Attorney
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RESOLUTION NO. 9417 (2003 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
SUPPORTING PASSAGE OF THE CALIFORNIA WILD HERITAGE ACT OF 2002
WHEREAS, the California wild Heritage Act of 2002 will protect a wide diversity of
ecosystems covering nearly 2.5 million acres in 36 counties throughout the State of California
as wilderness, including some 48,780 acres in San Luis Obispo; and
WHEREAS, this bill is similar to other such bills affecting Califomia, such as the
1992 Los Padres Condor and Wild Rivers Bill which created more than 400,000 acres of
wilderness in Los Padres National Forest and created the Machesna Mountain Wilderness and
Garcia Wildemess in San Luis Obispo County; and
WHEREAS, Senator Boxer and her staff have worked diligently for two years to craft
a bill which recognizes other uses of the public lands, and has gained support from businesses,
other Forest users, landowners, and other interested parties; and
WHEREAS, the Act also recognizes the need to continue certain activities such as
prescribed burning, livestock grazing, and other management activities compatible with
wilderness designation.
NOW, THEREFORE BE IT RESOLVED that the City Council hereby:
Urges the Congress of the United States to pass, and President Bush to sign into law,
the California Wild Heritage Act of 2002; and
2. Authorizes the City Administrative Officer to transmit this resolution to
Congresswoman Lois Capps and Congressman William Thomas, and to Senators
Barbara Boxer and Diane Feinstein.
R 9417
Resolution No. 9417 (2003 Series)
Page 2
Upon motion of Council Member Ewan, seconded by Council Member Settle, and on
the following roll call vote:
AYES: Council Members Ewan, Settle, and Schwartz, Vice Mayor Mulholland
and Mayor Romero
NOES: None
ABSENT: None
the foregoing resolution was adopted this 4`h day of February, 2003.
Mayor David F. Romero
ATTEST-
Lee Price, C.M.C.
City Clerk
APPROVED AS TO FO .
Gilbert A. Trujillo,
Acting City Attorney
N
RESOLUTION NO. 9416 (2003 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
SUPPORTING THE "CONSERVATION FRAMEWORK" OF
A CONSERVATION TRANSACTION BETWEEN THE HEARST CORPORATION
AND AMERICAN LAND CONSERVANCY REGARDING THE HEARST RANCH
IN NORTHWESTERN SAN LUIS OBISPO COUNTY
WHEREAS, the 82,000 acre Hearst Ranch in northwestern San Luis Obispo County
represents one of the most significant conservation opportunities in the Nation; and
WHEREAS, the Hearst Corporation and the American Land Conservancy have agreed to a
"Conservation Framework" for the Hearst Ranch which would balance continued agricultural uses,
protection of significant natural and scenic resources, a strict limitation on future development, and
public access to 18 miles of pristine shoreline areas.
NOW, THEREFORE BE IT RESOLVED that the City Council hereby:
Endorses the "Conservation Framework" and urges the American Land Conservancy and
the Hearst Corporation to continue their good -faith negotiations for a publicly disclosed,
detailed conservation transaction consistent with the "Conservation Framework" and
capable of gaining the support of grant making agencies and foundations; and
2. Authorizes and directs the City Administrative Officer to transmit this resolution to the
affected parties.
Upon Motion of Council Member Ewan, Seconded by Council Member Settle, and on the
following roll call vote:
AYES: Council Members Ewan, Settle, and Schwartz, Vice Mayor Mulholland and
Mayor Romero
NOES: None
ABSENT: None
the foregoing resolution was adopted this 4"' day of February 2003
Mayor David F. Romero
Lee Price, C.M.C.
City Clerk
AP VED AST RM:
filbert A. Trujillo,
Acting City Attorney
R 9416
ILXJ • O
CAD
RESOLUTION NO. 9415 (2003 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING AND RATIFYING AN AMENDMENT TO THE MEMORANDUM
OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE
SAN LUIS OBISPO FIRE BATTALION CHIEFS' ASSOCIATION FOR THE
PERIOD OF JULY 19 2002 — JUNE 309 2004
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. The Addendum to the Memorandum of Agreement between the City of
San Luis Obispo and the San Luis Obispo Fire Battalion Chiefs' Association, attached hereto as
Exhibit "1" and incorporated herein by this reference, is hereby adopted and ratified.
SECTION 2. The Finance Director shall adjust the Personnel Services appropriation
accounts to reflect the negotiated compensation changes.
SECTION 3. The City Clerk shall furnish a copy of this resolution and a copy of the
executed Addendum approved by it to: Warren Stephenson, San Luis Obispo Fire Battalion
Chief Officers' Association President and Karen Jenny, Acting Director of Human Resources.
Upon motion of Council Member Ewan, seconded by Council Member Settle,
and on the following roll call vote:
AYES: Council Members Ewan, Schwartz and Settle, Vice Mayor Mulholland
and Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 4th day of February, 2003.
Mayor David F. Romero
A ST:
Lee Price, C.M.C.
City Clerk
R9415
C O
Resolution No. 9415 (2003 Series)
Page 2
APPROVED AS TO FORM:
bert A. Trujillo
Acting City Attorney
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Ekhibit "1"
ADDENDUM
TO THE 2002 -04 MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF SAN LUIS OBISPO
THE SAN LUIS OBISPO FIRE BATTALION CHIEFS' ASSOCIATION
L PURPOSE OF THIS ADDENDUM
Article 12 of the 2002 -04 Memorandum of Agreement (MOA) allowed negotiations to be re-
opened regarding the City's contribution to the cafeteria plan for 2003. This addendum
confirms the agreement of the parties to modify the MOA. Except as modified below, all
other terms and conditions shall remain in full force and effect.
IL MODIFICATION OF CONTRIBUTION TO CAFETERIA PLAN
Article 12, Health Care Insurance, Section A and Section B, paragraphs 1 and 2, are modified
as follows:
A. CONTRIBUTION
Effective in December 2002, for the January 2003 premium, the City agrees to
contribute $675.00 per month for medical, dental, vision and life insurance for each
regular, full-time employee covered by this Agreement.
The City's total Cafeteria Plan contribution will be modified in.December 2003 and
December 2004 by an amount equal to one -half of the average percentage change in
PERS health plans available in San Luis Obispo County. For example:;, if three
plans were available and the year to year changes were +10% +15% +20%
respectively, the City's contribution would be increased by 7.5% (10% + 15% +
20% _ 3 =15% x 1/2).
B. INSURANCE COVERAGE
1. PERS Health Benefit Health Benefit Pry
The City has elected to participate in the PERS Health Benefit Program with
the "unequal contribution option" at the PERS minimum contribution rates.
The City's contribution toward retirees shall be increased by five (5 %)
percent per year of the City's contribution for the active employees until such
time as the contributions for employees and retirees are equal. The City's
contribution will come out of that amount the City currently contributes to
M
Addendum to 2002 -2004 Memorandum of Agreement page 2
San Luis.Qbispo Fire_Battalion Chiefs` Association
employees as part of the Cafeteria Plan. The cost of the City's participation
in PERS will not require the City to expend additional funds toward health
insurance beyond what is already provided for above in Section A. In
summary, this cost and any increases will be borne by the employees.
2. Health Insurance Coverage Optional Participation
Employees with proof of medical insurance elsewhere are not required to
participate in the PERS Health. Benefit.Program and may receive the unused
portion of the City's contribution (after dental and vision is deducted) in cash
in accordance with the City's Cafeteria Plan. Those employees will not
receive the City's minimum PERS Health benefit contribution.
ary OF SAN LUIS OBISPO
Karen Je , -MsVManager
Wendy orge, Assistant CAO
SAN LUIS OBISPO FIRE
BATTALION CHIEFS' ASSOCIATION
Warren Ste enson
Fire Battalion Chief
Tom Zeulner
Fire Battalion Chief
Bob Rutledge
Fire Battalion Chief
GAMOAAFtre Battalion Chiefs\Addendum to 2002 -04 BC MOA.doc
ADDENDUM
TO THE 2002 -04 MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF SAN LUIS OBISPO
AND
THE SAN LUIS OBISPO FIRE BATTALION CHIEFS' ASSOCIATION
I. PURPOSE OF THIS ADDENDUM
Article 12 of the 2002 -04 Memorandum of Agreement (MOA) allowed negotiations to be re-
opened regarding the City's contribution to the cafeteria plan for 2003. This addendum
confirms the agreement of the parties to modify the MOA. Except as modified below, all
other terms and conditions shall remain in full force and effect.
11. MODIFICATION OF CONTRIBUTION TO CAFETERIA PLAN
Article 12, Health Care Insurance, Section A and Section B, paragraphs 1 and 2, are modified
as follows:
A. CONTRIBUTION
Effective in December 2002, for the January 2003 premium, the City agrees to
contribute $675.00 per month for medical, dental, vision and life insurance for each
regular, full -time employee covered by this Agreement.
The City's total Cafeteria Plan contribution will be modified in December 2003 and
December 2004 by an amount equal to one -half of the average percentage change in
PERS health plans available in San Luis Obispo County. For example: if three
plans were available and the year to year changes were +10% +15% +20%
respectively, the City's contribution would be increased by 7:5% (10% + 15% +
20% _ 3 = 15% x 1/2).
B. INSURANCE COVERAGE
1. PERS Health Benefit Program
The City has elected to participate in the PERS Health Benefit Program with
the "unequal contribution option" at the PERS minimum contribution rates.
The City's contribution toward retirees shall be increased by five (5 %)
percent per year of the City's contribution for the active employees until such
time as the contributions for employees and retirees are equal. The City's
contribution will come out of that amount the City currently contributes to
Adclendum to 2002 -2004 Memorandum of Ag( eement
San Luis Obisno Fire Battalion Chiefs' Association
employees as part of the Cafeteria Plan. The cost of the City's participation
in PERS will not require the City to expend additional funds toward health
insurance beyond what is already provided for above in Section A. In
summary, this cost and any increases will be borne by the employees.
2. Health Insurance Coverage Optional Participation
Pabe 2
Employees with proof of medical insurance elsewhere are not required to
participate in the PERS Health Benefit Program and may receive the unused
portion of the City's contribution (after dental and vision is deducted) in cash
in accordance with the City's Cafeteria Plan. Those employees will not
receive the City's minimum PERS Health benefit contribution.
CITY OF SAN LUIS OBISPO
GUtt/v`
Karen Jen , Ris anager
Wendy iteorge, Assistant CAO
SAN LUIS OBISPO FIRE
BATTALION CHIEFS' ASSOCIATION
�;4� �
/-: Z, Z, � zp"
Warren Ste enson
Fire Battalion Chief
-1
I VrM
Tom Zeulner
Fire Battalion Chief
Bob Rutledge
Fire Battalion Chief
G:\A4OAs\Fire Battalion ChiefsWddendum to 2002 -04 BC MOA.doc
RESOLUTION NO. 9414 (2003 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
NAMING THE BICYCLE BOULEVARD ON MORRO STREET "THE BILL
ROALMAN BICYCLE BOULEVARD"
WHEREAS, the City Council of San Luis Obispo wishes to create a memorial to
former Council Member and recently deceased Bill Roalman; and
WHEREAS, on June 20, 2002 the Bicycle Advisory Committee reviewed several
ideas for memorials to former Council Member Roalman and recommended the Morro
Street Bicycle Boulevard as a fitting tribute; and
WHEREAS, on July 22, 2002 the Cultural Heritage Committee reviewed the
Bicycle Advisory Committee's recommendation and referred the project to the
Architectural Review Commission with a recommendation that the new bicycle boulevard
be dedicated in the memory of former Council Member Bill Roalman; and
WHEREAS, on September 3, 2002 the Architectural Review Commission
supported both the Bicycle Advisory and the Cultural Heritage Committees'
recommendation that the bicycle boulevard be named after former Council Member Bill
Roalman; and
WHEREAS, the City Council has considered the recommendations of the Bicycle
Advisory Committee, the Cultural Heritage Committee, the Architectural Review
Commission, and any public testimony regarding the naming of the bicycle boulevard after
former Council Member Bill Roalman.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that the bicycle boulevard on Morro Street is hereby named, "The Bill Roalman
Bicycle Boulevard ".
R 9414
C
Resolution 9414 (2003 Series)
Page 2
�C
Upon motion of Council Member Ewan, seconded by Council Member Settle,
and on the following roll call vote:
AYES: Council Members Ewan, Settle, and Schwartz, Vice Mayor
Mulholland and Mayor Romero
NOES: None
ABSENT: None
the foregoing resolution was adopted this 4`h day of February, 2003.
Lee Price,, C.M.C.
City Clerk
APPROVED AS TO FORM:
Gilbert A. Trujillo,
Acting City Attorney
Mayor David F. Romero
4 [Lu
" Har&a
s,
RESOLUTION NO. 9413 (2003 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
TO INCREASE ENFORCEMENT AND EDUCATION PROGRAMS FOCUSING ON
UNDERAGE DRINKING AND ALCOHOL SALES TO MINORS WITH GRANT FUNDING OF
$91,860 PROVIDED BY THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
WHEREAS, the San Luis Obispo Police Department through the City of San Luis Obispo
desires to undertake a certain project designated as Alcohol Enforcement and Education Program to be
funded with money made available through the Grant Assistance to Local Law Enforcement Agencies
Project administered by the Department of Alcoholic Beverage Control;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that
the Chief of Police of the City of San Luis Obispo is authorized, on its behalf to execute all grant related
documents including the standard agreement contract, any extensions or amendments thereof and any
subsequent contract with the State in relation thereto.
IT IS AGREED that any liability arising out of the performance of this contract, including civil
court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency.
The State of California and the Department of Alcoholic Beverage Control disclaim responsibility for any
such liability.
BE IT FURTHER RESOLVED that grant funds received hereunder shall not be used to
supplant expenditures controlled by this body.
Upon motion of Council Member Ewan, seconded by Council Member Settle and on the
following roll call vote:
AYES: Council Member Ewan, Settle, and Schwartz, Vice Mayor Mulholland and
Mayor Romero.
NOES: None
ABSENT: None
I hereby certify that the foregoing resolution was adopted by the City Council of the City of San Luis
Obispo in a meeting thereof held on this 4's day of February, 2003.
City Clerk
APPROVED AS TO FORM:
4
Gilbert A. Trujillo
Acting City Attorney
Mayor David F. Romero
R 9413
(- ?Ut1e(,-I)v- - oC
IU(rv- jL
Resolution No. 9412 (2003 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING A MITIGATED NEGATIVE DECLARATION
AND VESTING TENTATIVE TRACT MAP FOR PROPERTY LOCATED
ON 3301 ROCKVIEW PLACE AND ALLOCATING AFFORDABLE
HOUSING FUNDS TO THE PROJECT; TR/ER 155 -02 (Tract 2502)
WHEREAS, the City Council conducted a public hearing on January 21, 2003, in the
Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California for the purpose of
considering Tract 2502, a planned unit development (PUD) with 9 two- bedroom dwellings; and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public
hearing on December 4, 2002, and recommended approval of the project; and
WHEREAS, the Architectural Review Commission conducted a public hearing on
December 16, 2002, and approved the proposed building designs for the project; and
WHEREAS, the City Council has reviewed and considered the Mitigated Negative
Declaration of environmental impact and the mitigation monitoring program prepared for the
project; and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations of the Planning
Commission, Architectural Review Commission, and by staff presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
Section 1. Subdivision Findings. Based upon all the evidence, the Council makes the
following findings:
1. The proposed map is consistent with the General Plan because the subdivision will
provide for medium density residential development in a manner consistent with the
Hillside Development Standards of Land Use Element Policy 6.2.2.
2. As conditioned, the design or improvement of the proposed subdivision is consistent with
the General Plan because each dwelling has access to a compact, private open space area
and the development will occur as part of the neighborhood pattern anticipated for the
medium density residential zone.
3. The site is physically suited for the proposed type of development because the soils
engineering report has concluded that the site can support the proposed improvements,
provided the recommendations of the report are followed.
R 9412
Resolution No. 9412 (2002 Series)
Page 2
4. As conditioned, the site is physically suitable for the proposed density of development
because the site is within an existing City block and is essentially surrounded by
development that is at least as intense as proposed. New development in the vicinity of
the project is occurring with a density of 12 units per acre, and due to the steepness of the
slopes on the project site, the proposed density of development is kept at 6 units per acre.
5. The design of the subdivision, or the type of improvements, is not likely to cause
substantial environmental damage or substantially and unavoidably injure fish or wildlife
or their habitat because the site does not have any creeks or other potentially significant
habitat areas for fish or wildlife and the unique plant resources on the project site are
going to be protected through a fee dedication of open space land to the City.
6. The design of the subdivision, or type of improvements, is not likely to cause serious
public health problems because the type of improvements are residential and
development will be designed to meet existing building and safety codes.
7. The design of the subdivision, or the type of improvements, will not conflict with
easements, acquired by the public at large, for access through or use of, property within
the proposed subdivision because no such easements exist.
8. The Mitigated Negative Declaration for the project adequately identifies and evaluates
the potential impacts associated with this project and where impacts are potentially
significant, mitigation measures are provided to reduce these impacts to less than
significant levels.
Section 2. Environmental Review. The City Council does hereby adopt a Mitigated
Negative Declaration for the project, with the following mitigation measures and monitoring
programs.
1. Mitigation:
The applicant shall contact the Air Pollution Control District prior to submitting a building
permit application for the project and shall comply with all requirements of the Asbestos ATCM,
to the approval of APCD and the Community Development Director.
• Monitoring Program: City staff will contact staff at the Air Pollution Control District to
ensure that the applicant has complied with this mitigation measure at the time of building permit
application submittal.
2. Mitigation:
All recommendations of the Soils Engineering and Engineering Geology Report (soils report),
prepared by Earth Systems Pacific, September 11, 2002, shall be implemented as part of the
development of the project improvements where applicable, to the approval of the Chief
Building Official.
n �
Resolution No. 9412 (2002 Series)
Page 3
• Monitoring Program: Plans submitted with the building permit application for the project will
be reviewed with respect to the recommendations included in the soils engineering report,
prepared by Earth Systems Pacific, September 11, 2002, and City staff shall require the applicant
to implement the recommendations of the report through the plan check process.
3. Mitigation:
No new concentrated water flows are to be released down slope from the developed portions of
the site.
• Monitoring Program: The City will evaluate plans submitted with the building permit
application for the project to insure incorporation of drains and gutters, and to insure that no
surface gutters or swales are designed to dispose over grade on any steep slopes on the site.
4. Mitigation:.
The project shall employ small -scale Best Management Practices, such as listed in the handout
attached to this initial study, wherever soil is disturbed. Soil disruption is anticipated to occur
during construction of the road, extension of utilities, and with removal and recompaction of
undocumented fill on the site. Soil disruption will also occur during construction of foundations
for proposed buildings.
• Monitoring Program: This mitigation measure will be monitored through the review of plans
submitted with the building permit application for the project, including the project landscape
plans and building and grading inspections of the work. If an early grading plan is issued,
special care shall be taken to insure that disturbed areas that are not intended to be reworked
within 30 days are hydro - seeded or stabilized in another approved manner to prevent erosion, in
addition to other erosion control measures.
Section 3. Action. The City Council does hereby approve application PD /TR/ER 155-
02, subject to the following conditions and code requirements.
The proposed Affordable Dwelling Units shall be sold under a 30 year contract of long-
term affordability with the City of San Luis Obispo, and the buyers shall be eligible
moderate income households, as verified by the San Luis Obispo Housing Authority.
2. Curb parking shall be prohibited between the project's access driveway and the south end
of the individual driveway serving Unit B.
3. The subdivider shall dedicate a 2m wide public utility easement across the Rockview
Place frontage and the common driveway, to the satisfaction of the utility companies.
4. The subdivider shall dedicate a minimum 3m wide street tree easement across the
Rockview Place frontage. Said easement shall be adjacent to and contiguous with the
public right -of -way. The street tree easement width shall be adjusted as necessary to
provide adequate street tree clearances from the top of the existing and/or proposed
retaining walls.
o
Resolution No. 9412 (2002 Series)
Page 4
5. Curb, gutter, sidewalk, and street improvements shall be completed per city standards as
a condition of final map approval. Curb and gutter shall be placed to conform to the
existing curb alignment. The sidewalk shall be constructed to the base of the existing
retaining wall and shall not be less than 1.5m (5') in width, inclusive of the curb.
Sidewalk extensions per ADA and City standards shall be provided at all driveway
approaches. Pedestrian access dedications shall be provided for all sidewalks where
extended beyond the public right -of -way. '
6. The existing retaining wall drain outlet locations shall be identified on the improvement
plans and shall terminate at an approved location, to the satisfaction of the Public Works
Director. New retaining walls shall include drainage provisions accordingly.
7. The proposed new retaining wall along the street frontage shall terminate within the
subject property, unless an offsite easement is acquired to transition the grading and/or
retaining wall beyond the tract boundary. Grading and/or slope bank stabilization beyond
the end of sidewalk shall be approved to the satisfaction of the Public Works Director and
as recommended by the soils engineer. Since the adjoining property lies within
unincorporated land, approval by the County Building Department must be submitted.
8. The public sewer main in Rockview Place shall be extended further to serve Lots 1
through 9, to the satisfaction of the Public -Works Director and Utilities Director.
Individual laterals for Lots 1 through 5 shall be provided. A common private main/lateral
to serve Lots 6 through 9 shall be constructed (probably between Lots 6 & 7) and
maintained by the Homeowner's Association (HOA), within an easement. The private
sewer laterals shall include analysis of soil stability and incorporate recommendations
from the soils engineer.
9. Rockview Sewer lift station charges may be required to be paid prior to building permit
issuance for the new dwellings.
10. All utilities serving the existing dwellings shall be abandoned to the satisfaction of the
city.
11. The demolition of the existing buildings triggers the Utilities Department Sewer Lateral
Abandonment Policy. This policy states that the sewer lateral must be abandoned at the
main prior to demolition unless the lateral is intended for reuse and it passes a video
inspection. If the sewer lateral is intended for reuse, the owner shall submit a VHS
videotape documenting the intemal condition of the pipe to the Utilities Department for
approval.
12. The subdivider shall place underground, all existing overhead utilities along the public
street frontage to the satisfaction of the Public Works Director and utility companies.
The existing terminal (Pac Bell) utility pole with street light #908 shall be replaced with a
city standard street light. Power to the new street light shall be served by an underground
service, per City standards. The street light location shall be placed with consideration
for available sidewalk width and disabled access requirements. The existing phone and
cable services shall be placed underground from the next service pole to the satisfaction
of the Public Works Director and serving utility companies.
Resolution No. 9412 (2002 Series)
Page 5
13. Separate utilities, including water, sewer, gas, electricity, telephone, and cable TV shall
be served to each parcel to the satisfaction of the Public Works Director and serving
utility companies. Utilities to new residences shall be underground.
14. The final map shall include any required public or private easements as required for the
proposed development of the tract. Easements may include, but are not limited to,
grading, drainage, water, sewer, storm drainage, access, vehicle turn- around, and utilities.
Any maintenance or common driveway agreements shall be completed and recorded
concurrent with final map approval, presumably in the tract CC &Rs.
15. All lots shall be graded to preclude cross -lot drainage, or, appropriate easements and
drainage facilities shall be provided, to the satisfaction of the Public Works Director.
16. Improved or diverted upslope drainage shall be directed in a non - erosive manner to an
approved point of disposal. Any needed off -site easements shall be secured prior to map
recordation. Otherwise, the final drainage system design shall direct runoff to the public
street. If it is discovered that the existing terrace drainage has a historic outlet to the
easterly offsite property, level spreaders may be considered for approval by the Public
Works Director and project soils engineer to re- establish sheet flow beyond the building
pads.
17. Improvement and building plans shall include a complete grading and drainage plan and
appropriate calculations. The grading plan shall include existing and proposed contours
to clearly depict the proposed grading and drainage for this development.
18. Final alignment and design of the rock barrier fence and drainage swale shall be approved
to the satisfaction of the Public Works Director.
19. Pursuant to Government Code Section 66474.9(b)(1), the subdivider shall defend,
indemnify and hold harmless the city or its agents, officers and employees from any
claim, action, or proceeding against the city or it agents, officers or employees to attack,
set aside, void or annul an approval of the city, advisory agency, appeal board or
legislative body concerning this subdivision. The city shall promptly notify the
subdivider of any claim, action or proceeding and shall cooperate fully in the defense.
20. The C.C. &R's for the project shall include a restriction to prohibit residents from
accessing the open space area above the project site (Lot 11), except by way of an
approved City trailhead.
Code Requirements:
21. A water allocation is required, due to the additional demand on the City's water supplies.
The City currently has water to allocate, and does so on a "first -come, first - served" basis.
Water is allocated at the time building permits are issued and the Water Impact Fee is
paid. Both the Water and the Wastewater Impact Fees are based on a per residential unit
basis.
Resolution No. 9412 (2002 Series)
C
Page 6
22. By ordinance, the applicant is required to prepare a recycling plan for approval by the
City to address the recycling of construction waste for projects valued at over $50,000 or
demolition of structures over 1000 square feet. The recycling plan shall be submitted to
the Building Department with the building plans. The City's Solid Waste Coordinator
can provide some guidance in the preparation of an appropriate recycling plan.
23. The tentative map indicates a single meter will be replaced with two water meters. This
may or may not be possible, depending on the size of the water service and the sizes of
the proposed water meters. Generally, the water meters will need to be a minimum of 1"
in order to provide sufficient flow to fire sprinklers. The water service must be 2" in
order to serve two 1" water meters.
24. The tentative map shows a new 6" water service serving 7 water meters. This is not
allowed. Up to four 1" water meters can be served by a single 2" water service. The
tentative map shall be revised to show two separate 2" services, with up to four 1" water
meters on each manifold.
Mapping and Mise. Requirements
25. Complete public improvement_ plans including a street improvement and curb grade plan,
prepared by a registered civil engineer, shall be submitted to the Public Works Director
for review and approval. All grades, layout, staking and cut - sheets necessary for the
construction of street paving and frontage improvements shall be the responsibility of the
developer.
26. The subdivider shall submit a final map to the city for review, approval, and recordation.
The map shall be prepared by, or under the supervision of a registered civil engineer or
licensed land surveyor. The final map shall be prepared in accordance with the
Subdivision Map Act and the Subdivision Regulations.
27. 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 space in real world coordinates, NAD 83 - m). If you have any
questions regarding format, please call prior to submitting electronic data.
28. 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.
29. Electronic files and stamped and signed drawings shall be submitted for all public
improvement plans prior to map recordation or commencing with improvements,
whichever occurs first. Submittal documents shall include the electronic drawing files
(.dwg) and any associated plot files along with one original, stamped and signed, ink on
mylar set of plans.
Resolution No. 9412 (2002 Series)
Page 7
30. Prior to acceptance by the City of public improvements, the developer's engineer shall
submit a digital version of all public improvement plans and record drawings, compatible
with Autocad (Digital Interchange Format, DXF) for Geographic Information System
(GIS) purposes, to the satisfaction of the Public Works Director.
Section 4. Financial Incentives. The City Council does hereby approve allocation of
Affordable Housing Funds in an amount not to exceed $68,000, based on the following findings.
The project is eligible to receive financial incentives from the City because 22% of the units
will be affordable to moderate income households, as guaranteed by a long -term
affordability agreement with the City.
2. Eligibility. Use of the Affordable Housing Fund (AHF) for the requested purpose will
increase or improve the City's affordable housing inventory because it will provide for two
new affordable dwellings and will promote General Plan policies regarding housing because
the project includes both market -rate and affordable housing units.
3. Need. There exists a substantial or overarching need for the type of housing be assisted
because these units will be the first for -sale units to be developed under the City's
Inclusionary Housing Requirement and affordable housing is significantly constrained by
land values in the San Luis Obispo area.
4. Timing. The project would better serve the City's needs if it were built immediately as
opposed to later because the City presently has resources, including water and sewer
capacity to allocate and the proposed housing is in demand at this time.
5. Financial Effectiveness. AHF funding leverages significant additional funding from the
project sponsor, who will be developing a 9 -unit housing project at an estimated cost of
$3,477,000, with the hard costs (not including land) of the additional affordable dwelling
unit estimated at $279,875.
6. Readiness. With the approval of this resolution, the project has all necessary City
entitlements and is ready to proceed.
Resolution No. 9412 (2002 Series)
Page 8
On motion of Coucnil Member Settle, seconded by Vice Mayor Mulholland and on the following
roll call vote:
AYES: Council Member Ewan, Settle and Schwartz, Vice Mayor Mulholland and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 21" day of January 2003.
i
Mayor David F. Romero
AT EST:
Lee Price, C.M.0
City Clerk
APPROVED AS TO FORM:
Gilbert A. TruJi lo, cting City Attorney
ivlo viC�
�r-y n
C 10
RESOLUTION NO. 9411 (2003 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE ESTABLISHMENT OF MONTHLY AND DAILY FEES
FOR PARING; ESTABLISHING PARKING FEES AND HOURS FOR
USERS OF THE CITY'S PARKING STRUCTURES; AND
REPEALING ALL REFERENCES TO PARING FEES AND HOURS
AT THE CITY'S PARKING STRUCTURES IN RESOLUTION NO. 9301 (2002)
WHEREAS, the City wishes to provide secure and user friendly parking for all users of the
parking structures; and
WHEREAS, the parking program needs to continue to be self - sufficient for its financial
commitments; and
WHEREAS, the City has the support of the Downtown Association and the Chamber of
Commerce to implement changes in the parking garage and lot rates; and
WHEREAS, the Council has considered the staff report and held a public meeting on the
proposed changes to the parking garage rates and hours and monthly and daily fees for parking..
NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. All references to parking fees and hours at the City's parking structures in
Resolution 9301 are hereby repealed.
SECTION 2. The parking rate and hours for charging fees in the city's parking structures shall
be the first 60 minutes free and 60 cents per hour with a daily maximum of $6.00 per visit from 8 a.m.
until 7:00 p.m. each Monday, Tuesday, and Wednesday, effective April 1, 2003.
SECTION 3. The parking rate and hours for charging fees in the city's parking structures shall
be the first 60 minutes free and 60 cents per hour with a daily maximum of $6.00 per visit from 8:00
a.m. until 11:00 p.m. each Thursday, Friday and Saturday, effective April 1, 2003. Sundays will be
exempt from any parking garage fees.
SECTION 4. The parking rate and hours for charging fees in the city's parking structures shall
be the first 60 minutes free and 75 cents per hour with a daily maximum of $7.50 per visit from 8 a.m.
until 7:00 p.m. each Monday, Tuesday, and Wednesday, effective July 1, 2004.
SECTION 5. The parking rate and hours for charging fees in the city's parking structures shall
be the first 60 minutes free and 75 cents per hour with a daily maximum of $7.50 per visit from 8:00
a.m. until 11:00 p.m. each Thursday, Friday and Saturday, effective July 1, 2004. Sundays will be
exempt from any parking garage fees.
R 9411
Resolution No. 9411 (2003 Series)
Page 2
SECTION 6. The monthly fee for proximity cards (Proxcards) for the Marsh Street Parking
Structure shall be $60.00 per month. The monthly fee for proximity cards (Proxcards) for the Palm
Street Parking Structure shall be $50.00 per month. These rates will be effective on April 1, 2003.
SECTION 7. The monthly fee for proximity cards (Proxcards) for the Marsh Street Parking
Structure shall be $75.00 per month. The monthly fee for proximity cards (Proxcards) for the Palm
Street Parking Structure shall be $60.00 per month. These rates will be effective on July 1, 2004.
SECTION 8. The monthly lot fee and meter permits shall be $30.00 per month. The daily lot
fees shall be $1.25 per day. These rates will be effective on April 1, 2003.
SECTION 9. The monthly lot fee and meter permits shall be $40.00 per month. The daily lot
fees shall be $1.50 per day. These rates will be effective on July 1, 2004.
Upon motion of Council Member Ewan, seconded by Council Member Settle and
on the following roll call vote:
AYES: Council Members Ewan, Settle and Schwart, Vice Mayor Mulholland and
Mayor Romero
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 20 day of January, 2003.
Lee Price, C.M.C.
City Clerk
APPROVED
filbert A TrWo, cting City Attorney
David F. Romero, Mayor
69CL-1�1� O
�i�iavrCe
RESOLUTION NO. 9410 (2003 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING A CAPITAL RESERVE ACCOUNT FOR OPERATION AND
MAINTENANCE OF THE WATER REUSE PROJECT.
WHEREAS, Water Reclamation Facility produces recycled water suitable for irrigation and
other uses; and
WHEREAS, the City has designed a Water Reuse Project to distribute recycled water; and
WHEREAS, the State of California Water Resources Control Board has issued project
approval letters for grants and loans to finance the Water Reuse Project; and
WHEREAS, on November 6, 2001 the City Council adopted Resolution No. 9246 (2001
series) dedicating water fund revenues for repayment of the state revolving fund (SRF) loans; and
WHEREAS, the State Water Resources Control Board requires that the City establish a
Capital Reserve Account to insure that there will be sufficient funding for operation and
maintenance of the project during the life of the loan.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis Obispo
hereby establishes a Recycled Water Capital Reserve Account ( RWCRA) for operation and
maintenance of the facilities constructed through the Water Reuse Project with funding from
SRF Loan No. C -06 -4307 -110. The Capital Reserve Account shall be established to meet the
following criteria:
1. The Capital Reserve Account shall be dedicated for expansion, major repair, or replacement
of the recycled water treatment and distribution facilities.
2. The City shall deposit sufficient funds to build up the RWCRA at a minimum rate of one -half
of one (0.5) percent of the SRF loan amount each year for a period of ten (10) years.
3. All interest earned on deposits to the RWCRA shall remain in the RWCRA for the uses
specified below. The City shall replace any amounts expended from the RWCRA by
depositing at a minimum annual rate of ten (10) percent of the expended amount.
4. The City's unused bonding capability for the Water Enterprise Fund may be used to offset,
dollar for dollar, the required cash deposits to the RWCRA. Unused bonding capability
means, with respect to each SRF loan contract issued after January 21, 1993, an amount equal
to unissued bonds or other indebtedness authorized either by vote of the local electorate or by
provisions of local or other law under which the borrower would be legally permitted to issue
such bonds or other indebtedness without approval by the local electorate or by any other
public entity.
R 9410
Resolution No. 9410 (2003 Series)
Page 2
5. The amounts required to be deposited in the RWCRA may be reduced by any amounts held
and not previously allocated for the purposes of this calculation. The amounts may be held in
any fund or account established pursuant to a resolution or indenture of a borrower pursuant
to which any bonds or other indebtedness have been issued and are outstanding, which
amounts may be used for the purposes for which the RWCRA is established.
6. Money deposited in the RWCRA shall be available for the costs for planning, design, and
construction of capital improvements to the recycled water treatment and distribution
facilities.
7. The City shall prepare and submit a report on RWCRA activities and fund status beginning
five (5) years after the Division's approval of the final Revenue Program. A report shall be
due every five (5) years for the life of the loan contract.
8. The requirement to create and maintain a RWCRA shall remain in force for the life of the
loan contract. At the end of the loan contract, disposition of the RWCRA will be a local
responsibility.
9. Failure to meet these provisions could result in the immediate recall and repayment of all
SRF loan funds disbursed to the City.
On motion of Council Member Settle, seconded by Vice Mayor Mulholland, and on the
following roll call vote:
AYES: Council Members Ewan, Schwartz and Settle, Vice Mayor Mulholland
and Mayor Romero
NOES: None
ABSENT: None
The foregoing Resolution was passed and adopted on this 21" day of January, 2003.
City Clerk
S V ED AS T RM:
Gilbert A. T o, Ac Ong City Attorney
Mayor David F. Romero
-T�Ac r1.CU
RESOLUTION NO. 9409 (2003 Series)
ESTABLISHMENT OF THE CITY LEGISLATIVE ACTION
PROGRAM AND PRIORITIES FOR 2003 AND APPOINTMENT
OF COUNCILMEMBER AND STAFF PERSON TO ACT AS
LIAISON BETWEEN THE CITY OF SAN LUIS OBISPO AND
THE LEAGUE OF CALIFORNIA CITIES
WHEREAS, a major objective of the City Council is to adopt an aggressive legislative program
which strengthens local government, promotes City goals and defends the City against legislative actions
by State and Federal governments that would weaken local government and/or take away traditional
revenue sources; and
WHEREAS, it is vital to the fiscal health and the self determination of the City to effectively
communicate with State Legislators and Federal representatives in order to favorably influence State and
Federal legislation, regulations and grant requests; and
WHEREAS, the League of California Cities conducts a legislative analysis and advocacy
program on behalf of cities for State issues and major Federal issues; and
WHEREAS, with four County supervisors representing different portions of the City, it is
imperative that the City develop an improved system for regular communication with the Board of
Supervisors, particularly concerning land use issues adjacent to the City; and
WHEREAS, the City should continue to emphasize de)�oloping a positive relationship with North
County Cities and agencies concerning water issues; and '
WHEREAS, the City desires to be proactive and involved in the governmental decision making
processes directly affecting the City legislative priorities identified in Exhibit "A ", the League of
California Cities legislative priorities identified in Exhibit "B ", and other selected issues as may from
time to time be recommended by the League of California Cities; and
WHEREAS, a key component of the City's Legislative Action Program is face -to -face meetings
between City representatives and elected officials at the Federal, State, and County levels, and
coordination with similar efforts made by other local government entities.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo
does hereby:
(1) Establish the Legislative Action Priorities for 2003, as set forth in the attached Exhibits "A"
and "B ", and authorizes staff to take positions on legislation generally consistent with the Legislation
Action Priorities and such other resolutions and recommendations of the League of California Cities as
may be from time to time presented to the City; and
R 9409
C,
Resolution No. 9409 (2003 Series)
Page 2
(2) Appoint David F. Romero to act as Councilmember legislative liaison and Betsy Kiser to act
as interim staff legislative liaison with the League of California Cities.
Upon motion of Council Member Settle, seconded by Council Member Mulholland, and on the
following roll call vote:
Ayes: Council Member Ewan, Settle, and Schwartz, Vice Mayor Mulholland, and Mayor
Romero
Noes: None
Absent: None
the foregoing resolution was adopted this 21' day of January, 2003.
qe-� 40zjeo�'ev
Mayor David F. Romero
Lee Price, C.M.C.
City Clerk
APPROVED AS TO FORM:
I
ilbert A. T ding City Attorney
Resolution No. 9409 (2003 Series)
Exhibit A
Page 1
EXHIBIT A: CITY LEGISLATIVE ACTION PRIORITIES FOR 2003
FEDERAL PRIORITIES
Requiring funding of federally mandated programs, including new
water /wastewater /storm water regulations, or eliminating such mandates
2. Promoting continued and increased funding sources for streets and transportation,
especially transit
3. Obtaining new funding sources to expand housing opportunities for low and
moderate income families
4. Supporting legislation on coastal preservation
Supporting legislation that provides regulatory relief to local government in
complying with the Fair Labor Standards Act and overtime provisions for exempt
employees
6. Supporting continued funding for the Land and Water Conservation Grant Program
Supporting legislation to exempt cities from liability for leakage of hazardous waste
discharge to Publicly Owned Treatment Works (POTW's) from sewers
Supporting legislation which strengthens the ability of cities to control their public
rights -of -way and apply zoning regulations relative to the telecommunications
industry
9. Supporting legislation to increase the availability of grant funding to replace aging
infrastructure of all types; e.g.: streets, bridges, water and sewer systems, etc.
10. Supporting legislation that grants monies to local government for infrastructure
improvements in areas that have contamination from oil and gas production.
11. Endorsing legislation which provides local government with a fair share tax on
catalog and intemet sales; and opposing legislation that limits state or local authority
to tax catalog or Internet sales
12. Supporting legislation which assists welfare reform to work in a positive way and
provides funding for the social service programs of local non -profit organizations
C,
Resolution No. 9409 (2003 Series)
Exhibit A
Page 2
13. Obtaining cooperation and prompt approval from the Environmental Protection
Agency (EPA) and Army Corps of Engineers for necessary flood control projects
and lake dredging
14. Supporting legislative action to retain the existing process of local judicial review of
land use decisions, thus avoiding preemptory, premature intrusion of federal courts
into matters best known to authorities at the local level
15. Supporting legislation for grant funding for steelhead restoration projects
16. Opposing mandatory social security for newly hired local governmental employees
17. Supporting legislation to promote the safe, responsible, and cost effective reuse of
biosolids
18. Supporting the existing federal water efficient plumbing standards contained in
the Clean Water Act
19. Promoting Federal efforts toward preservation of open space, coastal resources
signature land forms, wetlands, and other natural resources or areas threatened by
development
20. Supporting the creation of National Marine Sanctuary off the Coast of San Luis
Obispo County to protect this fragile habitat from offshore oil and gas development
21. Supporting legislation that encourages research and development by businesses
through tax credits or other incentive programs
22. Supporting legislation that grants monies to local agencies, educational institutions
and non -profit corporations to provide incubator services to new and small
businesses dedicated to developing new technologies
23. Supporting legislation that funds the arts — especially public art
24. Seeking federal participation in the Ahearn property acquisition (within the
boundaries of Los Padres National Forest) through the Federal Forest Legacy
Program or other appropriate Federal funding program
25. Supporting funding for national and international tourism promotion
26. Supporting continued funding for CDBG at or above recent levels
27. Supporting continued funding for Federal block grants for local law
enforcement
Resolution No. 9409 (2003 Series)
Ex_ hibit A
Page 3
28. Supporting cleanair transit funding for San Luis Obispo County
29. Supporting a sustainable energy policy
30. Supporting continuation of AMTRAK services and improvements thereto
31. Promoting funding for the acquisition and preservation of open space
STATE PRIORITIES
FINANCE
Supporting efforts to protect the City from loss of revenues due to State mandates
Supporting legislation that strengthens opportunities for local fiscal independence
Returning ERAF
4. Supporting efforts to "protect, preserve and reform" local government revenue
sources
Supporting legislation which better assures any reductions in Vehicle License Fees
by the State will be back -filled by the state to local government in a permanent way
6. Supporting funding for state tourism promotion
7. Endorsing legislation which provides local government with a fair share tax on
catalog and internet sales; and opposing legislation that limits state or local authority
to tax catalog or Internet sales
Endorsing legislation supporting reformation of property tax procedures from
existing systems of penalizing property improvement and maintenance to a system
that rewards property improvements and maintenance
COMMUNITY DEVELOPMENT
Opposing mandated State approval of local General Plan Elements, such as
implementing and compliance with State General Plan Housing element law
(especially any return of SB 910 or other sanctions for noncompliance)
Promoting reforms of the entire State mandated -HCD Regional Housing Need
Allocations process to recognize local urban plans and local resource limitations
Resolution No. 9409 (2003 Series)
Exhibit A
Page 4
3. Promoting funding sources to encourage the retrofitting of unreinforced masonry
buildings
4. Promoting State efforts toward preservation of open space, coastal resources,
signature land forums, wetlands, and other natural resources or areas threatened by
development
Promoting funding of on- campus housing at Community Colleges and CSU for
student and faculty housing
6. Promoting the concept of Urban Growth Boundaries
Promoting funding for the arts, especially public art
Promoting legislation which moves final decision on school site locations from
school district authority to local government (city or county) authority
9. Preserving local control of planning and zoning matters (such as the prohibition of
drive - through windows and highway signage)
10. Promoting funding and/or legislation that encourages research and development by
businesses in California
11. Supporting funding for the promotion of California as a place to locate businesses
12. Maldng funding available for affordable housing for low and moderate income
families to all cities and communities without regard to whether or not HCD has
certified their housing element. Affordable housing need does not depend on
Housing Element status
13. Promoting funding for the acquisition, maintenance and restoration of historic sites
and structures
14. Promoting funding for the acquisition and preservation of open space
PUBLIC SAFETY
Preserving city's authority to investigate police misconduct
2. Preserving city's authority to establish emergency medical service levels
Increasing City authority to regulate group homes for juvenile offenders
C, C,
Resolution No. 9.409 (2003 Series)
Exhibit A
Page 5
4. Continuing support for disaster preparedness/earthquake preparedness/Homeland
Security
5. Supporting grant requests for Regional Hazardous Material Response Team, and
other related activities
6. Supporting efforts to secure higher levels of cost recovery for DUI's
Supporting efforts to expand the scope of parental responsibility for crimes
committed by minors
8. Supporting efforts to provide the Governor with authority to override the parole
board when anyone convicted of a violent offense is proposed to be released on
parole
Preserving the authority of local control on issuance of concealed weapons permits
10. Supporting a state -wide gaming commission to oversee all forms of gambling in the
state
11. Retaining budget commitments for Public Safety supplemental funding — State
COPS Program
12. Supporting legislation to help curb underage drinking
13. Supporting another ABC inspector to work on minor /alcohol issues
14. Opposing new or increased state fees for state provided law enforcement services
15. Establishing Emergency Service Levels
16. Pursuing EMS Transportation
TRANSPORTATION
Changing Gas tax laws to allow local tax for transportation purposes based on a
majority vote of the public
2. Increasing transportation funding (including transit, bicycles, others), especially
transit
Working with Caltrans, SLOCOG, and the California Transportation Commission
I
Resolution-No. 9409 (2003 Series)
Exhibit A
Page 6
to abandon Hwy 227 as a state facility within the City, after Caltrans completion of
road overlay and reconstruction
4. Working with Caltrans to modify the blanket maintenance agreement to have
City perform all traffic signal maintenance and operations
Providing state funding for CalTrans replacement of structures that have
contributed to local flooding
6. Supporting clean air transit funding for San Luis Obispo County
Supporting actions to protect existing city transit programs from legislation or other
efforts designated to transfer local transit resources to regional operations or
programs
Supporting actions to (1) promote cooperation and mutual support between
metropolitan planning organization (MPO) agencies and local transit providers; and
(2) discourage trends toward MPO agencies /regional "control" of local transit
providers
HUMAN RESOURCES/EMPLOYEE RELATIONS
Further reforming Worker's compensation
2. Preserving the fiscal integrity of PERS and opposing. State mandates that augment
PERS benefits outside of the collective bargaining process
3. Opposing the expansion of the "Peace Officers' Bill of Rights" or other attempts to
curtail management rights
4. Monitoring employee healthcare/benefit changes
Supporting any actions that will mitigate the tremendous increase in PERS rates
due to PERS investment losses.
PUBLIC WORKS
Better defining "qualified" bidders in public contracts bidding
2. Redefining prevailing wages as "average" local wages
Streamlining Federal and State process for funding street projects
Resolution-No. 9409 (2003 Series)
Exhibit A
Page 7
4. Increase to $20,000 limits of work (from $5,000) for public projects not requiring
competitive bidding
PARKS AND RECREATION AND NATURAL RESOURCES
Supporting recreational programming, particularly for "at risk" individuals within
the City
2. Supporting funding for: protection of natural resources (e.g., the Morros), open
space, and parks development (e.g. Proposition 12)
Supporting funding for rehabilitation of urban parks
4. Supporting efforts at the State level for a park and open space bond measure
Seeking legislative grants supporting the City's acquisition of properties in the City
greenbelt
6. Obtaining grant funding for unmet community recreational needs
Encouraging the State Department of Parks and Recreation to expedite the
distribution of Proposition 40 funds
8. Seeking legislative exemption from property taxes on lands dedicated to open space
purposes which are outside the boundaries of the jurisdiction owning such lands
UTILITIES
Providing funding for reclaimed water programs
2. Supporting clean water grant programs
Supporting legislation to modify or enhance local government's ability to comply
with solid waste requirements
4. Supporting legislation to eliminate mandatory penalties for violations of NPDES
Requirements and returning discretionary control to the Regional Water Quality
Control Board Executive Officers. (Repeal SB 709)
Supporting legislation which will enhance market development for recycled
materials
Resolution No. 9409 (2003 Series)
Exhibit A
Page 8
6. Supporting legislation to exempt cities from liability for leakage of hazardous waste
discharged to POTW's from sewers
Supporting legislation to increase availability of grant funding for replacement of
aging infrastructure
8. Supporting legislation promoting the safe, responsible, and cost - effective reuse of
biosolids
9. Supporting legislation to streamline the state regulatory permit process through the
use of general permits
10. Supporting legislation to establish water efficiency standards in the "Appliance
Efficiency Standards"
11. Supporting legislation to return discretion and flexibility to the Regional Water
Quality Control Boards in permitting
12. Supporting Legislation funding. local, community based energy efficiency
pros
13. Supporting a sustainable energy policy
14. Supporting efforts that require the Regional Water Quality Control Boards to
establish discharge limitations based upon appropriate beneficial use designations
without using the Use Attainability Analysis (UAA) process
15. Supporting legislation allowing cities /agencies to establish fees for the costs of
operating mandated water quality programs such as, but not limited to, municipal
stone water and Total Maximum Daily Loading (TMDL)
16. Supporting legislation that allows cities /agencies to control through ordinance or
ban self - regenerating water softeners
COUNTY/REGIONAL PRIORITIES
Reaching agreement with the County and North County communities on solutions
for Salinas Reservoir expansion and Nacimiento pipeline projects
2. Developing consistency between the City and County General Plans, particularly to
emphasize the concepts that (1) urban development should be municipal, and (2)
unincorporated areas shall remain rural, agricultural, or open space in character
Resolution No. 9409 (2003 Series)
Exhibit A
Page 9
3. Working cooperatively with the County in the construction of County
administrative and judicial offices and courts in the downtown area. Encouraging
participation by County in providing nearby parking for County employees and
clients, and alternate transportation and parking demand reduction
4. Improving regional solid waste management
Developing cooperative approaches for providing services on a regional basis
6. Resolving County issues relative to the local review of biosolids to maximize our
opportunities for safe and cost effective reuse opportunities
Discussing and resolving issues on the City periphery, such as conversion of
agricultural zoning to residential subdivision and industrial use, allowing increases
in density in residential and industrial areas, allowing substantial development
beyond the City's urban reserve line and giving greater credence to and respecting
the integrity of the City's planning process
Continuing to work with other cities to convince the County that urban-like
development should take place within the boundaries of cities, and not in the
unincorporated areas — and especially not within the urban growth boundaries of
cities
9. Working with the Airport Land Use Commission to develop a mutually acceptable
plan for City's expansion areas so that the City's housing goals
can be achieved
10. Advocating for more on- campus housing at Cal Poly
11. Working cooperatively with the County to solve City/County flood problems
12. Advocating for some student housing on the Cuesta College campus
EDUCATION
1. Supporting efforts to adequately fund the educational units within our community.
- primary and secondary schools
- special education programs for disadvantaged as well as gifted students
- Cuesta College
-the CPSU /SLO, whose unique programs and educational approach within the CSU
warrant special consideration
Resolution No. 9409 (2003 Series)
Exhibit B
Page 1
News and Information > About the League of California Cities > League Strategic Plan >
2003 Strategic Goals and Strategies
2003 Strategic Goals and Strategies
21 Protect City Services and Revenues from State Budget Cuts
W1 Expand the Supply of Housing in California In Balance With the Location of Jobs
R1 Restore Public Confidence in Government, Particularly City Government
2003 Proposed Strategies (for consideration by the League Board of Directors at
their meeting February 7 -8, 2003)
GOAL 1: PROTECT CITY SERVICES AND REVENUES FROM STATE BUDGET CUT
• Continue and expand the LOCAL Coalition, engaging local governments in partnership with
community groups, employees, businesses and others to protect local government services
from reduction by the legislature and governor.
• Meet with legislators, staff, editorial boards, and community groups in legislative districts
about the impacts of cuts in local services and revenues.
• Join with other Local Coalition partners in implementing one or more events in Sacramento
such as Legislative Action Days.
• Develop earned media campaign to help tell the local government story. Offer budget-
balancing suggestions to state leaders.
• Form one or more groups to advise the board on the sponsorship of a ballot measure in 2004
to protect local services and revenues.
• Explore and form partnerships with other groups interested in securing voter protection of
local government services and revenues.
11GOAL 2: EXPAND THE SUPPLY OF HOUSING IN CALIFORNIA IN BALANCE WI
• Form a Housing Opportunity Task Force to develop legislative action agenda for 2003
legislative session.
• Explore and develop partnerships with CRA, CBIA, Housing California and other groups
interested in similar legislative objectives..
• Oppose punitive housing legislation that does not contribute to expanding housing
opportunities.
• Develop earned media program to counter attacks on city governments and to tell the positive
story about city efforts to expand housing opportunities.
• Explore development of 2004 ballot measure that would produce adequate revenues to
finance the cost of serving new housing development.
11
� a I
- Resolir[ion No. 9409 (2003 Series)
Exhibit B
Page 2
GOAL 3: RESTORE PUBLIC CONFIDENCE IN GOVERNMENT, PARTICULARLY CI
• Form an Ethics Education Task Force to evaluate current education offerings by the League
for elected and appointed officials.
• Evaluate the need to develop ethics education and certification programs for elected and
appointed city officials.
• Explore and implement expanded distance ethics learning (i.e., online) programs..
• Evaluate current League programs for recognizing excellence in ethics in city government and
assess need for new programs.
• Work with the Institute for Local Self - Government, CSAC, CSBA and other local government
groups to assess the need for new ethics education and training.
• Implement appropriate public relations or member education programs after completion of
earlier strategies.
Sub -units will report their activities in support of the League's strategic goals two weeks before most
League board meetings, according to the following schedule:
Board Meeting
Sub -unit reports due
February 7 -8, 2003
January 24, 2003
April 4 -5, 2003 J
March 21, 2003 J
July 18 -19, 2003
jJuly 12, 2003
October 7 and 10, 2003
None
November 14 -15, 2003 :--7-77JINovember
1, 2003 (final report)
M o 0 0
OAo
RESOLUTION NO. 9408 (2003 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
URGING THE CALIFORNIA LEGISLATURE TO REJECT THE GOVERNOR'S
PROPOSED SHIFT OF LOCAL VEHICLE LICENSE FEE (VLF) REVENUES
AND TO HONOR THE 1998 COMMITMENT TO RESTORE THE VLF TO ITS
NORMAL LEVEL
WHEREAS, prior to 1935, cities and counties collected property taxes on motor
vehicles to fund essential local public health and safety services; and
WHEREAS, in 1935, the Legislature first enacted the Vehicle License Fee (VLF)
Act, replacing the property tax on vehicles with a 1.75 percent fee charged against the
value of the motor vehicle; and
WHEREAS, in 1948, the rate of the VLF was increased to 2 percent of the value
of the vehicle; and
WHEREAS, in 1986, the voters voted overwhelmingly to constitutionally
dedicate the proceeds of the VLF to fund city and county services; and
WHEREAS, in 1998, a period of strong economic growth, the Legislature
approved the use of a portion of the rapidly growing state General Fund to reduce the
VLF payments of vehicle owners. This amount, known as the `offset ", grew in future
years to a 67.5 percent offset against the amount owed. The amount paid to local
governments in lieu of the reduced VLF payment is known as the "VLF backfill"; and
WHEREAS, the 1998 legislation and subsequent enactments contain clear
provisions that when insufficient funds are available to be transferred from the General
Fund to fully fund the offsets and backfill amount that the VLF offset shall be reduced
and VLF payments increased; and
WHEREAS, VLF and backfill revenues constitute 15 to 25 percent of typical city
and county general purpose revenues. On average, more than 60 percent of city general
fund spending and more than half of county general funds go to front line law
enforcement, fire, emergency medical services, and health care programs; and
WHEREAS, revenues derived from the VLF and backfill are of critical
importance in funding vital local public health and safety services; and
WHEREAS, any failure by the Legislature to maintain the VLF backfill or
restore the VLF will cause widespread disruption in local government services essential
to the well -being of California citizens and their cities and counties; and
1"W11111 .1
Resolution No. 9408 (2003 Series)
Page 2
WHEREAS, Governor Davis' proposal to divert $4 billion in local VLF backfill
payments over the next 17 months fails to honor the 1998 commitment and is a direct
assault on local services that will be felt by every California resident; and
WHEREAS, shifting $4.2 billion in locally controlled revenues for local services
is neither equitable nor fair. No state program or department has been asked to shoulder
such a disproportionate share of the budget pain. These cuts come on top of the nearly $5
billion each year that is transferred from local services to fund state obligations.
BE IT RESOLVED by the Council of the City of San Luis Obispo that if the
state General Fund can no longer afford the expense of part or all of the VLF "backfill"
that the Legislature and Governor of California are hereby respectfully urged to
implement the provisions of current law providing for the reduction of the VLF offset in
bad economic times and to restore the VLF in an amount necessary to reduce the VLF
backfill; and
RESOLVED FURTHER, that the City of San Luis Obispo hereby expresses its
profound appreciation to the legislators who support such VLF restoration legislation.
Upon motion of Council Member Settle, seconded by Vice Mayor Mulholland, and on the
following roll call vote:
AYES: Council Members Ewan, Schwartz and Settle,
Vice Mayor Mulholland and Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 215` day of January, 2003.
City Clerk
APPROVED AS TO F
ilbert A. Trujillo
Acting City Attorney
fi
Mayor David F. '• •
�e mi ld",-�Gn
�e3-n j�U� i.l 4�-� � �L`l��l.� V.� l� -��.`! U t 1 •i k !L+ �'Y,`. �' �'
t'f U�1G- �!(�.i� `�C1.+"RU����' �'lv�., i�'ft�D:� =a�°- � �jL�4.�.� 1<.L�•t�
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C
RESOLUTION NO. 9407 (2003 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
OPPOSING UNILATERAL PREEMPTIVE MILITARY ACTION AGAINST
IRAQ BY THE UNITED STATES
WHEREAS, the United States is part of the family of nations and a charter
member of the United Nations, subscribing to its principles, including Article 2(4), which
states that "All Members shall refrain in their international relations from the threat or use
of force against the territorial integrity or political independence of any state" except in
self - defense, responding to an armed attack, under Article 51; and
WHEREAS, the government of Iraq has agreed to the unconditional return of
international weapons inspectors to determine Iraq's compliance with United Nations
Security Council resolutions concerning the development and possession of weapons of
mass destruction by Iraq; and
WHEREAS, an invasion threatening the survival of Saddam Hussein, the "regime
change" demanded, might well force him (Mr. Hussein) to preemptively defend himself
by using weapons of mass destruction on United States and allied forces and/or Iraq's
neighbors including Israel; and
WHEREAS, an international consensus does not currently exist in support of
United States military action, with most of the world's nations opposing unilateral
preemptive military action by the United States; and
WHEREAS, the citizens of San Luis Obispo and their local elected officials have
the constitutional right, indeed duty, to petition the national government on this matter of
grave concern to our community as part of the national and international debate now
underway; and
WHEREAS, the Council of the City of San Luis Obispo cannot speak for all
residents but has been asked by many people to speak out on this momentous issue facing
our nation.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San
Luis Obispo as follows, the City Council:
SECTION 1. Believes that it is in the best interests of our country, and for peace
among the nations of the world, for the United States to act in concert with the United
Nations and not unilaterally, to bring about Iraq's compliance to disarmament of any
weapons of mass destruction; and
SECTION 2. Reaffirms the articles of the United Nations Charter and the
principles of international law on the peaceful resolution of disputes; and
R 9407
/ f
Resolution No. 9407 (2003 Series)
Page 2
SECTION 3. Expresses opposition to the United States threatened violation of
the United Nations Charter by unilateral, preemptive military action against the sovereign
nation of Iraq, and to the dangerous precedent such action would establish; and
SECTION 4. Urges the President and Congress to work with and through the
United Nations to obtain compliance by Iraq with United Nations Security Council
Resolution 1441 and support fully the work of international weapons. inspectors to Iraq
for the purpose of immediate disarmament; and
SECTION 5. Asserts that war should be only the last resort, after exhausting all
diplomatic and political means, and that war is not to be undertaken unilaterally or
preemptively by the United States or any other country.
Upon motion of Council Member Settle, seconded Council Member Ewan, and on
the following roll call vote:
AYES: Council Members Ewan,
Mayor Romero
NOES: Council Member Schwartz
ABSENT: None
Settle, Vice Mayor Mulholland, and
The foregoing resolution was adopted this 7th day of January 2003.
Mayor David F. Romero
City Clerk
APPROVED AS TO FORM:
Gilbert A. j o
Acting City Attorney
�isc�.Vv� SV� �vn bt��✓1 1, ►� ��/'.� -.��� h..
ADO W L I's v Cpl S;-,
L. 1"- I C ft (:7 U 0) 7-
��p�r cN' �a 9 ��►3
OFFICE OF THE MAYOR • 990 PALM STREET
Post Office Box 8100 a San Luis Obispo, CA 93403 -8100 • 805/549.7111'
January 10, 2003
George W. Bush
President of the United States
1600 Pennsylvania Ave.
Washington, D.C. 20500
Dear President Bush:
RE: A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
OPPOSING UNILATERAL PREEMPTIVE MILITARY ACTION AGAINST IRAQ
BY THE UNITED STATES
The San Luis Obispo City Council adopted the above referenced resolution at their regular
meeting on January 7, 2003. On behalf of the citizens of San Luis Obispo, we are
forwarding this resolution to you.
Sincerely,
E//
David F. Romero
Mayor
cc: City Council
Ken Hampian, City Administrative Officer
HRC Commission
Dave Mullinax, League of California Cities
ce qty o�
� O SM IWS OBIS OFFICE OF THE MAYOR • 990 PALM STREET
!j � ` V Post Office Box 8100 • San Luis Obispo, CA 93403 -8100 • 805/549 -7111
C
January 10, 2003
Honorable Gray Davis
Governer, State of California
State Capitol
Sacramento, CA 95814
Dear Governor Davis:
RE: A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
OPPOSING UNILATERAL PREEMPTIVE MILITARY ACTION AGAINST IRAQ
BY THE UNITED STATES
The San Luis Obispo City Council adopted the above referenced resolution at their regular
meeting on January 7, 2003. On behalf of the citizens of San Luis Obispo, we are
forwarding this resolution to you.
Sincerely,
David F. Romero
Mayor
cc: City Council
Ken Hampian, City Administrative Officer
HRC Commission
Dave Mullinax, League of California Cities
January 10, 2003
city of s Luis OBISPO.
OFFICE OF THE CITY COUNCIL
990 Palm Street a San Luis Obispo, CA 93401 -3249 a 8051781 -7119
Honorable Barbara Boxer
U.S. Senate
112 Hart Senate Office Bldg.
Washington, D.C. 20510
Dear Senator Boxer.
RE: A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
OPPOSING UNILATERAL PREEMPTIVE MILITARY ACTION AGAINST IRAQ
BY THE UNITED STATES
The San Luis Obispo City Council adopted the above referenced resolution at their regular
meeting on January 7, 2003. On behalf of the citizens of San Luis Obispo, we are
forwarding this resolution to you.
Sincerely,
David F. Romero
Mayor
cc: City Council
Ken Hampian, City Administrative Officer
HRC Commission
Dave Mullinax, League of California Cities
city of s Luis OBISPO
January 10, 2003
OFFICE OF THE CITY COUNCIL
990 Palm Street ■ San Luis Obispo, CA 93401 -3249 a 8051781 -7119
Honorable Dianne Feinstein
U.S. Senate
331 Hart Senate Office Bldg.
Washington, D.C. 20510 -0504
Dear Senator Feinstein:
RE: A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
OPPOSING UNILATERAL PREEMPTIVE MILITARY ACTION AGAINST IRAQ
BY THIN UNITED STATES
The San Luis Obispo City Council adopted the above referenced resolution at their regular
meeting on January 7, 2003. On behalf of the citizens of San Luis Obispo, we are
forwarding this resolution to you.
Sincerely,
r � s
David F. Romero
Mayor
cc City Council
Ken Hampian, City Administrative Officer
HRC Commission
Dave Mullinax, League of California Cities
tY o
0
(
January 10, 2003
city of S- an "S-OBISIV
OFFICE OF THE CITY COUNCIL
990 Palm Street ■ San Luis Obispo, CA 93401 -3249 ® 805/781 -7119
Honorable Lois Capps
House of Representatives
Longworth Bldg. #1118
Washington, D.C. 20515
Dear Representative Capps:
RE: A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
OPPOSING UNILATERAL PREEMPTIVE MILITARY ACTION AGAINST IRAQ
BY THE UNITED STATES
The San Luis Obispo City Council adopted the above referenced resolution at their regular
meeting on January 7, 2003. On behalf of the citizens of San Luis Obispo, we are
forwarding this resolution to you.
Sincerely,
C2�1;
David F. Romero
Mayor
cc: City Council
Ken Hampian, City Administrative Officer
HRC Commission
Dave Mullinax, League of California Cities
V4
\'y
��tY o� J
eff * city o san huIs OBIS o _
tN OFFICE OF THE CITY COUNCIL
\/ S O 990 Palm Street a San Luis Obispo, CA 93401 -3249 x 805f781 -7119
January 10, 2003
Honorable William M. Thomas
House of Representatives
Rayburn Bldg. #2208
Washington, D.C. 20515
Dear Representative Thomas:
RE: A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
OPPOSING UNILATERAL PREEMPTIVE MILITARY ACTION AGAINST IRAQ
BY THE UNITED STATES
The San Luis Obispo City Council adopted the above referenced resolution at their regular
meeting on January 7, 2003. On behalf of the citizens of San Luis Obispo, we are
forwarding this resolution to you.
Sincerely,,
David F. Romero
Mayor
cc: City Council
Ken Hampian, City Administrative Officer
HRC Commission
Dave Mullinax, League of California Cities
nosco Cl o sAn luis oaspo OFFICE OF THE CITY COUNCIL
990 Palm Street ■ San Luis Obispo, CA 93401 -3249 ■ 805/781 -7119
January 10, 2003
Honorable Bruce McPherson
California State Senate
State Capitol 2054
Sacramento, CA 95814
Dear Senator McPherson:
RE: A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
OPPOSING UNILATERAL PREEMPTIVE MILITARY ACTION AGAINST IRAQ
BY THE UNITED STATES
The San Luis Obispo City Council adopted the above referenced resolution at their regular
meeting on January 7, 2003. On behalf of the citizens of San Luis Obispo, we are
forwarding this resolution to you.
Sincerely,
David F. Romero
Mayor
cc: City Council
Ken Hampian, City Administrative Officer
HRC Commission
Dave Mullinax, League of California Cities
January 10, 2003
city of sm is o09po
OFFICE OF THE CITY COUNCIL
990 Palm Street a San Luis Obispo, CA 93401 -3249 a 8051781 -7119
Honorable Abel Maldonado
California Assembly
Capitol Bldg., Room 4017
Sacramento, CA 95814
Dear Assemblyman Maldonado:
RE: A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
OPPOSING UNILATERAL PREEMPTIVE MILITARY ACTION AGAINST IRAQ
BY THE UNITED STATES
The San Luis Obispo City Council adopted the above referenced resolution at their regular
meeting on January 7, 2003. On behalf of the citizens of San Luis Obispo, we are
forwarding this resolution to you.
Sincerely,
David F. Romero
Mayor
cc: City Council
Ken Hampian, City Administrative Officer
HRC Commission
Dave Mullinax, League of California Cities
January 10, 2003
city of s IUIS OBISPO
OFFICE OF THE CITY COUNCIL
990 Palm Street a San Luis Obispo, CA 93401 -3249 s 805/781 -7119
Dave Mullinax
League of California Cities, Channel Division
829 1/2 Santa Barbara St.
Santa Barbara, CA 93101
Dear Mr. Mullinax:
RE: A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
OPPOSING UNILATERAL PREEMP'T'IVE MILITARY ACTION AGAINST IRAQ
BY THE UNITED STATES
The San Luis Obispo City Council adopted the above referenced resolution at their regular
meeting on January 7, 2003. On behalf of the citizens of San Luis Obispo, we are
forwarding this resolution to you.
Sincerely,
David F. Romero
Mayor
cc: City Council
Ken Hampian, City Administrative Officer
HRC Commission
01
RESOLUTION NO. 9406 (2003 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING INTEGRATED SOLID WASTE RATES
WHEREAS, on June 21, 1994, the City Council of the City of San Luis Obispo approved
the Rate Setting Manual Process and Methodology Manual for Integrated Solid Waste
Management Rates; and
WHEREAS, a review of San Luis Garbage Company's 2003 interim year solid waste rate
application has been completed in accordance with the adopted solid waste rate setting policies.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Resolution No. 9259 (2001 series) is hereby rescinded on midnight,
February 6, 2003.
SECTION 2. The rates set forth in Exhibit A shall be effective February 7, 2003.
On motion of Council Member Settle, seconded by Council Member Mulholland, and on
the following roll call vote:
AYES: Council Members Ewan, Settle and Schwartz, Vice Mayor Mulholland
and Mayor Romero
NOES: None
ABSENT: None
The foregoing Resolution was adopted on this 7' day of January 2003.
�4�. Z.,: �- ,a
Mayor David F. Romero
ATTEST:
Lee Price, C.M.0
City Clerk
APPROVED AS TO FORM:
filbert A. TrujMo
Acting City Attorney
C
utlis.
rnUV-�ds
K 7l*Ulo (wo5)
- Exhibit A
CITY OF SAN LUIS OBISPO - __ pa j E
2.00% AVERAGE ACROSS THE BOARD INCREASE
FOR INTEGRATED SOLID WASTE ACTIVITIES
EFFECTIVE 2 -1 -2003
MULTI -UNIT RESIDENTIAL DUMPSTER CONTAINERS (PER MONTH)
Size of
container
COLLECTIONS PER WEEK
(cubic yards)
1 2 3 4 5 6 7
1
$71.42
$104.01
$136.581
$169.16
$201.73
$234.29
$266.87
1.5
$82.70
$127.80
$172.90
$218.00
$263.12
$308.21
$353.33
2
$93.97
$150.35
$206.73
$263.11
$319.49
$375.85
$432.23
3
$116.51
$195.46
$274.39
$353.33
$432.26
$511.19
$590.13
4
$139.07.
$241.81
$344.57
$447.31
$550.06
$652.82
$755.58
6
$184.15
$333.26
$482.38
$631.48
$780.61
$929.71
$1,078.83
The rates shown above include the monthly container rental fee and are the same for bins
and garwoods, when volume is identical.
COMMERCIAL GARBAGE CANS (PER MONTH)
number
of
COLLECTIONS PER WEEK
cans
1 2 3 4 5 6 7
1
$17.55
$27.56
$37.581
$47.60
$57.61
$67.63
$77.64
2
$22.55
$35.09
$47.621
$60.14
$72.68
$85.21
$97.73
3
$27.57
$42.63
$57.65
$72.71
$87.74
$102.79
$117.83
4
$32.59
$50.13
$67.67
$85.22
$102.77
$120.31
$137.85
5
$37.60
$57.64
$77.69
$97.73
$117.79
$137.83
$157.88
6
$42.63
$65.16
$87.71
$110.26
$132.79
$155.36
$177.90
7
$47.63
$72.701
$97.74
$122.81
$147,871
$172.931
$197.99
8
$52.65
$80.221
$107.79
$135.36
$162.951
$190.52
$218.09
9
$57.65
$87.731
$117.811
$147.88
$177.951
$208.021
$238.11
Maximum volume and weight per garbage can: 35 gallons and 80 pounds
Additional charge per can per collection:
Optional Waste Wheeler rental if requested $0.00 Per month for 32 gallon & 64 gallon size
Sunday service $43.86 per month in addition to garbage service monthly cost
Proposed Rate Schedule for Integrated Solid Waste Services effective 2 -1 -2003
CITY OF SAN LUIS OBISPO A+4Gr C' 2
COMMERCIAL WASTE WHEELER CONTAINERS (PER MONTH)
number
Of
COLLECTIONS PER WEEK
containers
1 2 3 4 5 6 7
1
$31.27
$50.07
$68.87
$87.67
$106.48
$125.271
$144.08
2
$51.27
$78.81
$106.38
$133.94
$161.50
$189.06
$216.63
3
$71.26
$107.58
$143.92
$180.25
$216.59
$252.91
$289.25
4
$91.24
$136.34
$181.46
$226.55
$271.67
$316.76
$361.88
5
$111.23
$165.12
$218.99
$272.87
$326.75
$380.62
$434.50
6
$131.22
$193.88
$256.53
$319.17
$381.82
$444.49
$507.12
7
$151.23
$222.64
$294.06
$365.49
$436.91
$568.33
$579.75
8
$171.21
$251.41
$331.60
$411.79
$491.99
$572.18
$652.37
9
$191.21
$280.16
$369.12
$458.07
$547.03
$635.971
$724.92
COMMERCIAL DUMPSTER CONTAINERS (PER MONTH)
Size of
container
COLLECTIONS PER WEEK
(cubic yards)
1 2 3 4 5 6 7
1
$62.65
$87.71
$112.77
$137.83
$162.87
$187.95
$213.01
1.5
$70.16
$102.73
$135.30
$167.89
$200.46
$233.04
$265.62
2
$77.68
$116.52
$155.38
$194.22
$233.07
$271.91
$310.75
3
$92.71
$146.58.
$200.46
$254.34
$308.21
$362.09
$415.97
4
$107.74
$177.91
$248.06
$318.24
$388.40
$458.56
$528.73
6
$137.80
$236.80
$335.79
. $434.79
$533.78
$632.77
$731.77
8
1 $167.861
$295.681
$423.481
$551.301
$679.11
$806.921
$934.73
The rates shown above include the monthly container rental fee and are the same for bins
and garwoods, when volume is identical.
Sunday service $43.861 per month in addition to garbage service monthly cost
UNSCHEDULED EXTRA COLLECTIONS FOR
COMMERCIAL CUSTOMERS AND
MULTI -UNIT RESIDENTIAL DUMPSTER CUSTOMERS
$28.83
1 cubic yard (minimum charge)
$37.59
2 cubic yards
$46.36
3 cubic yards
$55.13
4 cubic yards
Proposed Rate Schedule for integrated Solid Waste Services effective 2 -1 -2003
CITY OF SAN LUIS OBISPO PAG, r3
SINGLE FAMILY and MULTI -UNIT RESIDENTIAL (4 units or less)
VOLUME -BASED RATES
MINI -CAN SERVICE
$6.19 per month for one 19 gallon wastewheeler container collected once each week
ECONOMY RATE
$9.90 per month for one 32 gallon wastewheeler container collected once each week
STANDARD RATE
$19.80 per month for one 64 gallon wastewheeler container collected once each week
PREMIUM RATE
$29.70 per month for one 96 gallon wastewheeler container collected once each week
PREMIUM PLUS RATE
$9.02 per month for additional 32 gallon wastewheeler container collected once each week
$18.04 per month for additional 64 gallon wastewheeler container collected once each week
$27.06 per month for additional 96 gallon wastewheeler container collected once each week
SERVICE AWAY FROM THE STREET CURB
$6.75 additional per month per can or container
LATE MAKEUP COLLECTIONS WITH GARBAGE TRUCK (phone call required)
$10.03 per trip plus charges identified above for any extra containers or equivalent volume
$4.95 1 additional charge per 33 gallon can or equivalent volume per collection
cULLec i IUna wi 1 n r19,rwr UK rw I ntU I KUUK tpnone can
15.05 IDer triD Dlus:
$4.95 per garbage can or equivalent volume (amounts over six cans by quotation)
$3.75 per white good article (once a month)
$3.75 per piece of furniture
$3.75 per mattress or boxspring
Proposed Rate Schedule for Integrated Solid Waste Services effective 2 -1 -2003
CITY OF SAN LUIS OBISPO D1�IIAE 4
RATE SCHEDULE
FOR COMMERCIAL RECYCLING ACTIVITIES
BASE CHARGE FOR COMMERCIAL RECYCLING
All commercial customers will pay $3.00 per month for commercial recycling services. This charge includes
all recycling services except collection of cardboard in excess of two yards once a week. This base charge
has already been added to the garbage rates.
CARDBOARD COLLECTION
COMMERCIAL DUMPSTER CONTAINERS (PER MONTH)
Size of
container
COLLECTIONS PER WEEK
(cubic yards)
1 2 3 4 5 6 7
1
INCLUDED
$21.931
$28.19
$34.46
$40.72
$46.99
$53.25
1.5
INCLUDED
$25.68
$33.82
$41.96
$50.11
$58.25
$66.41
2
INCLUDED
$29.13
$38.84
$48.56
$58.26
$67.97
$77.69
3
$23.18
$36.65
$50.11
$63.59
$77.06
$90.53
$103.99
4
$26.94
$44.49
$62.02
$79.56
$97.09
$114.65
$132.18
6
$34.45
$59.20
$83.95
$108.70
$133.46
$158.19
$182.95
8
$41.96
$73.91
$105.891
$137.831
$169.781
$201.74
$233.68
The rates shown above include the monthly container rental fee and are the same for bins
and garwoods, when volume is identical.
WHITE OFFICE PAPER COLLECTION
White office paper can be commingled with other recycling in our blue waste wheeler.
In office collection of white /colored paper is available at $42.40 per hour
POLYSTYRENE COLLECTION
Polystyrene is no longer collected for recycling. It should be thrown away as trash.
Proposed Rate Schedule for Integrated Solid Waste Services effective 2 -1 -2003
-�l W&VI O
Uri S
ML(Vlcl5
O 13
RESOLUTION NO. 9405 (2003 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS .
OBISPO APPROVING A DENSITY BONUS FOR A 40 -UNIT,
AFFORDABLE SENIOR CITIZEN HOUSING PROJECT LOCATED ON
2005 JOHNSON AVENUE; APPLICATION NO. ARC 147 -02
WHEREAS, the Council of the City of San Luis Obispo conducted a public hearing on
January 7, 2003, in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, for the purpose of considering a request for a density bonus, Application No. ARC
147 -02, a request to allow development of 40 1- bedroom apartments for low- income senior
citizens; and
WHEREAS, Chapter 17.90 of the Zoning Regulations entitles the project to a density
bonus of 25% above the normal density for the R -2 zone; and
WHEREAS, in order to permit the number of dwellings proposed by the Housing
Authority for the project site, an additional density bonus of 58% must first be granted by the
City Council;
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations by staff, presented at
said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
Section 1. Findings. Based upon all the evidence, the Council makes the following
findings:
1. The proposed use is consistent with the purpose of the R -2 zone because it will provide
housing opportunities for low- income senior citizens close to commercial and public
services and the project related impacts are consistent with those expected from standard R-
2 projects because the units will be individually occupied and seniors makes fewer trips per
day than the general population.
2. The proposed density bonus is consistent with the General Plan because a large portion of
land designated for Medium Density residential development in this neighborhood is
occupied by a church. The proposed project will have a population density of 33.3 people
per acre and will raise the average population density in the neighborhood so that it is
consistent with Table 4 of the Land Use Element, which sets 25 people per acre as an
appropriate population density for Medium Density residential land.
3. The Cultural Heritage Committee has recommended approval of the project to the
Architectural Review Commission because they determined that the proposed apartments
were, architecturally compatible with the Miller/Hathway House, which will be relocated
and rehabilitated as part of the project.
R 9405
Resolution No. (2003 Series)
Page 2
Section 2. Approval. The Council does hereby approve a density bonus of 58 %, in
addition to a 25% density bonus that the applicant is entitled to, for a total density bonus of 83 %,
subject to the following conditions of approval.
The project design shall be subject to the review and approval of the Architectural
Review Commission, which may result in a reduction of the total number of units that
can be developed on this site.
2. The applicant and staff are directed to investigate alternatives to the proposed design for the
upper parking lot to insure that the driveway is not too close to the intersection. Cars
making a left turn into the parking lot should not queue traffic on Johnson Avenue.
3. Staff is directed to provide feedback to the City Council on the potential for providing a
traffic signal at the Johnson/Ella intersection in conjunction with this project.
4. The ARC should look at the flat roof components of the proposed apartments to insure they
are architecturally compatible with the rest of the project.
Upon motion of Council Member Settle, seconded Council Member Schwartz, and on the
following roll call vote:
AYES: Council Members Ewan,
and Mayor Romero
NOES: None
ABSENT: None
Settle, and Schwartz, Vice Mayor Mulholland
The foregoing resolution was adopted this 7`" day of January 2003.
' f' 1-
ATTEST:
Lee Price, C.
f City Clerk
APP VED AS TO FORM:
ilbert A. Trujillo
Acting City Attorney
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RESOLUTION NO.9404 (200,13 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DECLARING INTENTION TO REIMBURSE EXPENDITURES
RELATING TO ENERGY CONSERVATION PROJECTS
FROM THE PROCEEDS OF LEASE PURCHASE AGREEMENT OF THE CITY
WHEREAS, the City Council of the City of San Luis Obispo (the "City") is
undertaking proceedings to finance the Energy Conservation Project at selected City
facilities; and
WHEREAS, in order to provide funds to finance the Energy Conservation
Project, the City Council intends to participate in a tax - exempt Lease Purchase
Agreement (Agreement) financing in the aggregate principal amount of approximately
$3,000,000; and
WHEREAS, in order to use the proceeds of the Agreement to reimburse
advances made by the City for the Energy Conservation Project before the date of
securing the Agreement, but not more than sixty (60) days before the date of adoption of
this Resolution, Section 1.150 -2 of the United States Income Tax Regulations requires
that City Council declare its intention to reimburse such advances from the proceeds of
the Agreement; and
WHEREAS, it is in the public interest and for the public benefit that the City
declare its official intent to reimburse the expenditures referenced herein;
NOW THEREFORE BE IT RESOLVED by the Council of the City of San
Luis Obispo as follows:
SECTION 1. Declaration of Intent. The Council hereby declares that it
reasonably expects to enter into a Lease Purchase Agreement and to use a portion of the
proceeds thereof to reimburse expenditures made by the City for the Energy Conservation
Project before the date of the Agreement, and not more than sixty (60) days before the
date of adoption of this Resolution. The Agreement shall be issued in an aggregate
principal amount which is sufficient to raise funds for the Energy Conservation Project in
the approximate amount of $3,000,000.
SECTION 2. Effective Date. This Resolution shall take effect from and after the
date of its passage and adoption.
R 940LI
Resolution No. 9404 *3 Series) O
Page 2
Upon motion of Council Member Ewan, seconded by Council Member Settle and
on the following roll call vote:
AYES: Council Members Ewan, Settle, and Schwartz, Vice Mayor
Mulholland and Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 7`h day of January 2003.
City Clerk
APPROVED AS TO FORM:
Gilbert A. Trujillo
Acting City Attorney
Mayor David F. Romero
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RESOLUTION NO. 9403 (2003 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
SUPPORTING ALLOCATION OF PROPOSITION 50 FUNDS
IN SAN LUIS OBISPO COUNTY
WHEREAS, the California electorate has approved proposition 50, on November 5,
2002; and
WHEREAS, Proposition 50 included approximately $525 million in funding for
allocation among certain counties, including approximately $15 million for San Luis Obispo
County; and
WHEREAS, representatives from 26 local agencies and nonprofit organizations have
proposed to allocate these funds to meet the water, wastewater, drainage, and open space needs
of San Luis Obispo County.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of San Luis
Obispo hereby:
1. Supports allocation of the $15 million "set aside" for San Luis Obispo County as detailed
on the attached worksheet.
2. Respectfully requests that Assembly Member Abel Maldonado and State Senator Bruce
McPherson work to secure the appropriation of said funds as detailed on the attached
worksheet.
Upon motion of Council Member Ewan, seconded Council Member Settle and on the
following roll call vote:
AYES: Council Members Ewan, Settle, and Mayor Romero
NOES: Council Member Schwartz and Vice Mayor Mulholland
ABSENT: None
The foregoing resolution was adopted this 7th day of January 2003.
--Opp
ce-
ATTEST:
Lee Price, C.M. .
City Clerk
R 9403
Resolution No. 9403 (2003 Series)
Page 2
APPROVED AS TO FORM:
Gilbert A. T o
Acting City Attorney
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M LUlb-OBISPO PROPOSITION 50 Fyr ")G
LIST
Los Osos CSD
...... .
Los Osos Wastewater Project
AMOUNT
$2,700,000
----- I-I -- TASUBTOT41-
- $2,7(�0006
LIST
AGENCY
_B_
---- -- - 44idAcc
AMOUNT
Ame-n-c-a'n-Land Conservancy
-.-4Molinari Ranch Acquisition
-
-6.-T-Replace
$300,000
.qYi_qf Arroyo Grande
Resevo:
ir� Replacement Protect
$300,00
Ci Atas �derq
iAtascadero- Lake W;k-er Quality
$300,000
Avila Beach CSD
_R6a
I ter System Master Plan & a�terlLR on
Rehabilitation
$300,000
Cambria CSD
I Molinari Ranch Open Space & Watershed Protection Project
-. _ _ _ -
$300,000
qayucos Sanitary
a.District
I Pump Station No. 2 Relocation/l -orce main Replacement
300.000
Central Coast Salmon Enhancement
_;Tally Ho Creek Restoration Project
$300,000
Coastal San Luis RCD
-----rG-roundwater
!Los Berros Creek Flood Plain Restorabon P
--Project
$300,000
City of Grover Beach ----------�A-1temative
Infiltration
$300,000
lie CSD
--- ---------
Water Supply Projects (s)
$300,000
Los OsosCSD
!Los Osos Wastewater Project
$300,000
Progrannatic Funding for the Retirement of Developmental Potential on
Morro Estuary Greenbelt Alliance
Remaining Privately Held Undeveloped Natural Shoreline within Morro Say I
lestuary
City of Morro Bay
'DeSal Energy Recovery
$300,000
$300.000
Nipomo CSD
I InnerTie w/Santa Maria
$300,000
City of Paso Robles
jAlternative Disposal of Wastewater Discharge
$300,000
City of Pismo Beach...
i Wastewater Treatment Plant Flood Protection
$300,000
Port San Luis Harbor District
is Pollution and Flood Control Project -----.-
i
$300,000
San Miguel CSD
lWater Systems Rehabilitation 1
$300,000
Sin Simeon CSD
Re led Water Project
$300,000
City of San Luis Obispo
Mid Higuera Bypass Channel
$300,000
SLO Co Flood Control & Water Cons District
nosenfection/Disenfectants By Products Rule Compliance i
$300,000
So SLO County Sanitaiton District
I
Water Recycling Project
$300,000
SLO Parks, Open Space and Trails Found
(Santa Lucia Wilderness Expansion
$300
Templeton CSD
WaseZier Disposal System/Silva Water Well Replacement
,000
$300,000
Templeton USD
lWastewater Disposal System-Meadowbrook WW`TP
$300,000
LIST B SUBTOTAL I
$7,500,000
LIST A + B SUBTOTAL i
$10,200,000
LIST C
AGENCY
PROJECT I
AMOUNT
San Simeon CSD
!Water
_
M Plan and Water Tank Replacement
$150,000
San Simeon CSD
[Correct
Water System Deficiencies
$200,000
City of Pismo Beach
IWastewater
Treatment Plant Flood Protection
$600,000
City of Arroyo Grande
I
Resevoir No. 1 Replacement Project
$900,000
SLO Co Flood Control & Water Cons District
IDisenfection/Disenfectants
By Products Rule- Compliance
$700,000
Cayucos Sanitary District
Rump Station No. 2 Relocabon-/Force Main Replacement i
$400,000
So SLO County Sanitafton District
lWater
Recycling Project
$100,000
City of Atascade ro
Atatcadbro Lake Water Qual!
$250,000
Templeton CSD
Water Storage and Pressure System Upgraide
$1,000,000
City of Paso Robles
SWMP,
Storm Water Pollution Flood Control Project
$200,000
Port San Luis Harbor District I
LIST
"
LIST A, B, C, SUBTOTAL 1
$16,000,000
LIST D
AGENCY
PROJECT
-TM-ofinah
AMOUNT
American Land Conservancy
Ranch Acquisition
$200.000
Cambria CSD
;Molinari Ranch Open Space & Watershed Protection Project
$600.000
City of San LLis Obis- 'Ahearn Property Acquisition
$400,000
City of San Luis Obispo LISPO - -- - - -
I Modify Parks and Pia grounds to Use Recycled Water
$300,000
City of San Luis Obispo
Washing Machine Rebate Program
$50,000
of Morro Bay
DeSal Eney Recovery
r _g
$100,000
i o o S
;lnnerTieW/Santa Maria
$1,350,000
...... ...... LIST D SUBTOTAL;
$3,000,000
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