HomeMy WebLinkAbout9425-9449RESOLUTION NO. 9449 (2003 Serij
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING
APPLICATION FOR GRANT FUNDS FROM THE
FEDERAL FARMLAND PROTECTION PROGRAM (FPP) FOR THE
PROJECT KNOWN AS BRUGHELLI EASEMENT ACQUISITION
WHEREAS, the Congress of the United States has established the Farmland Protection Program,
administered by the U. S. Department of Agriculture, Natural Resources Conservation Service, and through
said program is providing assistance to conserve important agricultural land resources that are subject to land
use conversion pressures; and
WHEREAS, the City of San Luis Obispo has an active program designed to acquire agricultural
conservation easements on one or more areas surrounding the City in cooperation with landowners for the
purpose of conserving important agricultural resources; and
WHEREAS, Ercole and Naomie Brughelli have indicated their desire to sell a conservation easement
on 160 acres of land on their property, which land meets the eligibility requirements for enrollment in the FPP.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo
hereby:
1. Authorizes the filing of an application for grant assistance from the Federal Farmland Protection
Program for the above project; and
2. Appoints the City Administrative Officer as agent of the City to conduct all negotiations, execute and
submit all documents, including, but not limited to, applications, agreements, amendments, payment requests
and so on, which may be necessary for the completion of the aforementioned project.
On motion of 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 6h day of May 2003.
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ATTEST:
Lee Price, C.M.C.
City Clerk
APPROVED AS TO FORM
Gilbert A. Trujillo, Acting City Attorney
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RESOLUTION NO. 9448 (2003 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING
APPLICATION FOR GRANT FUNDS FROM THE CALIFORNIA DEPARTMENT OF
CONSERVATION'S FARMLAND CONSERVANCY PROGRAM FOR THE
PROJECT KNOWN AS BRUGHELLI EASEMENT ACQUISITION
WHEREAS, the Legislature of the State of California has established the Farmland Conservancy
Program within the Department of Conservation, and through said program is providing assistance to conserve
important agricultural land resources that are subject to conversion pressures; and
WHEREAS, the City of San Luis Obispo intends to acquire agricultural conservation easements on one
or more areas surrounding the City in cooperation with landowners for the purpose of conserving important
agricultural resources; and
WHEREAS, the City Council certifies that any easements obtained will meet the eligibility requirements
set forth in Public Resources Code Section 10251 and incorporated herein by reference;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the.City of San Luis Obispo hereby:
1. Authorizes the filing of an application for grant assistance from the State Farmland Conservancy
Program for the above project; and
2. Appoints the City Administrative Officer as agent of the City to conduct all negotiations, execute and
submit all documents, including, but not limited to,. applications,. agreements, amendments, payment requests and
so on, which may be necessary for the completion of the aforementioned project.
On motion of 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 6`s day of May 2003.
L / _�
Mayor David F. Romero
ATTEST
Lee Price, C.M.C.
City Clerk
APPROVED AS TO FORM
Gilbert A. Trujillo, Acting City Attorney
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RESOLUTION NO. 9447 (2003 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING THE PUBLIC WORKS DIRECTOR TO APPLY FOR GRANT FUNDING
FOR TRAFFIC SIGNAL BATTERY BACKUP SYSTEMS
WHEREAS, pursuant to Public Resources Code Section 25403.8, the State Energy Resources
Conservation and Development Commission (Energy Commission) is authorized to provide grants to
city governments for battery backup systems for traffic signals; and
WHEREAS, in order to be eligible for funding, the battery backup systems must be used in
conjunction with light emitting diode traffic signals;
NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of San Luis Obispo
authorizes the City of San Luis Obispo to apply for funding from the California Energy Commission for
battery backup systems operating with light emitting diode traffic signals;
BE IT ALSO RESOLVED, that the City has received notification of funding for an additional
six signal locations by the California Energy Commission in the amount of $15,120 as part of Cycle 2 of
the Battery Backup Grant program;
BE IT ALSO RESOLVED, that the City has conducted a successful competitive bid process for
Specification 90070, Traffic Signal Battery Backup Project and has awarded the project to Meyers
Power Products, Inc. as the lowest responsible bidder;
BE IT FURTHER RESOLVED, that Michael McCluskey, Public Works Director is hereby
authorized and empowered to execute in the name of the City of San Luis Obispo all necessary
documents to implement and carry out the purpose of this resolution and to undertake all actions
necessary to undertake and complete the energy efficient project.
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 6`h day of May 2003.
Lee Price, C.M.C.
City Clerk
Mayor David F. Romero
R 9447
Resolution No. 9447 (2003Series)
Page 2
APPROVED AS TO FORM:
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filbert A ✓Trujillo, Acting City Attorney
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RESOLUTION NO. 9446 (2003 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A ONE -YEAR TIME EXTENSION FOR FILING THE FINAL MAP
FOR VESTING TENTATIVE TRACT MAP NO. 2340
(1720 Johnson Avenue; City File No. 4 -99)
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this Council, after consideration of public testimony, the
subdividers request, staff recommendations and reports thereon, found that the one -year time
extension is justified.
SECTION 2. Action. That a one -year time extension for filing the final map for Vesting
Tentative Tract Map No. 2372 is granted to April 11, 2004, subject to the original findings and
conditions of tentative map approval, as specified in City Council Resolution No. 9034 (2000 Series).
On 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 6`s day of May 2003.
Mayor David F. Romero
ATTEST
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Lee Price, C.M.C.
City Clerk
APPR VED AS TO FORM
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filbert A. Trujillo; Acting City Attorney
R 9446
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RESOLUTION NO. 9445 (2003 Series)
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING PROCEDURES FOR CITY PAYMENT OF
CONFLICT OF INTEREST - RELATED REAL ESTATE APPRAISAL COSTS
WHEREAS, pursuant to the Political Reform Act of 1974, Government Code sections
81000, et seq., City Council Members are from time to time required to analyze whether their
financial interests may create a conflict of interest in a particular City decision or action; and
WHEREAS, conflict of interest analyses sometimes require completion of expert real
estate appraisals which are beyond the expertise of City staff; and
WHEREAS, the expense of conflict of interest - related real estate appraisals should be
borne by the City, rather than individual Council Members, because conflicts of interest can
impair the integrity and legality of City decisions and because participation in City decisions and
actions to the greatest extent allowable by law is necessary in order to allow San Luis Obispo
residents to evaluate the performance of their elected representatives; and
WHEREAS, the City Council has determined it is in the public interest to establish
procedures specifying the manner in which City -paid conflict of interest - related real estate
appraisals may be obtained.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The City Council hereby adopts the following policy authorizing City
payments for City Council Member conflict of interest - related real estate appraisals:
CITY PAYMENTS FOR CONFLICT OF INTEREST - RELATED
REAL ESTATE APPRAISALS
1. Applicability.
This policy authorizes the City Attorney to obtain real estate appraisals at the
City's expense in the manner specified herein when in the opinion of the City Attorney such
appraisals are necessary in order to provide City Council Members with competent and complete
conflict of interest advice pursuant to the Political Reform Act of 1974, Government Code
sections 81000, et seq., or other applicable provisions of federal, state or local law.
R 9445
Resolution No. 9445 (2003 series)
Page 9 .
2. Definitions.
A. "Real Estate Appraisal" shall mean a legal service necessary for
completion of conflict of interest advice and shall consist of a qualified
real estate appraiser's professional evaluation, conducted in a manner
specified by the City Attorney of the value, or impact upon the value, of
real property in which a City Council Member or entity which is a source
of income to a City Council Member has an actual or legally imputed
financial interest.
3. Requests for Real Estate Appraisals and Council Review and Approval of
Requests.
A. Any City Council Member may request the City Attorney to obtain a Real
Estate Appraisal on behalf of the City when, in the opinion of the City Attorney, such appraisal
is necessary to provide the City Council Member with competent and complete conflict of
interest advice pursuant to the Political Reform Act of 1974, Government Code sections 8100, et
seq., or other applicable provisions of federal, state or local law.
B. The City Attorney shall notify the City, Council of the request in writing
within ten (10) working days of the request. The notice shall contain all information pertinent to
the request, including the legal justification for the appraisal and its estimated cost, if such an
estimate is available.
C. At the first regular City Council meeting following notice from the City
Attorney, a majority of the City Council present and voting may elect to agendize Council
review of the propriety of the request. Council review shall then be agendized for the next
regular City Council meeting. Following Council review, the City Council may approve, reject,
or conditionally approve the request.
D. If the City Council fails to agendize Council review of the propriety of the
request at the first regular City Council meeting following notice from the City Attorney, the
request shall be deemed approved, and the City Attorney shall prepare and execute any
documents and instructions needed to obtain the Real Estate Appraisal.
4. Appropriations.
The City Administrative Officer shall include in the proposed budget a
recommended appropriation level for Real Estate Appraisals. No appraisals shall be authorized
or conducted unless the City Council has duly appropriated sufficient funds to cover the cost of
such appraisals.
SECTION 2. The Council finds that this Resolution does not constitute a project subject
to the California Environmental Quality Act.
0
Resolution No. 9445 (200 Series)
Page 3
On 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 6`s day of May 2003.
�. WiRroemero
ATTEST _
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Lee Price, C.M.C.
City Clerk
APPROVED AS TO FORM
"Gilbert A. Trujillo, Acting City Attorney
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RESOLUTION NO. 9444 (2003 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
UPDATING PURCHASING GUIDELINES
WHEREAS, in the course of conducting City operations it is necessary to purchase a.broad range of
goods and services; and
WHEREAS, the Council has adopted purchasing policies and procedures as set forth in Chapter
3.24 of the Municipal Code that require the Council to specify by resolution the dollar amount of purchases
and contracts requiring the use of either open market or formal bidding procedures, and the level of authority
required to authorize invitations for bids (or requests for proposals), award contracts or approve Job Order
Contract Task Orders; and
WHEREAS, the Council desires to update existing guidelines to reflect current conditions and
implement improved procedures, including electing to become subject to the uniform construction cost
accounting procedures set forth in the Public Contract Code, commencing with Section 22010, as
required by the State in order to use the alternative bidding procedures for construction projects set forth
in Section 22032 of the Public Contract Code.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that:
SECTION 1. Resolution No. 8239 (1993 Series) is hereby rescinded and the updated purchasing
guidelines set forth in Exhibit A are hereby adopted.
SECTION 2. The construction change order policy set forth in Exhibit B is hereby amended.
SECTION 3. The City hereby elects to become subject to the uniform construction cost
accounting procedures set forth in the Public Contract Code.
On motion of Council Member Settle, seconded by Council Member Ewan, 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 April 15, 2003.
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Mayor David F. Romero
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Lee Price, C.M.C.
City Clerk
OVES TO FORM:
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Gilbert A. Trujillo, Acting City Attorney
R 9444
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Exhibit A
Resolution No.. 9444 (2003 Series)
PURCHASING GUIDELINES
In accordance with the policy framework set forth in Chapter 3.24 of the municipal code, City
purchases and contracts (including those for rentals and leases, but excluding those for real
property) will be made pursuant to these guidelines. Applicable competitive bidding categories,
authorization limits or contract award procedures will be based on unit cost, total purchase cost
for consolidated bid items or fiscal year aggregates in the case of blanket purchase orders or
similar ongoing purchasing arrangements. Staging of purchases in order to avoid these
competitive bidding procedures or authorization limits is prohibited.
GENERAL PURCHASES
Purchases and contracts for supplies, equipment, operating and maintenance services, and
construction projects will be made pursuant to the following guidelines.
A. Over - the - Counter. Purchases of less than $5,000 may be authorized by the Department
Head. Although no specific purchasing requirements are established for this level of
purchase, competitive bidding should be used whenever practical.
B. Open Market. Purchases between $5,000 and 25 000 $4809 may be authorized by the
Director of Finance (or designee) pursuant to the open market bidding procedures established
in Chapter 3.24 (Article 111) of the municipal code.
C. Formal Bids or Proposals. Purchases in excess of $25,000 $15,000 will be made pursuant
to the formal bidding requirements established in Chapter 3.24 (Article III) of the municipal
code. Authority to approve specifications, invite bids or request proposals and award
contracts will be as follows:
1. For purchases with an approved budget and a cost estimate of $100,000 $30,088 or less,
the City Administrative Officer is authorized to invite bids or request proposals, approve
specifications and award the contract.
2. For purchases in excess of $ 100 000 $30,088, Council approval of the specifications and
authorization to invite bids or request proposals is required. The Council may authorize
the City Administrative Officer to award the contract if the selected bid or proposal is less
than or equal to the Council- approved cost estimate and there are no substantive changes
to the specifications. Otherwise, Council award of the contract is required.
D.Job-Order Contracts:.. Construction. Proiects.._..Under the .Job Order Contact provisions o
Chapter 3.24 (Article. III of the -municipal code for maintenance- related constructioi
proiects, individual Task Orders up_to..$25,000_.may be approved by the City Engineer
Individual Task Orders in excess of $25,000 require atinroval by the. City Administrativ(
Officer.
CONSULTANT SERVICES
Contracts for consultant services will be awarded pursuant to the following guidelines.
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Exhibit A
Resolution No.. 9444 (2003 Series)
PURCHASING GUIDELINES I
A. Contracts for consultant services estimated to cost less than $5,000 may be awarded by the
Department Head. Although no specific purchasing requirements are established for this
level of contract, proposals should be solicited whenever practical.
B. Contracts for consulting services estimated to cost between $5,000 and 2_5,6 x,000 may
be awarded by the City Administrative Officer. Proposals from at least three firms should be
solicited whenever practical.
C. Contracts for consultant services estimated to cost more than 25 000 $44-,89A will generally
be awarded pursuant to the following guidelines; however, it is recognized that the City's
need for consultant services will vary from situation to situation, and accordingly, flexibility
will be provided in determining the appropriate evaluation and selection process to be used in
each specific circumstance.
1. The Council should generally approve request for proposal (RFP) documents before they
are issued. The Council may authorize the City Administrative Officer to award the
contract if it is less than or equal to the Council- approved cost estimate and there are no
substantive changes to the approved workscope. Otherwise, Council award of the
contract is required.
2. In the event that the timely evaluation and selection of a consultant precludes Council
approval of the RFP before it is issued, the RFP may be approved and distributed by the
City Administrative Officer; however, award of the contract will be made by the Council.
3. Cost will not be the sole criterion in selecting the successful bidder. Consultant proposals
will be evaluated based on a combination of factors that result in the best value to the
City, including but not limited to:
a. Understanding of the work required by the City
b. Quality and responsiveness of the proposal
c. Demonstrated competence and professional qualifications necessary for satisfactory
performance of the work required by the City
d. Recent experience in successfully performing similar services
e. Proposed methodology for completing the work
f. References
g. Background and related experience of the specific individuals to be assigned to the
project
h. Proposed compensation
4. If it is determined that it is in the best interest of the City for services to be provided by a
specific consultant —with contract terms, workscope and compensation to be determined
based on direct negotiations —contract award will be made by the Council.
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OVERVIEW
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Exhibit B
When the City awards a construction contract, the need for contract change orders (CCO's) is not
unusual. CCO's are required whenever the scope of work changes from that in the original
contract or an unknown condition of the site requires a change in the scope of work. Usually a
contingency amount is established when the project budget is finalized upon contract award to
accommodate limited CCO's. The purpose of this policy is to establish limits of authority for
approving construction project CCO's.
GOALS
1. Ensure appropriate authority and accountability in the approval of change orders.
2. Minimize the time needed to approve a CCO in order to avoid project delays.
3. Establish a system under which the organizational level at which approval is given is
commensurate with the size of CCO and size of project.
4. Eliminate the potential for approval of a CCO when contingency funds are insufficient.
POLICIES
Conditions for Approval of CCO's by Staff
1. Sufficient contingency funds are budgeted and available in order for the Public Works
Director or City Administrative Officer (or CAO- approved designees) to approve a CCO.
2. The nature of work in the CCO is not significantly different from that in the contract:
3. Authorization limits are based on an individual CCO amount, not the aggregate amount of all
CCO's.
4. Authorization limits apply to CCO's for increases in contract amounts only.
5. When the aggregate amount of CCO's reaches 75% of the contingency, the awarding
authority shall be informed of the status of the project and the sufficiency of funding to
complete the project.
6. Work will not be broken up into multiple CCO's in order to circumvent this policy.
7. All CCO's must be in writing and approved by the appropriate contract parties consistent with
the authorized limits established in this policy.
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Resolution No. 9444
Exhibit B
8. A copy of each approved CCO will be transmitted promptly to the Finance Department.
9. The CAO may grant approval of CCO's in excess of 100 000 $30,080 under the following
circumstances (all three factors must be present):
a. Immediate approval of the CCO is necessary to avoid delay.
b. The CCO is an integral and mandatory component of the project.
c. The costs associated with delay of the project would be excessive.
The Project Manager is responsible for carrying out this policy.
10. The CAO is also authorized to approve CCO's in excess-of $100,000 related to Job Order
Contract Task Orders.
Authorization Limits
1. Public Works Director /Approved Designee
2. City Administrative Officer
3. City Council
Not to exceed $25,000
Not to exceed 100 000 $34,900
Greater than contract or 100 000* $30;880
* See circumstances above where the CAO may approve CCO's in excess of $100, 000.
Originally Approved by the Council on August 3, 1993; Revised by the Council on April.15, 2003
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"RESOLUTION NO. 9443 (2003 Seresl'
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN LUIS OBISPO ADOPTING THE
"CONSERVATION PLAN FOR THE IRISH HILLS NATURAL RESERVE"
WHEREAS, the City of San Luis Obispo has adopted policies for protection, management,
and public use of open space lands acquired by the City; and
WHEREAS, the City of San Luis Obispo has acquired and manages eleven open space areas
totaling approximately 2,500 acres, including the 722 acre Irish Hills Natural Reserve; and
WHEREAS, the City Council desires to have the policies for management of City -owned
open space lands applied in an appropriate and consistent manner; and
WHEREAS, the Planning Commission, Parks and Recreation Commission, and the general
public have commented upon the plan as it has moved through a Council- directed approval process,
and the plan reflects those comments.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis
Obispo hereby:
1. Finds that the implementation of the Conservation Plan as presented to the City Council
this date will not have a negative impact on the environment;
2. Adopts as City policy the "Conservation Plan for the Irish Hills Natural Reserve" as
presented to the Council this date; and
3. Directs the City Administrative Officer to undertake all actions necessary and appropriate
to carry out this resolution.
On motion of Vice Mayor Mulholland, 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 foreaoine resolution was adopted this 15'h day of April 2003.
David F. Romero, Mayor
A
Lee Price, C.M.C.
City Clerk
APTR0YED AS TO RM
Gilbert A. Trujillo, Acting City Attorney
R 9443
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RESOLUTION NO. 9442 (2003 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING REVISIONS TO THE 2003 CDBG PROGRAM
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, 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 approved 2003 CDBG funding on March 4, 2003; and
WHEREAS, On March 6, 2003 the Urban County notified that the City that the City's 2003
CDBG allocation has been reduced by approximately $86,000 dollars due to the County's use of 2000
Census data to recalculate CDBG allocations for the Urban County; and
WHEREAS, the Human Relations Commission held a public hearing on April 2, 2003 to
consider a revised funding strategyto accommodate the reduced CDBG funding level; and
WHEREAS, the Council has considered the Human Relations Commission's
recommendation, public testimony and staff report and intends to revise the City's approved 2003
CDBG Program as described in Council Resolution No. 9424 (2003 Series).
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. Revisions to the 2003 Community Development Block Program. The
City's 2003 Community Development Block Program is hereby revised, as shown in Exhibit A.
SECTION 3. HOME Funding. The Council recommends that the San Luis Obispo County
Board of Supervisors allocate a total of $92,300 in HOME funds to the Rehabilitation of Youth
Housing for Transitions Mental Health and Women's Transitional Housing Rehabilitation for San
Luis Obispo County Women's Shelter.
R 9442
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Resolution No. 9442 (2003 Series)
Page 2
SECTION 4. Public Services Funding. The Council recommends that the San Luis Obispo
County Board of Supervisors allocate an additional $12,643 in unincorporated County CDBG public
services funds or Special Urban Projects funds to the San Luis Obispo Homeless Shelter to help fund
this activity in 2003.
SECTION 5. Public Services Capacity. If additional public services funds are not available,
the Council recommends that the San Luis Obispo County Board of Supervisors allocate additional
public services funding capacity to enable the City to make up a $12,643 shortfall in funding for the
San Luis Obispo Homeless Shelter in 2003.
SECTION 6. Reallocation of Funds For Homeless Shelter. If additional public services
capacity becomes available, the CAO is hereby directed to shift funds from 2003 Street
Improvements for Accessibility activity to the Homeless Shelter operations to bring total 2003
funding to the requested level of $138,000.
SECTION 7. 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.
Upon motion of Vice Mayor Mulholland, seconded by Council Member Schwartz,
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 15a' day of April 2003.
City Clerk
APPROVED AS TO FORM:
Gilbert A. Trujil o, Acting City Attorney
Mayor David F. Romero
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RESOLUTION NO. 9441(2003 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SUPPORTING
MEMBERS OF THE UNITED STATES ARMED FORCES
WHEREAS, America is now engaged in armed conflict in Iraq and Afghanistan; and
WHEREAS, during times of armed conflict Americans stand united and indivisible in support
of our troops, regardless of political party,-national origin, or religious affiliation; and
WHEREAS, numerous residents of San Luis Obispo currently serve in our armed forces; and
WHEREAS, we care passionately for the safety and welfare of our armed forces whether they
serve here or abroad; and
WHEREAS, we understand the hardships and deeply appreciate the sacrifices made by the
families of those who serve in the armed forces.
NOW THEREFORE, BE IT RESOLVED by the City of San Luis Obispo that the City
Council:
Section 1: Supports every service member serving in the United States Armed Forces.
Section 2. Wishes them every success and desires their safety during these dangerous missions.
Section 3. Hopes for a speedy resolution so that those who are separated from their loved ones
will soon be reunited.
Upon motion of Council Member Settle, seconded by Council Member Ewan,
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 15th day of April, 2003.
David F. Ikomero, Mayor
ATTES f .
W
Lee Price, C.M.C.
City Clerk
APP AS O FORM:
tM-e'r?K Trujillo
Acting City Attorney
R 9441
RESOLUTION NO. 9440 (2003 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN LUIS OBISPO ADJUSTING COMPENSATION
FOR THE CITY ADMINISTRATIVE OFFICER
WHEREAS, by Resolution No. 9037 (2000 Series), the City Council appointed Ken Hampian
as City Administrative Officer; and
WHEREAS, by Resolution No. 9299 (2002 Series), the City Council established
compensation for City Administrative Officer Ken Hampian; and
WHEREAS, the City Council conducted a performance evaluation on March 25, 2003, in
accordance with the Appointed Officials Performance Process as modified in August of 2002;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. Effective April 1, 2003, the City Administrative Officer's auto allowance shall
increase to $450 per month.
SECTION 2. All other compensation and benefits afforded the City Administrative Officer
under Resolution No. 9355 (2002 Series), Resolution No. 9247 (2001 Series), Resolution No. 9218
(2001 Series), Resolution No. 9088 (2000 Series), and the City Administrative Officer Employment
Agreement (Resolution No. 9037, 2000 Series), not superseded by the above, shall remain in full
force and effect.
SECTION 3. The City Council shall evaluate the performance of the City Administrative
Officer annually.
On motion of Council Member Settle, seconded by Council Member Ewan, and on the
following roll call vote:
AYES: Council Members Ewan, Schwartz and Settle,
Vice Mayor Mulholland and Mayor Dave Romero
NOES: None
ABSENT: None
The foregoing Resolution was passed and adopted this 15'b day of April 2003.
0 14:lzz;�ZorKz
C%�®/��
_1/ Mayor David F. Romero
Lee Price, C.M.C.
City Clerk
Resolution No. 9440 (2003 zieries)
Page 2
APPROVED AS TO FORM:
Gilbert A. Trujillo
Acting City Attorney
c� o � 0
Resolution No. 9439 (2003 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBIPSO
ACCEPTING THE DONATION OF FUNDS FOR THE PURCHASE OF `BEAR CUB"
SCULPTURES FOR THE CITY'S PUBLIC ART COLLECTION
WHEREAS, the sculpture "Child and Bear" has been a part of the City's Public Art collection
since 1988; and
WHEREAS, pursuant to receipt of a letter from the family of Bea Von Stein, Exhibit A
attached herein, indicating the desire to donate funds to the City of San Luis Obispo to enable the
City to commission artist Paula Zima to produce two bear cubs to add to the "Child and Bear"
sculpture in memory of Bea Von Stein; and
WHEREAS, subject to Resolution No. 8965 (1999 Series), Exhibit B attached herein, all
donations exceeding $5,000 shall be accepted through a written agreement consistent with these
guidelines and approved by City Council and the donation is expected to cost approximately $15,000;
and
WHEREAS, Exhibit A serves as the written agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo
hereby accepts the donation of funds for the commission of two bear cub sculptures subject to the
terms and conditions of Exhibit A and B.
Upon motion of Council Member Settle, seconded by Council Member Ewan, and on the following
roll call vote:
AYES: Council Members Ewan
Romero
NOES: None
ABSENT: None
ABSTAIN: Council Member Schwartz
and Settle, Vice Mayor Mulholland, and Mayor
The foregoing resolution was adopted this 15a' day of April 2003.
City Clerk
AP AS TO FO
v'
filbert A. llmrjillo, Acting City Attorney
Mayor Dave F. Romero
6'119%
Ms. Betsy DeJarnette
San Luis Obispo City Hall
990 Palm Street
San Luis Obispo, Ca. 93401
Dear Ms. DeJarnette,
Pamela Jackson
1 049 Stonebridge Drive
Napa, Ca. 94558
707 - 226 -6031
fax: 707 - 226 -3411
December 10, 2002
You may know that my mother, Bea. von Stein and the Mary Jane Duvall trust, funded the
celebrated Indian/Bear sculpture on the Mission Plaza. It evidently was the first donated
piece of sculpture to the city. Mother wanted a memorial in honor of our father. Now,
we would like to add to that sculpture in her honor in an attempt to unite the two and add
to the character and beauty of the plaza.
When I went to Mission 11igh, the plaza was just a patched - asphalt street, but mother
always saw the great beauty of San Luis Obispo when we arrived in that small
agricultural Community -in 1962. She was befriended by Ken Schwartz, who would now
like to dedicate half the funds for our proposed addition. We would like to add two
playful yet noble bear cubs poised in the water. We are presenting you with a.sketch by
the original artist, Paula Zima, who has agreed to work on this exciting project.
We understand there is a process now for donating such works and we would like your
advice on the possibility of adding to that existing sculpture. It means a lot to us and we
know mother would like nothing better than to add to the joy and beauty of her city.
Please advise us how to proceed formally.
Sin ,
P ela Jac
0 0
LXhibit B
RESOLUTION NO. 8965 (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING A CITY DONATION ACCEPTANCE POLICY
WHEREAS, individuals, community. groups, and businesses may wish to make.,
donations to the City in either cash or in -kind contributions that enhance projects, facilities, and
programs; and
WHEREAS, the need for projects, facilities, and programs exceeds the City's ability to
fund all such needed projects; and
WHEREAS, it is an acceptable and appropriate -practice to accept donations, in order to
enhance City programs and/or facilities to provide a.higher level of service to the public.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis
Obispo hereby adopts the following policy concerning the acceptance of donations:
1. The donation must have a purpose consistent with City goals and objectives
2. The City may decline any donation without comment or cause.
3. The donation will not be in conflict with any provision of the law.
4. The donation will be aesthetically acceptable to the City.
5. The donation will not add to the City's workload unless it provides a net benefit to the
City.
6. The donation will not bring hidden costs such as starting a program the City would be
unwilling to fund when the donation was exhausted.
7. The donation places no restriction on the City, unless agreed to by the City Council.
8. The donation shall become property of the City.
9. All donations will receive recognition appropriate to the level and nature of the donation
as determined by the City. For those of a capital nature, that may be in the form of
signage, marking, or naming. Any naming of Parks and Recreation facilities shall be
consistent with City policy on the naming of such facilities as set forth in Resolution
8621 (1997 Series). Regardless of the recognition strategy selected, the intent shall be to
appropriately honor the donor for their contribution to the community. The appearance of
traditional commercial advertising shall be avoided.
10. Donations exceeding $5,000 shall be accepted through a written agreement consistent
with these guidelines and approved by the City Council. In -kind capital donations will be
subject to normal City review, permitting, inspection, and insurance requirements.
Upon motion of Council Member Marx seconded by Council Member Ewan, and on the
K 8965
Resolution No. 8965 (1999 Series)
Page 2
following roll call vote:
.8
WU
AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero and Mayor
Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 7th day of September, 1999.
APPROVED AS TO FORM:
Attomey
IE
afar
O
RESOLUTION NO. 9438 (2003 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING APPLICATION FOR GRANT FUNDS FROM THE CALIFORNIA
FISHERIES RESTORATION GRANT PROGRAM IN SUPPORT OF THE PROJECT
KNOWN AS DRY CREEK/FORBES POND EXCLOSURE FENCING
WHEREAS, the California Department of Fish and Game ( "Department ") has requested
proposals for the California Fisheries Restoration Grant Program for fishery conservation work
throughout the coastal regions of the State of California; and
WHEREAS, The City of San Luis Obispo maintains a strong interest in the potential for
improvement of salmonid habitat within San Luis Obispo Creek and its tributaries; and
WHEREAS, City staff have identified the fencing of an area along Dry Creek and the Forbes
Pond within the Johnson Ranch Open Space as a a project with significant potential to support recovery
of the threatened southern steelhead.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo
hereby-
1. Authorizes the filing of an application for grant funds from the California Fisheries
Restoration Grant Program; and
2. Appoints the City Administrative Officer as agent of the City to conduct all negotiations,
execute and submit all documents, including, but not limited to, applications, agreements, amendments,
payment requests and so on, which may be necessary for the completion of the aforementioned project.
On motion of Council Member Settle, seconded by Council Member Ewan, 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 15`s day of April 2003.
David F. Romero, Mayor
Lee Price, U.M.C.
City Clerk
A D AS O FORM
Gilbert A. Trujillo, Acting City Attorney
R 9438
N�}�avl�lc, O ,0
�ti�1G�vi C�
RESOLUTION NO. 9437 (2003 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING APPLICATION FOR GRANT FUNDS FROM THE CALIFORNIA
FISHERIES RESTORATION GRANT PROGRAM IN SUPPORT OF THE PROJECT
KNOWN AS PREFUMO CREEK FISH LADDER UPGRADE
WHEREAS, the California Department of Fish and Game ( "Department') has requested
proposals for the California Fisheries Restoration Grant Program for fishery conservation work
throughout the coastal regions of the State of California; and
WHEREAS, The City of San Luis Obispo maintains a strong interest in the potential for
improvement of salmonid habitat within San Luis Obispo Creek and its tributaries; and
WHEREAS, City staff have identified the restoration of the fish ladder beneath the crossing of
Los Osos Valley Road on Prefumo Creek as a project with significant potential to support recovery of the
threatened southern steelhead.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo
hereby:
1. Authorizes the filing of an application for grant funds from the California Fisheries
Restoration Grant Program; and
2. Appoints the City Administrative Officer as agent of the City to conduct all negotiations,
execute and submit all documents, including, but not limited to, applications, agreements, amendments,
payment requests and so on, which may be necessary for the completion of the aforementioned project.
On motion of Council Member Settle, seconded by Council Member Ewan, 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 15`h day of April 2003.
- f 12 J I David F. Romero, Mayor
n
Lee Price, C.M.C..
City Clerk
APP AS TO FORM
Gi bert rub o, Acting City Attorney
R 9437
N, Hav�iIC O
�ioo U u
C-
RESOLUTION NO. 9436 (2003 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING SUBMITTAL OF A GRANT APPLICATION
TO THE LAND AND WATER CONSERVATION FUND IN SUPPORT
OF THE PROJECT KNOWN AS THE FILIPPONI PROPERTY ACQUISITION
WHEREAS, the Congress of the United States has established the Land and Water
Conservation Fund, which provides funds to the States for grants to local agencies to acquire
and/or develop facilities for public recreation and wildlife habitat protection purposes; and
WHEREAS, the California Department of Parks and Recreation has been assigned the
responsibility for the administration of a portion of the program within California, including the
establishment of necessary procedures governing grant applications by local agencies under the
program; and
WHEREAS, said procedures require the applicant to certify by resolution the approval of
the application before submission of said application to the State; and
WHEREAS, the applicant will enter into an agreement with the State of California for
acquisition or development of the project.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Luis Obispo hereby:
1. Authorizes the filing of an application to the Land and Water Conservation Fund Grant
Program in support of the Filipponi property acquisition project for purposes of habitat protection
and enhancement; and
2. Certifies that said applicant understands the assurances and certification in the application
form; and
3. Certifies that said applicant has or will have available prior to commencement of any
work on the project included in this application, the required match and will have sufficient funds
to operate and maintain the project; and
4. Appoints the City Administrative Officer as agent of the City to conduct all negotiations,
execute and submit all documents, including, but not limited to, applications, agreements,
amendments, payment requests and so on, which may be necessary for the completion of the
aforementioned project.
ITEM
Resolution No. 9436 (2003 Series)
Page 2
On motion of Council Member Settle, seconded by Council Member Ewan, 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 15`h day of April 2003.
Lee Price, C.M.C.
City Clerk
APPROVED AS TO FORM
A f
ni
Gilbert A. Trujillo, Acting City Attorney
Mayor David F. Romero
uavlcu (7)
N,�Avhk-
RESOLUTION NO. 9435 (2003 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
MODIFYING THE BYLAWS OF THE MASS TRANSPORTATION COMMITTEE
WHEREAS, the City Council has established by ordinance the Mass Transportation
Committee (MTC) as an advisory committee; and
WHEREAS, the Mass Transportation Committee desires to revise their bylaws to establish
their meeting calendar and elections of officers in June of every year.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The Mass Transportation Committee shall establish their regular meeting
schedule and meeting location at their June meeting of every year.
. SECTION 2. The Mass Transportation Committee shall elect the committee officers after
April 1S` of each year after new advisory body member appointments have been made by the City
Council.
SECTION 3. Approve the changes to the bylaws of the Mass Transportation Committee as
presented in Exhibit A.
Upon motion of Council Member Settle, seconded by Vice Mayor Mulholland, and on the
following roll call vote:
AYES: Council Members Schwartz and Settle, Vice Mayor Mulholland and Mayor
Romero
NOES: None
ABSENT: Council Member Ewan
The foregoing resolution was adopted this 18`s day of March 2003.
City Clerk
APPROVED AS TO FORM:
65-�irlt A. 'illo
Acting City Attorney
�-0
David F. Romero, Mayor
R9435
0
EXHIBIT A
LEGISLATIVE DRAFT
BYLAWS
MASS TRANSPORTATION COMMITTEE
CITY OF SAN LUIS OBISPO
Proposed modifications to Article 4 are illustrated below:
ARTICLE 4. MEETINGS
A. The Committee will hold a regular meeting at least quarterly.
B. Regular- meetings, t, tt d, 1 he t, to r t Q-00a m an Q-00 wedaes
dW. The
Committee will establish a regular meeting schedule for the period from July 1
through June 30. The meeting schedule will include date, time; and location. The
schedule will be established by June of
C. The Committee meetings will be open to the public and held at the Community
Development Conference Room, downstairs of City Hall, or other previously
announced locations.
D. A quorum will consist of a majority of the Committee members.
E. All actions of the Committee will be decided by a majority vote or consensus and
will be directed through the Committee chair.
F. Minutes of each meeting will be forwarded to the City Clerk and be available as a
public record.
G. The Chairperson or any four members of the Committee may call a special
meeting, provided that a week's prior notice is given in writing to each member.
H. All Committee meetings will be conducted in accordance with
Roberts Rules of Order.
I. All members present must vote, except when abstaining due to a declared conflict
of interest. A failure or refusal to vote when present (except for a declared
conflict of interest) will be construed as an affirmative vote.
J. Any member with a declared conflict of interest will not vote or participate in any
discussion of any item or in any manner attempt to influence an affirmative vote.
C�
Proposed modifications to Article 6 are illustrated below:
ARTICLE 6. OFFICERS
A. The officers will consist of a Chairperson and Vice — Chairperson who will be
elected at the Committee's first meeting after
April 1" of each year for one year terms.
B. The Chairperson will preside over all meetings of the Committee, prepare (with
assistance of staff) all meeting: agendas and perform such duties as directed by the
Committee.
C. The Vice -Chair will serve in the absence or incapacity of the Chairperson.
L \Council Agenda Reports\2003 agenda reports \Transit CAR -MTC Bylaws Changes re Mtg Time, etc - Attactments.doc
O O
cl-
0
RESOLUTION NO. 9434 (2003 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
APPROVING A MITIGATED NEGATIVE DECLARATION AND
VESTING TENTATIVE TRACT MAP 2490 FOR PROPERTY LOCATED
AT 2903 BROAD STREET
TR/ER 109 -02 (Tract 2490)
WHEREAS, the Planning Commission of the City of San Luis Obispo recommended
approval of Application TR/ER 109 -02, a condominium subdivision with 7 units, and adoption
of the Mitigated Negative Declaration at a public hearing in the Council Chamber of City Hall,
990 Palm Street, San Luis Obispo, California, on January 8, 2003; and
WHEREAS, said public hearing was for the purpose of formulating and forwarding
recommendations to the Council of the City of San Luis Obispo regarding the project; and
WHEREAS, the City Council of the City of San Luis Obispo reviewed the project and
considered public testimony at a public hearing in the Council Chamber of City Hall, 990 Palm
Street, San Luis Obispo, California, on April 1, 2003; and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
WHEREAS, the City Council 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 by staff, presented at
said hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
Section 1. Findings. Based upon all the evidence, the Council makes the following
findings:
The proposed map is consistent with the General Plan because the subdivision will
provide for Medium density residential development on property designated for such
development.
2. As conditioned, the design or improvement of the proposed subdivision is consistent with
the General. Plan because each dwelling has access to a satisfactory 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 it is an under-
developed site that is adjacent to an existing street right -of -way and it is close to the
downtown and associated services.
�q 42
Resolution No. 9434 (2003 Series)
Page 2
4. As conditioned, the site is physically suitable for the proposed density of development
because the site is within an existing residential developed site adjacent to existing
roadways and additional residential dwellings, services are available to serve the
development, and utilities have been designed to serve the site per City standards.
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.
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 is a similar scale to existing development already functioning at the site.
Additionally, new construction 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. subdi vision because no such easements exist.
8. The proposed density of the housing and the design of the proposed residences will not
cause unreasonable, health, safety or welfare concerns or expose people to excessive
noise since it is an infill site at the outer edge of the San Luis Obispo County Airport
Land Use Plan.
9. 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
program.
1. Aesthetics
A. All trees shall be protected and preserved on the site unless otherwise approved for
removal by the City Arborist. Removal of any tree on site shall require a City tree
removal permit and mitigation to consist of on -site replanting of trees of a minimum size
15- gallon nursery stock.
B. New construction on the lots shall be subject to architectural review.
Aesthetics Monitoring Program:
Plans submitted for architectural review shall show all existing trees and significant
vegetation. Trees proposed for removal shall be clearly shown on the plans. A landscape
plan that includes drought tolerant landscape and trees shall be required as part of the
architectural review application. Continued compliance with aesthetic mitigation measures
C C
Resolution No. 9434 (2003 Series)
Page 3
will be accomplished through final review of the project improvement plans; building and
grading plan check; and occupancy release.
2. Geology and Soils
A. A detailed soils engineering report shall to be submitted as part of the grading and
building permit applications in order to ensure foundation design that is consistent with
city building codes. The soils report shall include at a minimum: data regarding the
nature, distribution and strength of the existing soils, conclusions and recommendations
for grading procedures, and design criteria for corrective measures, when necessary.
Grading and building must be designed and performed in compliance with the soils
engineering report.
Geology & Soils Monitoring Program:
Compliance with this mitigation measure will be accomplished through final review of the
project improvement plans and the required soils report; building and grading plan check; and
occupancy release.
3. Hydrology and Water Quality
A. Provisions must be made to accept and convey offsite drainage to an adequate point of
disposal to the satisfaction of the Public Works Director and Building Official.
B. All newly graded surfaces shall be protected from soil erosion with City approved
temporary erosion control methods or approved permanent landscaping immediately
following commencement of final site grading work.
C. At least 25% of the driveway and outdoor parking area surfacing shall be constructed
using pervious pavers such as turf block. Pervious pavers should be used instead of solid
asphalt or concrete with the intention of reducing offsite drainage and allowing some
percolation of site drainage.
Hydrology and Water Quality Monitoring Program:
Plans submitted for architectural review shall provide a grading and drainage plan for the site
and show any necessary easements. Driveway surfacing materials shall be shown on the plan
submitted for architectural review. Continued compliance with this mitigation measure will
be accomplished through final review of the project improvement plans; building and grading
plan check; and occupancy release.
4. Noise
A. Proposed lots 5 and 6 nearest Broad Street shall have a landscaped berm designed for
noise buffering between the private yard spaces and Broad Street. The berm shall be at
least 4 feet in height and designed to be compatible with the project and planted with
appropriate drought tolerant landscaping consisting of trees and shrubs.
B. Structures shall be designed to meet standards for a noise mitigation package to reduce
interior noise by 15dB as provided in the City's noise guidebook.
Noise Monitoring Program:
Plans submitted for architectural review shall provide a landscape design that includes a berm
for the street yard. Continued compliance with these mitigation measures will be
n
0
Resolution No. 9434 (2003 Series)
Page 4
accomplished through final review of the project improvement plans; building and grading
plan check; and occupancy release.
Section 3. Approval. The City Council does hereby recommend approval of
application ER/TR 109 -02, subject to the following conditions and code requirements.
1. The project shall be forwarded to the Architectural Review Commission to review final
design details and ensure the project contains the following design elements.
2. At least 25% of the common driveway and private outdoor driveway areas shall be
designed with pervious surfaces such as pavers or turf block.
3. Usable amenities including a pathway, lawn area, appropriate landscape, and a bench
shall be provided within the common open space area.
4. A common address sign shall be placed within each driveway intersection at the public
street. Address sign shall list all unit addresses and shall be reviewed with architectural
plans for consistency with the proposed subdivision and the existing neighborhood.
5. A complete landscape plan shall be provide for the project common areas and front yard
areas of each residence. The landscape plan shall provide trees, shrubs groundcover
plants, and mulch groundcover for exposed soil areas. An irrigation plan, consisting of
water conserving drip irrigation, shall be provided. Plant species shall be selected for
drought tolerance and compatibility with local conditions while providing shade,
screening and aesthetic enhancement of the property. A conceptual landscape plan shall
be reviewed and approved by the Architectural Review Commission.
6. An earthen berm with a minimum height of 4 feet shall be provided in the street yard area
between the proposed outdoor parking area and Broad Street. The berm shall be planted
with trees, shrubs and groundcover designed to screen the parking area and buffer the
residences from Broad Street.
7. The final map shall indicate building footprints, building setbacks and all property lines.
Building setbacks shall be designed to maintain a minimum of 10 feet between proposed
buildings and existing buildings on adjacent properties. Setbacks between buildings on
adjacent properties shall be indicated on the map.
8. Consistent fencing plans for the north and south property lines shall be submitted for
review and approval by the Architectural Review Commission. A screening fence and
landscape shall be required for the south property line adjacent to the existing
commercial district property.
9. The applicant shall pay Park In -Lieu Fees prior to recordation of the Final Map,
consistent with SLO Municipal Code Section 16.40.080.
Resolution No. 9434 (2003 Series)
Page 5
10. The project shall include a minimum of one affordable dwelling unit or the applicant
shall pay an affordable housing in lieu fee equal to 5% of the total building valuation of
the new dwelling units. The unit shall be deed restricted fora period of not less than 30
years. The value of the unit shall be equal to or greater than 5% of the total building
valuation of the project (project is considered to be the construction of five 2 bedroom
dwelling units). If a.studio unit is chosen for deed restriction, the applicant shall pay 50%
of the in -lieu fees in addition to providing the affordable studio.
11. Pursuant to Government Code Section 66474.9(b), the subdivider shall defend, indemnify
and hold harmless the City and/or its agents, officers and employees from any claim,
action or proceeding against the City and/or its agents, officers or employees to attack, set
aside, void or annul, the approval by the City of this subdivision, and all actions relating
thereto, including but not limited to environmental review.
Code Requirements
1. The existing driveway approach shall be upgraded as necessary to provide disabled
access behind the ramp per the Americans with Disabilities Act (ADA) and city standards
to the approval of the Public Works Director.
2. Additional public right -of -way or public pedestrian easements may be necessary to
accommodate improvements required for Americans with Disabilities Act (ADA)
compliance, to the satisfaction of the Public Works Director.
3. The developer shall be responsible to hire a registered civil engineer or land surveyor to
provide all grades, layout, staking, and cut - sheets necessary for the construction of
frontage improvements in accordance with the City's curb grade plan and/or Cal Trans
standards for Broad Street (State Highway 227).
4. The subdivider shall dedicate a 2m wide public utility easement across the frontage of
each lot facing a public right of way. Said easement shall be adjacent to and contiguous
with all public right -of -way lines bordering each lot.
5. The subdivider shall dedicate a 3m wide street tree easement across the frontage of each
lot facing a public right of way. Said easement shall be adjacent to and contiguous with
all public right -of -way lines bordering each lot.
6. A new streetlight shall be installed on the Broad St frontage on the existing wood power
pole, adjacent southerly to the site, to the satisfaction of the Public Works Director.
7. The proposed on -site sewer main will be privately owned and maintained by the
Homeowner's Association.
8. Final grades and alignments of all public water, sewer and storm drains (including service
laterals and meters) shall be subject to change to the satisfaction of the Public Works
Director and Utilities Engineer.
Resolution No. 9434 (2003 Series)
Page 6
H
9. 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.
10. The subdivider shall provide individual electrical, phone, television, natural gas, water
service, and sewer connections to the approval of the affected utility companies and the
Public Works Director.
11. 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.
Mapping Requirements
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
Transportation
17. Traffic impact fees shall be paid prior to the issuance of a building permit.
Resolution No. 9434 (2003 Series)
Page 7
18. Bicycle Parking: all dwellings within the proposed subdivision area shall provide bicycle
parking in compliance with Section 17.16.060, Table 6.5 of the Zoning Regulations.
Utilities
19. Upon development, a water allocation will be 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, 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.
20. Each parcel is to have its own separate water and wastewater service laterals. Existing
water and sewer services shall be properly relocated and resized, if necessary, to ensure
that each parcel is appropriately served in accordance with City standards. The
development is allowed to utilize a common sewer lateral to serve the new lots, providing
a proper agreement is in place documenting the joint ownership and maintenance
responsibilities of the owners.
21. If a private fire hydrant is required on -site, the hydrant 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. The USC approved backflow preventer shall also include detector
capabilities (double detector check assembly), as a result of serving a hydrant. 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.
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 redevelopment of the site triggers the Utilities Department Sewer Lateral Abandonment
Policy. This policy states that the sewer lateral must be abandoned at the main prior to
demolition or construction, unless the lateral is intended for reuse and it passes a video
inspection. If a sewer lateral exists, and is intended for reuse, the owner shall submit a VHS
videotape documenting the internal condition of the pipe to the Utilities Department for
approval.
City Arborist
24. Fifteen (15) gallon street trees shall be planted to meet city standards. (1 per 35 1f of
C� C
Resolution No. 9434 (2003 Series)
Page 8
street frontage on both streets) Species shall be per city special approved list for Broad
St. and the general list for the Rockview Place frontage.
25. If the City Arborist identifies trees requiring safety pruning, all pruning shall be
performed by a certified Arborist.
Fire Department
26. Fire Department Access: Access shall be in accordance with Article 9 of the California
Fire Code. Fire apparatus access shall be provided when any portion of the exterior wall
of the first story is exceeds 300' from fire apparatus access as measured by an approved
route around the exterior of the building.
27. Water Supplies: Water supplies shall be in accordance with Sections 901 and 903 of the
California Fire Code. An approved water supply connected to the City distribution
system and capable of providing the required fire flow for fire protection is required. The
fire flow shall be determining using Appendix III-A of the California Fire Code. The
minimum acceptable fire flow shall be 1,000 gallons per minute.
28. Fire Hydrants: Fire hydrants shall be installed in accordance with Section 903.4 of the
California Fire Code. The location, number and type of hydrants connected to the City
system shall be determined using Appendix III -B of the California Fire Code and the
approved City Engineering Standards. Unit 4 B exceeds the 300' distance from an
approved water supply. An onsite hydrant shall be required.
29. Fire Protection Systems and Equipment: Fire protection systems shall be in accordance
with the California Fire Code and California Building Code as amended by the City. An
approved automatic fire sprinkler system shall be installed within each dwelling unit in
accordance with National Fire Protection Standard Pamphlet 13D.
30. Fire Safety During Construction: Buildings undergoing construction, alteration or
demolition shall be in accordance with Article 87 of the California Fire Code. Fire
extinguishers shall be provided for buildings under construction. Combustible debris,
waste material or rubbish shall not be accumulated within buildings or burned on the site.
Resolution No. 9434 (2003 Series)
Page 9
0
On motion of Council ember Ewan, seconded by Council Member Schwartz, 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 I" day of April 2003.
Mayor David F. Romero
ATTEST:
M
Lee Price, C.M.0
City Clerk
APPROVED AS TO FORM:
Gilbert A. Trujil o, cting City Attorney
RESOLUTION NO. 9433 (2003 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING THE SUBDIVISION OF A COMMERCIAL
BUILDING INTO EIGHT (8) AIR SPACE CONDOMINIUM- UNITS AND
A COMMON LOT, FOR PROPERTY LOCATEIY AT
735 TANK FARM ROAD (MS 182 -02).
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing on February 12, 2003, and recommended approval of the subdivision (MS 182 -02)
to subdivide a commercial building into eight (8) air space condominium units and a common
lot; for property located at 735 Tank Farm Road; and
WHEREAS, the City Council conducted a public hearing on April 1, 2003 and has
considered testimony of interested parties, the records of the Planning Commission hearing and
action, and the evaluation and recommendation of staff; and
WHEREAS, the City Council finds that the proposed subdivision is consistent with the
General Plan, Zoning and Subdivision Regulations, Edna -Islay Specific Plan and other applicable
City ordinances; and
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the Council makes the following
findings in support of the air space commercial subdivision at the project site:
1. The design of the airspace commercial subdivision is consistent with the General Plan
and Edna -Islay Specific Plan, which allow division of land in accordance with the City's
subdivision regulations.
2. The site is physically suited for the type and density of development allowed in the C -S
zone in that it has already been developed with a commercial building and the proposed
air space subdivision will simply allow for individual ownership.
3. The design of the vesting tentative parcel map and the proposed improvements are not
likely to cause serious health problems, substantial environmental damage or substantially
and unavoidable injure fish or wildlife or their habitat because the site does not have any
creeks or other potentially significant habitat areas for fish and wildlife and the site has
already been developed with a commercial building, parking areas and landscaping.
4. The design of the air space 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 an existing common driveway easement on
R 9y33
c
Resolution No. 9433 (2003 Series)
Pane 2
Tank Farm Road will remain unaffected by the proposed subdivision.
SECTION 2. Action. The City Council does hereby approve application MS 182 -02, as
shown in Exhibit A, subject to the following condition and code requirements.
Condition:
Pursuant to Govemment Code Section 66474.9(b), the subdivider shall defend,
indemnify and hold harmless the City and/or its agents, officers and employees from any
claim, action or proceeding against the City and/or its agents, officers or employees to
attack, set aside, void or annul, the approval by the City of this subdivision, and all
actions relating thereto, including but not limited to environmental review.
Code Requirements:
The subdivider shall provide individual electrical, phone, television, natural gas, and
water service and related utility company meters to each unit to the approval of the
affected utility companies, Community Development Director, and the Public Works
Director. The building permit plans shall be revised or a separate permit shall be issued
to show separate services and meters as required.
2. 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.
The map shall be tied to at least two points of the City's horizontal control network,
Califomia 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.
4. 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.
Resolution No. 9433 (2003 Series)
Page 3
C�
On motion of Council Member Mulholland, seconded by Mayor Romero 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 this 15` day of April, 2003
/ /' _iJ /i._ /�i
ATTEST ^
f�
Lee Price, C.M.C.
City Clerk
APPROVED AS TO FORM:
Gilbert A. Trujillo,
Interim City Attorney
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RESOLUTION NO. 9432(2003 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AN AMENDMENT TO THE LAND USE ELEMENT MAP AND ZONING
MAP DESIGNATIONS FROM C -S -S TO C -N -S
FOR PROPERTY AT 3210 BROAD STREET
GP/R/ER 154 -02
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public
hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
February 26, 2003 pursuant to a proceeding instituted under application GP/R/ER 154 -02, Dan
Lemburg, applicant; and
WHEREAS, the City Council conducted a public hearing on April 1, 2003 and has
considered testimony of interested parties, the records of the Planning Commission hearing and
action, and the evaluation and recommendation of staff; and
WHEREAS, the City Council has considered the draft mitigated Negative Declaration of
environmental impact as prepared by staff;
BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings.
1. The City Council finds and determines that the project's mitigated Negative Declaration
adequately addresses the potential significant environmental impacts of the proposed
project, and reflects the independent judgment of the Commission.
2. The proposed rezoning is consistent with General Plan Land Use Element policies
regarding Neighborhood - Commercial zoning, which encourage uses that are a
neighborhood serving rather than regional draws.
3. The proposed rezoning of the site to C -N will not significantly impact the Citywide
supply of available sites with the C -S zoning.
4. The areas surrounding the project site are being developed with increased residential
density. Therefore, the proposed rezoning of the site to C -N is consistent with General
Plan policies that call for convenient commercial centers within one mile of residential
uses.
SECTION 2. Conditions.
1. The existing S overlay shall remain following a rezoning of the property.
2. A real estate disclosure document shall be required for the property. The real estate
disclosure document shall be approved by the Airport Land Use Commission.
R 9y3.2
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Resolution No. 9432 (2003 Series)
Page 2
n
SECTION 3. Land Use Restrictions. The following land uses shall be prohibited within
the C -N -S district on parcels 053- 222 - 001,002,003 & 004 due to inconsistency with Airport
Land Use Plan Zone 6:
a. Residential Care Facilities
b. Daycare centers
c. Convalescent homes
d. All residential uses which exceed 6 residential dwelling units per gross acre
SECTION 4. Action.
The Council hereby recommends adoption of said mitigated Negative Declaration and approval
of the request (GP/R/ER 154 -02) for a general plan amendment and rezoning, as shown on
attached Exhibits A and B respectively, with incorporation of the following mitigation measures
into the project:
1. Uses established on the project site as well as physical site development shall be consistent
with the Airport Land Use Plan to the satisfaction of the Airport Land Use Commission. The
existing "S" or Special Considerations overlay on the property shall remain with the rezoning to
ensure future compatibility with the airport land use plan.
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, Vice Mayor Mulholland,
and Mayor Romero
NOES: None
ABSENT: None
the foregoing resolution was adopted this 15` day Aptil.2003.
Mayor David F. Romero
ATTEST:
Lee Price, C.M.C.
City Clerk
APPROVED AS TO F .
Gilbert A. Trujillo, Acting City Attorney
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Exhibit A
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3210 Broad Street
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RESOLUTION NO. 9431 (2003 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSIONS
APPROVAL OF USE PERMIT APPLICATION U 145 -01 ALLOWING
CONSTRUCTION OF AN ADDITION AND NEW PARKING GARAGE FOR
SIERRA VISTA HOSPITAL AT 1010 MURRAY STREET;
TENET CALIFORNIA HEALTH SYSTEMS, APPLICANT.
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted public
hearings in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
April 24, 2002 and December 4, 2002, and conditionally approved Use Permit Application U
145 -01 allowing nonresidential use in an office zone (hospital addition and parking garage) and a
maximum garage height of 35 feet; and
WHEREAS, the City Council conducted a public hearing on April 1, 2003 and has
considered testimony of interested parties, the records of the Planning Commission hearing and
action, and the evaluation and recommendation of staff; and
WHEREAS, the City Council has considered the draft Mitigated Negative Declaration of
environmental impact as prepared by staff and reviewed by the Planning Commission; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law.
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows:
SECTION 1. The City Council finds and determines that the project's Mitigated
Negative Declaration adequately addresses the potential significant environmental impacts of the
proposed project, and reflects the independent judgment of the City Council.
SECTION 2. Findings. That this Council, after consideration of Use Permit Application
U 145 -01, the Planning Commission's conditional approval, staff recommendations, appellant's
input, public testimony, and reports thereof, makes the following findings:
1. The architectural review process will ensure that the location, orientation, height, and mass of
the new structures will not significantly affect privacy in nearby residential areas.
2. With implementation of recommended traffic mitigation measures identified in the adopted
Mitigated Negative Declaration, the project's location and access arrangements will not
significantly direct traffic to use local streets in nearby residential neighborhoods.
R 9431
r1'�
Resolution No. 9431 (2003 Series)
Page 2
3. The architectural review process will ensure that the project will include landscaping and
yards that adequately separate parking and pedestrian circulation from sites in nearby
residential areas.
4. The proposed expansion of medical services is consistent with General Plan policies and
appropriate at this location since the project site is already developed with a hospital and
related medical services occupy most of the offices in the vicinity.
5. A maximum height of 35 feet for the parking garage, where 25 feet would otherwise be the
maximum height allowed, is reasonably necessary in this case to accommodate adequate
parking for existing uses on site and for the proposed 85,000 square foot addition to the
hospital.
SECTION 3. Deny Appeal/Uphold Planning Commission Approval. The appeal of use
Permit Application U 145 -01 is hereby denied and the Planning Commission's approval upheld
subject to the following conditions of approval:
1. All recommended environmental mitigation shall be incorporated into the project.
2. Use permit approval shall be contingent upon project review and approval by the
Architectural Review Commission.
3. The location, orientation, height, and mass of the new structures shall not significantly affect
privacy in nearby residential areas to the satisfaction of the Architectural review
Commission.
4. The project shall include landscaping and yards that adequately separate parking and
pedestrian circulation from sites in nearby residential areas to the satisfaction of the
Architectural review Commission.
5. Sierra Vista will install underground conduit for all above - ground wires with necessary pull
boxes for (1) the frontage along Foothill beginning at the utility pole next to the Creek to the
comer of Casa Street and (2) the frontage of Casa Street from the comer of Foothill Blvd. to
the utility pole on the south side of Deseret.
6. The applicant shall install a new streetlight along Foothill Boulevard to the satisfaction of the
Public Works Director.
7. All conditions of the resolution approving the final abandonment of Deseret Place shall be
met to the satisfaction of the Public Works Director prior to City issuance of any grading or
building permits for this project.
C'
Resolution No. 9431 (2003 Series)
Page 3
On motion of Council Member Schwartz, seconded by Council Member Settle, and on
the following roll call vote:
AYES: Council Members Ewan, Schwartz, and Settle and Mayor Romero
NOES: Vice Mayor Mulholland
ABSENT: None
the foregoing resolution was passed and adopted this 1st day of April, 2003.
Mayor David F. Romero
ATTEST:
%dt2 '
Lee Price, C.M.C.
City Clerk
APPROVED AS TO FORM:
i � - --�
Gilbert A. Tfaji o
Interim City Attorney
RESOLUTION NO. 9430 (2003 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING GENERAL PLAN AMENDMENT 145 -01 AND
ENVIRONMENTAL REVIEW (MITIGATED NEGATIVE DECLARATION) 145 -01
TO CHANGE THE LAND USE DESIGNATION OF 1043/1045 FOOTHILL BLVD.
FROM HIGH DENSITY RESIDENTIAL TO OFFICE TO ALLOW A HOSPITAL
EXPANSION AND CONSTRUCTION OF A NEW PARKING GARAGE FOR
SIERRA VISTA HOSPITAL AT 1010 MURRAY STREET;
TENET CALIFORNIA HEALTH SYSTEMS, APPLICANT.
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted public
hearings in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
April 24, 2002 and December 4, 2002, for the purpose of considering Application
GP/R/U/LLA/ER 145 -01, a proposed General Plan and Zoning Map Amendment, Use Permit,
Lot Line Adjustment, and Mitigated Negative Declaration for Sierra Vista Hospital and
recommended approval of GP/R/ER 145 -01 and approved U/LLA 145 -01; and
WHEREAS, the City Council conducted a public hearing on April 1, 2003 and has
considered testimony of interested parties, the records of the Planning Commission hearing and
action, and the evaluation and recommendation of staff; and
WHEREAS, the City Council has considered the draft Mitigated Negative Declaration of
environmental impact as prepared by staff and reviewed by the Planning Commission; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law.
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows:
SECTION 1. The City Council finds and determines that the project's Mitigated
Negative Declaration adequately addresses the potential significant environmental impacts of the
proposed project, and reflects the independent judgment of the City Council. The Council hereby
adopts said Mitigated Negative Declaration and incorporates the following mitigation measures
into the project:
AESTHETICS
1. Sierra Vista will install underground conduit for all above - ground wires with necessary pull
boxes for (1) the frontage along Foothill beginning at the utility pole next to the Creek to the
comer of Casa Street and (2) the frontage of Casa Street from the corner of Foothill Blvd. to
the utility pole on the south side of Deseret.
R 9430
Resolution No. 9430 (2003 Series)
Page 2
2. Submit a revised circulation and parking plan which reduces the number of trees to be
removed to the satisfaction of the Architectural Review Commission.
3. Provide a visual simulation of the hospital addition and the parking garage to assist the
Architectural Review Commission in their evaluation of views of the project from Santa
Rosa, Murray, and Casa Streets and from Foothill Boulevard.
4. Design modifications and additions to the hospital building to provide architectural
continuity among the older and newer components of the building to the satisfaction of the
Architectural Review Commission.
5. To screen and soften views of the parking garage and the parking lot along Murray Street, use
any combination of mounding (minimum of 3 feet in height), walls, raised planters and dense
plantings of shrubs and trees to the satisfaction of the Architectural Review Commission.
6. Use sodium lights in the parking structure. Project lighting and photometrics shall be subject
to review and approval by the Architectural Review Commission with the objective of not
creating a substantial new source of lighting or glare. All new light sources proposed with
this project shall be shielded from off -site views, especially in the vicinity of the proposed
garage.
7. Design the parking garage to be compatible with nearby residential structures and uses and to
be pedestrian friendly at the street level to the satisfaction of the Architectural Review
Commission.
8. Screen outdoor and roof - mounted mechanical equipment from on -site and off -site views to
the satisfaction of the Architectural Review Commission.
Monitoring Program: Plans submitted for architectural review shall clarify how undergrounding
will be accomplished; show how the proposed number of tree removals has been reduced;
include a visual simulation of the completed project; provide for screening of the parking areas;
provide for screening of mechanical equipment; include details of proposed exterior light fixtures
and the associated photometrics; include design elements that are compatible with nearby
residential and pedestrian areas and that provide a level of architectural continuity between
existing and new structures on the hospital site. Building plans shall be insubstantial compliance
with plans approved by the Architectural Review Commission.
AIR QUALITY
Construction impacts
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Resolution No. 9430 (2003 Series)
Page 3
1. Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from
leaving the site. Increased watering frequency would be required whenever wind speeds
exceed 15 mph. Reclaimed (nonpotable) water should be used whenever possible.
2. All dirt stock -pile areas shall be sprayed daily as needed.
3. Landscaping shall be installed within 30 days following completion of any soil disturbing
activities.
4. Exposed ground areas that are planned to be reworked at dates greater than one month after
initial grading shall be sown with a fast - germinating native grass seed and watered until
vegetation is established.
5. All disturbed soil areas not subject to revegetation shall be stabilized using approved
chemical soil binders, jute netting, or other methods approved in advance by the APCD.
6. All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as possible.
In addition, building pads shall be laid as soon as possible after grading unless seeding or soil
binders are used.
7. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface
at the construction site.
8. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or shall maintain
at least two feet of freeboard (minimum vertical distance between top of load and top of
trailer) in accordance with CVC Section 23114.
9. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off
trucks and equipment leaving the site.
10. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved
roads. Water sweepers with reclaimed water shall be used where feasible.
11. Use catalytic soot filters on the two (2) pieces of diesel equipment projected to generate the
greatest emissions. Where the catalytic soot filters are determined to be unsuitable, install
and use an oxidation catalyst. Suitability is to be determined by an independent California
Licensed Mechanical Engineer who will submit for District approval a Suitability Report
identifying and explaining the particular constraints to using the preferred catalytic soot filter.
This information shall be included in the contractor bid package to ensure these measures get
incorporated into the project.
Monitoring Program: These conditions shall be noted on all project grading and building plans.
The applicant shall present evidence of a plan for complying with these requirements prior to
Resolution No. 9430 (2003 Series)
Page 4
issuance of a grading or building permit from the City. The applicant shall provide the City with
the name and telephone number of the person responsible for ensuring compliance with these
requirements.
Operational and Transportation related Impacts
1. Since the project is located on an established transit route, a transit turnout and a shelter shall
be constructed with direct pedestrian access to and from the facility.
2. Provide on -site bicycle parking for both short- and long -term use. The location of such
bicycle parking shall be subject to review and approval by the Community Development
Director.
3. Provide on -site eating, refrigeration and food vending facilities to reduce lunchtime trips.
4. Provide preferential carpool parking.
5. Provide shower and locker facilities to encourage employees to bike and/or walk to work,
typically one shower and three lockers for every 25 employees.
6. Provide incentives to employees to carpool /vanpool or take public transportation. The
particulars of subsidizing public transportation costs for employees shall be worked out with
the City's Transit Manager.
Monitoring Program: Provide details of items 1 through 5 on the plans submitted for
architectural review. Site grading and building plans shall. be in substantial compliance with
plans approved by the ARC. The applicant shall submit copies of incentives offered to employees
for carpooling and using public transportation to the satisfaction of the Community Development
Director prior to issuance of any City grading or building permits for the project.
BIOLOGICAL RESOURCES
1. Project grading and construction shall not encroach into the creek setback area as required by
City Zoning Ordinance Section 17.16.025, except as permitted by the Architectural Review
Commission to allow removal of existing encroachments and to construct the accessway near
the main entrance.
2. Trees identified by the Architectural Review Commission to be preserved shall be clearly
marked on grading and construction plans. The applicant shall submit a tree preservation
agreement for review and approval by the Community Development Director. The agreement
shall be secured by a bond in the amount determined by the City Arborist.
Monitoring Program: a) Prior to the issuance of a grading permit, the applicant shall mark the
edge of grading with rigid fencing to the satisfaction of the Natural Resources Manager. It shall
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Resolution No. 9430 (2003 Series)
Page 5
be the applicant's responsibility to notify the City when such fencing is in place and to schedule
an inspection. b)Tree preservation agreement.
CULTURAL RESOURCES
Mitigation For Archaeological Site CA- SLO-44
1 A. Archaeological testing determined that the archaeological site located on the Sierra Vista
Regional Medical Center property, CA- SLO -44, covers about 336 square meters. It is
recommended that mitigation excavations recover a 10% sample of the archaeological site,
since unavoidable impacts from the development will destroy this cultural resource. A 10%
sample of scientifically excavated material would include 33.6 square meters extending to the
depth of the site. A report will describe the scientific results of this mitigation work.
1B.The mitigation excavation units shall be located in the lawn areas most suitable for
excavation at 1045 Foothill Blvd. and the lawn at the corner of Casa Street and Foothill Blvd.
1C.Demolition of the house at 1045 Foothill Blvd., the orthodontist's office on Casa Street and
the Robinson house at the corner or Casa Street and Foothill Blvd. cannot be done until
archaeological mitigation excavations are completed.
1D.Removal of trees in the vicinity of archaeological site CA- SLO -44 cannot be done until
archaeological mitigation excavations are completed.
IE. All grading and mechanical excavation of native soils that contain materials from
archaeological site CA- SLO-44 must be monitored by archaeological and Native American
monitors until culturally sterile sub -soils are reached.
1F. All excavated soils from site CA- SLO -44 must be transported to a location approved by the
city and the project archaeologist. A supplemental archaeological site record form will be
produced to document the re- deposition of these archaeological soils.
Mitigation For Archaeological Site CA- SLO- 1738/H
2A.Further sub - surface testing shall be done at the northern portion of archaeological site CA-
SLO- 1738/11 on the Sierra Vista Regional Medical Center property.. This testing will produce
a report with planning recommendations for the protection of the cultural resource.
2B. Design of the Medical Office Building shall include measures to protect the intact portion of
site CA- SLO- 1738/H if possible pending the results of additional sub - surface testing. Project
plans for this building shall be reviewed by the project archaeologist with mitigation
recommendations.
Resolution No. 9430 (2003 Series)
Page 6
2C. All construction activity such as grading or excavation for utilities in the vicinity of site CA-
SLO-1738/H shall be monitored by an archaeologist and Native American.
2D.In the event that significant cultural materials from site CA- SLO- 1738/H are discovered
during monitoring, provisions must be made for their recovery as specified in the City Of San
Luis Obispo Archaeological Resource Preservation Guidelines.
Sierra Vista Regional Medical Center Expansion Archaeological Monitoring
3A.Many areas of the Sierra Vista Regional Medical Center Expansion require archaeological
monitoring due to the potential for cultural resources in intact or disturbed contexts across the
property. Impacts include but are not limited to grading, excavation, drainage improvements,
landscaping, underground utility trenching, removal of parking lots and fill soils and related
activities. As construction schedules are determined, the developer and contractors shall
provide scheduling and identify areas where impacts will occur for review by the project
archaeologist. The project archaeologist will then determine whether monitoring is required.
Not all areas will require continuous monitoring.
3B.Provisions shall be made for the project archaeologist to review the final draft of project
plans and any changes in the development that may occur prior to building permit submittal.
These reviews will identify any potential effects to heritage resources.
3C.Demolition of the former Mormon Church requires archaeological and Native American
monitoring until all native soils are removed or impacted by demolition due to its proximity
within ten meters of site CA- SLO -44. Testing adjacent to the church building yielded
negative results. No further heritage studies or testing are required for this demolition to
proceed.
3D.An archaeologist and Native American will monitor all areas where encroachment of the
creek setback will occur.
3E. An archaeologist and Native American will monitor removal of the parking lot at 55 Casa
Street (former Mormon Church).
3F. An archaeologist and Native American will monitor changes to the hospital entrance area and
parking areas near Murray Street.
3G.An archaeologist and Native American will monitor all excavation and grading in the parking
lot area between the existing hospital and Stenner Creek.
3H.An archaeologist and Native American will monitor all excavations and related impacts in
the vicinity of Deseret Place.
Resolution No. 9430 (2003 Series)
Page 7
3I. An archaeologist and Native American will monitor all underground utility work including
but not limited to water, sewer, gas lines, storm drains and electric cables.
3J. An archaeologist and Native American will monitor excavations and grading for the Cardiac
Institute building.
3K.An archaeologist will review all tree removal plans and determine whether monitoring is
required. If required, an archaeologist and Native American will monitor this work.
3L. An archaeologist will review all landscaping improvement plans to determine whether
monitoring is required.
3M.Archaeological monitoring will include provisions for evaluation of cultural resources
discovered during construction as set forth in the City Of San Luis Obispo Archaeological
Resource Preservation Guidelines.
3N.An archaeologist and Native American will monitor removal of the Washingtonian palms at
55 Casa Street since this area lies within fifty meter of a known archaeological site boundary.
Monitoring Program: Requirements for cultural resource mitigation and monitoring shall be
clearly noted on all plans for project grading and construction. The applicant shall submit
evidence of compliance with the monitoring program prescribed by Thor Conway, project
archaeologist, to the satisfaction of the Community Development Director.
ENERGY RESO URCES
Energy Efficiency Measures
1. Increase energy efficiency at least 20% beyond Title 24 requirements.
2. Plant shade tree along southern exposures of buildings to reduce summer cooling needs.
3. Plant shade tree in parking lots to reduce evaporative emissions from parked vehicles.
4. Use double -paned, low E windows.
5. Use energy - efficient lighting; heating, ventilation, air conditioning and cooling; water
heating; and wall and ceiling insulation.
6. Plans submitted for architectural review shall indicate what energy efficiency measures will
be incorporated into the project design.
C.•1
Resolution No. 9430 (2003 Series)
Page 8
J
Monitoring Program: Prior to City issuance of any grading or building permit for any phase of
the project, the applicant shall submit a report from a qualified energy consultant or design
professional which details how the project design for the addition to the hospital, will exceed
Title 24 energy requirements by at least 20% to the satisfaction of the Air Pollution Control
District.
GEOLOGIC RESOURCES
1. Construction documents shall be in accordance with the recommendations in the geotechnical
investigation reports (project number 1 -0649) prepared by GSI Soils Inc.
Monitoring Program: Prior to issuance of a City grading or building permit, the applicant
shall provide the Chief Building Official with evidence that a qualified geotechnical
engineering firm has been retained to monitor site preparation and construction as
recommended in the geotechnical investigation reports (project number 1 -0649) prepared by
GSI Soils Inc.
HYDROLOGY
1. Oil and sand separators or other filtering media shall be installed in the new garage and at
each on -site drain inlet intercepting runoff as a means of filtering toxic substances from run
off before it enters the creek through the storm water system. It shall be the responsibility of
the applicant to see that the such devices are regularly maintained to ensure efficient pollutant
removal.
Monitoring Program: Oil and sand separators or other filtering media shall be clearly shown on
plans submitted for architectural review and on construction documents.
LAND USE AND PLANNING
1. The applicant shall provide for replacement housing in a form acceptable to the Planning
Commission and City Council to offset the loss of housing that will occur as a result of this
project.
Monitoring Monitoring Program: Prior to issuance of any City permit for this project, the applicant shall
submit evidence of compliance with this requirement to the satisfaction of the Community
Development Director.
NOISE
1. All on -site generators shall be contained within an engineered enclosure with adequate intake
and exhaust silencers to ensure compliance with City policies and standards for noise
exposure.
Resolution No. 9430 (2003 Series)
Page 9
2. All outdoor mechanical equipment shall be screened with a solid barrier or other device such
as acoustical louvers to reduce noise levels in compliance with City policies and standards for
noise exposure.
3. All exterior mechanical equipment proposed as part of this project shall be selected,
configured, located, and housed in such a way as to ensure compliance with City policies and
standards for noise exposure.
4. Construction activity shall comply with the City's noise ordinance in terms of noise levels
and times of construction. -
Monitoring Program: Prior to City issuance of any application for grading or building, the
applicant shall submit a report prepared by a qualified acoustical engineer which analyzes project
compliance with required noise mitigation. Prior to issuance of a certificate of occupancy, a
qualified acoustical engineer shall field verify that equipment as installed complies with City
polices and standards for noise exposure.
TRANSPORTATION
1. The project shall include restriping Casa Street to remove existing parking and create a left
and right turning lane onto Foothill.
2. The applicant shall provide subsidized public transit for employees to the satisfaction of the
City Transit Manager for a minimum period of 5 years.
3. Bike lockers, bike racks, and designated shower facilities shall be shown on plans submitted
to the City and to the State for a building permit to the satisfaction of the Public Works
Director.
4. The project shall include relocation of Murray Street entrance further from the intersection
with Santa Rosa Street.
5. Since the project is located on an established transit route, a transit turnout and new shelter
are necessary. Direct pedestrian access to and from the shelter facility shall be constructed by
the applicant. The shelter must meet City standards (to the satisfaction of the transit manager)
and shall be delivered to the City' s Corporation Yard. The shelter and transit turnout will be
installed by the City as part of the Foothill Bridge project.
6. The applicant shall dedicate necessary right of way (or an easement) along Foothill
Boulevard for the new bus turnout, including an easement for the transit shelter, prior to
issuance of any City building or grading permits, to the satisfaction of the Public Works
Director.
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Resolution No. 9430 (2003 Series)
Page 10
7. The applicant's traffic engineer shall work with Caltrans and the City of San Luis Obispo to
improve signal operations at the Murray / Santa Rosa (Hwy 1) intersection. This may include
a split phase operation to improve westbound egress from the Murray onto Santa Rosa.
S. The applicant shall enter into an agreement with the City and shall post a "Letter of Credit"
or other cash equivalent surety to guarantee design and construction of a traffic signal and
signal interconnect(s) at the intersection of Foothill Blvd. and Casa Street.
9. The agreement shall be effective for three (3) years after completion of the proposed Sierra
Vista Hospital addition and shall include the following requirements:
10. The owner /applicant shall provide periodic monitoring of the intersection and/or nearby
traffic operations, to determine the possible need for a traffic signal, to the satisfaction of the
Public Works Director.
11. The monitoring and resultant reports shall be prepared by the owner /applicant's traffic
engineer and delivered to the Public Works Director. If it is determined that a traffic signal is
necessary to mitigate traffic conflicts and operations, as determined by the Public Works
Director, the owner /applicant shall pursue said construction within six (6) months of written
notice by the Public Works Director.
13. The applicant shall prepare, submit to the Public Works Director for approval, and implement
a Parking Demand Reduction (PDR) program applicable during Phase 1 of the project
(Stages A and B) and during Phase 2 (Stage Q. The goal of the program is the reduce
employee and patron demand for parking spaces by providing alternative management
strategies (for employees) and access means (e.g. van pools, organized car pools, transit
passes, and financial inducements that support alternative modes) for employees and patrons
during times on -site parking is limited during construction.
Monitoring Program:
Prior to issuance of any City building or grading permits, the applicant shall submit to the Public
Works Director for review and approval:
• a copy of the parking demand management plan for use during construction;
• an agreement regarding the Casa/Foothill signal; and
• documents granting necessary dedication and easements for the bus turnout and shelter.
Required physical improvements shall be shown on the plans for architectural review and project
grading and construction and shall be installed prior to City issuance of a certificate of occupancy
for the garage.
Resolution No. 9430 (2003 Series)
Page 1 I
SOLID WASTE
1. A recycling plan for demolition and construction activity shall be submitted to the
Community Development Department for review and approval prior to start of construction
or issuance of any City demolition, building, or grading permits
Monitoring Program: The applicant shall provide evidence of compliance to the Chief Building
Official prior to issuance of a grading or building permit.
SECTION 2. Findings. That this Council, after consideration of General Plan
Amendment 145 -01 and the Planning Commission's recommendations, staff recommendations,
public testimony, and reports thereof, makes the following'findings:
The proposed change in land use designation for property at 1043 and 1045 Foothill
Boulevard, as shown on Exhibit A, is consistent with General Plan polices related to the
location of medical facilities, retention of existing businesses, and the City's desire to serve
as a hub for medical services.
2. Adjusting the land use boundary to reduce land designated as residential is appropriate in this
case because a significant, long -term citywide need for medical services outweighs the
preference to retain residential capacity at the affected location. The expansion of hospital
services are best accommodated at the proposed location.
SECTION 3. Approval. The request for approval of General Plan Amendment 145 -01
and Environmental Review (Mitigated Negative Declaration) 145 -01 to change the land use
designation of 1043/1045 Foothill Boulevard from High Density Residential to Office to allow a
hospital expansion and construction of a new parking garage for Sierra Vista Hospital is hereby
approved.
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Resolution No. 9430 (2003 Series)
Page 12
On motion of Council Member Schwartz, seconded by Council Member Settle, and on
the following roll call vote:
AYES: Council Members Ewan, Schwartz, and Settle and Mayor Romero
NOES: Vice Mayor Mulholland
ABSENT: None
the foregoing resolution was passed and adopted this 1st day of April, 2003.
ATTEST:
City Clerk
APPROVED AS TO FORM:
1�0?01
Gilbert A. Trujil o
Interim City Attorney
L
Mayor David F. Romero
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RESOLUTION NO. 9429 (2002 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF
THE CULTURAL HERITAGE COMMITTEE DECISION TO
RECOMMEND AGAINST A PLAN TO RELOCATE THE PINHO
HOUSE TO ACCOMMODATE THE MANSE
ON MARSH EXPANSION (ARC 1 -03)
WHEREAS, the Cultural Heritage Committee conducted a public hearing on February
24, 2003 and recommended that the Architectural Review Commission deny a proposal by the
Manse on Marsh to relocate the Pinho House, based on findings that the modified project is
inconsistent with Council Resolution No. 9295; and
WHEREAS, Council Resolution No.-9295 establishes the significance of the buildings on
497 Marsh Street and establishes the fact that Antonio G. Pinho is a significant person in the
history and development of the City of San Luis Obispo; and
WHEREAS, the City Council conducted a public hearings on April 1, 2003, and has
considered testimony of the appellant, interested parties, the records of the Cultural Heritage
Committee hearing and action, and the evaluation and recommendation of staff; and
WHEREAS, the City Council affirms the recommendation of the Cultural Heritage
Committee that the Pinho House should not be removed from the 497 Marsh Street site.
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 project is inconsistent with Finding #3 of Council Resolution No. 9295, which
states that the location of the house and the detached building (formerly a kitchen
and washroom for the residence) reflect the social status of the original builder and
occupant and exhibit important information regarding the social context of the
building and occupant because other significant individuals in the history of San
Luis Obispo, including the Jack Family and the Higuera Family, lived on this part of
Marsh Street.
2. The project is inconsistent with Finding #4 of Council Resolution No. 9295, which
states the building's locations are significant because Marsh Street is important to
the history and development of San Luis Obispo as one of its main thoroughfares
and the historic residence is one of a few original residences remaining from the
19th century.
3. Findings Nos. 5, 6, and 8 of Council Resolution No. 9295 establish Antonio Pinho
as a long time Marsh Street resident, where he lived for 33 years with neighbors
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City Council Resolution No. 9429 (2003 Series)
Page 2
such as R. E. Jack and Thomas Higuera. Mr. Pinho died in the house and his family
continued to live there, establishing his connection with the property for at least two
generations. Relocating the house would sever Pinho's connection with this historic
section of Marsh Street.
4. The project is inconsistent with Finding #12 of Council Resolution No. 9295
because relocating the Pinho House will detract from the environmental design
continuity of Marsh Street that is created by the Pinho House together with the Jack
House (536 Marsh), Wilkenson House (450 Marsh), and the Kaetzel House (547
Marsh).
5. The project is inconsistent with the City's Historical Preservation Program
Guidelines because one of the Program's stated goals is to safeguard the heritage of
the City by providing for the preservation of Historical Resources which represent
significant elements of its history, and is inconsistent with the Secretary of the
Interior's Standards discouraging the removal or relocation of historic buildings or
landscape features, thus destroying their historic relationship within the setting.
6. Antonio G. Pinho was an important historic figure at a statewide level, since he
served as the sixth Supreme President of IDES administration in 1906 -1907, a
statewide Portuguese - American fraternal organization in 1906 -1907, and was locally
significant in the development of the City, serving two terms on the Board of City
Trustees.
Section 2. Appeal. The appeal of the Cultural Heritage Committee's decision to
recommend against the proposed relocation of the Pinho House is hereby denied.
City Council Resolution No. 9429 (2003 Series)
Page 3
On motion of Council Member Ewan, seconded Vice Mayor Mulholland, and on
the following roll call vote:
AYES:
Council Members Ewan and Schwartz and Vice Mayor Mulholland
NOES:
Council Member Settle and Mayor Romero
ABSENT:
None
The foregoing resolution was passed and adopted this 1" day of April 2003.
City Clerk
APPROVED AS TO FORM:
Gilbert A. o, Acting City Attorney
Mayor David F. Romero
J
Resolution No. 9428 (2003 Series)
J
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBIPSO
ACCEPTING THE DONATION OF $89089 FOR THE PURCHASE, INSTALLATION
AND DEDICATION OF PUBLIC ART SCULPTURE "PUCK"
WHEREAS, the sculpture "Puck" was removed from the community by the artist; and
WHEREAS, pursuant to receipt of a letter, Exhibit A attached herein, and a check in the
amount of $8089 from Tom Copeland to enable the City to complete the purchase of Elizabeth
McQueen's sculpture "Puck" for the its public art collection; and
WHEREAS, subject to Resolution No. 8965 (1999 Series), Exhibit B attached herein, all
donations exceeding $5,000 shall be accepted through a written agreement consistent with these
guidelines and approved by City Council; and
WHEREAS, Exhibit A serves as the written agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo
hereby accepts the donation of $8089 subject to the terms and conditions of Exhibit A and B.
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 1" day of April 2003.
Lee Price, C.M.C.
City Clerk
A VED AS TO .
Gilbert A. Trujillo, Acting City Attorney
Mayor Dave F. Romero
Ava�-&
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Copelands' Properties, LLB Exh'b, l A Pay
P.O. Box 1085
San Luis Obispo, CA 93406
(805) 593 -0200
FAX # (805) 593 -0109
TRANSMITTAL SHEET .
Here is the information you requested. To save time we have taken the liberty of sending it without a
formal cover letter.
DATE: February 27, 2003 VIA: STD MAIL
TO: Betsy Kiser
Principal Administrative Analyst
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
FROM: Tom Copeland
CC:
RE: PUCK
Enclosed is our check to reinstall Puck into the Downtown Centre. Please give my
assistant, Ruth Chapman, 593 -0200, a call when everything is finalized and we need to
make arrangements to have him replaced.
Thank you for your assistance.
Document2
. KeSallb�ll.YG. No.. Yrf2 0
L-xhib1t- 8
RESOLUTION NO. 8965 (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING A CITY DONATION ACCEPTANCE POLICY
WHEREAS, individuals, community . groups, and businesses may wish to make
donations to the City in either cash or in -kind contributions that enhance projects, facilities, and
programs; and
WHEREAS, the need for projects, facilities, and programs exceeds the City's ability to
fund all such needed projects; and
WHEREAS, it is an acceptable and appropriate -practice to accept donations, in order to
enhance City programs and/or facilities to provide a higher level of service to the public.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis
Obispo hereby adopts the following policy concerning the acceptance of donations:
1. The donation must have a purpose consistent with City goals and objectives
2. The City may decline any donation without comment or cause.
3. The donation will not be in'conflict with any provision of the law.
4. The donation will be aesthetically acceptable to the City.
5. The donation will not add to the City's workload unless it provides a net benefit to the
City.
6. The donation will not bring hidden costs such as starting a program the City would be
unwilling to fund when the donation was exhausted.
7. The donation places no restriction on the City, unless agreed to by the City Council.
8. The donation shall become property of the City.
9. All donations will receive recognition appropriate to the level and nature of the donation
as determined by the City. For those of a capital nature, that may be in the form of
signage, marling, or naming. Any naming of Parks and Recreation facilities shall be
consistent with City policy on the naming of such facilities as set forth in Resolution
8621 (1997 Series). Regardless of the recognition strategy selected, the intent shall be to
appropriately honor the donor for their contribution to the community. The appearance of
traditional commercial advertising shall be avoided.
10. Donations exceeding $5,000 shall be accepted through a written agreement consistent
with these guidelines and approved by the City Council. In -kind capital donations will be
subject to normal City review, permitting, inspection, and insurance requirements.
Upon motion of Council Member Marx seconded by Council Member Ewan, and on the
x 8965
Resolution No. 8965 (1999 Series)
Page 2
following roll call vote:
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AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero and Mayor
Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 7th day of September, 1999.
APPROVED AS TO FORM:
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RESOLUTION NO. 9427 (2003 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO DENYING AN APPEAL OF THE ARCHITECTURAL
REVIEW COMMISSION'S ACTION TO APPROVE A LOW -
INCOME SENIOR HOUSING PROJECT PROPOSED FOR 2005
JOHNSON AVENUE; APPLICATION NO. ARC 147 -02
WHEREAS, the Council of the City of San Luis Obispo conducted a public hearing on
March 18, 2003, in the Council Chamber of City Hall,, 990 Palm Street, San Luis Obispo,
California, for the purpose of considering m
an appeal of the Architectural Review Comission's
decision to approve a low- income senior housing project proposed for 2005 Johnson Avenue,
Application No. ARC 147 -02; and
WHEREAS, the Architectural Review Commission reviewed the proposed project on
February 3, 2003, and approved the project because they determined that it was consistent with
the City's Community Design Guidelines; and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the appellants, 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. As conditioned, the project is architecturally compatible with the site and with buildings
on adjacent properties.
2. The Cultural Heritage Committee has determined that the project is consistent with the
Secretary of the Interior's Guidelines for the Treatment of Historic Properties.
3. The proposed setback exceptions will not harm the,general health, safety and welfare of
people working or living on the site or in the vicinity because the proposed parking lots
will be screened with landscaping and the reduced setback for buildings along Ella Street
will provide for a better courtyard environment at the interior of the project site.
4. The project is statutorily exempt from CEQA because it is an affordable housing project
that meets the requirements of CEQA Guidelines Section 15280 (Low- Income Housing
Projects).
R 9427
C_', ) O
Resolution No. 9427 (2003 Series)
Page 2
5. The project is consistent with the General Plan and policies that protect scenic resources
because the proposed buildings will have a relative height from Johnson Avenue that is
equivalent to a single - family home and the buildings are set back between 55 and 70 feet
from the roadway.
6. The project is consistent with the ARC Guidelines because the design meets the standards
for multi- family residential architecture.
7. A traffic signal is not warranted at this location since traffic generated by the project will
not significantly reduce the level of service at the Johnson/Ella Street intersection.
8. The proposed building height is consistent (or lower than) similar structures in the
vicinity that are within the same zoning district. The height of the buildings will not
result in overlook or limit solar access to adjacent residences.
9. The proposed on -site parking supply exceeds city requirements by 10 spaces and
therefore will provide adequate parking without impacting adjacent neighborhood and
street parking.
Section 2. Approval. The Council does hereby deny the appeal and approve the
proposed project, subject to the following conditions of approval and code requirements.
1. At least 4 of the proposed Bradford pear trees shall be eliminated from the patio area
behind the Miller/Hathway House and the remaining trees should be located along the
perimeter of the patio. Additional landscaping shall be provided in the form of potted
plants and trees adjacent to retaining walls to soften their appearance. The patios shall
include movable tables with umbrellas and benches to provide flexibility for the use of
the space, which is anticipated to change over time with the preferences of the residents
of the apartments and the manager's of the property. This condition shall be
implemented to the approval of the Community Development Director as part of the
building permit plan check process.
2. Two of the three Bradford pear trees shall be eliminated from the patio between Building
Three and Building Four and the area shall be treated similarly to the adjacent patio, to
the approval of the Community Development Director.
3. Coast Live Oak shall be used as a street tree along Ella Street, instead of Bradford pear
because of the power lines that are located along this street frontage, to the approval of
the City Arborist and the Community Development Director.
4. The landscape plan shall be revised to provide a greater focus on native, drought- tolerant
plant species, to the approval of the Community Development Director.
Resolution No. 9427 (2003 Series)
Page 3
5. All underlying lots shall be merged or otherwise adjusted prior to permit issuance.
Contact the Planning Department to initiate the Lot Merger or Lot Line Adjustment
process.
6. New curb, gutter, 6' wide integral sidewalk, driveway approach and street paveout are
required along the Ella St. frontage and must be constructed in accordance with City
Standards, Specifications and Policies. A detached sidewalk shall be installed if it can be
designed to meet City standards. The street pavement section design shall be based on
the Traffic Index (TI) established by the City's Engineering Standards and Standard
Specifications.
7. Curb ramps shall be provided or upgraded per city standards. Pedestrian access
easements shall be provided along the back of the curb ramps as necessary if the required
landings and sidewalk connection will extend onto private property.
8. Note on the site plan that "A separate encroachment permit is required for any work in
the public right -of -way. Work requiring an encroachment permit includes but is not
limited to utilities, curb, gutter, and sidewalk, driveway approaches, sidewalk
underdrains, street tree planting, curb ramps, street paving, and pedestrian protection or
construction staging in the right -of- way."
9. Note on the plans to "Contact the Public Works inspector at 781 -7196 with at least a 48
hour notice for any required City of San Luis Obispo encroachment permit inspections."
10. Two new street lights shall be installed to City standards and specifications; one along
Ella St. and one along Johnson Avenue, to the satisfaction of the Public Works Director.
11. Any new or existing driveway approach shall be replaced or upgraded to the current city
and ADA standard. The current standard includes a 4' wide ADA disabled access
sidewalk extension behind the driveway ramp.
12. The demolition/relocation 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 or relocation 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.
13. Add a note to the site plan that "One 15- gallon street tree shall be required for each 35
lineal feet of frontage. Contact the city arborist at 781 -7023 for questions or
requirements and to evaluate any existing street trees."
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Resolution No. 9427 (2003 Series)
Page 4
14. Tree protection measures shall be implemented to the satisfaction of the City Arborist.
Any required tree protection measures shall be included on the building plans. The City
Arborist shall review and approve the proposed tree protection measures prior to permit
issuance and prior to commencing with any demolition, grading, or construction. Any
safety pruning or cutting of substantial roots shall be approved by the city arborist and
work completed by a "city- approved" arborist.
15. The site, grading, demolition, and landscape plans submitted for building permits shall
clearly show the location, diameter, and disposition of all trees. Tree removals and tree
preservation measures shall be approved prior to permit issuance for any grading,
demolition, house moving, and new construction. The tree removals and tree
preservation proposal shall consider construction requirements for the proposed house
move and for the new development.
16. The Walnut, Pepper, and Acacia trees along Ella are approved for removal. The various
non - native trees along Johnson Ave. are approved for removal. The shrubs and plantings
at the corer of Ella and Johnson shall be removed to improve line -of -sight distances
through the comer. Replacement landscaping shall be designed with consideration for
line -of -sight distances at the corers and driveway approaches. Unless otherwise
approved, street trees along Ella shall not exceed a mature height of 35' where located
beneath utility lines in accordance with P.G.&E. standards.
17. 1" throw single cylinder deadbolt locks shall be provided on all exterior doors.
18. Any window glass near doors should be resistant material or glass coated with security
film.
19. All windows that open shall have secondary locking devices.
20. Any common area rooms (laundry, recreation, etc.) should include sufficient glass area to
provide a clear view into the rooms from outside.
21. Provide and maintain a space within the community room that displays maps and
schedule information for the SLO Transit system, the CCAT system, and other para-
transit providers that typically serve senior households. The applicant shall work with the
SLO Transit manager to establish and maintain a program for on -site sale of senior transit
passes to project patrons. Given the potential needs of the project's clientele, retaining an
on -site transportation coordinator should be considered..
22. Parking lot lighting shall not exceed 20 feet in height, measured from the adjacent ground
to the top of the fixture, and shall have lighting levels between 3 and 10 footcandles
maximum. The fixtures shall be designed to eliminate spill light on adjacent properties
or City right -of -way and shall be shielded to reduce glare to the greatest extent possible.
o �
Resolution No. 9427 (2003 Series)
Page 5
23. Motion sensing security lighting shall be provided in the parking lot and along pathways
to the approval of the Community Development Director and the Neighborhood Services
Manager.
24. The Ella Street median shall be design to the approval of the Public Works Director and
shall be installed to the satisfaction of the Public Works inspector under an approved
encroachment permit.
25. Knee braces shall have a minimum dimension of 4" x 4 ".
26. A mitered comer trim detail shall be used on the buildings if a product compatible with
the proposed siding is available.
27. The solid railing at the second level of the three -story buildings shall be lowered to 30"
and an open railing shall be used for the remaining height required by the building code.
28. The exterior trim at all windows and doors shall match the existing house.
29. Revise the openings in the stairwells with details such as decorative corner braces at the
top and mullions at the bottom or consider a more vertical orientation for the openings.
30. Consider increasing the slope of the shed dormers if possible.
31. Cover the exposed portions of the building stem walls above 30" with siding.
32. Develop a brighter color palette for review and approval by the Community Development
Director.
33. Use bollard lighting in the parking lots instead of overhead lighting to reduce potential
lighting impacts on neighbors of the project.
34. Add detail to the west elevation of buildings 2 and 3 to reduce the verticality of the 3
story portion by including a shed roof element across the recessed portion of the building
and a new gable element at the second story, as discussed during the ARC meeting.
35. Trees along the northern property line should be a species that will not grow taller than
the buildings. Street trees along Sierra Way shall be planted one per 35 feet of lineal
footage, per City standards, with a lower growing flowering tree to be located between
the street trees.
36. Use higher growing plants, such as ceanothus, manzanita or toyon along Johnson Avenue
to insure screening of the parking lot. Use heirloom planting in the plaza to provide a
historical connection to the Miller/Hathway House.
Resolution No. 9427 (2003 Series)
Page 6
Code Requirements:
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
basis. Water and Wastewater Impact Fees shall be paid at the time building permits are
issued.
2. 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.
3. 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.
4. All fire protection equipment and building utilities, including gas shut -off valves, and
electrical service disconnects shall be located in a centralized location. In new
construction, equipment shall be located within an interior room having an exterior
access door or in an exterior enclosure attached to the building, specifically for the
purpose of housing such equipment.
5. There are two existing street hydrants that will service this project. Required fire flow
shall be determined using Appendix III -A of the Fire Code.
6. An automatic fire - extinguishing system in compliance with appropriate Uniform
Building Code Standards, National Fire Protection Association (NFPA) Standards, and
the municipal code shall be installed throughout the buildings. Systems containing more
than 100 sprinkler heads shall be monitored by a UL listed Central Station alarm
company.
Resolution No. 9427 (2003 Series)
Page 7
7. An approved fire -alarm system shall be designed and installed as specified in the
California Fire Code, California Building Code, NFPA 72, and the National Electrical
Code as amended by the State of California and local ordinances.
Section 3. Traffic Control Improvements. The Council does hereby accept the offer of
$50,000 from the San Luis Obispo Non - Profit Housing Corporation to be used for a traffic signal
at the Johnson Avenue and Ella Street intersection. Until such time as the Council decides to
proceed with the installation of the signal, City staff is directed to pursue miscellaneous traffic
improvements in the area, including a two -way left turn lane between Ella Street and Bishop
Street in a configuration to be approved by the Public Works Director. Staff shall continue to
monitor the intersection as part of the Annual Traffic Safety Report process and shall make
recommendations for further traffic control improvements when warranted.
On motion of Council Member Settle, seconded by Council Member Schwartz, and on
the following roll call vote:
AYES: Council Members Schwartz and Settle, Vice Mayor Mulholland and
Mayor Romero
NOES: None
ABSENT: Council Member Ewan
The foregoing resolution was passed and adopted this 18th day of March 2003.
City Clerk
APPROVED AS TO FORM:
Gil Trujillo,
Acting City Attorney
Mayor David F. Romero
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RESOLUTION NO. 9426 (2003 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING THE 200 -300 BLOCK OF FERRINI AS A RESIDENTIAL PARKING
PERMIT AREA AND ESTABLISHING DAYS AND HOURS OF OPERATION OF SAID
AREA AND TIME OF RENEWAL FOR A PARKING PERMIT
WHEREAS, the Council of the City of San Luis Obispo has received a petition from a
majority of the residents living in the 200 -300 blocks of Ferrini as shown on Exhibit A; and
WHEREAS, the Council of the City of San Luis Obispo has determined that the quality
of life for the residents of this area has been adversely affected by non - residents using the
neighborhood streets for excess parking; and
WHEREAS, the Council of the City of San Luis Obispo has determined that the
restriction of non - resident parked vehicles on the neighborhood streets will improve pedestrian
and vehicular safety and allow residents to gain proper access to their residences; and
WHEREAS, the Council of the City of San Luis Obispo has held a public hearing to
consider the establishment of a residential parking permit district and has determined the parking
permit district will improve the quality of life for the district residents.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Pursuant to Section 10.36.170 et seq. of the San Luis Obispo Municipal
Code, the residential parking permit area is hereby established as shown and listed on Exhibit A.
SECTION 2. No vehicle other than vehicles providing services to the area or having a
residential parking permit clearly displayed on the dashboard on the drivers side of the vehicle
may park on any street within the district boundaries between the hours of 12 a.m. and 5 p.m.,
seven days a week.
SECTION 3. The Director of Public Works shall be directed to post the area with signs
that clearly indicate these restrictions.
SECTION 4. The Parking division shall issue residential parking permits on demand as
permitted in Section 10.36.220 of the San Luis Obispo Municipal Code. Parking permits shall be
issued for a year effective September 15.
R 9426
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Resolution No. 9426 (2003 Series)
Page 2
Upon motion of Council Member Settle, seconded by Vice Mayor Mulholland,
and on the following roll call vote:
AYES: Council Members Schwartz and Settle, and Vice Mayor Mulholland
NOES: Mayor Romero
ABSENT: Council Member Ewan
the foregoing resolution was adopted this 18th day of March 2003.
1_ ee Price, C.M.C.
City Clerk
APPROVED AS TO FORM:
r
Gilbert Trujillo,
Acting City Attorney
David F. Romero, Mayor
226 Ferrini
234 Ferrini
242 Ferrini
250 Ferrini
290 Ferrini
300 Ferrini
348 Ferrini
366 Ferrini
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RESOLUTION NO. 9425 (2003 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
PERTAINING TO THE REIMBURSEMENT OF EXPENDITURES
FOR THE WATER REUSE PROJECT
WHEREAS, the City of San Luis Obispo (the "City ") desires to finance the costs of
constructing and/or reconstructing certain public facilities and improvements relating to its water
and wastewater system, including certain treatment facilities, pipelines and other infrastructure
(the 'Project "); and
WHEREAS, the City intends to finance the construction and/or reconstruction of the Project
or portions of the Project with moneys ('Project Funds ") provided by the State of California,
acting by and through the State Water Resources Control Board (the 'Board "); and
WHEREAS, the Board may fund the Project Funds with proceeds from the sale of
obligations the interest upon which is excluded from gross income for federal income tax
purposes (the "Obligations "); and
WHEREAS, prior to either the issuance of the Obligations or the approval by the Board of
the Project Funds, the City desires to incur certain capital expenditures (the "Expenditures ") with
respect to the Project from available moneys of the City; and
WHEREAS, the City has determined that those moneys to be advanced on and after the date
hereof to pay the Expenditures are available only for a temporary period and it is necessary to
reimburse the City for the Expenditures from the proceeds of the Obligations.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The City hereby states its intention and reasonably expects to reimburse
Expenditures paid prior to the issuance of the Obligations or the approval by the Board of the
Project Funds.
SECTION 2. The reasonably expected maximum principal amount of the Project Funds is
$13,000,000.
SECTION 3. This resolution is being adopted no later than 60 days after the date on which
the City will expend moneys for the portion of the Project costs to be reimbursed with Project
Funds.
. SECTION 4. Each Expenditure by the City will be of a type properly chargeable to a capital
account under general federal income tax principles.
R 9425
Resolution No. 9425 (2003 S6Enes) O
Page 2
SECTION 5. To the best of the City's knowledge, the City is not aware of the previous
adoption of official intents by the City that have been made as a matter of course for the purpose
of reimbursing expenditures and for which tax- exempt obligations have not been issued.
SECTION 6. This resolution is adopted as official intent of the City in order to comply with
Treasury Regulation § 1.150 -2 and any other regulations of the Internal Revenue Service relating
to the qualification for reimbursement of Project costs.
SECTION 7. All the recitals in this Resolution are true and correct and the City so finds,
determines and represents.
On motion of Council Member Settle, seconded by Vice Mayor Mulholland, and on the
following roll call vote:
AYES: Council Members Schwartz and Settle, Vice Mayor Mulholland, and
Mayor Romero
NOES: None
ABSENT: Council Member Ewan
The foregoing Resolution was passed and adopted on this 18th day of March 2003.
City Clerk
AP ROVED ;AS T ORM:.
Gilbert A. Cdjfillo,
Acting City Attorney
Mayor David F. Romero
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