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HomeMy WebLinkAbout9500-95150 RESOLUTION NO. 9515 (2003 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AMENDMENT TO THE LAND USE ELEMENT MAP FROM NIEGHBORHOOD COMMERCIAL TO HIGH DENSITY RESIDENTIAL FOR PROPERTY AT 286 CALIFORNIA BOULEVARD GP/R/ER 94 -03 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 October 8, 2003 pursuant to a proceeding instituted under application GP/R/ER 94 -03; and WHEREAS, the City Council conducted a public hearing on December 2, 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 Residential zoning, which place a priority on preserving residential uses and maximizing the development potential of infill sites. Additionally the General Plan Land Use Element encourages the development of High Density Residential uses within close proximity of Cal Poly. 3. The proposed rezoning of the site to R -4 will not significantly impact the neighborhoods availability of a neighborhood convenient center since the property already contains residential development and another neighborhood commercial center is located less than 500 feet away. 4. The existing property is not conducive to commercial development since the site is too small to accommodate a commercial use and parking and the site is surrounded by high- density residential property. RgSis Resolution No. 9515 (200eries) Page 2 5. Allowing the land use amendment will implement the City's Housing Element Policies that encourage affordable housing projects. 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. The following mitigation measures are designed to reduce temporary and intermittent air pollution associated with grading and construction of the site: a) A demolition permit shall be required to be approved prior to commencement of any demolition activities at the property. The demolition permit shall list detailed methods of handling potentially hazardous materials such as asbestos. If asbestos is present, a demolition plan shall be reviewed and approved by the Air Pollution Control District prior to approval of a City Demolition Permit. The demolition plan shall contain adequate measures for the removal and disposal of any hazardous materials such as asbestos. b) Prior to any ground disturbance, sufficient water must be applied to the area to be disturbed to prevent visible emissions from crossing the property line; C) Areas to be graded or excavated must be kept adequately wetted to prevent visible emissions from crossing the property line; d) Storage piles must be kept adequately wetted, treated with a chemical dust suppressant, or covered when material is not being added to or removed from the pile; e) Equipment must be washed down before moving from the property onto a paved public road; and f) Visible track -out on the paved public road must be cleaned using wet sweeping or a HEPA filter equipped vacuum device within twenty-four (24) hours. 2: During construction, in the event that subsurface cultural or historic material is discovered on the property, all activities shall cease in the affected area until the area is surveyed by an archeologist/historian approved by the City. At that time a, subsurface testing program shall be initiated in order to determine the presence or absence of any historic or pre - historic materials on the site. Under the direction of the archaeologist/historian, a mitigation plan shall be developed and approved by the environmental coordinator. 3. Prior to removing or demolishing the existing residence at the property, all provisions of the City's Building.Detnolition and Relocation codes shall be utilized. This may include a 90- day notice advertised in a local newspaper offering the existing residence for re- location. Resolution No. 9515 (2003 , Series) o Page 3 SECTION 3. Action. The Council hereby approves the request (GP/R/ER 94-03) for a general plan amendment and rezoning, amending the Land Use map to High Density Residential for 286 California Boulevard: On motion of Council Member Ewan, seconded by Council Member S&ttlej and on the following roll call vote: AYES: Council Members Ewan, Mulholland . and I Settle, Vice Mayor Schwartz and Ma_ yor Romero NOES- None ABSENT- None the foregoing resolution Was adopted this 2 ad day of December, 2003; Mayor David F. Romero A City.Clerk APPROVED AS TO FORM: (Lona n P.. Lowell ,tW City Attorney CD D. O O O RESOLUTION NO. 9514 (2003 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A FOUR -LOT MINOR SUBDIVISION, AFFORDABLE HOUSING INCENTIVES AND A MITIGATED NEGATIVE DECLARATION MS/ER 76 -03 (225 N. Chorro) WHEREAS, the Council 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 December 2, 2003, for the purpose of considering Application MS //ER 76 -03, a four -lot minor subdivision with exceptions, affordable housing incentives and environmental review; and 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 August 27, 2003, and November 5, 2003, and recommended approval of the project to the City Council; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and WHEREAS, the City Council has considered the Mitigated Negative Declaration for the project and has determined that the environmental document adequately addresses the potential environmental impacts of 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 Council of the City of San Luis Obispo as follows: Section 1. Subdivision Findings. The following findings are hereby made in support of the proposed minor subdivision. 1. The proposed map is consistent with the General Plan because the subdivision will provide for high- density residential development, consistent with the requirements and limitations of the R-4 zone. 2. The design of the proposed subdivision is consistent with the General Plan because each dwelling has access to a compact, private open space area and the development will occur as part of the neighborhood pattern anticipated for the high density residential zone. 3. The site is physically suited for the proposed type of development because it is an under- developed site adjacent to an existing street right -of -way with complete City services. R 9514 C� O Resolution No. 9514 (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 City block, 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 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 is not likely to cause serious public health problems because the type of improvements are residential and development will be designed to meet existing building and safety codes. 7. The design of the subdivision will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision because no such easements exist. Section 2. Affordable Housing Incentives. The following findings are hereby made in support of the proposed affordable housing incentives. 1. The project is eligible for affordable housing incentives because over 20% of the units in the project will be affordable. One low- income unit and three moderate income units are required, as stipulated in the applicant's affordable housing proposal submitted 10- 29 -03. 2. The project is entitled to a density bonus of at least 25 %, but because of parking limitations a density bonus of 10.66% is requested. 3. The Municipal Code of the City of San Luis Obispo provides for exceptions to property development standards as one of several potential affordable housing incentives. 4. The proposed setback exceptions will not harm the general health, safety, or welfare of people living or working on the site or in the vicinity because the project has been redesigned to reduce solar impacts on adjacent properties. 5. Buildings on adjacent properties will be separated by a minimum distance of 10 feet, because the proposed improvements on the project site will maintain a 5 -foot setback, and existing buildings on the adjacent properties have at least a 5 -foot setback. 6. Adjacent properties will not be deprived of reasonable .solar exposure because the proposed project is consistent with the City's setback requirements along the northern property line. O� O Resolution No. 9514 (2003 Series) Page 3 Section 3. Environmental Review. The proposed Mitigated Negative Declaration for the project adequately identifies all of the potential impacts of the project and the following mitigation measures are necessary to reduce potentially significant impacts to less than significant levels. 1. Mitigation New oak trees shall be planted at a replacement rate of 5:1 at an off -site location to be approved by the Tree Committee or the Natural Resources Manager. In addition to replacement trees, at least one of the required street trees planted for the project shall be a Coast Live Oak. • Monitoring Program: The proposed mitigation measure will be monitored through the Building Permit Plan Check process, whereby the landscape plan for the project can be checked to insure compliance with the requirement. Any off -site planting required by the Tree Committee must be implemented and inspected by the project planner prior to occupancy of any units in the project. A. performance bond to insure the health and longevity of the trees will also be required as a condition of building permit approval. 2. Mitigation Areas of one (1.0) acre or less: No person shall engage in any construction or grading operation on property where the area to be disturbed is one (1.0) acre or less unless all of the following dust mitigation measures are initiated at the start and maintained throughout the duration of the construction or grading activity: a. Construction vehicle speed at the work site must be limited to fifteen (15) miles per hour or less; b. Prior to any ground disturbance, sufficient water must be applied to the area to be disturbed to prevent visible emissions from crossing the property line; c. Areas to be graded or excavated must be kept adequately wetted to prevent visible emissions from crossing the property line; d. Storage piles must be kept adequately wetted, treated with a chemical dust suppressant, or covered when material is not being added to or removed from the pile; e. Equipment must be washed down before moving from the property onto a paved public road; and f. Visible track -out on the paved public road must be cleaned using wet sweeping or a HEPA filter equipped vacuum device within twenty -four (24) hours. 0 0 Resolution No. 9514 (2003 Series) Page 4 e Monitoring Program: The Air Pollution Control District monitors State requirements for air quality on a complaint basis. City Building Inspectors and Public Works Inspectors also monitor the above requirements because they are printed on all sets of improvement plans and building plans for which a City permit is issued. Section 4. Action. The project is hereby approved, including a setback exception to reduce the required yard along the southern property line from, 9 feet to 5 feet, and one tandem parking space, subject to the following conditions of approval and code requirements. 1. Architectural Review is required for the proposed building designs, which may result in changes to the proposed building height and massing, as necessary to implement the City of San Luis Obispo's Community Design Guidelines. 2. The improvement plans if required, shall be approved prior to building permit issuance. 3. All easements including but not limited to provisions for all public and private utilities, access, drainage, common driveways, and maintenance of the same shall be shown on the final map or recorded separately prior to building permit issuance.. 4. Any required off -site easements shall be recorded prior to building permit issuance. Off - site improvements located on private property and necessary for this development as proposed shall have the additional scope of work shown on the building plans or on a separate plan and associated permit application to the satisfaction of the Building Official. Any off -site permits for work on private property shall be issued before or concurrent with permits for this development. 5. All new frontage improvements shall comply with city standards. Existing frontage improvements shall be upgraded, repaired, or replaced to conform to current city standards to the satisfaction of the Public Works Director. 6. The proposed on -site sewer main, storm drainage /retention systems, water services, and fire services shall be privately owned and maintained by the Homeowner's Association. 7. Final grades and alignments of all water, fire services, 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. C 0 Resolution No. 9514 (2003 Series) Page 5 8. 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. 9. The subdivider shall place underground all existing overhead telecommunication utilities along the Chotro Street frontage to the satisfaction of the Public Works Director and serving utility companies. 10. The existing septic system and leach field shall be abandoned in accordance with the UPC and recommendations by the project soils engineer whichever is more restrictive. 11. A soils report is required for this development. The soils report shall be submitted at the time of building permit application and public improvement plan submittal if applicable. The building, grading, and drainage plans shall be reviewed by the soils engineer for consistency with the report recommendations. 12. A detailed hydrology study indicating the effects of the proposed development on adjacent and downstream properties will be required. The scope of the study should include analysis of the existing historic drainage. The analysis shall include the watershed from adjoining properties if necessary. The historic drainage outlet from this property shall be clarified and incorporated into the final drainage plan and detailed safe overflow. The existing drainage as shown on the tentative map to outlet entirely to the Cork n Bottle property shall be confirmed. 13. Detention facilities may be required. All proposed detention basin and drainage improvements shall be privately owned and maintained by the property owner and/or homeowners' association. Runoff from the post - developed site shall not exceed that of predevelopment for the 2, 10, and 100 -year, 24 -hour storm. Analysis and design of stormwater facilities shall be consistent with the City's Draft Watershed Management Plan. 14. Off -site easements shall be secured for the proposed safe overflow for the drainage system. The proposed overflow shall provide a non - erosive outlet to an approved point of disposal. The existing off -site drainage system(s) shall be justified for capacity and condition to the satisfaction of the Public Works Director. Permits for any upgrade to off -site drainage improvements shall be permitted before or concurrent with permits for new development on the project site. 0 0 Resolution No. 9514 (2003 Series) Page 6 15. Improved surface drainage structures and/or subsurface drainage systems shall be provided along the rear yards of Parcels 3 and 4 in lieu of an earthen swale where private patios are proposed. 16. 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 in accordance with the Professional Land Surveyors Act, the Subdivision Map Act and the Subdivision City's Regulations. 17. 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. 18. 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. 19. Electronic files along with 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 AutoCAD compatible drawing files and any associated plot files along with one original, stamped and signed, ink on mylar set of plans. 20. A water allocation is required, due to the additional demand on the City's water supplies. The City currently has water to allocate, and does so on a "first -come, first- served" basis. Water is allocated at the time building permits are issued and the Water Impact Fee is paid. Both the Water and the Wastewater Impact Fees are based on a per residential unit basis, with appropriate credit given for prior accounts on the property. 21. Each parcel shall have its own separate wastewater service lateral. 01 • Resolution No. 9514 (2003 Series) Page 7 22. Each lot requires a separate connection to the public water main for automatic fire sprinklers. Each 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. 23. 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. 24. 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 any demolition unless the lateral is intended for reuse and it passes a video inspection. If the sewer lateral is intended for reuse, the owner shall submit a VHS videotape documenting the internal condition of the pipe to the Utilities Department for approval. 25. Prior to ARC review, project plans shall be revised to show the dimensional location, orientation, type, spacing and clearance from vertical and horizontal site features of all short- and long -term bicycle parking facilities, consistent with guidance provided by the Community Design Guidelines and the Bicycle Transportation Plan (May 2002). Bicycle racks shall be of the inverted "U" design consistent with Engineering Standard 7930. Project plans shall also clearly show how bicycle parking will be provided, consistent with Table 6.5 of the Zoning Regulations. Bicycle parking within garages shall be shown to not be in conflict with any required vehicle parking spaces. 26. 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. Resolution No. 9514 (2003 Series) Page 8 27. The proposed parcel map shall be revised so that equal area is given to each of the proposed lots, consistent with the City's density requirements. 28. Conditions, Covenants and Restrictions are required for the project and shall stipulate that garage are to be kept available for parking vehicles at all times, and shall not be used for general storage purposes. 29. Prior to issuing building permits for the project, the City shall enter into a covenant agreement with the applicant to notify future residents and property owners that the lofts shall not be used as bedrooms. On motion of Council Member Settle, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz and Mayor Romero NOES: None ABSENT: None The foregoing resolution was passed and adopted this 2nd day of December, 2003. Lee Price, C.M.C. City Clerk APPROVED AS TO FORM: Jon'a an P. Lowell City Attorney c'D' (Z i �(j (j14RiY(GCi /V\ C K RESOLUTION NO. 9513 (2003 Series) RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING A NEIGHBORHOOD TRAFFIC MANAGEMENT (NTM)ACTION PLAN FOR THE PATRICIA DRIVE NEIGHBORHOOD WHEREAS, in June 1998, the City Council adopted Resolution 8811 which establishes guidelines that direct how Neighborhood Traffic Management Plans should be prepared; and WHEREAS, consistent with these adopted guidelines, residents of the Patricia Drive neighborhood have worked with City Transportation staff to prepare a draft NTM Plan for Patricia Drive between Foothill Boulevard and Highland Drive; and WHEREAS, ballots distributed to all households within the study area requesting support of the draft NTM plan resulted in 54% support of the plan, and this level of support exceeds the minimum level required (51 %); and WHEREAS, the City Council finds that the preparation of the Action Plan is consistent with the standards and protocol contained within the NTM guidelines adopted by Resolution 8811 and that the installation of a centerline stripe on Patricia Drive between Foothill Boulevard and Highland Drive and an all -way stop with curb extensions at the intersection of Patricia Drive and Craig Way are reasonable methods for pursuing City NTM goals along this particular corridor. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. The City Council adopts the Patricia Drive Neighborhood Traffic Management Plan, attached as Exhibit A, and directs the Public Works Department to have the improvements installed as called for by the Action Plan. On motion of Vice Mayor Mulholland, seconded by Council Member Ewan and on the following roll call vote: AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this second day of December, 2003. R 9513 C Resolution No. 9513 (2003 Series) Page 2 ATTEST: Lee Price, C.M.C. City Clerk APPROVED AS TO FORM: .IM City Attorney C r�—Fe �� ���i /• My MOW 1. . I ' • • SHOO Patricia Neighborhood Traffic Management Draft Action Plan (August, 2003) Background Statement In April of 2002, several residents in the Patricia Drive neighborhood contacted the San Luis Obispo Public Works Department voicing their concerns for traffic speeds, stop sign violations, and sight distance limitations on Patricia Drive between Foothill Boulevard and Highland Drive. Public Works staff surveyed collision history and speeds along this corridor in May 2002, confirming that the predominant speed traveled on Patricia Street was moderately in excess of the 30mph posted speed limit. In October 2002, ballots were mailed to residents of the Patricia Drive neighborhood asking if they supported the preparation of an "Action Plan" to address the speeding and sight distance limitations. Over 25% of the households indicated that they supported the planning effort, meeting the minimum support required to initiate the planning process. An Action Team was formed and meetings were held with neighborhood residents and Public Works staff to develop a cost effective solution to resolve the issues identified by the residents. Meetings were posted in The Tribune Newspaper and notices were mailed via US mail. At the first Action Team meeting on April 19, 2003, approximately 17 households attended with 10 expressing interest in being members of the Action Team. At the second meeting on June I Ph, 2UO3 the Action Team established goals and considered several alternatives for slowing traffic, improving pedestrian crossing at Craig Way, and increasing site distance at Patricia Street and Craig Way intersection. The Action Team's preferred solution was the installation of a centerline stripe on Patricia Drive from Foothill Boulevard to Highland Drive and the installation of an all -way stop at the intersection of Patricia Drive and Craig Way. A minimum of 51% support of the study area households (one vote per household) is required to approve the plan. If approved by the neighborhood, the Action Plan will be submitted to the City Council for review & adoption. Statement of Objectives The Action Team (made up of neighborhood residents in the Patricia Drive neighborhood and City staff) agreed -upon goals that form the basis for this neighborhood traffic management plan. Those include: 1. Curtail speeding on Patricia Drive between Foothill Boulevard and Highland Drive. Speed surveys conducted on Patricia Drive indicated that the 85h percentile speed ranged from 33 to 37 miles per hour. The 85`s percentile speed is the speed at which 85% of motorists are driving at or below and is one of the factors used in the determination of speed limit designation. These prevailing speeds exceed the posted 30mph speed limit on Patricia Drive and arc not acceptable to the neighborhood. 2. Improve pedestrian crossing at Craig Way. Under existing traffic conditions it is difficult for pedestrians to cross Patricia Drive at Craig Way (Entry to Bishop Peak/Pacheco Elementary School). Field surveys concluded that the pedestrian crossings at Craig Way do not meet City crosswalk standards. The existing marked crosswalks are narrower than the 3m standard and corresponding signage is faded. If stop signs are to be installed at this off -set intersection, crosswalks will have to be moved to avoid a mid intersection pedestrian crossing. 3. Increase the sight distance at the intersection of Patricia Drive and Craig Way. Sight distance surveys conducted at the intersection of Patricia Drive and Craig Way concluded that on- street parking has the potential of obstructing the necessary sight distance for motorists turning onto Patricia. Drive from Craig Way. Although removing parking would improve sight distance, this street is heavily parked and residents do not support parking removal. 4. Develop an Action Plan that can be implemented within the budget. The Action Team felt that in order to ensure the required 51% approval from the study area households, the Action Plan should not require any monetary commitment on the part of the residents. Therefore the cost of the Action Plan should not exceed the City's funding allowance of $140 per household. 5. Develop an Action Plan that, can be implemented quickly. The Action Team is particularly concerned that excessive speeds will continue to worsen with the commencement of the Cal Poly and Questa Fall quarters. Therefore, they are seeking an Action Plan that can be implemented quickly. 6. Achieve a solution that does not shift significant amounts of traffic onto other local streets. The neighborhood has identified Jeffery and Cerro Romauldo as possible streets that could be impacted by the placement of said traffic control measures. To confirm traffic is not diverted to these streets, City staff will take traffic counts on Jeffery and Cerro Romauldo before and after the traffic control are installed. If traffic volumes show a significant increase, modifications to the Action Plan will be necessary. Study Area w� iminxW k '._.. ix 1 --- caw, i (Ji�Y(i I I I I Figure 1: NTMBoundaries �l i C f Ex�lhrt.� Figure 2: Proposed NTM Device - Bulbouts Traffic Calming options /Preferred Solution The Action Team considered several solutions such as stop signs, center line stripes, speed tables, flashing warning signs, parking removal, and increased enforcement The Action Team dismissed speed tables because they would impact motorists who were traveling within the speed limit as well as those who were speeding. Parking removal was dismissed because wider lanes could foster higher speeds. Ultimately the Action Team decided on the combination of stop signs at the intersection of Patricia Drive and Craig Way along with a center line stripe on Patricia Drive from Highland Drive to Foothill Boulevard. The Action Team did not propose the installation of bulbouts (or curb extensions) because of their cost, however staff is recommending their installation in conjunction with the centerline stripe & stop installation for enhanced pedestrian safety & stop sign compliance through improved crosswalk and intersection visibility. 1. Center Line Stripe The primary purpose of a center line stripe is to establish travel lanes and eliminate the propensity of on- coming sideswipes and head -on collisions. Center line stripes can be effective visual traffic calming devices, creating the perception of enclosure to encourage lower speeds. However, installing center line stripes on a narrow roadway might foster sideswipes with parked vehicles. Since these sideswipes are already occurring, it is the goal of the Action Team to slow traffic on Patricia Drive by establishing two narrow travel lanes with a center line stripe. 2. Stop Signs The primary purpose of stop signs is to establish the right of way for traffic at an intersection. Stop signs are effective when conditions warrant their installation. However, when warrants are not met, motorists often do not comply and rear -end collisions are more likely to occur. While the intersection of Craig Way and Patricia Drive does not meet warrants for the installation of an all way stop control, the Action Team is recommending their installation as a way to slow vehicle traffic and improve the pedestrian's ability to cross the street at this intersection. Stop signs would be located within bulbouts (sc-c description below) which places them closer to the travel lane thus improving their visibility. Because the bulbouts were not proposed by the Action Team, they have been included as an alternate traffic calming device for funding purposes. 3. Bulbouts The primary purpose of bulbouts is to narrow the roadway width between curb lines thereby improving pedestrian accessibility and slowing traffic. Bulbouts can be effective measures for slowing traffic and increasing pedestrian safety by decreasing the pedestrian crossing distance and creating the perception of enclosure to encourage lower speeds and compliance with stop controlled intersections. Bulbouts are located outside of the vehicle travel lane and in the area where on- street parking is currently located. Although bulbouts were not included by the Action Team as an essential Action Plan feature, staff recommends their inclusion at the intersection of Patricia Drive and Craig Way in conjunction with stop signs to improve crosswalk and intersection visibility. Cost Estimates & Funding Neighborhood Traffic Management Guidelines establish a City paid funding allowance of $140 per each household within the study area for the installation of traffic management devices. The Patricia Drive neighborhood is comprised of 89 households; making $12,460 of City funding available for the design and installation of an all -way stop at the intersection of Craig and Patricia, a center line stripe from Highland to Foothill, and bulbouts at the intersection of Craig and Patricia. The cost to complete this work is estimated at approximately $20,000. Because one of the Action Plan's objectives is to net require any monetary commitment from the residents, the stop signs and centerline stripe will be identified as the primary order of work and each bulbout will be bid out as a separate item and only those bulbouts that can be included within the $12,460 budget will be constructed. Removal - 41504.00 Pavement Leaend Grind - $640.00 Crosswalk Grindin -$864.00 Installation - $855.00 Soo ns & Crosswalk —$330.00 Center une S - $fi25.on Bullrout Bid Attenuate 1 — $77.879.85 Curb Extensions 1 —$1 240.00 Fee Conti —$5 359.00 Total: 1 —$20,238.85 Table 2: Available Funding Sources [Study Area Households . es NTM Allocation Household $140.00 Total Action Plan Budget $12460.00 Estimated Total Project Cost -$20.238.85 * Depending on the bidding climate, actual bids could fall within the Action Plan Budget C' C Implementation /Performance Monitoring The traffic calming measures are proposed to be installed at one.time, rather than in several phases. After traffic calming measures have been installed along the Patricia Drive corridor, staff will continue to monitor and test the performance of the alterations. After six months, Patricia Drive will be surveyed for changes in collision patterns and prevailing speeds. Staff will look for potential impacts from the alterations made, such as rear -end collisions at the intersection of Patricia Drive and Craig Way and sideswipe collisions with parked cars along the Patricia Drive Corridor. If analysis reveals further safety issues, NTM alterations may be reversed. If the analysis concludes that traffic speeds have not decreased, the neighborhood may wish to pursue other traffic calming measures to reduce speeds. If alterations result in an 85ih percentile speed at 25mph or below, the speed limit designation may be reduced to 25mph. 0o 1 �a a'�e\ o)) �O 1 4 \ vn \ e Ja cY PATRICIA STREET city OL NTM ga {.Nis oimoko SIGNING do STRIPING PLAN t k.. � wr � 0 t "r 00000 ®00000 m N O N N P 1]R N &n IA 3 O 3 O ') P en ro p 3 ; U p C) N Z� �y O Cl S ❑ D O O N < A O_ U U O 0 , � t M i q 77, !1 3 3p r- D 2 '9 y < O ! O A Z O Cl O A D < O 3 7 cl F a n O. O N t2 3 3 1 O O m i N N O P q 3 ^ N 1 ] r i Ip- n M Z �:. 3 .i r p q .]. (0 r- In N M3 N (D j F N (O ] r3f co J Q m O 1 A a O N A q \ a a N O N a _ \ 3 7 \ 7 N \ O a U 120 P 1 _ fO 7 4 \ vn \ e Ja cY PATRICIA STREET city OL NTM ga {.Nis oimoko SIGNING do STRIPING PLAN t k.. � wr � 0 t "r n n �xh14�li A O Install Detail Center Line Stripe / O2 Remove Pavement Legends / O3 Remove Crosswalk Bars / O4 Install .3m Yellow Crosswalk Bars a OMove 'Stop' Pavement Legend / Back to 2.4m from Stop Bar / O Install 'STOP' Sign O7 Install 'STOP' Pavement Legend ® Install 'STOP AHEAD' Sign O install 'SCFcoL CROSSING Sign 4 l0 Install 'Stop Ahead' Pavement Legends r'a'h I] Remove 'END SCH130L ZONE' sign leaving 'N❑ PARKING' sign. / e D/ A Cr Yv� / Qa CrrQ19 a .l w w > e A PATRICIA STREET _ City / QC t Y�i� 0 RRr Ea LUIS oils O NTM ¢ •-••• SIM= & STRIPING PLAN fl° 1inu �l y n — lO Install Detod Center Line Stripe Renove Pavement Legends Q3 Remove Crosswalk Bars ~ ® Install 3n Yellow Crosssalk Bars OS Move 'Stop' Pavement Legend Back to 2.4n from Stop ar © Install 'STOP' Sign O7 Install 'STOP' POvenent Legend O8 install -STOP AHEAD' Sign k 1, O9 Ins tail - SCHOOL CROSSING- Sign @B install 'Stop Ahead' Pavement Legends ^ [ �i Remove -END SCHOOL ZONE' slpn in leaving 94110 PARKING' sign. 2 0 U L Craig �o o� E.4m In .... ........rr i i t' Craig i z 1 3n t ! PATRICIA STREET (�'�'y NTW STRLPINC PUN s 6 L is owpo J $ICWNC t y 3 � ® � RESOLUTION NO. 9512 (2003 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING DOWNTOWN ASSOCIATION MODIFIED FEE SCHEDULE FOR THURSDAY NIGHT PROMOTIONS. WHEREAS, The San Luis Obispo Downtown Association conducts a weekly promotional event, Thursday Night Promotions, also commonly referred to as Farmers' Market or Thursday Night; and WHEREAS, the TNP event is a financially self - sustaining, safe and fun family- oriented activity; and WHEREAS, from time to time, the needs and expenses of the activity change; and WHEREAS, during regular TNP committee meetings and budget meetings fee changes have been discussed and approved; . NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby approves the recommended rules and regulations changes and/or fee modifications as submitted. Upon motion of Vice Mayor Schwartz, seconded by Council Member Mulholland, and on the following roll call vote: AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 2nd day of December, 2003 ATTEST: ` Lee Price, C.M.C. City Clerk R 9512 Resolution 9512 (2003 Series) Page 2 APPROVED AS TO FORM: Jo tha . Lowell City Attorney M Exhibit A Recommended Increases to categories Category Current Recommended @ 30% Increase BBQ $.20 /sq ft .26 /sq ft .06 /sq ft Food Vendor Vendor Non Profit Entertainment FM Fees 39 wks @ $13 13 wks @ $17 $ 12.00 /wk $12.00 /wk 39 wks @ $10 13 wks @ $15 15% Operating Costs 1% Gross Sales $16.90 ($17:00) $22.10 ($22.00) $15:60 ($16.00) $15.60 " $13.00 $19.50 ($20.00) no change 3.90 ($4.00) 5.10 ($5.00) 3.60 ($4.00) 3.60 " 3.00 4.50 ($4.60) SLODA 9, Ptal� o RESOLUTION NO. 9511 (2003 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE GOVERNMENT ACCESS CHANNEL PROGRAM POLICY STATEMENT AND OPERATING GUIDELINES FOR THE GOVERNMENT ACCESS CHANNEL WHEREAS, the Council adopted Resolution No. 9144 (2001 Series) in January 2001 adopting a policy statement and operating guidelines for the City's government access channel; and WHEREAS, the City's Community Relations Team has determined that minor revisions are necessary to the policy documents;. and WHEREAS, the Community Relations Team recommends that the policies be amended to provide greater opportunities to enhance programming on the government access channel. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Resolution No. 9144 (2002 Series) is hereby rescinded. SECTION 2. The Revised Government Access Channel Program Policy Statement (Exhibit A) is hereby approved, a copy of which is attached hereto and made part of this resolution. SECTION 3. The Revised Government Access Channel Operating Guidelines (Exhibit B) are hereby approved, a copy of which is attached hereto and made part of this resolution. SECTION 4. The City Administrative Officer, or designee, is directed to operate the government access channel in accordance with said Policy Statement and the Operating Guidelines. Upon motion of Council Member Mulholland, seconded by Council Member Settle, and on the following roll call vote: AYES: Council Members Ewan, Mulholland, and Settle, Vice Mayor Schwartz, and Mayor Romero NOES: None ABSENT: None the foregoing resolution was adopted this 2 °d day of December, 2003. R 9511 EM Resolution No. 9511 (2003 Series) Page 2 Lee, Price, C.M.C. City Clerk APPROVED AS TO FORM: than P. Lowell City Attorney • city I 1 � � .lili!.II j I l4 , San LUl S OBI S 0 O EXHIBIT A coveanment access channel puoGnam policy statement mission statement The goal of municipal programming shall be to provide information to all citizens of the City of San Luis Obispo concerning community issues, policies, activities and services to create greater awareness of local government and the local decision - making process. oBjectives 1. To make public proceedings and events more accessible to San Luis Obispo residents by providing live, gavel to gavel coverage of City Council and other local government meetings, as opportunities and resources permit. 2. For the convenience of the community, videotape meetings for subsequent replay to insure additional opportunities for viewing. 3. To increase community awareness of City services. 4. To provide more extensive information on key City issues and activities. 5. To provide other educational information that contributes to the quality of life in San Luis Obispo. 6. To promote City sponsored or City co- sponsored special events. 7. To produce and maintain a municipal calendar which shall run at all times, except for when other City programming is scheduled. 8. To act as a source of information during local emergencies. 9. To offer presentation alternatives to the departments and divisions of the City of San Luis, Obispo. 10. To improve City services by enhancing and/or standardizing training of City employees through the production of video training tapes. �j y li I r t � III city of G.11ir san lui s OBI spO a' p EXHIBIT B Government Access Channel Operating Guidelines Channel Management The City of San Luis Obispo manages the government access channel and decides which programs will be cablecast on the channel. The City Administrative Officer (hereafter "CAO "), is responsible for the daily management and programming of the channel. Programs produced by the City of SLO will provide specific information about City services, operations and decision - making and shall be consistent with the mission statement and objectives outlined in the policy statement. The City's government access channel shall provide direct, non - editorial information to the citizens of SLO concerning their city government. The government access channel is not intended to be a political forum, nor a mechanism for building support for a particular policy, program or issue. Program Content 1) All programming shall be consistent with the City's Government Access Policy Statement (hereafter "Policy Statement "). 2) Programming on the government access channel shall be non- commercial and shall meet all applicable Federal, State and local laws. 3) Eligible programming includes coverage of public meetings, promotion of City and City - sponsored events and services, information relating to local emergencies, elections, public safety service announcements and other programming produced by the City and/or by outside sources that is consistent with the Policy Statement and these guidelines. 4) Any City department may suggest or assist in the production of programming for the channel, as resources permit. All programming must be consistent with the Policy Statement and is subject to the approval of the CAO. Departments should budget for costs associated with video production. Any programming prepared or provided by a City department, agency or contract producer may be modified or edited as appropriate for cablecasting. Government Access Channel Operations Guidelines • Page 2 5) Local political candidate debates may be cablecast provided that the debate is facilitated by an outside, non - partisan and impartial group or organization (League of Women Voters, for example). Debates must be approved in advance of the event by the CAO in accordance with provisions set forth in the Council Policies and Procedures as it relates to use of the Council Chamber. 6) Outside programming consistent with the Policy Statement may be cablecast on the channel. Outside programming must be acquired or sponsored by a City department or agency. All outside programming is subject to approval by the CAO. Outside programming shall not preempt any local programming. 7) Public Service Announcements (PSAs) will be solicited and produced for the channel. PSA topics shall be consistent with the Policy Statement and must be in a format acceptable as defined by the CAO. 8) Promotional announcements for events sponsored by a City department or agency are acceptable for cablecast. 9) Information for the community calendar shall be consistent with the Policy Statement and submitted through a City department or agency in accordance with guidelines established by the CAO. 10) Press conferences held for the purpose of providing information to the public but not for advocating a political position may be cablecast. 11) City sponsored events that have a cost and are open to the general public may be promoted on the channel. Content Restrictions 1) No obscene, indecent, libelous, slanderous, or illegal material is allowed on the channel. 2) Programming will contain nothing which is subject to copyright, except where the applicant demonstrates compliance with applicable laws. 3) Programs should contain no commercial matter. "Commercial matter" includes: (a) any advertising material designed to promote the sale of any products or services, including advertising by or on behalf of candidates for public office or relating to ballot measures; or (b) any material used or designed for use to solicit funds, support directly or indirectly any business or enterprise for commercial purposes, or for any political party, candidate for office or ballot measure. Government Access Channel Operations Guidelines Page 3 4) Programs will not contain advertisement of or information concerning any lottery, gift enterprise, or similar scheme offering prizes drawn or awarded by means of any such lottery, gift enterprise or scheme. 5) Programming shall be removed from the channel if it contains untimely or incorrect information; and/or it does not meet technical standards requiring a clear audio and video signal. 6) The channel will not be used for the promotion of any elected official, candidate or ballot measure. Specific advertising messages on behalf or opposing any political candidate or measure will not be permitted. The channel is exempt from providing equal opportunities to a candidate for time incumbents spend on the channel when performing the routine duties of their position, including participation at regular and special sessions of the City Council, other public meetings and bonafide news events. 7) Requests for access to the government access channel for the purpose of advocating a personal viewpoint shall be denied. Programming Priorities Programming priorities for the channel are listed below. The CAO may make exceptions to these priorities on a case -by -case basis. 1) Emergency programming involving public safety or health. 2) Programming of or about meetings of City policy - making bodies. 3) Programming of City departments and their services. 4) Programming of state, federal and/or City boards, commissions and authorities and/or agencies that are publicly funded. 5) Programming produced by the City and/or outside sources that is relevant to local government and community interests, which otherwise meets the Policy Statement and these guidelines. Programming Policies 1) Program Ownership. All programming produced by the City, its officers and agents, is property of the City. Programs produced by contract agents of the City become the property of the City and will not be sold or commercially distributed without the written permission of the City. 2) Use of Equipment. Use of the City -owned video production equipment and facilities will be limited to the City's contract operator and/or City staff who have been adequately trained. City -owned equipment will not be used for personal use nor will it be rented or loaned to any firms, organizations, or agencies. Government Access Chanifei Operations Guidelines Page 4 3) Editing. Official public meetings shall not be edited or be subject to editorial comment. Any programming prepared, originated or provided by a City Department may be modified or edited as appropriate by the CAO. Text generated messages may be edited to provide clarity and to maximize use of the character generator. Should human or mechanical error result in the cablecast of incorrect information over the channel, the City and any operations contractor shall not be liable for the inaccuracy of transmitted information. 4) Channel Operating Hours. The channel shall be available to operate 24 -hours per day, seven days per week if appropriate and as resources permit. 5) Scheduling. Scheduling shall be the responsibility of the CAO, and shall be consistent with the orderly development of diversified programming. Emergency messages affecting the health, safety and general welfare of City residents shall receive highest priority at all times over regularly scheduled programs. Scheduling or programming conflicts will be resolved by the CAO. 6) Program Playback Log. The operator shall keep and maintain a daily log of all programming cablecast on the channel for each playback day. Log information shall include program title, airtime, and length of program or other information as deemed appropriate. Retention of the log shall be defined in the City's record retention schedule. 7) Retention of Tapes. Videotapes shall not be considered an official record of public meetings. Tapes are the property of the City of San Luis Obispo. Tapes shall be retained according to the City's record retention schedule and/or State law. At the end of the scheduled retention time, all tapes will be erased and re -used, or discarded as appropriate. 8) Tape Duplication. Requests for copies of tapes must be made in writing pursuant to the Public Records Act and are subject to a fee set by the Council, as part of the City's Master Fee Schedule. 9) Programming Acquisition and Exchange. Cooperative arrangements and agreements with local educational programmers, broadcasters, cable companies and other production groups may be established for efficient operations and communications. Program Sponsorship/Partnership Policy: Appropriate underwriting provides an acceptable means of generating new revenues to assist in financing existing or new programs, thereby reducing the burden on taxpayers. The City encourages creative approaches to underwriting opportunities within the following parameters: Who may be identified as a sponsor? 1. Companies, corporations or divisions or subsidiaries of a corporation 2. Endowments, Enterprises and Foundations 3. Individuals who are residents of the City of San Luis Obispo. Government Access ChannOel Operations Guidelines Page 5 General Principles for Determining Acceptability: 1. The sponsor may not exercise editorial control over the content of any portion of programming or shows. 2. The public must not perceive that the sponsor has editorial control over programming or shows. 3. The public must not conclude that any program promotes sponsors' products, services or other business interests. 4. The text for sponsor credits shall be in one of the following formats: • "This program is made possible (in part) by funding from (Sponsor Name and Logo and/or brief description) ", or • "Sponsored by .... ", or • "Brought to you by......" Guidelines: 1. Identification: All sponsor credits must identify the sponsor by name and/or logo. The City will not accept support without proper identification. 2. Sponsor credits may not include: • Any call to action or solicitation to purchase a product • Superlatives • Direct comparisons • Price or value information • Inducements to buy 3. Telephone numbers or web site addresses are acceptable in sponsor credits only if the purpose is for the viewer to obtain more information. If the purpose is to solicit sales, however, the information is prohibited. 4. Sponsor credits may not create the perception that there is a connection between the program content and the sponsor's products or services. 5. Frequency of credits: Sponsor may receive credit only at the beginning and end of a Program. 6. Program content may not be interrupted to provide a sponsor credit. 7. Duration of credits: No one credit may exceed 15 seconds; a sequence of credits cannot exceed 60 seconds. 8. The City of San Luis Obispo retains the absolute right to reject or modify any sponsor's material for any reason. Government Access Channel Operations Guidelines Page 6 Special Restrictions: 1. The City will not accept sponsor support from businesses that primarily sell or produce products such as cigarettes, tobacco products or alcohol, including distilled spirits, wine and beer. 2. The City reserves the right to refuse sponsor support from entities that may be viewed as controversial or that promote any product or position that may be contrary to the mission and goals of the City of San Luis Obispo. • The City will not accept any underwriting that is false, fraudulent, misleading, deceptive, or libelous • Relates to illegal activity • Does not conform to prevailing advertising industry standards for similar public spaces. 3. Promotion of an individual political party or politician will not be displayed. 4. The City reserves the right to refuse sponsor support from any individual /s that may be viewed as promoting the personal opinion of that individual /s. Approval/Authority: All sponsorship and/or partnership agreements are subject to review and approval by the City Attorney and CAO. An agreement shall be executed by all parties prior to posting any sponsorship. Revenues received shall be allocated to offset the operational costs of the sponsored programming on the City's government access channel. City Council and Planning Commission Meeting Coverage 1) Regular City Council meetings will be cablecast gavel -to- gavel, excluding closed sessions. Special meetings will be cablecast gavel -to- gavel, whenever possible. 2) Regular Planning Commission meetings will be cablecast gavel -to- gavel. Special meetings will be cablecast gavel -to- gavel, whenever possible. 3) Public meeting coverage will not be edited or subject to editorial comment. Editing of technical difficulties is permitted. 4) Coverage will be focused on the officially recognized speaker or on any visual information that may be displayed as part of a presentation. 5) There shall be no reaction shots. Government Access Channel Operations Guidelines Page 7 6) A City- operated character generated message may indicate the name of the officially recognized speaker, identification of the matter(s) being considered by the Council/Commission, and the date of the discussion. 7) Public meetings taped for cablecast will be re- cablecast at least once, if possible. 8) Meetings not held in the Council Chamber require special equipment and additional staffing and may be videotaped for later cablecast with the prior approval of the CAO, as resources permit. 9) The Minutes shall remain the official record of the proceedings. City Advisory Bodies, Task Forces and other Public Hearings Coverage will be as resources permit and will generally conform to all of the provisions of live cablecasting of City Council meetings. Coverage may be live or videotaped and aired at a later time. Coverage will be replayed if airtime is available. Public Meetings of Other Government Entities Public meetings held in the Council Chamber by other government entities may be cablecast live or videotaped and aired at a later date if approved in advance of the event by the CAO. Said approval shall conform to the provisions set forth in the Council Policies & Procedures as it relates to the use of the Council Chamber. The City maintains the right to request compensation for costs incurred by the City for coverage of meetings held by other governmental entities. Coverage will be replayed if airtime is available. Use During Emergencies Government use of the channel during emergencies and disasters declared by the Mayor of the City of San Luis Obispo has absolute priority over other programming. During such emergencies or disasters, the channel shall be permitted to accept live, taped, charger- generated and audio information from other governmental or non - governmental entities when such announcements are deemed to provide important public information pertaining to the emergency or disaster or other conditions requiring protection of the public health, safety and welfare. Technical Standards All programs submitted or produced for cablecast must meet the following technical standards: 1) Tape format must be 3/a inch videocassette, or other format as specified by the operator. Government Access Chanty Operations Guidelines Page 8 2) Video and audio quality must be acceptable for cablecast transmission, as determined by the operator. Audio must be audible with minimal noise when amplified. 3) Program must be no more than a third generation dub with a minimum of color smearing. Tapes with excessive "drop- outs" or other technical problems will not be accepted. 4) Tapes submitted for cablecast or produced by the City shall be clearly labeled with the following information: a) Title of program b) Name of producer c) Total running time (TRT) in minutes; seconds from fade -up to fade -out. d) Audio channel designation (if applicable) e) Number of segments on each tape (if applicable) f) Generation of dub if not cablecast master g) Multiple tapes for a single program shall be clearly labeled (ex: Title, Tape # 1 of 3, Tape #2 of 3, etc.) 5) All tapes (with the exception of public meeting coverage) must begin with a title slate and time with no less than 10 seconds of color bars followed by a 10- second countdown and 2 seconds of studio black. 6) Tapes should have no less than 15 seconds of black at the end. 7) All tapes must have consistent control track. Din K-CA�� MJ- 6�d�f w,,36 LLLrf Go-!-\ 0 G. RESOLUTION NO. 9510 (2003 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING REVISED STANDARD SPECIFICATIONS AND ENGINEERING STANDARDS FOR CONSTRUCTION WHEREAS, the Public Works Department is responsible for maintaining Standard Specifications and Engineering Standards establishing quality requirements and contract conditions for construction; and WHEREAS, the Standard. Specifications and Engineering Standards must be periodically updated to allow for changes in construction practices and contract law; and WHEREAS, legally adopted Standard Specifications are necessary to provide "design and plan immunity" thereby protecting the City from possible liability, NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. Approve the revised City Standard Specifications and Engineering Standards. 2. Rescind Resolution No. 9388 (2002 Series) approving the previous editions of the Standard Specifications and Engineering Standards. Upon motion of Council Member Settle, seconded by Council Member Mulholland, and on the following roll call vote: AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz and Mayor Romero NOES: None ABSENT: None the foregoing resolution was adopted this 2nd day of December, 2003. Lee Price, C.M.C. City Clerk APPROVED AS TO FORM: Jona . Lowell City Attorney Mayor David F. Romero 1'=11111 cDD ® O C C RESOLUTION NO. 9509 (2003 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AMENDMENTS 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, including the Community Development Block Grant (CDBG) Program; and WHEREAS, the Human Relations Commission held a public hearing on a request to amend the City's 1999 CDBG Program to reallocate $40;600 in Economic Vitality Corporation Revolving Loan Funds to a new activity to be added in 1999 entitled "Economic Development/Job Retention for Stanley /Cole Motors ", and at said meeting, voted to recommend that the Council approve the amendment and forward a recommendation to the San Luis Obispo County Board of Supervisors to amend the 1999 Urban County Consolidated Plan to implement the amendments; and WHEREAS, the Council has held a public hearing to consider the amendment request, pursuant to procedures in the Urban County's Community Participation Plan, and has considered the Human Relations Commission's recommendation and comments, public testimony, staff reports, previous Council actions, and approved 1999 CDBG Program; and WHEREAS, the Council intends that the proposed amendments be included with multi- year, countywide amendments to the Urban County's Consolidated Plans being considered by the Board of Supervisors at its December 9, 2003 public meeting. 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. Amendments to the 1999 Community Development Block Program. The City's 1999 Community Development Block Program is hereby amended, as shown in Exhibit A. SECTION 3. 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 amendments to the Urban County's 1999 Consolidated Plan. R 9509 Resolution No. 9509 (2003 Series) Page 2 Upon motion of Council Member Settle, seconded by Council Member Mulholland, and on the following roll call vote: AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz and Mayor Romero NOES: None ABSENT: None the foregoing resolution was adopted this 2nd day of December, 2003. i Mayor rp David F. Romero ATTE T: Lee Price, C.M.C. City Clerk APPROVED AS TO FORM: Jon tha .Lowell City Attorney C, Exhibit A City of San Luis Obispo Amendments to the 1999 CDBG Program C Grantee Activity Existing Fundin ;Proposed Twin - Economic Revolving Loan Fund $90,056 $49,456 Vitality Corp. City of SLO Economic Development/Job $0 $40,600 Retention, Stanley /Cole Motors 'Includes $20,000 in Loan Administration funds. 'New activity for 1999 Program Year. R 9509 SG-b Gac� ✓�a / s;��wI Ica 7' (71 0 RESOLUTION NO. 9508 (2003 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S (ARC'S) ACTION, THEREBY OVERTURNING THE ARC'S DECISION TO DENY THE PROPOSED INSTALLATION OF A 50 -FOOT HIGH, ILLUMINATED FLAGPOLE IN THE CONSERVATION OPEN SPACE ZONE (C /OS -10) AND APPROVING ITS INSTALLATION AT 1772 CALLE JOAQUIN (ARC MOD 92 -03) WHEREAS, the Architectural Review Commission discussed the project at public hearings held on September 2, 2003, September 15, 2003, and October 20, 2003, and at the last hearing on October 20, 2003, denied the project, based on findings; and WHEREAS, Bob Bryn, 783 Clearview Lane, representing American Legion Post 66, filed an appeal of the Architectural Review Commission's action on October 28, 2003; and WHEREAS, the City Council conducted a public hearing on November 18, 2003, and considered testimony of interested parties including the appellant, the records of the Architectural Review Commission's discussion of the project including the action of October 20, 2003, and the evaluation and recommendation of staff. BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration of the proposed project (ARC MOD 92 -03), the appellants' statement, staff recommendations and reports thereof, makes the following findings: 1. Consistent with Land Use Element Policy 6.2.2, the proposed flagpole structure is necessary to protect public health and safety, in that in these times of uncertainty, of American soldiers sacrificing their lives overseas, and of terrorist attacks on domestic soil, the pubic health and safety are bolstered and strengthened by the display of a prominent symbol of our common values and the liberties granted to us under our form of governance. 2. Consistent with Open Space Policy OS 11.2.3, there is no practicable alternative to the proposed location of the flagpole structure given the factors of: a. a landowner willing to permit the installation; b. interference with KSBY's operations if the flag were located adjacent to the existing building on KSBY's parcel; c. close proximity to an existing building, freeway and billboard sign in an open space area not conducive to passive recreation; and d. the fact that the site also meets the criteria of. the American Legion in terms of its prominence and visibility at a major entrance to the City. Resolution No. 9508 (2003 Series) Page 2 3. There is a strong public policy, as evidenced by Government Code Section 435.5, in favor of allowing the flag of the United States to be displayed. 4. There are exceptional or unusual circumstances applying to the property involved which do not apply generally to properties in the vicinity with the same zoning such as its prominent, visible location, which lends itself to allowing a 50 -foot high flagpole where a 35 -foot high structure would normally be allowed, to create an area focal point or landmark. 5. The exception will not constitute a grant of special privilege or entitlement inconsistent with limitations applied to other properties in the vicinity with the same zoning, for the particular unique circumstances referenced in the above findings. 6. Granting the exception will not be detrimental to the public welfare or injurious to the properties or improvements within the vicinity because the proposed 50 -foot high flagpole will not disrupt views of community landscape features as the site is adjacent to an existing building, freeway and billboard sign in an open space area not conducive to passive recreation. 7. The flagpole as proposed is consistent with the purpose of the sign regulations and sign evaluation criteria, which allows for exceptions to standards when appropriate findings of special circumstances can be documented. SECTION 2. Action - Appeal Upheld. The appeal of the Architectural Review Commission (ARC) is hereby upheld. Therefore, the project is approved. On motion of Council Member Settle, seconded by Council Member Schwartz, and on the following roll call vote: AYES: Council Members Schwartz and Settle, and Mayor Romero NOES: Council Member Ewan and Vice Mayor Mulholland ABSENT: None The foregoing resolution was passed and adopted this 18th day of November, 2003. 0 Resolution No. 9508 (2003 Series) Page 3 .Lee Price; C.M.C. City Clerk APPROVED: Jona an P. Lowell City Attorney 0 Mayor David F. Romero Aala tit 40 01340 s -1 �JD RESOLUTION NO. 9507 (2003 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE ARCHITECTURAL REVIEW COMMSSION'S ACTION FOR PROPERTY LOCATED AT 1892 OCEANAIRE DRIVE (ARC 48 -03). WHEREAS, the City opened a code enforcement case for the subject property on September 11, 2002, for an illegally converted garage; and WHEREAS, the appellant, on April 22, 2003, submitted an application for Architectural Review; and WHEREAS, the Architectural Review Commission, on October 6, 2003, denied a request to convert a 2 -car garage into living space and construct a 2 -car carport as replacement covered parking; and WHEREAS, David Schmitt, on October 16, 2003, filed an appeal of the Architectural Review Commission's action; and WHEREAS, the City Council conducted a public hearing on November 18, 2003, for the purpose of considering the appeal to the Architectural Review Commission's action for application ARC 48 -03; WHEREAS, the City Council has considered testimony of the applicant/appellant, interested parties, the record of the Architectural Review Commission's hearing and action, and the evaluation and recommendation of staff; and BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration of Architectural Review application ARC 48 -03, the Architectural Review Commission's decision, staff recommendation, public testimony, and reports thereof; makes the following findings: The proposed garage conversion and replacement parking will be detrimental to the health, safety and welfare of persons living or working at the site or in the vicinity because the project is not architecturally compatible, and is out of character, with the site and the surrounding neighborhood, where required parking is provided primarily by attached two -car garages. 2. The proposed garage conversion and replacement parking are not consistent with the Community Design Guidelines which state that additions should respect the architectural style, detailing, scale and composition of the original building so they look integrated with the original structure, rather than a tacked -on afterthought. �4 5U7 Resolution No. 9507 (2003 Series) Page 2 3. Other options are available to the applicant to add living space to the house, which would not adversely affect neighborhood character and would preserve on -site space for parking. SECTION 2. Action. The appeal is hereby denied without prejudice and the applicant is directed back to the Architectural Review Commission with revised project plans. On motion of Vice Mayor Mulholland, 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 passed and adopted this 18'' day of November, 2003. Mayor David F. Romero Lee Price, C.M.C. City Clerk APPROVED AS TO FORM: an P. Lowell City Attorney -X E 1 / O RESOLUTION NO. 9506 (2003 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DIRECTING THE CAO TO SUBMIT A FUNDING APPLICATION TO THE CALIFORNIA BICYCLE TRANSPORTATION ACCOUNT (BTA) PROGRAM FOR ALTERATIONS TO THE JENNIFER STREET BICYCLE AND PEDESTRIAN BRIDGE WHEREAS, the City Council has adopted a Bicycle Transportation Plan that complies with the content requirements of Section 891.2 of the California Streets and Highways Code; and WHEREAS, the proposed alterations to the Jennifer Street bicycle and pedestrian bridge Fare consistent with San Luis Obispo's Bicycle Transportation; and WHEREAS, the San Luis Obispo Bicycle Advisory Committee (BAC) has reviewed the BTA Grant Program Guidelines, considered alternative eligible projects, and has recommended that the City Council pursue BTA grant funding for alterations to the Jennifer Street bridge; and WHEREAS, the Community Development Director has reviewed the proposed project and granted a Categorical Exemption consistent with Article 19 of the California Environmental Quality Act (CEQA) Guidelines; and WHEREAS, the City Council finds that the proposed alterations to the Jennifer Street bicycle and pedestrian bridge will improve bicycle transportation in San Luis Obispo, consistent with the community's General Plan Circulation Element. BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: Section 1. The City Council directs the City Administrative Officer (CAO) to submit the BTA grant application to Caltrans and to enter into any subsequent cooperative agreements with that agency for funding the alterations to the Jennifer Street bicycle and pedestrian bridge. Section 2. The City Council hereby certifies that it will provide a minimum ten percent (10 %) local funding match for alterations to the Jennifer Street bridge. 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 5=6 Resolution No. 9506 (zo03 Series) � Page 2 The following resolution was adopted this 18th day of November, 2003. Mayor David F. Romero ATTES : • Lee Price, C.M.C. City Clerk APPROVED AS TO FORM: Jonat6igrP. Lowell, City Attorney L Lc- 0 V/La/9 C O RESOLUTION NO. 9505 (2003 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING SECTION 405 OF THE FINANCIAL MANAGEMENT MANUAL REGARDING FLEET MANAGEMENT WHEREAS, the City's fleet represents a significant investment in the tools needed to deliver day -to -day services; and WHEREAS, the Council wants to minimize fleet operation and maintenance costs; and WHEREAS, the Council wants to avoid unnecessary capital outlays for fleet expansion and replacement; and WHEREAS, the Council wants to improve fleet safety, utility, reliability, and economy; and WHEREAS, the Council wants to maintain a positive image for the City; and WHEREAS, the Council wants to encourage responsible use of City vehicles and equipment; BE IT RESOLVED by the Council of the City of San Luis Obispo to adopt the amended Section 405 of the Financial Management Manual attached and to rescind Resolution No. 9036 (2000 Series). 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 18`s day of November, 2003. ATTEST- Lee Price, C.M.C. City Clerk APPROVED AS TO FORM: Jona . Lowell City Attorney � Mayor David F. Romero R 9505 Section 405 FLEET MANAGEMENT TABLE OF CONTENTS [1V Oi IAIJ 1 �►'i'I A. Purpose and Objectives B. Responsibilities POLICIES 1 C. Maintaining Proper Fleet Size 4 D. Buying New Versus Used 5 E. Alternative -Fuel Units 6 F. Age and Mileage Targets Before Replacement 7 G. Equipping and Marking Newly- Acquired Units 9 PROCEDURES Budgeting H. Budgeting for Vehicles or Equipment Purchasing 10 I. Buying New Units Through a Cooperative Purchasing Contract 11 J. Buying New Vehicles or Equipment Through an Invitation for Bids 12 K. Buying Used Vehicles 13 Surplus Vehicles and Equipment L. Disposing of Surplus Vehicles and Equipment 14 Section 405 -A: Overview PURPOSE AND OBJECTIVES 1. Purpose The City's fleet represents a significant investment in the tools needed to deliver day -to- day services. This section of the Financial Management Manual outlines responsibilities, policies, and procedures for managing the City's fleet according to established objectives. 2. Objectives a. Minimize fleet operation and maintenance costs. Typically, operation and maintenance costs increase as vehicles and equipment get older and accumulate more miles. b. Avoid unnecessary capital outlays for fleet expansion and replacement. Expanding the fleet or replacing an existing unit may not make sense if the unit is used only sparingly. C. Improve fleet safety, utility, reliability and economy. Newer vehicles usually incorporate more advanced technology such as airbags, anti -lock braking systems, and engines that burn cleaner, last longer, and use less fuel. New equipment usually incorporates technology that improves the productivity and safety of equipment operators. Also, newer units are naturally more reliable. d. Maintain a positive image for the City. Operating older vehicles and equipment can sometimes indicate cost - consciousness, but if the units are unsightly or noisy it can reflect lack of care and concern. Also, stylish features with marginal utility may project an inappropriate image of luxury or extravagance. e. Encourage responsible use of City vehicles and equipment. Conscientious use of City vehicles and equipment can improve safety and reduce liability. 405 -1 Section 405 -13: Overview RESPONSIBILITIES 1. City Administrative Officer Responsibilities a. Oversee the acquisition, operation, and disposal of all City owned and leased vehicles and equipment. b. Amend fleet management policies and procedures as required to accomplish adopted fleet management objectives. 2. Department Head Responsibilities a. Ensure fleet management policies and procedures are followed. b. Budget for fleet replacements and additions. 3. Fire Fleet Coordinator Responsibilities a. Manage the acquisition and disposal of all units assigned to the Fire Fleet. The Fire Fleet includes all vehicles specially designed and equipped for fire, medical, and other emergency response. Because these vehicles require unique service and repair capability, the Fire Fleet is kept separate from other City units. b. Service and repair all units assigned to the Fire Fleet. C. Manage inventories of the fuel, oil, tires and replacement parts needed for all units assigned to the Fire Fleet. d. Document the maintenance history and cost, the fuel use, and the accumulated mileage (or hours) for each unit assigned to the Fire Fleet. e. Identify units to be disposed of. 4. Transit Fleet Coordinator Responsibilities a. Manage the acquisition and disposal of all units assigned to the Transit Fleet. The Transit Fleet includes buses and service vehicles used by the City's transit service contractor. Because such contractors prefer to service and repair the vehicles they operate, the Transit Fleet is kept separate from other City units. b. Oversee the maintenance and operation of the Transit Fleet that are performed by the transit service contractor. C. Identify units to be disposed of. 5. General Fleet Coordinator Responsibilities a. Manage the acquisition and disposal of all units not assigned to the Fire or Transit Fleet. b. Service and repair all units not assigned to the Fire or Transit Fleet. 405 -2 0 0 Fleet Management — Responsibilities C. Manage inventories of the fuel, oil, tires, and replacement parts needed for all units not assigned to the Fire or Transit Fleet. d. Document the maintenance history and cost, the fuel use, and the accumulated mileage (or hours) for each unit not assigned.to the Fire or Transit Fleet. e. Identify units items to be disposed of. 6. Vehicle and Equipment Operator Responsibilities a. Exercise good judgment. b. Consult a supervisor or the fleet coordinator if any operator responsibilities are not clear. C. Use City units only for conducting City business unless 1) a vehicle has been approved as a part of compensation or 2) personal use of a vehicle has been specifically approved by the City Administrative Officer. d. Arrange for emergency repairs whenever consulting with the fleet coordinator would be impractical. Pay for emergency repairs by either using a City credit card or paying for the repair and submitting receipts for reimbursement. e. Wash and vacuum units periodically to maintain appearance and prevent premature deterioration of surfaces and materials. Use City -owned washing facilities if available. If City -owned washing facilities are not available, use a commercial car wash. Use commercial waxing and detailing services only with prior approval of the fleet coordinator. f. Pay for any parking fees and tolls required while on City business. Submit receipts for reimbursement. g. Pay any traffic and parking fines incurred. These payments are not reimbursable. h. Carry a valid California driver license. i. Obey all traffic laws. j. Drive defensively. k. Use turn signals. Use seat belts and ensure all occupants the use seat belts. m. In case of accident, follow instructions included in the accident folder. 405 -3 Section 405 -C: Policies MAINTAINING PROPER FLEET SIZE \ i 1. The number of units in the fleet should not exceed the minimum number of units needed to effectively conduct City business. 2. When budgeting for fleet replacements of , average annual mileage or hours should be calculated for each unit to be replaced. If average annual use appears to be much lower than the average annual use within the same vehicle or equipment category, the following options should be considered instead of replacement: a. Using a vehicle assigned to a convenient vehicle pool b. Occasionally borrowing equipment from another program C. Renting a vehicle or equipment item for a limited period of time with City Administrative Officer approval d. Reimbursing an employee for occasional use of a privately -owned personal vehicle with department head approval Occasional use of a privately -owned personal vehicle for City business should be the Last option considered, because it conflicts with City policies encouraging City employees to use alternative transportation for commuting. 3. When use of a privately -owned personal vehicle is authorized for City business, reimbursement will be made at the current Internal Revenue Service rate allowed for business use of vehicles. Consistent with the IRS calculation of this rate, the per mile reimbursement rate will reflect all costs associated with operating a vehicle, including, but not limited to, depreciation, lease payments, maintenance, repairs, fuel, oil, insurance, and vehicle registration fees. 4. Replacement of units will not be used as a strategy to expand the fleet. When a unit is replaced, it will expeditiously be declared surplus and be disposed of, unless a) it is assigned to backup service according to adopted allowances for such assignment or b) the City Administrative Officer approves temporary retention and use not to exceed 180 days. 5. Section 906 of the City Charter requires City Council approval for sale of City personal property with a value greater than one hundred dollars. To efficiently implement this provision, the Director of Finance & Information Technology will be authorized to a) declare replaced units as surplus whenever the Council has previously approved replacement through the budget process or other Council action and b) dispose of surplus units by sale, auction, trade -in, or other disposal method according to City policies and procedures. 405 -4 Section 405 -1): Policies BUYING NEW VERSUS USED O 1. To ensure reliability and value, the City should generally purchase new vehicles and equipment when replacements are needed. 2. Exception. One standing exception to this policy will be that the City will purchase used general- purpose police sedans. Police Department has found that it needs general - purpose sedans that: a. Are not typically specified for government fleet use and have modest exterior trim levels so the sedans do not stand out as stripped -down government vehicles. This is important because these cars are often pressed into service for detective or undercover work. b. Have large interior capacities with plenty of seat width and legroom in the rear. This is important because these cars must occasionally respond to emergencies carrying four fully equipped patrol officers. C. Have comfort features like electrically powered, fully adjustable driver seats, tilt steering wheels, and cruise control. This is important because these cars are often driven long distances out of town for training and investigation activities. To meet these three criteria and keep replacement budgets reasonable, the City should buy used vehicles to replace general- purpose police sedans. This procedure is common practice in California cities when replacing similar police vehicles. URN C' O Section 405 -E: Policies ALTERNATIVE -FUEL UNITS 1. The City should incorporate alternative -fuel units into its fleets when such units: a. Will produce less air pollution and use less fossil fuel than comparable conventional -fuel units. b. Will not compromise fleet safety, utility and reliability. C. Can be fueled or recharged locally. d. Can be serviced economically and locally. e. Have an acquisition cost that is less than 120 percent of the cost of comparable conventional -fuel units. f. Have a projected maintenance cost that is less than 120 percent of the cost of comparable conventional -fuel units. 2. Age and mileage targets before replacement will not apply to alternative -fuel units. 405 -6 0 Section 405 -F: Policies AGE AND MILEAGE TARGETS BEFORE REPLACEMENT 1. The following table shows the age and mileage expected from City units in front -line operation before replacement or assignment to backup service: 2. For units bought used, the age and mileage targets apply to age and mileage since new, rather than age and mileage since acquired by the City. 3. Age and mileage standards will be periodically reviewed and may be adjusted because of improvements in technology or maintenance practices. 4. In order to maintain the high level of reliability required for front -line emergency response vehicles, police patrol units should be replaced when they reach their mileage targets. For the same reason, fire safety units should be replaced when they reach their age targets. :i6's Years Allowed in Age Backup Vehicle or Winent Category in Years Mil a Service Police Patrol Vehicles - -- 80,000 - -- Police Patrol Motorcycles - -- 25,000 - -- Fire Pumper Trucks 16 - -- 4 Fire Aerial.Ladder Trucks 20 - -- 4 Other Fire Trucks 10 - -- - -- Police Sedans 7 80,000 - -- All Other Sedans 10 80,000 - -- Station wagons 10 80,000 -- Passenger Vans 10 80,000 - -- Utility Vehicles 11 90,000 - -- Pickup Trucks (under 1 ton) 11 90,000 - -- Light Trucks (under 1 ton) 12 100,000 - -- Medium Trucks (1 to 2 tons) 12 60,000 - -- Heavy Trucks (over 2 tons) 12 60,000 - -- Utility Scooters 6 30,000 - -- Street Sweepers 5 60,000 5 Vacuum Flusher Trucks 8 60,000 --- Trailers 18 - -- - -- Construction Equipment 17 - -- - -- Buses 12 - -- - -- Mowers 15 — - Boats 21 - -- - -- Other Portable Equipment 15 - -- I - -- 2. For units bought used, the age and mileage targets apply to age and mileage since new, rather than age and mileage since acquired by the City. 3. Age and mileage standards will be periodically reviewed and may be adjusted because of improvements in technology or maintenance practices. 4. In order to maintain the high level of reliability required for front -line emergency response vehicles, police patrol units should be replaced when they reach their mileage targets. For the same reason, fire safety units should be replaced when they reach their age targets. :i6's 5. For non - safety units, the age and mileage targets are only guidelines. Units in exceptional condition with low -cost repair histories may continue in service beyond expected age and mileage targets at the discretion of the fleet coordinator.- On the other hand, units may be recommended for replacement before expected age and mileage targets are reached if there are problems with irreparable damage, high maintenance cost, unreliability, unsafe components, or technological obsolescence. 405 -8 C) 0 Section 405 -G: Policies EQUIPPING AND MARKING NEWLY- ACQUIRED UNITS 1. Unless it is impractical or unsafe, the fleet coordinator will equip each unit with the following articles: a. First aid kit b. Fire extinguisher C. Flares d. Flashlight e. Blanket f. Litter bag g. Vehicle registration forms h. Proof of insurance 2. Accident folder that includes an incident report form, an information exchange card, and witness information cards 3. General - purpose sedans, station wagons and passenger vans do not require any special markings. However, these vehicles must be identified as belonging to the City of San Luis Obispo through such means as a license plate holder or window decal. 4. Utility vehicles, pickup trucks and, special purpose units will be marked with the current standard City logo and logo colors on each side and the City identification number on the tailgate or other conspicuous area. 5. Police patrol vehicles and patrol motorcycles will be marked so that they will be immediately recognizable as City public safety vehicles. Patrol vehicles will be painted base white and will have markings that include the standard City logo in black and gold on the left and right front doors and a black stripe on each side. 6. Emergency response units in the Fire Fleet will be painted base red and marked with a City logo, "City of San Luis Obispo Fire Department ", and a white stripe on each side. Other Fire Fleet units will be painted base white with a red stripe and identified as "City of San Luis Obispo Fire Department ". General- purpose sedans in the Fire Fleet will be marked as described in paragraph 3. 7. Transit Fleet vehicles will be marked with a distinctive striping scheme that includes the term "SLO Transit ". Any changes to Transit Fleet markings should be recommended by the Mass Transportation Committee and approved by the City Council. 8. The City Administrative Officer must approve any deviations from the provisions of paragraphs 3 through 6 and any additional special markings on any units. 405 -9 �i C Section 405 -H: Procedures BUDGETING FOR FLEET ADDITIONS AND REPLACEMENTS 1. To Budget for Fleet Additions a. Prepare a Capital Improvement Plan project request for each unit to be added. Group similar units within one operating program into a single request. The City's budget policies will apply to all such requests. 2. To Budget for Fleet Replacements a. Examine units that are near or beyond age and mileage targets. Recommend replacement if justified by maintenance history, overall condition, value, and obsolescence. b. Prepare a Capital Improvement Plan project request for each unit to be replaced. Group similar units within one operating program into a single request. Include the following minimum information for each unit to be replaced: • City identification number (e.g., 9405) • Model year (e.g., 1995), make (e.g., Ford), and model (e.g., F -350) • Description (e.g., one -ton truck) • Assigned department (e.g., Public Works) • Assigned program (e.g., Signal and Light Maintenance) • Acquisition year (e.g., 1994 -95) • Acquisition price • Recommended replacement year (e.g., 2000 -01) • Estimated total replacement price (including the price of additional equipment such as radios and installation for new or transferred equipment) • Itemization of total replacement price (including base price, price of special equipment, price of special equipment installation, and five percent price contingency) • Estimated surplus value • Basis of estimated surplus value (e.g., blue book, previous auction proceeds) • Current odometer or hourmeter reading • Projected odometer or hourmeter reading at replacement • Maintenance cost since acquisition • Maintenance cost in the last full fiscal year • Justification for replacement before age or mileage targets • Justification for replacement with other than a like unit 405 -10 C� • Section 405 -I: Procedures BUYING NEW UNITS Through a Cooperative Purchasing Contract Note: Sedans, trucks, utility vehicles, and some construction equipment should generally be acquired new through State of California Multiple Award Schedule (CMAS) contracts. Construction equipment may sometimes be acquired new through "piggyback "purchases, where other local agencies have conducted competitive procurements and made those contracts available to the City. 1. Obtain a copy of the purchasing contract that extends contract prices to other government agencies. 2. Ensure that the specified unit along with options is appropriate for the intended use. 3. Solicit a few informal oral quotations from other dealers to ensure that the contract price is competitive. 4. Include only those options needed to meet work requirements and typical comfort needs. Avoid options like fancy wheels or leather upholstery that might be perceived as luxurious or extravagant, even if there is no difference in price compared to ordinary options. 5. Specify the exterior paint color to be white.. Specify another color (preferably solid and non - metallic) if it will demonstrably improve safety, enhance utility, or reduce cost. 6. Prepare a purchase order to the contract dealer. Depending on the cost, submit a Council Agenda Report or CAO Report requesting approval of the purchase order. 7. Receive the unit and examine it for defects and conformance to specifications. If satisfactory, mark the dealer's invoice "okay to pay ", initial it, and forward it to Accounting with a copy of the purchase order. Note: CMAS contracts often include substantial cash discounts for payment within a stated period of time. For this reason, invoices should be processed promptly to earn such discounts. 8. Forward any title documents to Accounting. 9. Pay any State of California CMAS invoices and charge the appropriate project account. The State assesses a nominal service charge — typically one percent of the base price — for CMAS procurements. Invoices for these service charges usually arrive two or three months after the procurement. 405 -11 I� O Section 405-J: Procedures BUYING NEW UNITS Through an Invitation for Bids Note: Where appropriate vehicles and equipment are not available through cooperative purchasing contracts, they should be acquired new through invitations for bids. 1. Use the standard invitation for bids (IFB) template to create the specification. 2. In Section A (Description of Work), list the dimensions, capacities, ratings and options that will adequately describe the unit needed for the intended use. Avoid describing a unit available from only one manufacturer. 3. Include only those options needed to meet work requirements and typical comfort needs. Avoid options like fancy wheels or leather upholstery that might be perceived as luxurious or extravagant, even if there is no difference in price compared to ordinary options. 4. Specify the exterior paint color to be white. Specify another color (preferably solid and non - metallic) if it will demonstrably improve safety, enhance utility, or reduce cost. 5. If the unit will be picked up at the dealer or delivered by common carrier, eliminate insurance requirements from Section B (General Terms and Conditions) and eliminate Section E (insurance Requirements) from the specification. 6. Eliminate the contract requirements from Section B (General Terms and Conditions). Eliminate Section D (Form of Agreement) from the specification. 7. In Section C (Special Terms and Conditions), change language about awarding a contract to language about issuing a purchase order. 8. Depending on estimated cost, submit a CAO Report or Council Agenda Report requesting authorization to invite bids. If a Council Agenda Report is submitted, request that the City Administrative Officer be authorized to award a purchase order if the cost is within budget. 9. Advertise forbids. 10. Open bids. 11. Prepare a purchase order to the successful bidder. Submit a CAO Report requesting approval of the purchase order. 12. Forward the purchase order to Accounting. 13. Receive the unit and examine it for defects and conformance to specifications. If satisfactory, mark the dealer's invoice "okay to pay ", initial it, and forward it to Accounting with a copy of the purchase order. 14. Forward any title documents to Accounting. 405 -12 r7 Section 405 -K: Procedures BUYING USED VEHICLES Note: Although the City's past policy has been to buy used vehicles through dealers who sell used rental vehicles for major rental companies, there have been two disadvantages with using this procedure: l) prices have tended to be at the high end of the retail range, above what is commonly referred to as "high blue book" value and 2) long -term reliability has been dubious because of the effects of multiple drivers and hard rental service. To avoid these problems and, particularly, to find vehicles in excellent overall condition with relatively low mileage and reasonable prices, the City should use local auto brokers to fund suitable vehicles at auction. This approach avoids high dealer markups and allows purchases of vehicles from leased corporate fleets. Such vehicles are usually in better shape than rental vehicles because they have typically had only one driver and have been subject to strict lease conditions regarding condition and mileage at the end of the lease. 1. Depending on estimated cost, submit a CAO Report or Council Agenda Report requesting authorization to buy a used vehicle. 2. Search for a vehicle through brokers who buy and sell vehicles that have been returned after leases on them have expired. 3. Select a late model, low mileage vehicle that appears to be in excellent overall condition. Consider only vehicles with options needed to meet work requirements and typical comfort needs. Avoid vehicles with options like fancy wheels or leather upholstery that might be perceived as luxurious or extravagant, even if there is no difference in price compared to ordinary options. 4. Perform a technical inspection to confirm the vehicle is in excellent condition. 5. Negotiate a purchase price; including an extended warranty as appropriate, to be included in a written buyers order from the dealer. 6. Prepare a payment voucher and submit a CAO Report for approval. 7. Forward the payment voucher to Accounting. 8. Receive the vehicle and examine it for defects and conformance to the buyers order. If satisfactory, pick up the check from Accounting and pay the broker. 9. Forward any title documents to Accounting. 405 -13 C> Section 405 -L: Procedures DISPOSING OF SURPLUS UNITS O 1. When a unit is replaced or otherwise permanently removed from service, report to Accounting that it is surplus and available for sale. 2. Include in each such report the following information for each unit reported: • City identification number (e.g., 8901) • Vehicle identification number (VIN) • License number • Model year (e.g., 1995), make (e.g., Ford), and model (e.g., F -350) • Description (e.g., one -ton truck) • Assigned department (e.g., Public Works) • Assigned program (e.g., Signal and Light Maintenance) • Acquisition year (e.g., 1994 -95) • Estimated surplus value • Basis of estimated surplus value (e.g., blue book, previous auction proceeds) • Current odometer or hourmeter reading • Justification for replacement • Current location • Authorization to surplus (e.g., budget document that authorized replacement or other Council authorization to replace or dispose of the unit) 405 -14 • RESOLUTION NO. 9504 (2003 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A LOT LINE ADJUSTMENT WITH EXCEPTIONS TO THE LOT AREA, WIDTH AND DEPTH REQUIREMENTS FOR PROPERTY LOCATED AT 1530 AND 1570 PENNY LANE, (LLA 113 -03). WHEREAS, the City Council conducted a public hearing on November 18, 2003, and has considered testimony of the applicant, interested parties and the evaluation and recommendation of staff; and WHEREAS, the City Council finds that the proposed lot line adjustment and minor subdivision exceptions are consistent with the Zoning and Building Regulations, and other applicable City ordinances; and WHEREAS, the City Council finds that the lot line adjustment is categorically exempt as provided for by California Environmental Quality Act Guidelines, Section 15305 Minor Alterations in Land Use Limitations. BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration of the proposed project (LLA 113 -03), the applicant's statement, staff recommendations and reports thereof, makes the following findings: 1. The lot line adjustment will not increase the number of parcels and complies with Section 66412(d) of the Subdivision Map Act and the City's Subdivision Regulations. 2. The proposed lot line adjustment is categorically exempt from environmental review, pursuant to Section 15305 of the CEQA Guidelines. 3. The property to be divided is of such size or shape, or is affected by such topographic conditions, that it is impossible, impractical or undesirable, in this particular case, to conform to the strict application of the regulations codified in Title 16 of the Municipal Code (Subdivision Regulations), because the shape of the site is constrained by the angle of the railroad right -of -way in relation to Penny Lane and severe topographic conditions exists on portions of the site limiting feasible alternatives for improvements. R95-0q C Resolution No. 9504 (2003 Series) Page 2 4. The cost to the subdivider of strict or literal compliance with the regulations is not the sole reason for granting the modification because the adjustment will improve the existing nonconforming situation at 1570 Penny Lane, making it more suitable for residential development, without creating any new nonconforming situations at 1530 Penny Lane. 5. The modification will not be detrimental to the public health, safety and welfare, or be injurious to other properties in the vicinity since the resulting parcels are consistent with the lot area and dimensions of other properties in the immediate vicinity. 6. Granting the modification is in accord with the intent and purposes of these regulations, and is consistent with the general plan and with all applicable specific plans or other plans of the City because the proposed lot design will minimize conflicts between adjacent properties and is designed to help support a desirable living environment on the site. SECTION 2. Approval. The request for approval of the Lot Line Adjustment (LLA 113- 03) with exceptions to the Subdivision Regulations for lot area, width and depth, is hereby approved subject to the following conditions and code requirement. Conditions: 1. All future development on the affected properties shall comply with the provisions of the Zoning Regulations, including building setbacks, lot coverage and parking. 2. The lot line adjustment shall be finalized with either a parcel map or a lot line adjustment agreement. If the agreement is pursued, the applicant shall submit a "Declaration of Lot Line Adjustment ", along with the recording and processing fees, and an 8' /s" x 11" map exhibit suitable for recording, to the Public Works Director for review, approval and recordation, based on samples available in the Community Development Department.. 3. Provide a separate exhibit documenting zoning and building code compliance to the satisfaction of the Community Development Department prior to recordation of the LLA. 4. A separate exhibit showing all existing public and private utilities shall be approved to the satisfaction of Community Development Director and Public Works Director prior to recordation of the LLA. The utility plan shall include water, sewer, storm drains, gas, electricity, telephone, cable TV, and any utility company meters for each parcel if applicable. Any utility relocations shall be completed with proper permits prior to recordation of the LLA. Otherwise, easements shall be prepared and recorded to the satisfaction of the Community Development Director, Public Works Director and serving utility companies. Resolution No. 9504 (2003 Series) Page 3 Code Requirement: 1. 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. On motion of Council Member Settle, seconded by Vice Mayor Mulholland, and on the following roll call vote: AYES: Council Members Ewan, Schwartz and Settle, Vice Mayor Mulholland and Mayor Romero NOES: None ABSENT: None The foregoing resolution was passed and adopted this 18`s day of November, 2003. Lee Price, C.M.C. City..Clerk APPROVED AS TO FORM: Jonath n P. Lowell City Attorney Mayor David F. Romero L �� /U'1'lGG'iw��fvLL �J 9d *Q 1 I i RESOLUTION NO. 9503 (2003 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL FOR APPROVAL OF A USE PERMIT FOR 140,000 SQUARE FOOT WAREHOUSE STORE AND A FUELING CENTER AT 1540 FROOM RANCH WAY APPLICATION # 173 -00 WHEREAS, the City Council 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 November 4th, 2003, for the purpose of considering Application U 173-00, a Planning Commission Use Permit to: 1. Allow a 140,000 square foot Warehouse store; and 2. Allow the establishment of a three - island fuel station. 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 Project's Final EIR which includes 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 and the Planning Commission, 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 City Council makes the following findings: 1. The EIR adequately addresses the proposed project, and can be used in taking a final action on all aspects of the project, including the use permit. 2. The use of the property for a large scale, regional serving retail store is consistent with the General Plan, which identifies this vicinity as appropriate for such development. 3. The proposed use is appropriate at the proposed location and will be compatible with surrounding uses with implementation of the conditions of approval and the mitigation measures contained in the EIR. 4. The scale of the building is compatible with existing uses in the area and maintains the appropriate relationships with surrounding buildings and the adjacent residential area. 5. The proposed use will serve the community, in whole or in significant part, and the nature of the use requires a larger size in order to function. The proposed use has the potential to attract a regional demand, therefore resulting in a potential increase R 9503 0 Resolution No. 9503 (2003 Series) Page 2 of local restaurant, entertainment and even other retail uses. The nature of a Costco Warehouse store is that it works as several retail shops under one roof, the tremendous variety and the warehouse -like style contributes to the necessity of the excessive size. 6. The building in which the use is to be located is designed in discrete - elements that respect the scale of development in the surrounding area. 7. The new building is designed in compliance with the City's Design Guidelines for Large -Scale Retail Projects. 8. A warehouse store with a fueling station does not constitute a service station under section 5.36.020 and is consequently not subject to the prohibition of concurrent alcohol and fuel sales because: a. In 1982, when the predecessor provision to section 5.36.020 was adopted by the City Council, warehouse stores were not contemplated, as Costco was not yet in existence and Price Club in San Diego was only a few years old. b. In 1988, when the predecessor provision to section 5.36.020 was affirmed by the City Council, while warehouse stores were known, the inclusion of fueling stations at warehouse stores was not contemplated ( Costco, founded in 1983, added its first fueling station in 1996). c. In adopting the predecessor provision to section 5.36.020 in 1982, and in affirming that provision in 1988, the City Council was concerned with drinking and driving, increased potential for robberies from gas stations selling alcoholic beverages, conflicts between cars and pedestrians, and visual blight. d. The proposed project is similar to a gas station being located adjacent to a supermarket that sells alcoholic beverages. One significant difference between the two situations is that the proposed project would occur on a single parcel while a gas station and an adjacent supermarket are on two separate parcels. e. The proposed project is very different from a gas station with a retail component in that: 1. there is a separation of 480' between the fueling station and the entrance to the retail store where alcohol can be purchased; 2. fuel and retail items must be paid for separately and at different locations; 3. one must park one's car to purchase retail items, one cannot shop while one's car is being fueled; 4. alcohol is sold unrefrigerated and in large containers or quantities not convenient for immediate consumption; 5. fuel and other items can only be purchased by members of the club and sales to the general public are not allowed. f. On October 7, 2003, in response to concerns raised by gas station operators that the prohibition on fuel and alcohol sales is unfair to them in light of the proposed Costco application and is not in compliance with state law, the City Council directed staff to prepare amendments to the City's zoning regulations that Resolution No. 9503 (2003 Series) Page 3 comport with state law. The proposed draft amendments are expected to be presented to the City Council within the next couple of months. g. The proposed project will provide retail services not presently available in San Luis Obispo. h. The proposed project will provide tax revenues to the City. i. The proposed project will fulfill the General Plan expectation for this particular site. j. This project will assist in the implementation of necessary traffic improvements along the Los Osos Valley Road/101 Corridor. 9. City Council finds that interpreting section 5.36.020 to apply to a warehouse store with a fueling station would lead to absurd consequences because of Finding No. 8 above. 10. City Council finds that interpreting section 5.36.020 to apply to a warehouse store with a fueling station will not further the purpose of the ordinance and will not meet changing conditions such as the development of warehouse stores with fueling stations. SECTION 2. Approval. The City Council does hereby approve application U 173 -00, subject to the following conditions and code requirements: 1. All mitigation measures contained in the Final EIR shall be included as conditions of approval, and are incorporated herein by reference. 2. The Development of the Costoo site shall be subject to review by the Architectural Review Commission for consistency with the City's design Guidelines for Large - Scale Retail Projects including compliance with the City Sign Regulations. 3. Tree species will be selected to insure that the eventual height will intermittently break the plane of the roofline. Tree clusters shall follow the slope of the Irish Hills to the south side of the building and be added to the landscaping of the parking area. 4. Pedestrian access to the Costoo property shall be linked with De Vaul Ranch Drive, subject to coordination with the City and adjacent property owners. 5. The project applicant 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 project, and all actions relating thereto, including but not limited to environmental review. Code Requirements: Note: The following code requirements are included for information purposes only. They serve to give the applicant a general idea of other City requirements that will apply to the project. This is not intended to be an exhaustive list as other requirements may Resolution No. 9503 (2003 Series) Page 4 be identified during the plan check process. Additionally these code requirements were formulated prior to release of the project final E/R. The final E!R supercedes the code requirements where a conflict occurs. Public Works 1. All conditions and requirements of Parcel Map SLO 00 -041 per City Council Resolution #9061 (2000 Series) that were deferred to development shall be considered as included as conditions of approval for this development as applicable. 2. Any outstanding conditional approval items from Parcel Map SLO 00 -041 that required performance of said item prior to occupancy shall be noted on the building plans as needing to be completed prior to occupancy. 3. Drainage calculations shall be submitted for review and approval to the satisfaction of the Public Works Director and Building Official. 4. Any off -site easements for grading, drainage, slope banks, access, utilities, etc. shall be recorded prior to building permit issuance. 5. Proposed detention basin grading outside the city limits shall be approved to the satisfaction of the County Building and Planning Department prior to the issuance of any city permits that show or require the off -site grading. 6. The building plans shall include a complete grading, drainage, and erosion control plan. 7. EPA Requirement: General Construction Activity Storm Water Permits are required for all storm water discharges associated with a construction activity where clearing, grading and excavation result in land disturbance of five or more acres. Storm water discharges of less than five acres, but which is part of a larger common plan of development or sale, also requires a permit. Permits are required until the construction is complete. To be covered by a General Construction Activity Permit, the owner(s) of land where construction activity occurs must submit a completed "Notice of Intent' (NOI) form, with the appropriate fee, to the State Water Board. 8. Driveway improvements, pavement, utilities, pedestrian walkway and bikeway improvements, etc., along the proposed northeasterly property line shall be constructed to accommodate a possible future public street, as provided for as a condition of the parcel map, to the satisfaction of the Public Works Director. 9. Traffic impact fees shall be paid prior to the issuance of a building permit. Traffic impact fees are applicable to both the retail store and the gas station. Gas station impact fees shall be based on the final approved plans and APCD permit approvals for the number of nozzles (dispensers). Resolution No. 9503 (2003 Series) Page 5 10. Truck routes for grading import and /or exports and material deliveries shall be established for northerly and southerly destinations in accordance with the circulation element and shall be noted on the building/grading plans. 11. The building plans shall be consistent with the recorded map and improvement plans for street naming, public and private easements, utilities, streets, and dedications. Utilities 12. A water allocation is required, due to the additional demand on the City's water supplies. The City currently has water to allocate, and does so on a "first -come, first - served" basis. Water is allocated at the time building permits are issued and the Water Impact Fee is paid. Both the Water and the Wastewater Impact Fees are based on the size of the water meter(s) serving the development. 13. Appropriate backflow prevention will be necessary on any connection to the City water system if the property includes an active well. All backflow preventers shall be approved by the University of Southern California Foundation for Cross - Connection Control and Hydraulic Research. The project shall be coordinated with the County Cross - Connection Inspector, Henry Ruiz, who can be reached at 781 -5567. 14. Due to the proposed gasoline station at the site, industrial wastetwastewater pretreatment requirements may apply. The project shall be coordinated with the City's Industrial Waste Coordinator for specific requirements. 15. A separate connection to the public water main 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. A monthly service fee of $22.40 shall be required if the property does not have a connection to the City system for domestic use. 16. 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. U Resolution No. 9503 (2003 Series) Page 6 17. The irrigation systems for common areas, parks, detention basins, and other large landscape areas shalt be designed and constructed in accordance with the standards for reclaimed water use. An appropriately sized reclaimed water main shall be constructed from the proposed alignment of the City's reclaimed water distribution system in Los Osos Valley Road to the end of Froom Ranch Drive, to serve as a public reclaimed water main. If reclaimed water is not yet available, the on -site system shall be designed and constructed to reclaimed water standards, and temporarily connected to the City's potable water system in the area of the anticipated connection to the public reclaimed water distribution system. Appropriate backttow protection shall be installed with this connection to the satisfaction of the County Cross Connection Inspector, Henry Ruiz, who can be reached at 781 -5567. 18. One tree required per 35 lineal feet of street frontage or any part thereof. Trees are to be 15 gal. size and planted to city specifications. Choose a species from the Master Street Tree list. Fire 19. Code Requirement: Access shall be in accordance with Article 9 of the California Fire Code. Access roads shall have an unobstructed width of not less than 20 feet. Access roads shall be designed and maintained to support the imposed loads of a 60,000 pound fire apparatus and shall be provided with a surface so as to provide all- weather driving capabilities. 20. Condition: Prior to combustible construction all- weather access shall be provided. All- weather access will include the first lift of asphalt. 21. Code Requirement: 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 determined using Appendix III -A of the California Fire Code. 22. Condition: Applicant shall provide a fire flow analysis verifying that adequate water is available for firefighting. Onsite water mains shall have an internal and external loop design. 23. Code Requirement: 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. 24. Condition: The location and distribution of fire hydrants shall be reviewed and approved prior to installation. tJ Resolution No. 9503 (2003 Series) Page 7 25. Code Requirement: Fire protection systems shall be in accordance with the California Fire Code and California Building Code as amended by the City. 26. Condition: Structures shall be provided with an approved and monitored fire sprinkler system (Service station canopy included). All fire protection equipment; valves and controls shall be located in a single location for rapid access and operation. Location of all such equipment shall be approved prior to installation. 27. Code Requirement: Buildings undergoing construction, alteration or demolition shall be in accordance with Article 87 of the California Fire Code. 28. Condition: 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. 29. Code Requirement: Automotive motor vehicle fuel- dispensing stations shall be in accordance with Article 52 and UFC Standard 52 -1. Such operations shall include both publicly accessible and private operations. Flammable and combustible liquids and LP-gas shall also be in accordance with Articles 79 and 82. 30. Condition: Portions of the proposed project shall comply with one or more of the CUPA program elements (i.e. UGT's and Business Plans). Transportation 31. Bicycle Parking: The applicant shall provide the amount of long- and short-term bicycle storage as called for by Section 17.16.060 of the City Zoning Regulations. a. Short-term bicycle storage (racks) shall comply with the design and location provisions of the adopted Bicycle Transportation Plan (reference Section IV.C, page 12). Consistent with these provisions, bike racks should be located close to and viewable form the building's main entrance. A location between the entry and the proposed tire sales outlet underneath the arbor appears to be an appropriate location. Alternatively, integrating the bike parking with the south end of the outdoor food service seating area might also be considered. (For additional guidance, applicant should refer to draft Community Design Guidelines recently acted on by the ARC.) b. Long -term bicycle storage shall be provided by installing fully enclosed lockers or reserving a dedicated lockable room within the structure for bike storage. c. The dimensioned location, type and orientation of all bicycle parking facilities and information that documents compliance with the above provisions shall be provided on the project plans considered by the ARC. 32. Connection to Adjoining Subdivision: The north end of the drive aisle (possible future public street) that separates the Costco building site from the nine -acre Resolution No. 9503 (2003 Series) Page 8 parcel fronting Los Osos Valley Road shall be designed to provide for pedestrian and bicycle access from the adjoining residential subdivision and street. 33. Pedestrian Connection: Provisions shall be incorporated into the site plans to provide for extension of a public pedestrian walkway between this project site and the adjacent residential neighborhood (Tract 2401), along the northwesterly boundary of the site (near the westerly comer of the site). 34. Truck Circulation: The project plans shall show the intended circulation route for delivery vehicles. The project's site plan shall be modified to achieve the following objectives: A. Establish a delivery vehicle circulation plan that avoids routing trucks along the parking lot aisle adjoining the residential subdivision. B. Consider securing a turn around area to the rear of the Home Depot building (on the "not a part" parcel) to achieve above objective. 35. Pedestrian Connection to Transit Stop and Improvements: Project plans shall dearly identify a raised pedestrian walkway that extends from the planned transit stop on Los Osos Valley Road to the main building entrance. Unless required of the adjoining Home Depot project, applicant shall install transit stop sign and shelter, to the approval of the City Transit Manager. 36. The Access Easement: The 30 -foot wide easement area shown adjoining the DeVaul tract should be limited to emergency access, drainage, and utilities. Public access should be precluded at this point. 37. An accessible path of travel shall be provided from all public rights -of -way to the proposed store. Provide a complete connection to the accessible pedestrian paths and from the access easement to be secured from Tract 2401. 38. The building plans shall show the extent of any proposed offsite improvements required for the connection to Tract 2401. Offsite improvements shall be coordinated with the approved Tract 2401 improvement plans to the satisfaction of the Public Works Director. 39. Show the gas station future island expansion on the landscape plans to the satisfaction of the Community Development Director. 40. The parking lot shall be designed in accordance with the parking and driveway standards. Complete parking lot plans have not been made available for review at this time. Striping, maneuverability, grading, drainage, traffic controls, pavement structural sections, and accessibility will be reviewed when complete plans have been provided and soils engineer recommendations are available for review. Resolution No. 9503 (2003 Series) Page 9 41. Engineered grading plans will be required per the adopted grading ordinance in effect at the time of building and/or grading permit application. The grading plans shall include the quantity of cut and fill required for this development. If cut and fill quantities are not balanced, the plans shall clarify the borrow and/or deposit areas as applicable. 42. An updated soils engineering report shall be provided for this development at the time of building permit application. SECTION 3. Effective Date. This resolution shall be effective upon the effective date of an ordinance: repealing existing Municipal Code section 5.36.020, amending the Zoning Regulations' definitions of "service station" and "warehouse store," and modifying Zoning Regulations section 17.08.040 regarding concurrent sales of motor fuel and alcoholic beverages. On motion of Council Member Ewan, seconded by Council Member Schwartz, and on the following roll call vote: AYES: Council Members Ewan and Schwartz and Mayor Romero NOES: Vice Mayor Mulholland ABSENT: Council Member Settle The foregoing resolution was passed and adopted this 4th day of November, 2003. A L Lee Pribe, C.M.C. City Clerk APPROVED AS TO FORM: Jon n P. Lowell City Attorney rr . : . O O V Y u m L E rr 7 7 a IS O E C 0 .y E tH e �o .a u m L 4 O C c L u A Arm i R b 0 d a a 4k Q tu a z T > m m Q � ° N .� >'m N 5 C C .n C cLO. O O O O d o y C •'�•' Q U C �.. 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U 0v cci E U EL U >p N i 4 d Q G Q W a. t « § 4 \ ) \cl k f ■ ■ 2 e � % ƒ q ■ /g a \ c � 0 t \ \ \ \ 7 % \ ` ! ! j 2 / / \ z $ ± % & \ q ` ; § ® § w § §\ v) ®f \ \ k ) 2 S `)} \ ® 0± ' -)o �0 } \7§ �f �2 $■k.` �) \ \Q /o \ 2 3 § .e /0 §\ f- ) \\ ;a§ -o,.. eq .2\ ri i 6 6 § ■J $0 !4§ § §§0 k %.§ i%{ 0 t \ \ \ \ 7 % \ CAD _ �, �Z�� �� ?vr�itLC.ai �i�C�c � �o�,� �,r/i -ems C C RESOLUTION NO. 9502 (2003 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL CERTIFYING THE FINAL EIR FOR PROPERTIES LOCATED AT 1540, 1500, and 1521 FROOM RANCH WAY (APPLICATION # ER 173 -00) 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 September 24, 2003, for the purpose of considering the Final EIR for the Costco Project and future development of adjacent parcels on Froom Ranch Way; and WHEREAS, said public hearing was for the purpose of formulating and forwarding a recommendation to the City Council of the City of San Luis Obispo regarding the Final EIR; and WHEREAS, the Planning Commission reviewed and considered the Project Final EIR and recommended certification of the EIR to the City Council; and WHEREAS, the City Council 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 November 4, 2003, for the purpose of considering the Final EIR for the Costco Project and future development of adjacent parcels on Froom Ranch Way; 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 and the Planning Commission, presented at said hearing. BE IT RESOLVED by the City Council and the City of San Luis Obispo as follows: SECTION 1. Findings. Based upon all the evidence, the Council makes the following findings: Findings 1. The Final EIR was prepared in compliance with the California Environmental Quality Act (CEQA) and was considered by the City prior to any approvals of the project. 2. The Final EIR reflects the independent judgment of the City. 3. For each significant effect identified in the EIR under the categories of Visual Resources, Air Quality, Cultural and Historic Resources, Geologic Hazards, Hazardous Materials, Drainage, Erosion and Sedimentation, Noise, Transportation, Public Services and Utilities, the approved mitigation measures contained in the EIR will avoid or substantially lessen the identified adverse environmental impacts of the project to a level of insignificance and have been incorporated into the project. R 9502 n 0 Resolution No. 9502 (2003 Series) Page 2 4. The significant effects identified in the Air Quality, and Drainage, Erosion and Sedimentation sections of the EIR will not be fully mitigated to a degree of insignificance with the incorporation of all of the identified mitigation measures included in the EIR. However, the City Council finds that the adverse environmental effects are acceptable and makes a statement of overriding considerations for those significant and unavoidable environmental impacts because: a. Mitigation strategies required for the Costco project component (alone) reduce the developments impacts to cumulative drainage to a less than significant level. Development of additional parcels will be required to have additional drainage accommodations based on the type of development proposed in the future. The unavoidable significant drainage impacts result from inadequate drainage beneath US 101 at the convergence of Froom Creek and San Luis Obispo Creek. Future road improvements that will widen the Los Osos Valley Road overpass at US 101 will include plans to increase the drainage capacity of the culverts beneath US 101 and will therefore reduce the potential for drainage impacts at this site in the future and; b. All projects of this size and scale are likely to produce significant temporary air quality impacts due to construction dust and construction vehicle emissions. Mitigation strategies help to reduce project emissions and ultimately put the air basin in closer compliance with established State and federal standards to the greatest extent possible with a development project of this scale. c. The proposed project is consistent with the General Plan for this specific location and the social and economic benefits of this project outweigh the adverse environmental impacts resulting from air quality and drainage. The addition of the store within City Limits will be a significant addition to the City's tax revenue while responding to a regional demand for goods and services that is currently found outside of the City. A regional center at this location will further contribute to the revenue base of surrounding businesses while customers utilize area restaurants and related goods and services. Furthermore, the new retail use will add more than 200 jobs to the City while providing a greater variety of commercial goods and services within the City. SECTION 2. Certification. The City Council does hereby certify the Final EIR for the project with the following changes: 1. Delete Air Quality Mitigation Measure 1 W in its entirety (AQ/MM- 11 -J). C1 C Resolution No. 9502 (2003 Series) Page 3 On motion of Council Member Ewan, seconded by Council Member Schwartz, and on the following roll call vote: AYES: Council Members Ewan and Schwartz and Mayor Romero NOES: Vice Mayor Mulholland ABSENT: Council Member Settle The foregoing resolution was passed and adopted this 4th day of November, 2003. ,— i ' wx' � Mayor David F. Romero ATTEST: Lee Price, C.M.C. City Clerk APPROVED AS TO FORM: Jonath . Lowell City Attorney Attached: EXHIBIT A Mitigation Measures V Q O O h 1 u 0 c E ti 7 9 .0 1% S E 7 c 3 a1°o E o E, � o R a E v. 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Q.p 000 U Q m ,G F. y b G Q O' O y rJ'• ' a IZ cJ :n S y C b w O C ' V y U. =i OI E"' C. •� O D U n~i N G (Va a) '� ti �' a s IC a oo G a rte' O v >' E G 0 7 j E. °_ p E a .. m c oo c 0 0 0 0 Fj L c� •E aD A C C .�.o eci y� y, C C C O m C a rj C U c o co bl) o _ p 0= a W O c� 11 a p O o x g 'a o U.E O o m c G C 'J U w 0 f/U]-0 Eoo^o'r?y b 6.p EoU 7 aa)b E:?Eya =a0o° C Y '[� O G Y G V .O N CS E�.—o IJi Ea,Ea�o> aF�p>yEU.E�E 0- 0_= 4 d a 4 N i J z \ ) 9 . § § � § & ) § I 2 � �] ƒ k % W � � � � ) \ / ) k \ 7 / i \ � \ \ \ \ ( E E � fa ( ]( §) �) %a ■f k\ )\ /ƒ ) 2 §2 } 0 / Q \ ) E \ ) ±] � k\aj c-4 \\ �0 \)\ 2)k} )® . � \2/ cc \)\ 3 �k\ (§)k } B(\ \0 � � ) \ / ) k \ 7 / i cn �. ��_� �� • V vj� �yy�yv.c.PJ �,t�- C RESOLUTION NO. 9501(2003 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN EXPENDITURE OF 2003/04 LOCAL LAW ENFORCEMENT GRANT FUNDS AND APPROVING A CITY MATCH FROM THE GENERAL FUND WHEREAS, the Federal Omnibus Appropriations Act, Public Law 104208, provides funds for implementation of the Local Law Enforcement Block Grants Program to be administered by the Bureau of Justice Assistance (BJA), U.S. Department of Justice; and WHEREAS, based on population, the City of San Luis Obispo is eligible to apply for the amount of $21,232 from the Local Law Enforcement Block Grants Program; and WHEREAS, as part of the application process, an advisory board was established to review the funding recommendations, and has provided non - binding counsel for the use of funds by the City of San Luis Obispo; and WHEREAS, a public hearing was held on November 4, 2003, to receive public input on the recommended 2003 /04 Local Law Enforcement Block Grant expenditure plan; BE IT RESOLVED, that the City Council of the City of San Luis Obispo approves the expenditure of $21,232 of Local Law Enforcement Block Grant funds for equipment and training to enhance public safety services and approves the appropriation of required matching funds in the amount of $2,359 from the General Fund, and designates the Police Administrative Analyst as the grant Program Contact authorized to actually complete the Local Law Enforcement Block Grant on -line grant reports and processes to meet grant requirements and authorizes the Chief of Police to execute all grant related documents. 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 4`h day of November, 2003. R 9501 n Resolution No. 9501 (2003 Series) Page 2 ATTEST: _ Lee Price, C.M.C. City Clerk APPROVED AS TO FORM: Jonath well City Attorney W Mayor David F. Romero RESOLUTION NO. 9500 (2003 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SUPPORTING A STATEWIDE BALLOT INITIATIVE TOREQUIRE VOTER APPROVAL BEFORE STATE GOVERNMENT MAY TAKE LOCAL TAX FUNDS WHEREAS, state government annually seizes over $800 million in city property tax funds (ERAF) statewide, costing cities over $6.9 billion in lost revenues over the past 12 years and seriously reducing resources available for local public safety and other services; and WHEREAS, in adopting the state budget this year the Legislature and Governor appropriated local vehicle license fee backfill and redevelopment property tax funds that are needed to finance critical city services such as public safety, parks; street. maintenance; housing and economic development; and WHEREAS, the deficit financing plan in the state budget depends on a local property and sales tax swap that leaves city services vulnerable if the state's economic condition fails to improve; and WHEREAS, the adopted state budget assumes an ongoing structural budget deficit of at least $8 billion, putting city resources and services at risk in future years to additional state revenue raids; and WHEREAS, the City of San Luis Obispo has implemented a number of actions to ensure local financial stability and these efforts are severely restricted by the fact that local revenues are continuously subject to State interference; and WHEREAS, it is clear that state leaders will likely continue to use local tax funds to balance the state budget unless the voters limit the power of the Legislature and Governor to do so; and WHEREAS, the voters of California are the best judges of whether local tax funds should be diverted, confiscated, shifted or otherwise taken to finance an ever - expanding state government; and WHEREAS, the General Assembly of Voting Delegates of the League of California Cities at its September 10, 2003 meeting voted to sponsor a statewide ballot initiative to empower the voters to limit the ability of state government to confiscate local tax funds to fund state government; and WHEREAS, the League has requested that cities offer support for a November 2004 ballot initiative that will allow voters to decide whether state government may appropriate local tax funds to fund state government operations and responsibilities. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the City hereby expresses its strong support for a statewide ballot initiative to allow voters to decide whether local tax funds may be taken, confiscated, shifted, diverted or otherwise used to fund state government operations and responsibilities; and RESOLVED FURTHER, that the City Council and staff are authorized to provide impartial informational materials on the initiative as may be lawfully provided by the city's representatives. No public funds shall be used to campaign for or against the initiative; and RESOLVED FURTHER, that the residents of the City are encouraged to become well informed on the initiative and its possible impacts on the critical local services on which they rely; and R 9500 0 o Resolution No. 9500 (2003 Series) Page 2 RESOLVED FURTHER, that the City Administrative Officer is hereby directed to send a copy of this initiative to the Executive Director of the League of California Cities. Upon motion of Council Member Ewan, seconded by Vice Mayor Mulholland, and on the following roll call vote: AYES: Council Members Ewan, Schwartz and Settle_ , Vice Mayor Mulholland and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 4`h day of November, 2003. City Clerk APPROVED AS TO FORM: Jona an P. Lowell, City Attorney W„ i David F. R- omero, Mayo - ��>�� 4 AO I i