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HomeMy WebLinkAbout9775-9799RESOLUTION NO. 9799 (2006 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE CITY'S MASTER FEE SCHEDULE FOR THE RECOVERY OF COSTS RELATED TO FIRE AND LIFE SAFETY INSPECTIONS OF ALL MULTI- DWELLING PROPERTIES CONTAINING THREE OR MORE DWELLING UNITS, SPECIFYING PROPERTY TYPES SUBJECT TO THE FEES AND AUTHORIZING COLLECTION OF FEES FOR 2006 -07 ON THE SECURED PROPERTY TAX ROLL WHEREAS, the City of San Luis Obispo is required by California Health & Safety Code Section 17921 annually to inspect multi - dwelling properties containing three or more dwelling units, including apartments, certain residential condominiums, hotels, motels, lodging houses and congregate residences; and WHEREAS, a typical fire and life safety inspection at these facilities includes, but is not limited to, checking fire alarm systems, fire sprinkler systems, fire extinguishers, common areas for fire hazards, exiting and fire access issues; and WHEREAS, California Health & Safety Code Section 13146 authorizes cities to charge property owners in recovering the reasonable costs of providing these annual inspections; and WHEREAS, it is the policy of the City of San Luis Obispo to review service charges on an ongoing basis and to adjust them as required to ensure that they remain adequate to achieve adopted cost recovery goals; and WHEREAS, in accordance with this policy the Council adopted Resolution No. 9130 (2001 Series) updating the master fee schedule; and WHEREAS, the Council considered amendments: to the master fee schedule at a public hearing on May 17, 2005 based on a detailed analysis of costs and funding requirements to meet adopted cost recovery goals, and ,adopted,.,Resolution No. 9684 (2005 Series) setting fees providing for cost recovery for state- man dated fire and life- safety inspections; and WHEREAS, on July 5, 2005, the Council adopted Resolution No.9706 (2005 Series) reducing the fees set on May 17, 2005 for sororities and fraternities and very low and low income households; and WHEREAS, both Resolution No. 9684 and Resolution No. 9706 erroneously referred to the recovery of costs for inspections of "multi- dwelling rental properties;" and WHEREAS, the reference to rental properties has created confusion among certain property owners as to the types of properties subject to inspection fees; and WHEREAS, it was and is the intent of the Council to authorize recovery of fire and life safety inspection costs for all properties subject to state mandated inspections, irrespective of rental status, as specifically set forth in "Exhibit A" hereto. R 9799 C Resolution No. 9799 (2006 Series) Page 2 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Resolution, including "Exhibit A" hereto, shall replace and supercede Resolution No. 9684 (2005 Series), including "Exhibit A" thereto, and Resolution 9706 (2005 Series), including "Exhibit A" thereto. SECTION 2. The City's master fee schedule is hereby amended by the addition of the multi - dwelling property fire and life safety inspection fees as set forth in "Exhibit A" attached hereto. SECTION 3. The effective date of the fees shall be July 5, 2005, consistent with Council's original adoption of Resolution No. 9684 (2005 Series), and as subsequently modified by Resolution No. 9706 (2005 Series). SECTION 4. As authorized in California Health & Safety Code Section 13146.2(b) and Municipal Code Section 3.50, these fees shall be collected on the secured property tax roll for fiscal year 2006 -07. A listing of fees by assessor's parcel number shall be provided to the County Auditor- Controller for collection on the 2006 -07 secured property tax roll in accordance with their schedule and data format requirements. Upon motion of Council Member Brown, seconded by Vice Mayor Settle, and on the following roll call vote: AYES: Council Members Brown and Mulholland, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: Council Member Ewan The foregoing resolution was adopted on June 6, 2006. Mayor David F. Romero ATTEST: APPROVED AS TO FORM: Jonat an P. Lowell City Attorney Resolution No. 9799 (2006 Series) Page 3 A Apartment Houses $50.00 per unit per year Administrative fee of $67.00 per year per facility $15,000 maximum per property Fees are waived for units that are built, owned and managed by the San Luis Obispo Housing Authority, other governmental agencies or not - for - profit housing organizations. Hotels, Motels, Lodging House, Bed & Breakfast Facilities, Youth Hostel Facilities and Senior Facilities, Sororities, Fraternities and Other Congregate Residences 1 to 30 units $202 per year per facility 31 to 80 units $302 per year per facility More than 80 units $402 per year per facility These fees are applicable to all multi- dwelling units in the City based on the following definitions as set forth in the 2001 California Building Code, Chapter 2: Definitions and Abbreviations, Section 202. Apartment house is any building, or portion thereof, which contains three or more dwelling units, including R -1 residential condominiums. Congregate residences are any building or portion thereof that contains facilities for living, sleeping and sanitation, as required by this code, and may include facilities for eating and cooking, for occupancy by other than a family. A congregate residence may be a shelter, convent, monastery, dormitory, fraternity or sorority house, but does not include jails, hospitals, nursing homes, hotels, or lodging houses. Dwelling unit is any building or portion thereof that contains living facilities, including provisions for sleeping, eating, cooking and sanitation, as required by this code, for not more than one family, or a congregate residence for ten or less persons. Hotel is any building containing six or more guest rooms intended or designed to be use, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests. Lodging house is any building or portion thereof containing not more than five guest rooms where rent is paid in money, goods, labor or otherwise. (A lodging house includes bed & breakfast facilities and hostels, but excludes single family dwellings). Motel shall mean the same as hotel as defined in this code. r7 v c �, ✓ RESOLUTION NO. 9798 (2006 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO RESCINDING RESOLUTION NO. 9567 (2004 SERIES) AND ADOPTING A NEW FEE STRUCTURE FOR THE LAGUNA LAKE GOLF COURSE WHEREAS, it is the policy of the City of San Luis Obispo to review program fees on an ongoing basis; and WHEREAS, those fees are adjusted as required to ensure they remain equitable and adequate to cover the cost of providing services; and WHEREAS, a comprehensive analysis of the Golf Course Fund was performed for the Fiscal Year 2006 -07. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: 2006. SECTION 1. Resolution No. 9567 (2004 Series) is hereby rescinded, effective July 1, SECTION 2. The following green fees shall be as follows, effective July 1, 2006: LAGUNA LAKE GOLF COURSE FEES SECTION 3. The fees for the driving range, wholesale goods, lessons, and other special activities and promotions shall be set by the Director of Parks and Recreation and the Golf Course Supervisor. Current Rates Current 2nd 9 -holes Proposed Rates Proposed 2nd 9 -holes Senior/Youth/Student Weekdays: $6.50 $4.50 $6.75 $4.50 General Weekdays: $8.50 $430 $8.75 $4.50 Senior/Youth/Student Weekends: $7.50 $4.50 $7.75 $4.50 General Weekends: $9.50 $4.50 $9.75 $4.50 Senior/Youth/Student 10 -Play Card: $60.00 $60.00 General 10-Play Card: $70.00 $75.00 Twili ht Rate: $5.00 $6.00 SECTION 3. The fees for the driving range, wholesale goods, lessons, and other special activities and promotions shall be set by the Director of Parks and Recreation and the Golf Course Supervisor. Resolution No. 9798 (20C tries) Page 2 n i Upon motion of Vice Mayor Settle, seconded by Council Member Mulholland, and on the following roll call vote: AYES: Council Members Brown and Mulholland, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: Council Member Ewan The foregoing resolution was adopted this 6th day of June 2006. Mayor David F. Romero ATTEST: Audrey H per City Cl APPROVED AS TO FORM: Jon th . Lowell City Attorney r �s ✓.�.'.s c'_ � 6���"�G ,�,L.fi =E ,� oSTr�T�Z O � �s� R- -. "Y^!..o' -�� . i RESOLUTION NO. 9797 (2006 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SETTING WATER METER AND ADAPTER CHARGES WHEREAS, it is the policy of the City of San Luis Obispo to review charges on an ongoing basis and to adjust them as required to ensure that they remain equitable and adequate to fully cover the cost of providing fixtures. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The charges set forth in Exhibit "A" are hereby adopted, effective July 1, 2006. Upon motion of Council Member Brown, seconded by Mayor Romero, and on the following roll call vote: AYES: Council Members Brown and Mulholland, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: Council Member Ewan The foregoing resolution was adopted this 6`h day of June 2006. Mayor David F. Romero ATTEST: Audrey Hoo # r City Clerk APPROVED AS TO FORM: J an P. Lowell City Attorney R 9797 Resolution No. 9797 (2006 series) - -' Page 2 WATER METER AND ADAPTER CHARGES Meter Size .58 x .75 inches (5/8 x 3/a inch) $ 57.07 .75 inch (3/4 inch) $ 86.14 1.0 inch $102.74 1.5 inch $650.00 2.0 inch $995.00 3.0 inch and lar er Time and materials Adapter 1.0'inch service /.58 inch x .75 inch $ 10.25 per pair meter 1.0 inch service /.75 inch meter $ 9.00 per pair 1.5 inch service / 1.0 inch meter $ 66.25 per pair 2.0 inch service / 1.0 inch meter $ 72.00 per pair 2.0 inch service / 1.5 inch meter $103.00 per pair C�TiC. /TIES U , .43 RESOLUTION NO. 9796 (2006 Series) RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REINSTATING ROUTE 1 BETWEEN CHRISTMAS DAY AND NEW YEAR'S DAY, AND ON PRESIDENTS' DAY WHEREAS, the City of San Luis Obispo (referred hereinafter as the City) operates SLO Transit; and WHEREAS, the Mass Transportation Committee has recommended and City Council has decided to revise the holiday service schedule; and WHEREAS, the purpose of holiday service is to provide basic transit service levels throughout the City appropriate to the service demand; and WHEREAS, there is a need to provide service in the Highland Drive area on Presidents' Day and between Christmas Day and New Year's Day. NOW THEREFORE, BE IT RESOLVED that the City Administration Officer or his/her designee be authorized to: Section 1. Reinstate Route 1 between Christmas Day and New Year's Day. Section 2. Reinstate Route 1 on Presidents' Day unless Cal Poly State University modifies their academic holiday to observe Presidents' Day on Monday. On motion of Vice Mayor Settle, seconded by Council Member Ewan and on the following roll call vote: AYES: Council Members Brown, Ewan, and Mulholland, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: None The foregoing resolution was passed and adopted this 16th day of May 2006. Mayor Dave Romero ATTEST: Audrey per City Clely an P. Lowell City Attorney R 9796 DDECL w RESOLUTION NO. 9795 (2006 Series) RESOLUTION AUTHORIZING THE FILING OF APPLICATIONS WITH THE FEDERAL TRANSIT ADMINISTRATION, AN OPERATING ADMINISTRATION OF THE UNITED STATES DEPARTMENT OF TRANSPORTATION, FOR FEDERAL TRANSPORTATION ASSISTANCE AUTHORIZED BY 49 U.S.0 CHAPTER 53, TITLE 23 UNITED STATES CODE AND OTHER FEDERAL STATUTES ADMINISTERED BY THE FEDERAL TRANSIT ADMINISTRATION. WHEREAS, the Federal Transportation Administrator has been delegated authority to award Federal financial assistance for a transportation project; and WHEREAS, the City of San Luis Obispo is a Grantee and receives funds from Urbanized Area Formula Program assistance authorized by 49 U.S.C. §5307 from the Federal Transit Administration; and WHEREAS, the grant or cooperative agreement for Federal Financial assistance will impose certain obligations upon the Grantee, and may require the Grantee to provide the local share of the project cost; and WHEREAS, the Grantee has or will provide all annual certifications and assurances to the Federal Transit Administration required for the project. NOW, THEREFORE, BE IT RESOLVED by City Council of the City of San Luis Obispo as follows: SECTION 1. The Director of Public Works or his/her designee is authorized to submit, execute and file application for Federal assistance on behalf of City of San Luis Obispo with the Federal Transit Administration for Federal Assistance authorized by 49.U.S.C. chapter 53, Title 23, United States Code, or other Federal statutes authorizing a project administered by the Federal Transit Administration, Grantee has received authority from the Designated Recipient to apply for Urbanized Area Formula Program assistance. SECTION 2. The Director of Public Works or his/her designee is authorized to execute and file with its application the annual certification and assurances and other document the Federal Transportation Administration requires before awarding a Federal assistance grant or cooperative agreement. SECTION 3. The Director of Public Works or his/her designee is authorized to execute grant and file cooperative agreements with the Federal Transit Administration on behalf of the City of San Luis Obispo. The undersigned duly qualified Director of Public Works, acting on behalf of the City of San Luis Obispo, certifies that the foregoing is true and correct. R 9795 1 C' Resolution No. 9795 (2006 Series) Page 2 Upon motion of Council Member Ewan, seconded by Vice Mayor Settle and on the following roll call vote: AYES: Council Members Brown, Ewan and Mulholland, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: None The foregoing resolution adopted this 16`b day of May 2006. Mayor Dave F. Romero ATTEST: jmjlt_� 7 � Audrey Hoo er rk City Cle APPROVED AS TO FORM: Jonat an P. Lowell City Attorney C- 7 6PL6� 0 1 RESOLUTION NO. 9794 (2006 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SETTING NEW SALARIES FOR THE MAYOR AND COUNCIL MEMBERS WHEREAS, Charter Section 410 provides for compensation and reimbursement of expenses for the Mayor and Council Members and establishes a procedure for a biennial review by a five- member Council Compensation Committee; and WHEREAS, a five- member Council Compensation Committee was appointed and has met and reviewed Mayor and Council Member compensation in accordance with the procedure provided by the Charter; and WHEREAS, the Council Compensation Committee has determined that the present criteria for compensation remain valid. However, the current monthly salary has remained unadjusted since 2000, and that adjustment is now appropriate particularly in light of the significant demands associated with the official duties of the Mayor and Council Members. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. BASIC COMPENSATION Section 2.1 of the Council Policies and Procedures shall be amended to read as follows: Effective January 1, 2007, compensation for services rendered in an official capacity shall be provided as follows: Members of the City Council shall receive $1,000 per month; and the Mayor shall receive a monthly salary of $1,200. On motion of Council Member Ewan, seconded by Vice Mayor Settle and on the following roll call vote: AYES: Council Member Ewan, Vice Mayor Settle and Mayor Romero NOES: Council Members Brown and Mulholland ABSENT: None The foregoing resolution was adopted this 2nd day of May 2006. R9794 Resolution No. 9794 (2006 S es) Page 2 CINVO&IN Audrey Hoope City Clerk APPROVED AS TO FORM: Jor6 . Lowell City Attorney LI Mayor David F. Romero jp'/Loj ? � 4PL�' C O RESOLUTION NO. 9793 (2006 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPDATING TRANSPORTATION IMPACT FEES WHEREAS, Chapter 4.56 of the City of San Luis Obispo Municipal Code establishes transportation impact fees and provides for the setting of fee amounts and other matters by resolution of the Council and WHEREAS, the Council has reviewed the report prepared with the assistance of MuniFinancial entitled Transportation Impact Fee Update (Impact Fee Report) dated March 2006, which meets the requirements of Government Code Section 66000 (commonly known as AB 1600) for setting development impact fees; and WHEREAS, the Council held an in -depth study session regarding these fees on March 21, 2006, and a public hearing on May 2, 2006, and provided extensive notification regarding these fees prior to their adoption. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. FINDINGS a. The purpose of transportation impact fees is to provide adequate transportation facilities based on the City's General Plan policies, including the Circulation Element, that are needed to satisfy the needs of new development and to mitigate the impacts of new development on the City's transportation infrastructure. b. The fees collected pursuant to this resolution shall be used only to pay for facilities and improvements identified in the impact fee analysis and shall not be in lieu of any other fee or tax as may be required. C. There is a reasonable relationship between the types of development on which the impact fees are imposed and the use of the impact fees and the need for the facilities and improvements. d. There is a reasonable relationship between the amount of the fee and the cost of the facilities and improvements attributable to the developments on which the fees are imposed. The estimated costs of facilities and improvements, including financing costs, to be paid for by connection fees are shown in the impact fee analysis. The costs have been allocated to new development based on trip generation by land use type, using dwelling unit type for residential uses and square feet, rooms, pumps or trips for non - residential uses, which are reasonably related to the transportation improvements needed by a development project. SECTION 2. COST ESTIMATES At any time that the actual or estimated costs of facilities identified in the impact fee analysis changes, the Director of Finance & Information Technology (Director) shall review the R 9793 i Resolution No. 9793 (2006 Series) Page 2 impact fees and determine whether the change affects the amount of the impact fees. If the impact fees are significantly affected, the Director will recommend to the Council a revised fee for its consideration. SECTION 3. FEE ADJUSTMENTS Project costs and related fees set forth in the Impact Fee Report shall be adjusted as follows in accordance with "Option 4" (but including costs for the railroad grade separation at Orcutt Road) as described in that report: a. Reduced Project Base. Due to uncertainty about where significant outside funding sources would come from and its relatively low priority, costs for the extension of Bishop Street shall be excluded from the cost base used in setting transportation impact fees. b. Continued 50% Retail/Hotel Subsidy. Given the General Fund fiscal benefits of these types of uses, the 50% subsidy of retail and hotel/motel uses approved by the Council when transportation impact fees were initially adopted in 1995 shall be continued. SECTION 4. AMOUNT OF IMPACT FEES Effective July 2, 2006, transportation impact fees shall be in the amounts set forth in Exhibit A attached hereto. Unless otherwise acted upon by the Council, the amount of the fees will automatically be adjusted on July 1 of each subsequent year by the annual percentage change in the U.S. Consumer Price Index, All Urban Consumers (or comparable successor index, if applicable) for the prior calendar year. SECTION 5. TIME OF PAYMENT a. Impact fees for any development project or portion thereof shall be payable prior to issuance of building permits required for that development, and shall be collected by the Building Official. b. For any development project or portion thereof, impact fees shall be assessed at the time of application and remain valid for as long as the processing time period allowed by the Uniform Administrative Code as adopted by the Council. SECTION 6. DETERMINATION OF LAND USE CATEGORIES All determinations regarding the appropriate classification of development type by land use category shall be made by the Community Development Director. SECTION 7. SEPARATE ACCOUNTS The Director shall deposit fees collected under this resolution in a separate transportation impact fee fund as required by Government Code Section 66006. Within one hundred and eighty Resolution No. 9793 (2006 Series) Page 3 (180) days of the close of each fiscal year, the Director shall make available to the public an accounting of these fees, and the Council shall review that information at its next regular public meeting. Upon motion of Council Member Ewan seconded by Council Member Brown and on the following roll call vote: AYES: Council Members Ewan and Brown, Vice Mayor Settle and Mayor Romero NOES: Council Member Mulholland ABSENT: None The foregoing resolution was adopted on May 2, 2006. Mayor David F. Romero ATTEST: dk� /,/" ba--614 Audrey H 1%r City Cle APPROVED AS TO FORM: Jonathan P. Lowell City Attorney i Resolution No. 9793 (2006 Series) Page 4 F.11 July 2, 2006 Land Use Category Basis Base* Interchange Improvement Sub Areas LOUR Prado Road Single Family Residential Dwelling Unit $3,018 $2,488 $2,224 Multi Family Residential Dwelling Unit 2,678 2,208 1,973 Retail 1,000 Square Feet 6,357 5,236 4,672 Office 1,000 Square Feet 6,052 4,990 4,459 Service Commercial 1,000 Square Feet 3,282 2,706 2,418 Industrial 1,000 Square Feet 1,748 1,441 1,288 Hospital 1,000 Square Feet 5,130 4,230 3,780 Motel/Hotel Room 1,401 1,155 1,032 Service Station Pump 7,129 5,879 5,253 Other Average Daily Trip 282 232 208 * Base fees are applicable to all areas in the City except for the Los Osos Valley Road (LOVR) and Prado Road interchange sub- areas. Community -wide fees in these sub -areas are reduced by the proportionate share of base fees attributable to the cost of these interchange improvements, for which projects in these sub -areas are directly charged via sub -area fees that are in addition to community -wide fees. 7- 2 RESOLUTION NO. 9792 (2006 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP FOR TRACT NO. 2534 WHEREAS, the City Council made certain findings concerning tentative Tract 2534, as prescribed in Resolution No. 9594 (2004 Series); and WHEREAS, the subdivider has submitted surety bonds in the total amounts of $2,850,000 (Faithful Performance) and $1,425,000 (Labor & Materials) to guarantee installation of the required subdivision improvements shown on the approved plans, and all fees have been received, as prescribed in the attached subdivision agreement, marked "Exhibit A "; and WHEREAS, the Community Development Director has approved the Covenants, Conditions and Restrictions (CC& R's) including maintenance requirements of the private utilities and common areas; and WHEREAS, all other conditions required per said Resolution No. 9594 (2004 Series) have been met or will be met prior to or concurrent with final recordation of the map. NOW, THEREFORE, BE IT RESOLVED that the final map for Tract No. 2534 is found to be in substantial compliance with the vesting tentative map and final map approval is hereby granted. On motion of Council Member Ewan seconded by Council Member Mulholland and on the following roll call vote: AYES: Council Members Brown and Ewan, Vice Mayor Settle and Mayor Romero NOES: Council Member Mulholland ABSENT: None The foregoing resolution was passed and adopted this 2nd day of May 2006. R 9792 Resolution No. 9792 (2006 Series) Page 2 ATTEST: �" Audrey Hoop City Clerk APPROVED AS TO FORM: J na thad . Lowell City Attorney Mayor David F. Romero SUBDIVISION AGREEMENT THIS AGREEMENT is dated this day of 12006 by and between Broad Street Partners, L.P., herein referred to as "Subdivider," and the CITY OF SAN LUIS OBISPO, herein referred to as the "City." RECITALS REFERENCE IS HEREBY MADE to that certain proposed subdivision of real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, a description of which is shown on the Final Map of Tract 2534, City of San Luis Obispo, California, as approved by the City Council on the J�day of 2006. The Subdivider desires that said Tract No. 2534 be accepted and approved as a Final Map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 17 of the San Luis Obispo Municipal Code), and It is a condition of said regulations that the Subdivider agree to install the improvements as set forth on the plans therefore. TERMS AND CONDITIONS: In consideration of the foregoing, the Subdivider does hereby agree to construct and install the following subdivision improvements in accordance with said subdivision regulations, and in accordance with approved plans and specifications on file in the office of the City Engineer, City of San Luis Obispo, to wit: 1. CURB, GUTTERS AND SIDEWALKS 2. STREET BASE AND SURFACING 3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line and water services to the curb stop. 4. DRAINAGE STRUCTURES C c 5. ORNAMENTAL METAL ELECTROLIERS 6. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to the inspection and approval of such facilities by the City, each public utility shall be required to file a letter stating that the developer has properly installed all facilities to be provided by him, and that the said utility is prepared to provide service to residents upon request. 7. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by City regulations. All of the above facilities shall be installed in the locations designated and to the plans and specifications on file and approved by said City Engineer. The lines and grades for all of said improvements shall be established by the Subdivider in accordance with said approved plans and specifications. The Subdivider agrees that the work of installing the above improvements shall begin within thirty (30) days from the date of recording of the final map, and that the work shall be completed within eighteen (18) months of said recording date, unless an extension has been granted by the City, provided that if completion of said work is delayed by acts of God or labor disputes resulting in strike action, the Subdivider shall have an additional period of time equivalent to such period of delay in which to complete such work. Any extension of time hereunder shall not operate to release the surety on the Improvement Security filed pursuant to this agreement. In this connection, the surety waives the provisions of Section 2819 of the Civil Code of the State of California. No building permits will be issued nor occupancy granted after the expiration date of the agreement until completion and acceptance of all public improvements unless specifically approved by the City. The Subdivider does also agree to comply with the conditions established by the Planning Commission and/or the City Council and has paid the necessary fees as indicated on the attached Exhibits 1 and 2. The restoration of lost section comers and retracement of section lines within the Subdivision shall be in accordance with Article 5, paragraph 8771 et seq., of the Professional Land Surveyors Act, Chapter 15 of the Business and Professions Code of the State of California. The Subdivider attaches hereto, as an integral part hereof, and as security for the performance of this agreement, an instrument of credit or bond approved by and in favor of the City of San Luis Obispo, and conditional upon the faithful performance of this agreement. Said instrument of credit or bond is in the amount of $ 2,850,000 which is the amount of the estimated cost of said improvements. Subdivider agrees to remedy any defects in the improvements arising from faulty workmanship or materials or defective construction of said improvements occurring within twelve (18) months after acceptance thereof. In accordance with Sections 66499.7 and 66499.9 of the Government Code of the State of California, upon final completion and acceptance of the work, City will release all but 10% of the improvement security, that amount being deemed sufficient to guarantee faithful performance by the Subdivider of his obligation to remedy any defects in the improvements arising within a period of one year following the completion and acceptance thereof. Completion of the work shall be deemed to have occurred on the date which the City Council shall, by resolution duly passed and adopted, accept said improvements according to said plans and specifications, and any approved modifications thereto. Neither periodic nor progress inspections or approvals shall bind the City to accept said improvements or waive any defects in the same or any breach of this agreement. If the Subdivider fails to complete the work within the prescribed time, the Subdivider agrees that City may, at its option, declare the instrument of credit or bond which has been posted by Subdivider to guarantee faithful performance, forfeited and utilize the proceeds to complete said improvements, or city may complete said improvements and recover the full cost and expense thereof from the Subdivider or his surety. The Subdivider has deposited with the City a labor and materials surety in the amount of 50% of the above described subdivision improvements ($1,425,000) in accordance with State law. Said Subdivider has paid an inspection fee of $211,855 for City to inspect the installation of said subdivision improvements, and to verify that they have been completed in accordance with the plans and specifications. Title 16 of the San Luis Obispo Municipal Code, entitled "Subdivision," all plans and specifications on file with said City Engineer as a part of said Subdivision Map, and all other documents filed with the City by the Subdivider and approved by the City Engineer are hereby referred to for further particulars in interpreting and defining the obligations of the Subdivider under this agreement. It is understood and agreed by and between the Subdivider and the City hereto that this agreement shall bind the heirs, executors, administrators, successors and assigns of the respective Parties to this agreement. It is agreed that the Subdivider will furnish copies of the successful bidder's contract unit prices and total bid prices for all of the improvements herein referred to. IN WITNESS WHEREOF, this agreement has been executed by: CITY OF SAN LUIS OBISPO A MAYOR David F. Romero EST: CITY C11 Audeby Hooper APPROVED AS TO FORM: CIT�C9ZT-dRNEY Jonathan P. Lowell 5 :n� EXHIBIT 1 TRACT 2534 SUBDIVISION AGREEMENT I 1. The Subdivider has deposited a monumentation guarantee in the amount of $4,000 to cover the installation of survey monuments in accordance with the approved map and payment for the same. Said guarantee will be released to the Subdivider upon receipt by the City of a letter from the Engineer indicating that they have completed the work and have been paid. 2. Park -in -lieu fees have been paid, as listed in the attached EXHIBIT 2. 3. Water and sewer impact fees shall be paid at time of building permits through the Community Development Department per the fee schedule in effect at that time. 4. Transportation impact fees shall be paid at time of building permits through the Community Development Department per the fee schedule in effect at that time. 5. Applicant shall bond for the full cost of the signal's design and installation. The applicant is also required to submit a signal warrant analysis to Caltrans and the City to monitor the need for signalization for a period not less than five years.. C C EXHIBIT 2 TRACT 2534 - FEE AND BOND LIST Amount Form Date Received Bonds and Guarantees: Total Faithful Performance $2,850,000 Bond 03/27/06 Labor & Materials (50% of total cost of improvements $1,425,000 Bond 03/27/06 Early Grading Guarantee Monument Guarantee $4,000 03/27/06 Fees: Map Check Fee $1,111 03/02106 Plan Check Fee $49,795 06103/05 Improvement Plan Inspection $211,855 11/17/05 Park In -Lieu Fee' (80) * $3,545 = $283,600 Due prior to map recrdatn Affordable Housing Requirements Water Impact Fee' Wastewater Impact Fee' Transportation Impact Fee' T2534 Subdivision Agreement 1 All Impact Fees are adjusted annually (July 1) based on CPI. Credit given for demolished units. �. Gc�f1 LTC= `~�� C RESOLUTION NO. 9791(2006 Series) A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO APPROVING A MEMORANDUM OF UNDERSTANDING WITH SLO GREEN BUILD AND AUTHORIZING ONE -TIME SEED FUNDING WHEREAS, SLO Green Build is a non -profit agency established to assist local government, design and building professionals and homeowners understand and use sustainable building practices; and WHEREAS, SLO Green Build has proposed entering into a Memorandum of Understanding (MOU) with the City to provide technical assistance and support for the City's green building policies and programs; and WHEREAS, the City has considered the proposed MOU and determined that it would be in the public interest to enter into the MOU to secure technical assistance in implementing General Plan policies regarding sustainable development and "green building" and related conservation programs. THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Memorandum of Understanding approved. 1. The proposed MOU, Exhibit A, is approved with the following amendment to the section under "Duties and Responsibilities — City of San Luis Obispo Agrees to the Following ": "Encourage nonresidential projects greater than 43;009 60,000 square feet to achieve at least a LEED Silver Certification from the U.S. Green Building Council." 2. The Mayor is authorized to sign the MOU on behalf of the City, and to approve amendments to or to terminate the MOU per the terms of the agreement. 3. The Community Development Director or his designee is designated as the City liaison with SLO Green Build and will administer this agreement. SECTION 2. Seed Funding Authorized. 1. The City Administrative Officer is authorized to use $2,000 from the General Fund as one -time seed funding for SLO Green Build to help defray the cost to prepare educational materials for City staff and the public, and to defray costs for other programs that benefit the City, as more particularly described in Exhibit A. R 9791 On motion of Council Member Ewan seconded by Council Member Mulholland and on the following roll call vote: AYES: Council Members Brown, Ewan and Mulholland, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: None The foregoing resolution was passed and adopted this 2nd day of May, 2006. Mayor David F. Romero ATTEST: Audrey Ho er City Cler ".99611010 "11 Jona well City Attorney �_ AEMORANDUM OF UNDERSTANDING/D Between The City of San Luis Obispo And SLO Green Build This Memorandum of Understanding is hereby entered into between the City of San Luis Obispo and SLO Green Build on May 10, 2006 in San Luis Obispo, California. SLO Green Build's mission is threefold: 1. To promote sustainable building techniques that minimize construction waste, build healthier indoor environments, and reduce energy use while conserving natural resources 2. To provide architects, engineers, contractors, developers, and other building professionals with the proper tools to build sustainable projects; and 3. To support and help develop public policy which advocates for sustainable architectural, social, and building practices. To carry out this mission, SLO Green Build will establish a green - building program, which will include printed resources and educational workshops and trainings. Among the printed eesources will be guidelines and a checklist for green - building certification based on standards that have been (1) established by the U.S. Green Building Council's Leadership in Energy and Environmental. Design (LEED) program and (2) adopted by more than 70 local governments in California who make up the Public Agency Council of Build It Green, the professional non - profit organization that coordinates statewide green - building efforts. It is the general purpose of this Memorandum of Understanding to describe -the duties and responsibilities of the parties in agreement. CONTACTS SLO Green Build Andrea R. Pease, AIA, LEED AP Principal Representative 2410 Leona Avenue San Luis Obispo, CA 93401 City of San Luis Obispo John Mandeville Community Development Director 990 Palm Street San Luis Obispo, CA 93401 DUTIES AND RESPONSIBILITIES The City of San Luis Obispo agrees to the following: • Provide $2,000 toward printed materials and other program costs, as described above in SLO Green Build "Duties and Responsibilities,'' to ensure that all citizens of the City of San Luis Obispo have. access to educational materials and programs. • Provide incentives for voluntary green - building of privately owned buildings. • Encourage nonresidential projects greater than 60,000 square feet to achieve at least a L_ EED Silver Certification from the U.S. Green Building Council. • For all future building and renovation of City structures over 5,000 square feet, consider seeking certification under the LEED Green Building Rating System, to at least the LEED silver standard. • Provide liaison to meet with SLO Green Build quarterly to develop an in -house green -build team. Memorandum of Understanding, : r Green Build and City of San Luis Obispo -_� Page 2 SLO Green Build agrees to provide the following: • Carry out actions as described in the above mission statement to the best of its ability in conjunction with the Green Building Program. • Promote green building through community events and printed material. • Conduct educational and training workshops, and provide consultative support. • Develop and maintain a public- access resource library and website, and publish a green - building newsletter. • Provide liaison with the Public Agency Council of Build It Green to (a) ensure timely updating of the Green Building Guidelines, and (b) keep the City abreast of sustainable building practices and developments elsewhere in California. • Coordinate the production of printed materials, which may include: ✓ a green - building checklist ✓ a green score -card or checklist • a legal agreement between builder and government agency • a certification plaque (based on third -party certification) • an informational kiosk THIRD PARTY RIGHTS This MOU does not confer any rights to any third parties AMENDMENTSITERMS • This Memorandum of Understanding may be modified only by written amendment approved in writing by an authorized representative of each organization. • This Memorandum of Understanding shall become effective May 10, 2006 and continue in effect until May 10, 2011. • This Memorandum of Understanding may be terminated by either party upon 30 days written notice. AUTHORITY Each of the undersigned affirms that he /she is authorized to enter into this agreement which binds his /her respective organizations. For The City of San Luis Obispo David F. Romero Mayor jh /Uslog reenbuild /finalMOU5 -10 -06 For SLO Green Build n. D Andrea R. P ase, AIA, LEED AP Principal Re resentative ; OJ /C o RESOLUTION NO. 9790 (2006 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REMOVING THE PROPERTY AT 969 MONTEREY STREET FROM THE MASTER LIST OF HISTORIC RESOURCES (ARC 166 -02) WHEREAS on December 16, 2002, the Architectural Review Commission granted final approval to a proposed third floor addition and extensive remodel of the building at 969 Monterey Street; and WHEREAS on June 28, 2004, the Cultural Heritage reviewed and approved modifications to the previously approved project, including the full demolition of the existing un- reinforced masonry building at 969 Monterey Street in light of a structural evaluation following the December, 2003 San Simeon earthquake, subject to photographic and historic documentation and archaeological monitoring of the demolition; and WHEREAS on February 2, 2005, the Chief Building Official issued a demolition permit; and WHEREAS on November 28, 2005, the Cultural Heritage Committee recommended that the City Council remove the property at 969 Monterey Street from the Master List of Historic Resources: BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findin s. That this Council, after consideration of the Cultural Heritage Committee's recommendation to remove the property at 969 Monterey Street from the Master List of Historic resources, public testimony, staff recommendations and reports thereon, finds that: a. The property at 969 Monterey Street no longer meets the eligibility standards for historic listing, and consequently, is not historically significant. b. The former Loobliner Building, for which the property was designated historic, has been demolished. SECTION 2. Action. The Historical Preservation Program Guidelines are hereby amended to delete the address "969 Monterey" from the Master List of Historic Resources as shown in Exhibit A. R 9790 0 Resolution No. 9790 (2006 Series) Page 2 On motion of Council Member Ewan, seconded by Council Member Mulholland and on the following roll call vote: AYES: Council Members Brown, Ewan, and Mulholland, Vice Mayor Settle and Mayor Romero NOES None ABSENT: None The foregoing resolution was passed and adopted this 2nd day of May 2006. Mayor David F. Romero ATTEST: APPROVED: Jo �. Lowell City Attorney Exhibit A MASTER LIST OF HISTORIC RESOURCES 1145 Marsh 0060 -04R 1160 Marsh 0126 -03C 1167 Marsh 0061 -05R 1805 Marsh 0062 -05R 1266 Mill 0063 -04R Mill Street 1306 Mill 0064 -04R Mill Street 1330 Mill 0065 -05R Mill Street 1424 Mill 606&05R 1460 Mill 0067 -04R . 642 Monterey 0068 -03R Downtown 664 Monterey 6069 -04R Downtown 696 Monterey 0128 -030 Downtown 747 Monterey 0070 -080 Downtown 848 Monterey 0129 -05C Downtown 849 Monterey 0130 -03C Downtown . 868-70 Monterey 0131 -03C Downtown 951 -65 Monterey 0132 -05C Downtown 962 Monterey Q6B Mimie 0133 -05C 0134 05C Downtown a 978-98 Monterey 0135 -03C De�*r #et*rn Downtown 1035 Monterey 0136 -03C Downtown 1815 Monterey 0137 -03C 2223 Monterey 0138 -03C 1406 Morro 0671 -04R Old Town 1624 Morro 0072 -04R Old Town id36 Morro 0073 -04R Old Town 1642 Morro 0074 -0411. Old Town 991 Niponio 0139 -05C Downtown 1015 Niponio 0140.05C Down_ town .1204 Nipomo 0675 -05R 1344 Nipomo 0141 -030 Old Town 1407 Nipomo 0076 -04R Old Town 1428 Nipomo 0077 -05R Old Town 1446 Nipomo 0078.058 Old Town 890 Osos 0079-04R Downtown. 076 Osos (980 Osos) 0142 -040 Downtown 1301650S 0145 -030 1443 Osos 0080 -03R Old Town 1700 Osos 0081 -05R Old flown 171$ 0sos 0062 -0411 Old Town 1815080B 0144 -05C Old Town 863 Pacific 0145 -04C 1106 Pacific 0148 -030 1185 Pacific 0083 -030 800 Palm, 0147 -03C Downtown 1144 Palm 0084 -03R *Serial Number. 0000- 0 0 X Sequentia_ 1 National Register Rating Type of Structure Number 1= Already placed on the National Register R = Residential 2 = Determined eligible for the National Register C = Commercial 3 = Eligible for the National Register , 0 = Other 4 a Potentially eligible for the National Register 5 = Not eligible for the National Register -birt significant at a local level ,E/Y7i'r /L C 0 RESOLUTION NO. 9789 (2005 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE RESIDENTIAL GROWTH MANAGEMENT PHASING SCHEDULE 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, Califomia, on April 18, 2006, for the purpose of considering a modification to the Residential Growth Management Phasing Schedule (Schedule); and WHEREAS, on March 8, 2006, the Planning Commission of the City of San Luis Obispo held a public hearing to review the proposed Schedule and recommended its approval by consensus to the Council; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and WHEREAS, the Community Development Director has determined that the proposed amendment to the Schedule will not cause a direct physical change in the environment, or cause a reasonably foreseeable indirect change in the environment, and therefore does not constitute a project under the California Environmental Quality Act; and WHEREAS, the proposed Schedule is consistent with the General Plan and the Residential Growth Management Regulations (SLOMC 17.88) because it allocates units to the City's major expansion areas to insure that the residential growth rate does not exceed 1% during any three -year interval; and WHEREAS, the City Council has duly considered all evidence, including the testimony of interested parties and the evaluation and recommendations of the Planning Commission and staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. Amendment to Schedule. The Residential Growth Management Phasing Schedule is hereby amended as shown in Exhibit A. On motion of Council Member Ewan, seconded by Council Mulholland and on the following roll call vote: AYES: Council Members Brown, Ewan, and Mulholland, and Mayor Romero NOES: None ABSENT: Vice Mayor Settle V11 aStuo 0 0 Resolution No. 9789 (2006 Series) Page 2 The foregoing resolution was passed and adopted this 18th day of April, 2006. Mayor David F. Romero 0go y *1a Audrey H per City Clerk/ APPROVED AS TO FORM: J P. 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CD CD w CD ? — 7 CD 8 a=rmw a 1 0) w �� J OOD J Q CD'<� -=CD CIO 0aUIO� _ x 0 3 cl cD Fr = OD UIODO ^. a o CC a .= p tD 7 o3 < a 5cD•oc - j R 3 a o ' 1 07 W N 1 1 s N tD w m 3"7 � Co 00 cNn cnCOOOOOOw_ r- m 3 0 m m w N d o == m in o = o (c �_ 1 A W ��mt3D�w V CD CL co w c3 y "•o O Ul U10000000 N OwI .0,ulm ID CT m to n a m cN 0 O v R CD y tc 0 < w U1 0100000000 N o c O cn O O � � N _ z -Al LTI Cn0000000N w N m O O O N Go W OD0-N AAA O U1 V D, 0)0 N V 0) U1A N O 1 jolm O W 000cn N (D m 3 N N C N s� 0 CL S tD � m 3 m O m x Q r: J nl-� (71 1 � V RESOLUTION NO. 9788 (2006 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING A VIDEO MONITORING POLICY WHEREAS, in order for public locations and facilities under the City's jurisdiction to be safe and secure, the use of electronic systems for routine video monitoring may be necessary; and WHEREAS, the City wants to ensure that their use is consistent with federal and state law, and reasonably balances privacy concerns with personal safety and responsible stewardship of the community's assets. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the attached policy on video monitoring systems is hereby adopted. Upon motion of Council Member Ewan seconded by Council Member Brown and on the following roll call vote: AYES: Council Members Brown, Ewan and Mulholland and Mayor Romero NOES: None ABSENT: Vice Mayor Settle The foregoing resolution was adopted on April 18, 2006. Mayor David F. Romero ATTEST: Audrey H er City Cler �& APPROVED AS TO FORM: Jonat . Lowell City Attorney 1 10 C (JtV 01 Sall luIS Or"Ispo Video Monitoring Systems PURPOSE- 0 In order for public locations and facilities under the City's jurisdiction to he safe and secure, the use of electronic systems for routine video monitoring may be necessary. The put-pose of this policy is to ensure that their rise is consistent with federal and state law, and reasonably balances privacy concerns with personal safety and responsible stewardship of the community's assets. Scope. This policy applies to systems that enable continuous or periodic routine video monitoring on a sustained basis for the following purposes: 1. Deter theft and vandalism and assist in the identification of individuals who commit damage to City facilities or property. 2. Assist law enforcement agencies with regard to the investicyation of criminal activity. 3. Promote a safer environment by deterring acts of violence or aggression. This policy does not apply to the routine use of hand -held video cameras. POLICIES AND PROCEIDURES Installation Approval The approval process for installation of a video monitoring system falls into two categories, depending on the intended use. 1. Routine or traditional uses, such as security cameras at the Police Station, videotaping of water and sewer lines, or mobile systems in Police vehicles, will be approved through the usual budgeting and purchasing approval process. 2. Placement at other City facilities or buildings, such as City Hall, other City offices, public parks, Mission Plaza, open space areas, public street or other public locations, requires approval by the City Administrative Officer (CAO), via the CAO Report process. CAO Approval Criteria When seeking CAO approval, Department Heads will address the following issues and concerns in supporting their request: o Video Monitoring Systems I. OhIcctivcs for implcntcnting the system. 2. Use of equipment. includinLI,: Lt. Location of, cameras. b. Location of reception equipment. c. Personnel authorized to operate the system. d. Times when monitoring will be in effect (and staffed, if applicable). �. Other deterrence or detection measures that were considered, and why video monitoring is the best solution. 4. Any specific, verifiable reports of incidents of crime or significant safety concerns that have occurred in the location to be placed under video monitoring. 5. Possible effects of the proposed video monitoring system on personal privacy, if any, and how they will be mitigated. 6. Appropriate consultation with stakeholders, including the public; or reasons why this is not necessary. 7. Signage strategy advising the public that video monitoring is occurring. 8. Approach to installing and maintaining the system. 9. Fiscal impact and availability of funding, Location and Direction of Video Monitoring Equipment 1. Permanent, fixed- mounted cameras will not be placed in areas where a reasonable expectation of privacy is standard, such as inside restrooms. 2. Cameras located internally will not be directed to look through windows to areas outside the building, unless necessary to protect external assets, provide for the personal safety of individuals or deter criminal activity from occurring. 3. Cameras will not be directed to look into adjacent, non -City owned buildings. 4. Placement of cameras. will also take into consideration physical limitations such as availability of power, cell reception and reasonable mounting facilities. Notification Procedures 1. The Council and City employees will be notified in advance, in writing or via e -mail, of the placement of any video monitoring system in a City -owned facility or building. 2. Clearly written signs will be prominently displayed at the perimeter of video monitoring areas advising the public that video monitoring is occurring. Video Monitorina Svstems On a case -hv -case basis. as appro�cct by the CAO. a decision nun' he oracle to eliminate public signage oremplovee notification in order to support crime prevention or invcstl L'ativc activities. Responsibility for Oversight of Video Monitoring Systems The CAO (or designee) is responsible for overall oversight of all video monitoring systems and for implementation of this policy. Intended Use of Video Monitoring Information Any information obtained from video monitoring systems will only be used for the put-poses set forth in this policy. PROTECTION OF VIDEO MONITORING INFORMATION Security of Storage Devices Resulting from Routine Video Monitoring 1. When not in use, storage devices will be securely kept in a controlled access area. 2. All storage media that is no longer in active use will be numbered and dated. Retention and Destruction of Routine Video Monitoring Records 1. All records derived from routine video monitoring will be retained for as long as required by federal or state law. (Currently, California Government Code Section 34090.6 requires that these records be retained for one year prior to destruction.) 2. In the event that records are evidence in any claim filed or any pending litigation, they will be preserved until the pending litigation is resolved. 3. Destruction requires the written consent of the City Attorney. 4. Records will be securely and permanently disposed of in a manner appropriate to their storage media. Placement and Viewing of Video Monitors Video monitors will not be placed in locations that facilitate public viewing. Access and Use of Recorded Information 1. Only those personnel authorized by the CAO (or designees) in writing will have access to information acquired through routine video monitoring. 2. Recorded information will never be sold, and will not be publicly viewed or distributed in anv other manner, except as provided for by this polic} and applicable federal and state law. C, Video Monitoring Systems ONGOING REA11 "W OF CITN' S USh: OF VIDEA) MONITORING SYSTLAS Review ol' the City., use of video monitoring system; and their adherence to this polio \\ill he undertaken at the direction ol' the C.AO (or designee) at least CVery two yrars. TIIC results ol' each revie\`, will be documented and provided to the COUnCIL and any concerns or deviations from this policy addressed promptly and effectively. The CAO.is authorized to make minor administrative changes to this policy in light of technological or legal changes as long as they are intended to carryout its purpose and will not have any significant police impacts. G: Information TechnololOnformation Technology Division /Security Cameras /Video Monitoring Policy 4 - C IC RESOLUTION NO. 9787 (2006 Series) A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO APPROVING A MASTER USE PERMIT , FOR PROPERTY AT 3210, 3212, 3220, 32309 3240 BROAD STREET GP/R/ER 78 -05 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 December 14, 2005 and voted to recommend approval of a master use permit pursuant to application GP/R/ER 78 -05, Dan Lemburg, applicant; 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 February 21, and April 4, 2006, for the purpose of considering Application GP/R/ER 78 -05; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and WHEREAS, the Council has reviewed and considered the Mitigated Negative Declaration of environmental impact for the project; and WHEREAS, the Council has duly considered all evidence, including the recommendation of the Planning Commission, testimony of interested parties, and the evaluation and recommendations by staff, presented at said hearing. BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Findings. 1. The City Council finds and determines that the project's Negative Declaration adequately addresses the potential 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 Community Commercial zoning, which designate such districts for locations that are appropriate to serve the community in its entirety rather than just the adjacent neighborhood. 3. The existing property is not suited to remain restricted to neighborhood serving uses (C -N zoning) since the location of the site at the corner of high volume arterial roadways acts as a community -wide center accessible to users from a wide region of the City. 4. This project site is subject to criteria which clearly necessitate an S overlay zone in order R 9787 (. O Resolution No. 9787 (2066 - series) Page 2 to ensure adequate review and create a specifically refined list of allowed land uses. The commercial center's proximity to a creek, the size and configuration of the property and adjacent high density residential uses warrant the refined land use list. 5. A master use permit is appropriate for the site to allow for streamlined approval of appropriate uses as listed within the refined allowed use list as found in attached Exhibit A. SECTION 2. Action. The Council does hereby approve the Master Use Permit, as shown on attached Exhibit A. Conditions: 1. The Master Use Permit shall refine the land use list for the Community Commercial zone for the properties subject to this resolution. Approval of the Master Use Permit will eliminate the need for Administrative Use Permit approval only for those uses listed within the allowed use section of the land use list in attached exhibit A. All other listed uses shall require a Use Permit. On motion of Vice Mayor Settle, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Brown and Ewan, Vice Mayor Settle and Mayor Romero NOES: Council Member Mulholland ABSENT: None The foregoing resolution was passed and adopted this 4th day of April 2006 and shall take effect upon the effective date of the ordinance amending the zoning map for the subject property from C -N -S to C -C -S, introduced this 4`h day of April 2006. _iT — P Mayor David F. Romero FA001111 Audrey Hoo r City Clerk APPROVED AS TO FORM: Jo n P. Lowell City Attorney C Use list for 3210, 3212, 3220, 3230, 3240 Broad Street, Community Commercial - Special Consideration (GP/R/ER 78 -05) 1. Allowed Uses: • ATMs • Auto parts sales, without installation • Banks and financial services • Building and landscape materials sales, indoor • Caretaker quarters • Convenience store • Copying and quick printer service • Day care — Day care center • Furniture, furnishings, and appliance stores • General retail — 2,000 sf or less • Groceries, liquor, specialty foods • Medical service — Doctor office (not allowed on ground floor) • Mixed -use project • Office — Accessory • Office — Business and Service (not allowed on ground floor except Real Estate Office) • Office — Production and administrative (not allowed on ground floor) • Office — Professional (not allowed on ground floor) ° Office- supporting retail, 2,000 sf or less ° Personal services ° Photographer, photographic studio ° Real Estate Office ° Residential support services ° Restaurant ° Social service organization • Transit stop • Vending machine (See Section 17.08.050) 2. Uses Allowed with Director's or Chief Building Official's Approval by Letter: • Office — Temporary, real- estate sales office in tract • Office — Temporary, on -site mobile home as a construction office • Outdoor temporary and/or seasonal sales 3. Uses Allowed with Director's Approval Use Permit: • Business Support Services ° Club, lodge, private meeting hall ° Commercial recreation facility — Indoor ° Extended hour retail ° Fitness /health facilities ° General retail — More than 2,000 sf, up to 15,000 sf ° Library, museum ° Library, branch facility ° Medical service — Clinic, laboratory, urgent care Exhibit A J ° Medical service — Doctor office ° Office — Temporary, mobile home as a construction office not located on -site ° Office- supporting retail, More than 2,000 sf, up to 5,000 sf ° Parades, Carnivals, Fairs, Festivals • Religious facility • School — Specialized education/training • Special event • Studio — Art, dance, martial arts, music, etc. • Temporary or Intermittent Uses 4. Uses Allowed with Planning Commission Approval: • Antennas and telecommunications facilities • Homeless shelter C ID RESOLUTION NO. 9786 (2006 Series) A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO APPROVING AMENDMENTS TO THE LAND USE ELEMENT MAP FROM NEIGHBORHOOD COMMERCIAL TO COMMUNITY COMMERCIAL FOR PROPERTY AT 3210, 32129 32209 32309 3240 BROAD STREET GP/R/ER 78 -05 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 December 14, 2005 and voted to recommend approval of map amendments pursuant to application GP/R/ER 78 -05, Dan Lemburg, applicant; 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 February 21 and February 28, 2006, and April 4 for the purpose of considering Application GP/R/ER 78- 05; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and WHEREAS, the Council has reviewed and considered the Mitigated Negative Declaration of environmental impact for the project; and WHEREAS, the Council has duly considered all evidence, including the recommendation of the Planning Commission, testimony of interested parties, and the evaluation and recommendations by staff, presented at said hearing. BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Findings. 1. The City Council finds and determines that the project's Negative Declaration adequately addresses the potential 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 Community Commercial zoning, which designate such districts for locations that are appropriate to serve the community in its entirety rather than just the adjacent neighborhood. 3. The existing property is not suited to remain restricted to neighborhood serving uses (C -N zoning) since the location of the site at the comer of high volume arterial roadways acts as a community -wide center accessible to users from a wide region of the City. Resolution No. 9786 (200"eries) Page 2 4. This project site is subject to criteria which clearly necessitate an S overlay zone in order to ensure adequate review and create a specifically refined list of allowed land uses. The commercial center's proximity to a creek, the size and configuration of the property and adjacent high density residential uses warrant the refined land use list. SECTION 2. Action. The Council does hereby approve the proposed General Plan amendment as shown on attached Exhibit A. On motion of Vice Mayor Settle, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Brown and Ewan, Vice Mayor Settle and Mayor Romero NOES: Council Member Mulholland ABSENT: None The foregoing resolution was passed and adopted this 4`h day of April 2006. Mayor David F. Romero ATTEST: . dy', /�,, , - Audrey Ho er City Cler APPROVED AS TO FORM: Jo . Lowell City Attorney C Exhibit A General Plan and Zoning Map Change from Neighborhood Commercial to Community Commercial with Special Considerations for 3210, 3212, call RESOLUTION NO. 9785 (2006 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPDATING AND CONSOLIDATING THE CONSERVATION, ENERGY CONSERVATION AND OPEN SPACE ELEMENTS INTO A CONSERVATION AND OPEN SPACE ELEMENT, ADOPTING SAID ELEMENT, AND AMENDING THE CIRCULATION, HOUSING, LAND USE, PARKS AND RECREATION, SAFETY, AND WATER AND WASTE WATER ELEMENT OF THE GENERAL PLAN (GPA/ER 149 -98) WHEREAS, the Council 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 February 28 and April 4, 2006, for the purpose of considering a Planning Commission recommendation on City application ER/GPA 149 -98, a project to update and combine the General Plan Conservation, Energy Conservation and Open Space Elements into one element, a Conservation and Open Space Element (COSE), and to amend the General Plan Circulation, Housing, Land Use, Parks and Recreation, Safety, Water and Wastewater Elements to maintain consistency; and WHEREAS, the City initiated said project to update the Conservation and Energy Conservation Elements, last revised in 1973 and 1981 respectively, and to update and consolidate conservation - related General Plan policies, reduce redundancy, help maintain internal consistency, maintain or strengthen the environmental safeguards in the General Plan, and make conservation policies and programs easier to find; understand and use; and WHEREAS, State general plan guidelines encourage element consolidation to minimize redundancy; group functionally related goals, objectives and policies, help maintain internal consistency and to keep the general plan to a reasonable size, making the plan both easier to understand and implement; and WHEREAS, the Planning Commission and Council have considered the information and comments pertaining to the update, including the public comments provided verbally at three public workshops and 24 public hearings, in written communications provided to the Commission and Council, and the evaluations and recommendations by staff, presented at said hearings; and WHEREAS, during the course of said hearings the Planning Commission conducted a detailed review of possible General Plan amendments in comparison to the draft COSE to maintain policy continuity and encouraged, considered and responded to public questions, comments and suggested text changes on both the amendments and the Draft Element; and WHEREAS, the project has been evaluated in accordance with the California Environmental Quality Act and pursuant to an initial environmental study (City File Number ER 149 -98), and the Community Development Director has granted a negative declaration of environmental impact; and WHEREAS, the Planning Commission and Council considered the Negative Declaration of environmental impact and the Initial Environmental Study (ER 149 -98) on which it was based, and determined that Negative Declaration granted on October 28, 2005 adequately addresses the proposed General Plan Element and amendments and determined that policies in March 2006 R 9785 Resolution No. 9785 (2006 Series) Page 2 Draft COSE are substantially consistent with or stronger than those in the October 2005 draft evaluated in the Initial Study. Consequently, the Council has determined that no further environmental review was warranted; and WHEREAS, the Council acknowledges the significant contributions of time and expertise provided by community groups in preparing and shaping the Draft Element, including ECOSLO, Santa Lucia Chapter of the Sierra Club, SLO Green Build, California Central Coast Chapter of the American Institute of Architects, San Luis Obispo Chamber of Commerce, and by many individuals. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Determination. The City Council has reviewed and considered the information contained in the initial study and the negative declaration for ER No. 149 -98 prepared for the October 2005 Draft Conservation and Open Space Element. This Council has, as a result of its deliberations, Planning Commission recommendation, the initial environmental study, and the evidence presented at hearings on this matter, determined that pursuant to the California Environmental Quality Act ( "CEQA ") and the State CEQA Guidelines, a negative declaration adequately addresses the potential environmental impacts of the Draft Conservation and Open Space Element as revised in the March 2006 Draft COSE. On the basis of this review, Council finds that in light of the whole public record, there is no evidence from which it can be fairly argued that the project, including related General Plan amendments, will have a significant, adverse effect on the environment, and hereby certifies and approves the negative declaration of environmental impact for the Conservation and Open Space Element and related General Plan amendments as recommended by the Planning Commission on February 8, 2006. SECTION 2. Record of Proceedings. The City Council has received and considered the Planning Commission recommendation, minutes from public meetings and workshops, record of public correspondence, and the Planning Commission staff reports on the Conservation and Open Space Element and General Plan amendments. Copies of these items or testimony are on file in the office of the City Clerk and in the Community Development Department. The Planning Commission held 17 public hearings and three public workshops to consider the draft Conservation and Open Space Element and related documents. In addition, the City Council conducted three public hearings to discuss the Conservation and Open Space Element and related matters. The minutes of those hearings indicate Commission and Council member comments on the Conservation and Open Space Element and are on file in the office of the City Clerk. SECTION 3. Findings. This Council, after considering the March 2006 Draft Conservation and Open Space Element and draft General Plan amendments, the Planning Commission's recommendations, staff recommendations, public testimony and correspondence, and reports thereon, makes the following findings: 1. The proposed Conservation and Open Space Element (March 2006 Draft) will promote the public health, safety and welfare by ensuring that policies supporting conservation, 0 0 Resolution No. 9785 (2006 Series) Page 3 energy efficiency, preservation of natural and cultural resources and natural communities, and protection of open space resources guide City values, operations and decision - making and 2. The proposed Conservation and Open Space Element maintains and/or expands the City's important conservation environmental policies and programs, and in combination with the Open Space Ordinance, Creek Setback Regulations and Conservation Plans, upholds the City's role as an environmental steward and leader by updating and consolidating these into a single, easily used and understood document; and 3. The proposed Conservation and Open Space Element reflects the Commission's detailed review of and comparison with possible changes to the Land Use and Open Space Elements, and with the proposed amendments, is consistent with the General Plan. SECTION 4. Approval of the Conservation and Open Space Element. Council hereby approves the Conservation and Open Space Element (March 2006 Draft), as shown in Attachment 3 of the February 28, 2006 Council agenda report, as amended at Council hearings on February 28 and April 4, 2006. SECTION 5. General Plan Amendments. The General Plan is hereby amended to maintain consistency with the Conservation and Open Space Element, as shown in Attachment 4 of the April 4, 2006 Council agenda report. SECTION 6. Publication and Availability. The Community Development Director shall cause the updated Conservation and Open Space Element and amended General Plan elements to be published and provided to City officials, affected agencies, public libraries, and to the public. SECTION 7. Effective Date. The Conservation and Open Space Element shall become effective immediately upon adoption of this resolution. Upon motion of Council Member Ewan seconded by Council Member Brown and on the following roll call vote: AYES: Council Members Brown, Ewan, and Mulholland, Vice Mayor Ewan and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 4th day of April 2006. N Resolution No. 9785 (2006 Series) Page 4 ATTEST: G Audrey Hooper City Clerk UU APPROVED AS TO FORM: Jonathan . Lowell City Attorney W Mayor David F. Romero t> — 576 C/4iZ- / 1�-blW i.v - �,oq u Gi.� Erncul, — (7 �,4 e c O O RESOLUTION NO. 9784 (2006 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ADJUSTING COMPENSATION FOR THE CITY ATTORNEY WHEREAS, on May 6, 2003, the City Council approved such a contract of employment appointing Jonathan P. Lowell to the position of City Attorney; and WHEREAS, the City Council conducted a performance evaluation on March 15, 2006, in accordance with the Appointed Officials' Performance Process as modified in August of 2002. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Effective April 6, 2006, the City Attorney's salary shall be increased 3.4% per month. SECTION 2. All other compensation and benefits afforded the City Attorney under Management Compensation Resolution No. 9782 (2006 Series) and the City Attorney Employment Agreement, not superseded by the above, shall remain in full force and effect. SECTION 3. The City Council shall evaluate the performance of the City Attorney annually. On motion of Council Member Mulholland, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Brown, Ewan and Mulholland, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: None Resolution No. 9784 o Page 2 The foregoing resolution was adopted this 4 h day of April 2006. Mayor David F. Romero ATTEST: Audrey He City Clerk APPROVED AS TO FORM: Dietrick Assistant City Attorney �� d 1 0 RESOLUTION NO. 9783 (2006 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ADJUSTING COMPENSATION FOR THE CITY ADMINISTRATIVE OFFICER WHEREAS, by Resolution No. 9037 (2000 Series), the City Council appointed Ken Hampian as City Administrative Officer (CAO); and WHEREAS, by Resolution No. 9665 (2005 Series) the City Council established compensation for CAO, Ken Hampian; and WHEREAS, the City Council conducted a performance evaluation on March 15, 2006, in accordance with the Appointed Officials' Performance Process as modified in August of 2002. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Effective April 6, 2006, the CAO's salary shall be increased $21 per month. SECTION 2. All other compensation and benefits afforded the CAO under Management Compensation Resolution No. 9782 (2006 Series) and the CAO Employment Agreement (Resolution No. 9037, 2000 Series), not superseded by the above, shall remain in full force and effect. SECTION 3. The City Council shall evaluate the performance of the CAO annually. On motion of Council Member Mulholland, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Brown, Ewan, and Mulholland, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: None Resolution No. 9783 Page 2 The foregoing resolution was adopted this 4"' day of April 2006. Mayor David F. Romero ATTEST: Audrey Hoop City Clerk APPROVED AS TO FORM: Jona P. Lowell City Attorney /47//Z' O� O RESOLUTION NO. 9782 (2006 Series) A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO REVISING MANAGEMENT COMPENSATION AND THE PAY FOR PERFORMANCE SYSTEM FOR APPOINTED OFFICIALS AND MANAGEMENT PERSONNEL SUPERSEDING PREVIOUS RESOLUTIONS IN CONFLICT WHEREAS, the City Council is committed to a comprehensive policy that strengthens the recruitment and retention of well qualified and effective appointed officials and management personnel; and WHEREAS, in 1996 the City Council established the Management Pay for Performance System, which has included periodic reviews and updates; and WHEREAS, the City Council wishes to provide an appropriate compensation package for its management personnel. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby revises management compensation and Management Pay for Performance System as follows: SECTION 1. The management compensation package and the Management Pay for Performance System will continue for a one -year term commencing January 1, 2006. SECTION 2. The City agrees to increase the salaries of management employees with a 2% cost of living adjustment (COLA) effective January 12, 2006 and a 2% COLA effective July 13, 2006 and to adjust management salary ranges accordingly as shown in Exhibit "A ". SECTION 3. The City agrees to increase the cafeteria contribution to $635 per month effective April 6, 2006. SECTION 4: The Pay for Performance feature providing lump sum payments continues to be suspended for those employees at the top of their salary range. SECTION 5. The City shall continue to provide employees in those classifications listed in Exhibit "A" certain fringe benefits as set forth in Exhibit `B ", fully incorporated by reference. SECTION 6. The Director of Finance and Information Technology shall adjust the appropriate accounts to reflect the compensation changes. R 9782 C Resolution No. 9782 (2006 Series) Page 2 Upon motion of Council Member Mulholland seconded by Council Member Ewan and on the following roll call vote: AYES: Council Members Brown, Ewan, and Mulholland, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 4th day of April 2006. Mayor David F. Romero ATTEST: udrey Ho r City Cler F-11 » Y U •I Z I p7_ F.Y I 1163093 :7 & a Jo t . Lowell City Attorney EXHIBIT "A" APPOINTED OFFICIALS AND MANAGEMENT SALARY SCHEDULE Effective January 12, 2006 Exhibit "A" Salary Group Position Title Range Low Range High I City Administrative Officer $9,693 $12,117 II City Attorney $8,851 $11,061 III - A Police Chief $8,095 $10,122 III Assistant City Administrative Officer $8,009 $10,014 III Director of Finance and Information Technology $8,009 $10,014 III Fire Chief $8,009 $10,014 III Public Works Director $8,009 $10,014 IV Director of Community Development $7,638 $9,549 IV Utilities Director $7,638 $9,549 V Director of Human Resources $7,231 $9,041 V Parks and Recreation Director $7,231 $9,041 VI Deputy Director of PW /City Engineer $6,650 $8,312 VII Assistant City Attorney $6,332 $7,914 VII City Clerk $6,332 $7,914 VII Deputy Director of CD - Development Review $6,332 $7,914 VII Deputy Director of CD - Long Range Planning $6,332 $7,914 VII Deputy Director of Utilities/Wastewater $6,332 $7,914 VII Deputy Director of Utilities/Water $6,332 $7,914 VII Deputy Public Works Director $6,332 $7,914 VII Finance Manager $6,332 $7,914 VII Information Technology Manager $6,332 $7,914 VIII Chief Building Official $5,671 $7,087 VIII City Traffic Engineer $5,671 $7,087 VIII Economic Development Manager $5,671 $7,087 VIII Natural Resources Manager $5,671 $7,087 D{ Construction Eng Manager $5,434 $6,789 IX Fire Marshall $5,434 $6,789 IX Supervising Civil Engineer $5,434 $6,789 IX Telecommunications Supervisor $5,434 $6,789 X Neighborhood Services Manager $5,083 $6,354 X Parking Manager $5,083 $6,354 X Principal Administrative Analyst $5,083 $6,354 X Principal Civil Engineer $5,083 $6,354 X Principal Transportation Planner $5,083 $6,354 X Public Works Administrative Services Manager $5,083 $6,354 X Recreation Manager $5,083 $6,354 X Risk Manager $5,083 $6,354 X Transit Manager $5,083 $6,354 GA701 -03 Resolution (Log) \9782 Exhibit A o EXHIBIT "A" APPOINTED OFFICIALS AND MANAGEMENT SALARY SCHEDULE Effective January 12, 2006 Exhibit "A" Salary Group Position Title Range Low Range High X Utilities Engineer $5,083 $6,354 X Water Projects Manager $5,083 $6,354 X Water Treatment Plant Supervisor $5,083 $6,354 X WRF Plant Supervisor $5,083 $6,354 XI Accounting Supervisor $4,793 $5,994 XI Customer Services Supervisor $4,793 $5,994 XI GIS Supervior $4,793 $5,994 XI Human Resources Analyst II $4,793 $5,994 XI Industrial Waste Coordinator $4,793 $5,994 XI Senior Administrative Analyst $4,793 $5,994 XI Senior Planner $4,793 $5,994 XI Utilities Conservation Coordinator $4,793 $5,994 XI Wastewater Collection Supervisor $4,793 $5,994 XI Water Distribution Supervisor $4,793 $5,994 XI Water Supply Supervisor $4,793 $5,994 XII Facilities Maintenance Supervisor $4,424 $5,529 XII Fleet Maintenance Supervisor $4,424 $5,529 XII Golf Course Supervisor $4,424 $5,529 XII Human Resources Analyst I $4,424 $5,529 XII Parks and Urban Forest Supervisor $4,424 $5,529 XII Program and Project Coordinator $4,424 $5,529 XII Recreation Supervisor $4,424 $5,529 XII Streets Maintenance Supervisor $4,424 $5,529 XIII Administrative Analyst II $4,228 $5,284 )(IV Administrative Analyst I $3,843 $4,800 XIV Ranger Services Administrator $3,843 $4,800 GA701 -03 Resolution (Log) \9782 Exhibit A O EXIIIBIT `B" APPOINTED OFFICIALS AND MANAGEMENT FRINGE BENEFITS 2006 Section A Medical, Dental, Eve Care The City shall establish and maintain medical, dental and eye care insurance plans for coverage by department head and management employees and their dependents. The City reserves the right to choose the method of insuring and plans to be offered. The City has elected to participate in the Ca1PERS Health Benefit Program with the "unequal contribution option" at the PERS minimum contribution rate, currently $64.60 per month for active employees and $16.26 per month for retirees. The City's contribution toward retirees shall be increased by 5% per year of the City's contribution for the active employees until such time as contributions for employees and retirees are equal. Employees with proof of medical insurance elsewhere are not required to participate in the medical insurance plan and may receive the unused portion of the City's contribution (after dental and vision insurance is deducted) in cash in accordance with the City's cafeteria plan. Those employees will be assessed $16.00 per month to be placed in the Retiree Health Insurance Account. This account will be used to fund the City's contribution toward retiree premiums and the City's costs for the Public Employees' Contingency Reserve Fund and Administrative Costs. However, there is no requirement that these funds be used exclusively for this purpose„ nor any guarantee that they will be sufficient to fund retiree health costs, although they will be used for employee benefits. Employees will be required to participate in the City's dental and vision plans at the employee - only rate. Should they elect to cover dependents in the City's dental and vision plans, they may do so, even if they do not have dependent coverage for medical insurance. Employees shall participate in term life insurance of $4,000 through payroll deduction as a part of the cafeteria plan. Section B Cafeteria Plan Contribution The City shall contribute $635 per month for cafeteria plan benefits for each regular, full -time employee covered by this resolution. Less than full -time employees shall receive a prorated share of the City's contribution. The City agrees to continue its contribution to the cafeteria plan for two (2) pay periods in the event that an employee has exhausted all paid time off due to an employee's catastrophic illness. Section C Life and Disability Insurance The City shall provide the following special insurance benefits in recognition of management responsibilities: O � EXHIBIT `B„ 1. Long -term disability insurance providing 66 2/3% of gross salary (maximum benefit $5,500 per month) to age 65 for any sickness or accident, subject to the exclusions in the long -term disability policy, after a 30 -day waiting period. 2. In addition to $4,000 term life insurance purchased by the employee through the cafeteria plan, $100,000 term life insurance for department heads and $50,000 term life insurance for management employees, including accidental death and dismemberment. Section D Retirement The City shall provide the California Public Employees' Retirement System's (CalPERS) 2.7% at 55 plan to all eligible employees including the amendments permitting conversion of unused sick leave to additional retirement credit, the 1959 survivor's benefit (Level Four), one year final compensation, and pre- retirement Option 2 death benefit. The Police and Fire Chiefs shall receive the same retirement benefits as sworn personnel in their departments. The City agrees to pay the employee's contribution to CalPERS (8% for miscellaneous, 9% for safety). These amounts paid by the City are employee contributions and are paid by the City to satisfy the employee's obligation to contribute the current percentage of salary to CalPERS. An employee has no option to receive the contributed amounts directly instead of having them paid by the City to CalPERS on behalf of the employee. It is further understood and agreed that the payment of the employee's CalPERS contribution is made subject to I.R.S. approval and reporting procedures. The City shall report as salary all Employer -Paid Member Contributions (EPMC) to CalPERS for the purposes of retirement credit in accordance with Government Code Section 20636 (c) (4). Section E Supplemental Retirement The City shall contribute 1% of salary for management employees and 2% of salary for department heads to a defined contribution supplemental retirement plan established in accordance with sections 401 (a) and 501 (a) of the Internal Revenue Code of 1986 and California Government Code sections 53215 - 53224. Section F Vacation Vacation leave is governed by section 2.36.440 of the Municipal Code, except that it may be taken after the completion of the sixth calendar month of service since the benefit date. Vacation leave shall be accrued as earned each payroll period provided that not more than twice the annual rate may be carried over to a new calendar year. EXHIBIT `B" However, if the City Administrative Officer determines that a department head has been unable to take vacation due to the press of City business, the City Administrative Officer may approve a two -month extension of maximum vacation accrual. The City Administrative Officer may, within two years of appointing a department head, increase the rate of vacation accrual to a maximum of 120 hours per year. Vacation schedules for management employees shall be based upon the needs of the City and then, insofar as possible, upon the wishes of the employee. A department head may not deny a management employee's vacation request if such denial will result in the loss of vacation accrual by the employee, except that, a department head may approve a two -month extension of maximum vacation accrual. However, in no event shall more than one such extension be granted in any calendar year. Department Head and management employees are eligible, once annually in December, to request payment for up to 40 hours of unused vacation leave provided that an employee's overall performance and attendance practices are satisfactory. Section G Administrative Leave Department heads shall be granted up to 80 hours of administrative leave per calendar year. Department heads shall have the option of taking such leave as additional paid leave or receiving cash for up to 80 hours at year end upon approval of the City Administrative Officer. Management employees shall be granted up to 48 hours of administrative leave per calendar year. Administrative leave hours shall be pro -rated when a department head or management employee is appointed or leaves employment during the calendar year. The employee's final check will be adjusted to reflect the pro -rated hours. Department Heads and Managers are considered exempt from the overtime provisions of the Fair Labor Standards Act (FLSA) and not eligible for overtime payment. In general, management employees are expected to work the hours necessary to successfully carry out their duties and frequently must return to work or attend meetings and events outside their normal working hours. However, when specifically authorized by the department head due to extraordinary circumstances, a management employee may receive overtime payment of time and one -half for hours worked above and beyond what would be considered normal work requirements during an emergency event lasting at least eight (8) hours. Section H Holidays Department heads and management employees shall receive 11 fixed plus 2 floating holidays per year. The floating holidays shall be accrued on a semi - monthly basis and added to the vacation accrual. Section I Sick Leave EXHIBIT `B„ Sick leave is governed by section 2.36.420 of the Municipal Code. An employee may take up to 16 hours per year of sick leave if required to be away from the job to personally care for a member of his/her immediate family as defined in Section 2.36.420. This may be extended to 40 hours per year if the family member is part of the employee's household and to 56 hours if a household family member is hospitalized and the employee submits written verification of such hospitalization. If the family member is a child, parent or spouse, an employee may use up to 48 hours annually to attend to the illness of the child, parent or spouse, instead of the lesser maximums above, in accordance with Labor Code Section 233. In conjunction with existing leave benefits, department head and management employees with one year of City service who have worked at least 1,280 hours in the previous year may be eligible for up to 12 weeks of Family/Medical Leave in accordance with the federal Family and Medical Leave Act and the California Family Rights Act. Sick leave may be used to be absent from duty due to the death of a member of the employee's immediate family as defined in Section 2.36.420, provided such leave shall not exceed forty working hours for each incident. The employee may be required to submit proof of relative's death before being granted sick leave pay. False information concerning the death or relationship shall be cause for discharge. Upon termination of employment by death or retirement, a percentage of the dollar value of the employee's accumulated sick leave will be paid to the employee, or the designated beneficiary or beneficiaries according to the following schedule: (A) Death — 25% (B) Retirement and actual commencement of Ca1PERS benefits: (1) After ten years of continuous employment — 10% (2) After twenty years of continuous employment — 15% Section J Workers' Compensation Leave An employee who is absent from duty because of on- the -job injury in accordance with State workers' compensation law and is not eligible for disability payments under Labor Code Section 4850 shall be paid the difference between his/her base salary and the amount provided by workers' compensation law during the first ninety (90) business days of such temporary disability absence. Eligibility for workers' compensation leave requires an open workers' compensation claim. Section K Vehicle Assignment For those department heads who require the use of an automobile on a regular 24 -hour basis to perform their normal duties, the City will, at City option, provide a City vehicle or an appropriate allowance for the employee's use of a personal automobile. The use of a personal automobile for City business will be eligible for mileage reimbursement in accordance with standard City policy. �D E) A IT `B„ Section L Layoffs In accordance with Section 2.36.320 of the Personnel Rules, the City Council of San Luis Obispo shall determine when and in what position classifications layoffs are to occur. Section M Appointed Officials The fringe benefits outlined in this exhibit for department heads apply to appointed officials, except where they have been modified by council resolution. /P A n -1 " t- Pte% , / . S 17 4 - 6. `!o /�' Cb RESOLUTION NO. 9781(2006 Series) A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO APPROVING A TENTATIVE TRACT MAP TO ALLOW A CONDOMINIUM CONVERSION FOR 168 APARTMENTS AT 1017 THROUGH 1045 SOUTHWOOD DRIVE APPLICATION NO. TR 217 -05 WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on February 8, 2006, and recommended approval of Application No. TR 217 -05 to the City Council, a request to approve a Tentative Tract Map to finalize the Condominium Conversion for 168 apartments known as Parkwood Village at 1017 Through 1045 Southwood Drive; and WHEREAS, the City Council of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on March 21, 2006, and recommended approval of Application No. TR 217 -05, a request to approve a Tentative Tract Map to finalize a Condominium Conversion for 168 apartments known as Parkwood Village; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the conversion of existing residential apartments to ownership condominiums is exempt from environmental review (CEQA); 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 Council of the City of San Luis Obispo as follows: Section 1. Findings. Based upon all the evidence, the Council makes the following findings: The proposed condominium conversion consisting of 168 apartment units is consistent with the General Plan because changing the apartments to condominiums will not impact available affordable housing since the conversion will provide deed restricted affordable units consistent with the City's Inclusionary Housing Ordinance. The number of existing units administered by the Housing Authority for section 8 families would not be reduced. 2. As conditioned, the tentative map complies with the property improvement standards for Condominium Conversions. 3. As stated in the applicant's property condition report, the property is in satisfactory condition and a report of any known defects will be made available to future property owners and kept on file at the City. 4. Based on a staff review of the application materials, a visit to the site and a review of R 9781 Resolution No. 9781 (2006 Series) Page 2 City records, the property is in substantial compliance with the Zoning Code in terms of allowed use, density, parking, yard areas, building height, and all other applicable property development standards. 5. In accordance with the Condominium conversion standards the applicant has appropriately delivered a notice of intent to convert to each tenant pursuant to Section 66452.9 of the Subdivision Map Act. 6. As conditioned, each of the tenants will be given written notification within 10 days of approval of final map for the conversion. 7. Each of the tenants has been given 180 days written notice of intent to convert. 8. Each of the tenants of the proposed conversion has been (or will be) given notice of an exclusive right to contract for the purchase of his or her unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. 9. The existing apartments, due to location, design, condition, and general conformance with property development standards are appropriate for conversion to individual ownership units and will result in a quality living environment for future property owners. 10. In accordance with the CEQA Guidelines Section 15301 (K) the conversion of multiple family residences into condominiums is categorically exempt from environmental review. Section 2. Approval Subject to Conditions. The City Council does hereby approve Application No. TR 217 -05, a request to approve a Tentative Tract Map to convert 168 apartment units at 1017 through 1043 Southwood Drive to individual ownership condominiums in accordance with Municipal Code 17.82, subject to the following conditions: 1. If not already installed and operational, each unit shall be supplied with individual meters for gas, water and electrical service. Location and type of metering shall be subject to review and approval of the City Community Development Department and the Utilities Department. 2. A property condition report shall be submitted to the City prior to recordation of the final map. Any building defects noted in the property condition report submitted to the City shall be repaired prior to approval of the final condominium map. 3. Any improvements necessary to comply with the property improvement standards for condominium conversions (Chapter 17.82.110 A through O) shall be completed prior to approval of the final condominium map. Such improvements include (but may not be limited to): private, open space yards, bicycle storage lockers, retrofitting units with additional energy compliance requirements such as increased insulation or insulated windows, restoration and refurbishing of landscape areas, installation of common area improvements, installation of smoke detectors and fire protection systems, or repair and upgrades of parking areas. 4. Conditions, Covenants and Restrictions (C.C. & R's) are required, to the approval of the Community Development Director and the Public Works Director. The C.C. & R's shall Resolution No. 9781 (2006 Series) Page 3 include a description and regulations pertaining to the open space easement and all common areas. The C.C. & R's shall be submitted to the Community Development Department for review by the City Attorney prior to recordation of the map. 5. The subdivider shall submit a final map to the city for review, approval, and recordation. The map shall be prepared by, or under the supervision of a registered civil engineer or licensed land surveyor. The final map shall be prepared in accordance with the Subdivision Map Act and the Subdivision Regulations. 6. Pursuant to Government Code Section 66474.9(b) (1), the subdivider shall defend, indemnify and hold harmless the city or its agents, officers and employees from any claim, action, or proceeding against the city or it agents, officers or employees to attack, set aside, void or annul an approval of the city, advisory agency, appeal board or legislative body concerning this subdivision. The city shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 7. Each of the tenants of the proposed conversion shall be given notice of an exclusive right to contract for the purchase of his or her unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. 8. This right of first refusal shall extend at least ninety days from the date of issuance of the subdivision public report or commencement of sales, whichever date is later. The tenant's security deposit and last months rent shall be credited towards the purchase of the property. 9. Each of the tenants shall be given written notification within 10 days of approval of final map for the conversion. 10. The parking lot areas shall be reconstructed to repair damaged asphalt as necessary, prior to recordation of the map. Patching and sealing of some areas may be appropriate, however significantly deteriorated asphalt areas shall be removed and reconstructed rather than patched. Planning and Public works staff will verify the extent of reconstruction required. 11. All exterior finishes, roofing, paint and exposed wood materials shall be repaired or refinished as necessary in order to bring the buildings up to an above average condition. This may require removal and replacement of asphalt composition roofing if deemed necessary by an inspection report by a qualified home inspector. 12. Carports and storage areas shall be constructed prior to recordation of the final map. The design of these structures is subject to architectural review. 13. Private open space yards shall be constructed as proposed at time of condominium conversion approval. Private open space yards, including new fencing and any other necessary landscape improvements, shall be completed prior to recordation of a final map. These features are subject to architectural review. Resolution No. 9781 (2006 Series) Page 4 14. Prior to (or in conjunction with) recordation of the final map, a minimum of 34 units shall be deed restricted for at least 30 years as affordable to very low income families or persons consistent with the City of San Luis Obispo Affordable Housing Standards. The units shall be deeded to the Housing Authority consistent with the following procedures: A. CONVEYANCE OF DONATED UNITS. Applicant shall convey to the Housing Authority title to the Donated Units, free and clear of all liens and claims securing monetary obligations (other than the lien for taxes not yet due and payable) and subject to customary closing costs and protected condominium costs, when both (a) there has been recorded in the Official Records of San Luis Obispo County a final tract map that subdivides the Property into condominium units, and (b) a Triggering Date has occurred. B. RESTRICTION ON DONATED UNITS. Prior to (or in conjunction with) recordation of the above - described final tract map, there shall be recorded with respect to title to each of the Donated Units a deed restriction requiring that such Units be set aside, for a period of at least thirty (30) years, as affordable units to very low income families or persons consistent with the City of San Luis Obispo Affordable Housing Standards. C. DEFINITIONS. For purposes of this condition, the term: 1) "Applicant" means Southwood Project; a California limited partnership, and its successors and assigns as owner of the Property. 2) 'Donated Units" means thirty -four (34) condominium units situated on the Property, as outlined in Exhibit "A." 3) "Housing Authority" means the Housing Authority of the City of San Luis Obispo, California. 4) "Property" means the real property and improvements located at 1017 -1045 Southwood Drive, San Luis Obispo, California. 5) "Tri ggering Date" means the date that is thirty (30) days after the date on which Applicant, its successors, and assigns sells the first condominium unit at the Property to a bona fide purchaser unrelated to Applicant or any partner or shareholder of Applicant. The existing regulatory agreement is currently in force and effect. D. EXTINGUISHMENT OF REGULATORY AGREEMENT. At the recordation of the deeds conveying to the Housing Authority title to the Donated Units, the regulatory agreement will be extinguished and have no effect on the Property or the owner thereof with respect to any subsequent period. On motion of Vice Mayor Settle seconded by Council Member Brown, and on the following roll call vote: AYES: Council Members Brown and Ewan, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: Council Member Mulholland Resolution No. 9781 (2006 Series) Page 5 The foregoing resolution was passed and adopted this 21st day of March 2006. Mayor David F. Romero ATTEST: © , drey Hooper City Clerk APPROVED AS TO FORM: path . Lowell City Attorney C • RESOLUTION NO. 9780 (2006 Series) RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF SAN LUIS OBISPO CAPITAL IMPROVEMENT BOARD AUTHORIZING THE ISSUANCE AND SALE OF LEASE REVENUE BONDS TO PROVIDE FINANCING TO THE CITY OF SAN LUIS OBISPO FOR THE 919 PALM STREET PUBLIC PARKING AND CITY OFFICE PROJECT, AND APPROVING RELATED DOCUMENTS AND OFFICIAL ACTIONS WHEREAS, the City of San Luis Obispo (the "City ") is proceeding to acquire and improve a building located at 919 Palm Street, to be used for public parking and City administrative office purposes (the "Project "); and WHEREAS, in order to provide funds to finance the acquisition and improvement of the Project, the City has proposed to lease the Project to the City of San Luis Obispo Capital Improvement Board (the "Board ") under a Site Lease dated as of April 1, 2006 (the "Site Lease "), in consideration of the payment by the Board of an upfront rental payment (the "Site Lease Payment ") which is sufficient to provide funds for such purposes; and WHEREAS, the Board proposes to issue and sell its City of San Luis Obispo Capital Improvement Board 2006 Lease Revenue Bonds (919 Palm Street Public Parking and City Office Project) in the aggregate principal amount of not to exceed $17,000,000 (the "Bonds ") under an Indenture of Trust dated as of April 1, 2006 (the "Indenture "), between the Board and U.S. Bank National Association, as trustee (the "Trustee "), for the purpose of providing the funds to enable the Board to pay the Site Lease Payment to the City in accordance with the Site Lease; and WHEREAS, in order to secure the payments of principal of and interest on the Bonds, the Board proposes to lease the Project back to the City under a Lease Agreement dated as of April 1, 2006 (the "Lease Agreement "), under which the City is obligated to pay semiannual lease payments as rental for the Project; and WHEREAS, the Board is authorized to issue the Bonds and provide financial assistance to the City under Ordinance No. 1059 (1986 Series) adopted by the Council of the City on April 15,1986 (the "Enabling Ordinance "). NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the City of San Luis Obispo Capital Improvement Board as follows: SECTION 1. Authorization of Bonds. The Board of Directors hereby authorizes the issuance of the Bonds under the Enabling Ordinance in the maximum principal amount of $17,000,000, for the purpose of providing funds to finance the acquisition and improvement of the Project by the City. The Bonds shall be issued under the Indenture of Trust which is approved below. SECTION 2. Approval of Related Financing Agreements. The Board of Directors hereby approves each of the following agreements required for the issuance and sale of the Bonds and the financing of the Project, in substantially the respective forms on file with the Secretary together with any changes therein or additions thereto deemed advisable by the Chief Financial Officer, whose execution thereof shall be conclusive evidence of the approval of any such Resolution No. 9780 (2006 Series) Page 2 changes or additions. The Chief Financial Officer is hereby authorized and directed for and in the name and on behalf of the Board to execute, and the Secretary is hereby authorized and directed to attest and affix the seal of the Board to, the final form of each such agreement: • Indenture of Trust, between the Board and U.S. Bank National Association, as trustee (the "Trustee "), setting forth the terms and provisions relating to the Bonds. • Site Lease, between the City as lessor and the Board as lessee, under which the City leases the Project to the Board in consideration of the payment of the Site Lease Payment which will be applied by the City to finance the acquisition and improvement of the Project. • Lease Agreement, between the Board as lessor and the City as lessee, under which the Board leases the Project back to the City and the City agrees to pay semiannual lease payments which are sufficient to provide revenues with which to pay principal of and interest on the Bonds when due; and • Assignment Agreement, between the Board and the Trustee, whereby the Board assigns certain of its rights under the Lease Agreement to the Trustee for the benefit of the Bond owners. SECTION 3. Authorization to Obtain Municipal Bond Insurance. The Board of Directors hereby directs the Chief Financial Officer to determine whether it is feasible and in the best interests of the Board to obtain municipal bond insurance for the Bonds. If the Chief Financial Officer determines that it is in the best interests of the Board to obtain such insurance, the Chief Financial Officer is authorized to accept a commitment from a municipal bond insurer to issue such insurance, in the name and on behalf of the Board. SECTION 4. Authorization of Cowetitive Sale of Bonds. The Board of Directors hereby authorizes and directs the competitive sale of the Bonds in accordance with the Notice Inviting Bids in substantially the form on file with the Secretary together with any changes therein or additions thereto deemed advisable by the Chief Financial Officer. The Chief Financial Officer is hereby authorized and directed for and in the name and on behalf of the Board to accept the best bid for the sale of the Bonds, as determined in accordance with the Notice Inviting Bids. The net interest rate at which the Bonds are sold shall not exceed 5 -3/4% per annum, and the Bonds shall be sold for a purchase price which is at least equal to 99.0% of the par amount of the Bonds. SECTION 5. Publication of Notice. Jones Hall, A Professional Law Corporation, as bond counsel to the Board and the City, is hereby authorized and directed to cause the Notice of Intention to Sell Bonds, in substantially the form on file with the Secretary together with any changes therein or additions thereto deemed advisable by the Chief Financial Officer, to be published once in The Bond Buyer. Such publication shall be made not later than 5 days prior to the date set for receipt of bids on the Bonds. Resolution No. 9780 (2006 Series) Page 3 SECTION 6. Official Statement. The Board of Directors hereby approves the preliminary Official Statement describing the Bonds in substantially the form on file with the Secretary. The Chief Financial Officer is hereby authorized and directed to approve any changes in or additions to said preliminary Official Statement and to execute an appropriate certificate stating the Chief Financial Officer's determination that the preliminary Official Statement (together with any changes therein or additions thereto) has been deemed nearly final within the meaning of Rule 15c2 -12 of the Securities Exchange Act of 1934. Distribution of the preliminary Official Statement by the Financial Adviser to prospective bidders is hereby approved. The Chief Financial Officer is hereby authorized and directed to approve any changes in or additions to a final form of said Official Statement, and the execution thereof by the Chief Financial Officer shall be conclusive evidence of approval of any such changes and additions. The Board of Directors hereby authorizes the distribution of the final Official Statement by the winning bidder. The final Official Statement shall be executed in the name and on behalf of the Board by the Chief Financial Officer. SECTION 7. Official Actions. The President, the Executive Director, the Chief Financial Officer, the Secretary, the Board Attorney and all other officers of the Board are each authorized and directed in the name and on behalf of the Board to make any and all leases, assignments, certificates, requisitions, agreements, notices, consents, instruments of conveyance, warrants and other documents, which they or any of them deem necessary or appropriate in order to consummate any of the transactions contemplated by the agreements and documents approved under this Resolution. Whenever in this resolution any officer of the Board is authorized to execute or countersign any document or take any action, such execution, countersigning or action may be taken on behalf of such officer by any person designated by such officer to act on his or her behalf if such officer is absent or unavailable. SECTION 8. Effective Date. This Resolution shall take effect immediately upon its passage and adoption. Resolution No. 9780 (2006 Series) Page 4 On motion of Board Member Ewan, seconded by Vice President Settle, and on the following roll call vote: AYES: Board Member Ewan, Vice President Settle and President Romero NOES: None ABSENT: Board Members Brown and Mulholland The foregoing Resolution was passed and adopted on March 21, 2006. President David F. Romero ATTEST: z Lq Audrey Hoo r Secretary APPROVED AS TO FORM: Jonath . Lowell Board Attorney I hereby certify that the foregoing Resolution was passed and adopted by the Board of Directors of the City of San Luis Obispo Capital Improvement Board at a special meeting thereof duly held on March 21, 2006, by a majority vote of all of its members. Audrey Hoo r Secretary �ti 7Lca3w") V to RESOLUTION NO. 9779 (2006 Series) RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING DOCUMENTS AND ACTIONS RELATING TO THE FINANCING OF 919 PALM STREET PUBLIC PARKING AND CITY OFFICE PROJECT WHEREAS, the City of San Luis Obispo (the "City ") is proceeding to acquire and improve a building located at 919 Palm Street, to be used for public parking and City administrative office purposes (the "Project "); and WHEREAS, in order to provide funds to finance the acquisition and improvement of the Project, the City has proposed to lease the Project to the City of San Luis Obispo Capital Improvement Board (the "Board ") under a Site Lease dated as of April 1, 2006 (the "Site Lease "), in consideration of the payment by the Board of an upfront rental payment (the "Site Lease Payment ") which is sufficient to provide funds for such purposes; and WHEREAS, the Board proposes to issue and sell its City of San Luis Obispo Capital Improvement Board 2006 Lease Revenue Bonds (919 Palm Street Public Parking and City Office Project) in the aggregate principal amount of not to exceed $17,000,000 (the `Bonds ") under an Indenture of Trust dated as of April 1, 2006 (the "Indenture "), between the Board and U.S. Bank National Association, as trustee (the "Trustee "), for the purpose of providing the funds to enable the Board to pay the Site Lease Payment to the City in accordance with the Site Lease; and WHEREAS, in order to secure the payments of principal of and interest on the Bonds, the Board proposes to lease the Project back to the City under a Lease Agreement dated as of April 1, 2006 (the "Lease Agreement "), under which the City is obligated to pay semiannual lease payments as rental for the Project; and WHEREAS, under Section 906 of the City Charter, the City is authorized to lease real property by resolution of the Council passed by the affirmative vote of at least 3/5 of all the members of the Council; and WHEREAS, the Council wishes at this time to approve all proceedings to which it is a party relating to the issuance and sale of the Bonds and the financing of the Project. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Approval of Financing Plan and Related Leases. The Council hereby approves the financing plan for the Project as set forth in this Resolution. To that end, the Council hereby approves the Site Lease and the Lease Agreement in substantially the respective forms thereof on file with the City Clerk together with any changes therein or additions thereto deemed advisable by the Director of Finance & Information Technology, whose execution thereof shall be conclusive evidence of the approval of any such changes or additions. The Director of Finance & Information Technology is hereby authorized and directed for and in the name and on behalf of the City to execute, and the City Clerk is hereby authorized and directed to attest and affix the seal of the City to, the final form of the Site Lease and the Lease Agreement. The Council hereby finds and determines that it is authorized to enter into the Site Lease and the R 9779 Resolution No. 9779 (2006 Series) Page 2 Lease Agreement under the municipal affairs powers of the City as a charter city of the State of California, subject only to the limitations of Section 906 of the City Charter. SECTION 2. Issuance and Sale of Bonds by Board. The Council hereby approves the issuance of the Bonds by the Board in the aggregate principal amount of not to exceed $17,000,000 for the purpose of providing funds to finance the Project. The Council hereby approves the competitive sale of the Bonds by the Board in accordance with a resolution of the governing body of the Board. As provided in said resolution, the net interest rate at which the Bonds are sold shall not exceed 5 -3/4% per annum, and the Bonds shall be sold for a purchase price that is at least equal to 99.0% of the par amount of the Bonds. SECTION 3. Official Statement. The Council hereby approves and deems nearly final within the meaning of Rule 15c2 -12 of the Securities Exchange Act of 1934, the preliminary Official Statement describing the Bonds in the form on file with the City Clerk. The City Administrative Officer or the Director of Finance & Information Technology (each, an "Authorized Officer ") is individually authorized, at the request of the purchaser of the Bonds, to execute an appropriate certificate affirming the Council's determination that the preliminary Official Statement has been deemed nearly final within the meaning of such Rule. Distribution of the preliminary Official Statement by the purchaser of the Bonds is hereby approved. An Authorized Officer is hereby authorized and directed to approve any changes in or additions to a final form of said Official Statement, and the execution thereof by an Authorized Officer shall be conclusive evidence of approval of any such changes and additions. The Council hereby authorizes the distribution of the final Official Statement by the purchaser of the Bonds. The final Official Statement shall be executed in the.name and on behalf of the City by an Authorized Officer. SECTION 4. Official Actions. The Mayor, the City Administrative Officer, the Director of Finance & Information Technology, the City Clerk and all other officers of the City are each authorized and directed in the name and on behalf of the City to make any and all leases, assignments, certificates, requisitions, agreements, notices, consents, instruments of conveyance, warrants and other documents, which they or any of them deem necessary or appropriate in order to consummate any of the transactions contemplated by the agreements and documents approved under this Resolution. Whenever in this Resolution any officer of the City is authorized to execute or countersign any document or take any action, such execution, countersigning or action may be taken on behalf of such officer by any person designated by such officer to act on his or her behalf in the case such officer is absent or unavailable. SECTION 5. Effective Date. This Resolution shall take effect immediately upon its passage and adoption. Resolution No. 9779 (2006 Series) Page 3 On motion of Vice Mayor Settle, seconded by Council Member Ewan and on the following roll call vote: AYES: Council Member Ewan, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: Council Members Brown and Mulholland The foregoing Resolution was passed and adopted on March 21, 2006. W-74" I 4 DW b. Wo I = '• MIAs drey Hooper City Clerk APPROVED AS TO FORM: Jon . Lowell City Attorney ,�,1Q- r�.�'�� �0. �-m�' Q ��- ��v����C..4�.r�� �� �� 01 .0 RESOLUTION NO. 9778 (2006 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING ACCEPTANCE OF A CONSERVATION EASEMENT AND ULTIMATELY FEE TITLE TO REAL PROPERTY WHEREAS, John E. King and Carole D. King ( "Grantors ") are the joint owners of certain real property in San Luis Obispo County, California, within the City of San Luis Obispo, described as Assessor's Parcel Number 053- 022 -016 (the "Property "); and WHEREAS, portions of said Property possess significant natural resource values including wildlife and plant resources, scenic open space values, and passive recreational uses (the "Conservation Values ") of great importance to Grantors, the people of the City of San Luis Obispo, and the people of the State of California; and WHEREAS, Grantors desire, as owners of the Property, to convey to the City of San Luis Obispo the right to preserve and protect the conservation values of the Property in perpetuity; and have so proposed in a letter offer dated January 19, 2006; and WHEREAS, the City of San Luis Obispo is a chartered municipal corporation of the State of California that is authorized by law to accept Conservation Easements; and WHEREAS, the City of San Luis Obispo agrees by accepting this grant to honor the intentions of Grantors stated herein and to preserve and protect in perpetuity the conservation values of the Property for the benefit of this generation and the generations to come. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby: Authorizes acceptance of the offer of donation of a Conservation Easement for a portion of Assessor's Parcel Number 067 - 061 -054 as outlined in the letter offer of January 19, 2006, subject to approval of the formal easement document by the City Council, and 2. Authorizes acceptance of the offer of donation of Fee Title to said portion of Assessor's Parcel Number 067 - 061 -054, at a future date as outlined in the letter offer of January 19, 2006, also subject to approval of the formal document by the City Council at that time, and 3. Authorizes and directs the Mayor to accept said Conservation Easement on behalf of the City of San Luis Obispo. R 9778 Resolution No. 9778 (2006 Series) Page 2 On motion of Vice Mayor Settle, seconded. by Council Member Ewan, and on the following roll call vote: AYES: Council Members Brown, Ewan and Mulholland, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: None The foregoing Resolution was passed and adopted on this 7" day of March 2006. 5__� — _ Mayor David F. Romero U010CI9 Audrey Hoo er City Clerk APPROVED AS TO FORM: V � J P. Lowell City Attorney v U 0 C, RESOLUTION NO. 9777 (2006 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A VESTING TENTATIVE TRACT AMP AND MITIGATED NEGATIVE DECLARATION FOR PROPERTY LOCATED AT 408 PRADO ROAD (TR/ER 66 -05; TRACT NO. 2353) .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 January 25, 2006, and recommended approval of Application TR/ER 66 -05, a request to subdivide an approximately 30 -acre site into 133 lots; 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 March 7, 2006, for the purpose of considering Application TR/ER 63-05; 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 reviewed and considered the Mitigated Negative Declaration of environmental impact for the project; and WHEREAS, the City Council has duly considered all evidence, including the recommendation of the Planning commission, testimony of interested parties, and the evaluation and recommendations of staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. Based upon all the evidence, the City Council makes the following findings: 1. The design of the vesting tentative tract map is consistent with the General Plan because the proposed subdivision respects existing site constraints (slope, creeks, wetlands, significant trees), will incrementally add to the City's residential housing inventory, result in parcels that meet density standards, and will be consistent with the density and lot sizes established by the Margarita Area Specific Plan. 2. The site is physically suited for the proposed type of development allowed in the R -1 -SP, R- 2-SP, R -3 -SP, and O -SP zones. 3. The design of the subdivision will not conflict with easements for access through (or use of property within) the proposed subdivision. R 9777 1. 4. The subdivision will not have a significant adverse impact on the environment, subject to the mitigation measures of the Final Environmental Impact Report' (EIR) certified by the City Council on October 12, 2004 being incorporated into the project, the mitigation monitoring program adopted with said EIR approval being followed and mitigation measures recommended herein. 5. A Mitigated Negative Declaration was prepared by the Community Development Department on January 9, 2006. The Planning Commission finds and determines that the project's Mitigated Negative Declaration adequately addresses the potential significant environmental impacts of the proposed project. SECTION 2. Environmental Review. The City Council finds and determines that the project's Mitigated Negative Declaration adequately addresses the potential significant environmental impacts of the proposed project, and reflects the independent judgment of the City Council. The Council hereby adopts said Mitigated Negative Declaration and incorporates the following mitigation measures and monitoring programs into the project: Mitigation Measures: Reduction of Light and Glare 1. In order for MASP /AASP EIR Mitigation Measure LU -7.1 as implemented by the MASP to be carried through to lot- specific development stage, a lighting plan that demonstrates compliance with Community Design Section 3.3 Lighting requirements of the MASP shall be submitted with other required plans for both the residential and commercial components of the project to the review and approval of the Architectural Review Commission (ARC). The lighting plan shall propose specific measures to limit the amount of light trespass associated with development within the project area including shielding and/or directional lighting methods to ensure that spillover light does not exceed 0.5 foot - candles at adjacent property lines. ➢ Monitoring Program: The ARC will review development plans for both the residential and commercial components of the project. City staff, including Planning and other departments, will review plans to assure that all of the ARC's requirements related to lighting and compliant with the MASP provisions have been incorporated into working drawings. City building inspectors will be responsible for assuring that all lighting is installed pursuant to the approved lighting plan. Preparation and Implementation of "Comprehensive Biological Mitigation Program" 2. Mitigation for wetland impacts. Mitigation for wetland impacts will be through a combination of on- and off -site mitigation, approved by the City, the DFG and the Corps. Further, in compliance with the MASP /AASP EIR, the subject VTM #2342 (Cowan) proposes the creation of Lot Z in an area designated by the MASP for "Open i Resolution No. 9777 (2006 Series) Page 3 Space - Riparian" for the express purposes of achieving some of the necessary wetlands replacement mitigation area, as well as preservation of related biological habitat benefits. 3. Mitigation for Impacts to Sensitive Species. None of these species are expected to be difficult to establish. City staff will work with the project sponsors in developing the details of the effort. Congdon Tarplant. Create compensating habitat in a suitable off -site location approved by the City. 4. Mitij2ation for Impacts to Other Nesting Birds.. Undertake surveys prior to initiation of construction activities; avoid construction activities within 100 feet of active nest sites, or within 300 feet for raptor nests, until after young have fledged. 5. Off Site Mitigation for Wetland Impacts. A further component of the biological mitigation program is the applicant's proposal to acquire (by fee, easement, or eminent domain) lands outside the bounds of the Western Enclave (designated by the MASP as "Open Space - Riparian" lands). The targeted property (lying south of Prado Road and owned by Unocal) is a low lying area that already naturally collects some area run -off and provides valuable habitat for certain special concern and R -T -E (rare, threatened, and endangered) species, and thus is beneficial to retain in its natural state. Pre- development run -off has resulted in seasonal flooding of Prado Road due to the currently deficient collection/distribution system to this natural drainage area south of Prado Road. The Western Enclave applicants propose to acquire this off -site property designated for open space use by the MASP and utilize it beneficially for biological mitigation as well as a detention basin for pre- and post - Westem Enclave development generated run -off. It is proposed that this basin be enhanced to accommodate the greater project - generated and pre - project run -off flows, and to increase its habitat value in the long term. The basin is proposed to be held and maintained by a Master Home Owners Association (MHOA) established initially for the Western Enclave area, and perhaps ultimately for the entire MASP as stipulated be done by the MASP. a. Monitoring Program: Prior to approval of the final map, the applicant shall contact the City Natural Resource Manager for review and approval of the final lot and street design to assure that on -site natural resources are protected and preserved to the greatest extent required by the mitigation measures and consistent with requirements of the MASP and MASP /AASP EIR. Said design shall also be consistent with approvals required subsequent to this Tentative Map from State Dept. of Fish and. Game and Army Corps of Engineers. Prior to any site preparation or construction activities, the applicant shall also initiate and complete for approval by the City pre - construction surveys for nesting birds and adhere to performance standard specified in the Resolution No. 9777 (2006 Series) Page 4 mitigation. Provisions for required off -site mitigation shall be coordinated with and approved by the City Natural Resource Manager prior to recordation of the Final Map. Periodic field inspections by City Staff during construction will be necessary to assure site development conforms to mitigation measures and conditions of approval. Preparation and Implementation of "Traffic Reduction Program" 6. In order for MASP /AASP EIR Mitigation Measure T -2.1 adopted with the certification of the MASP /AASP EIR in conjunction with the approval of the AASP in August, 2005 (Ref. City Council Resolution No. 9726,,2005 Series) to be brought forward to this site specific project stage, a transportation demand management program that demonstrates reduction of peak period travel by single- occupant vehicles shall be required of any employer within the subdivision with 25 or more employees. Said program shall incorporate all reasonably feasible measures or techniques, including those listed in the MASP /AASP EIR/General Plan Circulation, that encourage alternate modes other than single- occupant vehicles as the primary mode of transportation to the workplace and to travel during non -peak times. ➢ Monitoring Program: Each business owner, upon employment of 25 or more employees, shall immediately prepare and submit, obtain approval from the City Public Works Director and implement the provisions of a Traffic Reduction Plan which demonstrates reduction of peak period travel consistent with requirements of the City General Plan Circulation Element Policies and Programs. City Staff shall periodically inspect the business to observe and assure that reduction techniques approved by the City are in place and adhered to by the business. Staff shall take any corrective or enforcement actions authorized by law to achieve compliance. Preparation of Phase II Archaeological Subsurface Survey 7. In order to achieve complete mitigation for the archaeological resource found on the subject site, this survey is required if the site cannot be avoided. The Phase 11 survey is to determine if significance criteria of CEQA and/or NRHP are met. The survey must be completed and results submitted to City for determination whether mitigation measures below, as specified in EIR, are needed. a) A data recovery program consisting of archaeological excavation to retrieve the important data from the archaeological site; b) Development and implementation of public interpretation plans for both prehistoric and historic sites; c) Preservation, rehabilitation, restoration, or reconstruction of historic structures according to the Secretary of Interior Standards for Treatment of Historic Properties; Resolution No. 9777 (2006 Series) Page 5 d) Construction of new structures in a manner consistent with the historic character of the region; and e) Treatment of historic landscapes according to the Secretary of Interior Standards for Treatment of Historic Landscapes. If the project involves a federal agency, and is therefore subject to a MOA, the inventory, evaluation, and treatment processes will be coordinated with that federal agency to ensure that the work conducted will also comply with Section 106 of the National Historic Preservation Act. Monitoring Program: If the survey results reveal that the archaeological resource does meet the significance criteria set forth in CEQA or NRHP, then no further mitigation is required. However if the significance criteria is met, then the lead agency in coordination with the agency with jurisdiction over the resources shall jointly determine which of the above stated mitigation are appropriate for the resource status. The applicant shall provide evidence to the City that the mitigation has been achieved prior to recordation of the final subdivision map. Preparation and Implementation of a "Construction - Related Hazardous Materials Management Plan" 8. As stipulated in the MASP /AASP EIR, this would be a plan identifying, when they are known, site /development - specific construction activities that will involve the hazardous materials. The plan shall be prepared before construction activities begin that involve hazardous materials and shall discuss proper handling and disposal of materials used or produced onsite, such as petroleum products, concrete, and sanitary waste. The plan will also outline a specific protocol to identify health risks associated with the presence of chemical compounds in the soil and/or groundwater and identify specific protective measures to be followed by the workers entering the work area. If the presence of hazardous materials is suspected or encountered during construction - related activities, the project proponent will cause Mitigation Measure HAZ -1.2 to be activated. Mitigation Measure HAZ -1.2 states: "The project proponent will complete a Phase I environmental site assessment for each proposed public facility (e.g. streets and buried infrastructure). If Phase 1 site assessments indicate a potential for soil andlor groundwater contamination within or adjacent to the road or utility alignments, a Phase II site assessment will be completed The following Phase II environmental site assessments will be prepared specific to soil and/or groundwater contamination. a. Soil Contamination. For soil contamination, the Phase 11 site assessment will include soil sampling and analysis for anticipated contaminating substances. If f Resolution No. 9777 (2006 Series) Page 6 soil contamination is exposed during construction, the San Luis Obispo Fire Department ( SLOFD) will be notified and a work plan to characterize and possibly remove contaminated soil will be prepared, submitted and approved. b. Groundwater Contamination. For groundwater contamination, the Phase II assessment may include monitoring well installation, groundwater sampling, and analysis for anticipated contaminating substances. If groundwater contaminated by potentially hazardous materials is expected to be extracted during dewatering, the SLOFD and the Central Coast RWQCB will be notified. A contingency plan to dispose of contaminated groundwater will be developed in agreement with the SLOFD and Central Coast RWQCB. Monitoring Program: The "Construction- Related Hazardous Materials Management Plan" will be required to be submitted to the City Community Development Department and Fire Department for review prior to commencement of any site preparation or construction work involving hazardous materials. No site preparation or construction work may commence before said plan has been approved by the City. Any site work commenced without City approval of said Plan will be subject to "Stop Work" (cease and desist) orders as may be issued under the authority of the City Fire Department. Preparation and Implementation of an "Operations- Related Hazardous Materials Management Plan" 9. As stipulated in the MASP /AASP EIR, this would be a plan prepared by a project proponent identifying hazardous materials management practices as might be required by state and local laws and regulations regarding delivery, use, manufacture, and storage of any such regulated materials might be present on site for any operations - related activities. This plan would identify the proper handling and disposal of materials uses or produced onsite, such as petroleum products, concrete, and sanitary waste. By the filing of said Plan, the City Fire Department will be on notice to provide regular and routine fire and life - safety inspections to determine compliance with applicable health and safety codes. ➢ Monitoring Program: The "Operations- Related Hazardous Materials Management Plan" will be required to be submitted by a project proponent to the City Community Development Department and City Fire Department for review prior to the establishment of any operations- related activities. SECTION 3. Action. The City Council does hereby approve Application TR/ER 63 -05 with incorporation of the following conditions and code requirements into the project: Resolution No. 9777 (2006 Series) Page 7 Conditions: Streets: Prior to recordation of the vesting final map, or any phase thereof, the subdivider shall present a detailed schedule and delivery 'Plan", to be approved by the Public Works Director, for the improvement of Prado Road between its eastern terminus at the current City boundary and Broad Street. For the purposes of this condition, the Prado Road Extension (PRE) shall be referenced in two segments. The first segment shall be the new roadway from the present easterly terminus (City boundary) of Prado Road extending easterly to the intersection of proposed "M" Street on Tract 2353 (the "Sierra Gardens (DeBlauw) property as shown in the Margarita Area Specific Plan (MASP)). This first segment shall be referred to as the " Prado Road Extension - Western Enclave" segment (PRE -WE). The second segment shall be from the Prado Road/ "M" Street intersection on Tract 2353, easterly, to Broad Street. This second segment shall be referred to as the " Prado Road Extension - "M" Street to Broad" segment (PRE -MB). At a minimum, the Plan shall address the following milestones for Right -of -Way acquisition, design and construction: a. At the time of submittal of any plans for final map and/or improvement plan checking: The subdivider shall submit construction drawings and specifications for the full width improvement of the "Prado Road Extension - Western Enclave" segment (PRE -WE), and shall submit schematic plans for the full width improvement of the " Prado Road Extension - "M" Street to Broad" segment (PRE -MB). The final map and improvement plans will follow approximately 6 months after the date of the approval of the Tentative Map. During this time the City as well as area property owners will be involved in the review of updated drafts and the selection of the proper engineering company as well as overseeing the design. Following Tentative Map approval, the Western Enclave Property Owners (WEPO) and the City will establish a Stakeholder Group comprised of MASP property owners and public utility companies, etc. to augment/expedite the conceptual design of the PRE -MB component of the Roadway. b. The PRE -WE plans shall include 4 travel lanes, bike paths and lanes, sidewalks, utilities, storm drainage, landscaping, center median improvements and other necessary street appurtenances or as otherwise approved by the Director of Public Works. c. Off -site dedication of property for public right -of -way purposes is necessary to facilitate the construction of Prado Road. The subdivider shall exhaust all avenues available to acquire said public right -of -way dedication. In the event the subdivider is unable to acquire said property, the City Council will lend the subdivider its powers of condemnation to acquire the off -site right -of -way dedication, including any necessary Resolution No. 9777 (2006 Series) Page S slope and drainage easements. If condemnation is required, the subdivider shall agree to pay all costs associated with the off -site right -of -way acquisition (including attorney and court costs). The subdivider is responsible for construction of the necessary street improvements and striping, to the satisfaction of the Public Works Director.) d. Subject to the availability of necessary right -of -way, the subdivider shall complete construction of the PRE -WE segment prior to occupancy of the 50th unit within the subdivision. If right -of -way is not available at the time of approval of the final map, the subdivider may submit a plan for providing interim, secondary access to the WEPO properties that is subject to approval by the Public Works Director. This secondary access shall be completed prior to granting of occupancy permits and may be required to be removed at a later time when additional access is provided from adjacent properties. e. At the time of recording the final map, the subdivider shall bond for the completion of the engineering plans and specifications, environmental review, if necessary, and associated construction permits for the PRE -MB segment. The subdivider shall complete the construction drawings and specifications for the PRE -MB segment on or before the 100th unit is occupied in the Western Enclave (approx. 1 year after Tentative Map Approval). If, at the time of Final Map approval, a detailed engineered cost estimate for the PRE -MB section of roadway has not yet been completed, the City may require that the developer (property owners) sign a waiver not opposing the possible future formation of a community facilities district or other such financing mechanism, that would fund any final project costs for the construction of PRE -MB that are not contained in the Margarita Area Specific Plan Impact Fee estimates. f. Subject to the availability of necessary right -of -way, the subdivider shall, at a minimum: (1) initiate the construction of the northern half, or some modified section of the roadway subject to approval by the Director of Public Works, of the PRE -MB segment prior to occupancy of the 200th residential unit in the Western Enclave (approx. 3 years after Tentative Map Approval) , and (2) complete construction of the northern half of the PRE -MB segment prior to occupancy of the 300th residential unit in the Western Enclave (approx. 5 years after Tentative Map Approval). If right -of -way is not available at the time of requests for occupancy, the City will determine if public acquisition of said right -of -way is necessary or the subdivider will be required to submit an interim plan for providing secondary access the Western Enclave that shall be approved by the Public Works Director. g. As a part of the submittal of the plan for improvements to Prado Road, the subdivider shall submit a reimbursement proposal and schedule for the costs associated with the environmental, engineering and construction of Prado Road in its entirety, as established by the MASP. Subject to final approval of the City, the proposal may v I� Resolution No. 9777 (2006 Series) Page 9 include fee credits and/or other appropriate mechanisms that may be applied against non -TIF city -wide and MASP impact fees as development occurs, to facilitate completion of the Prado Road extension. h. A second access off Prado to service VTTM 2353 (DeBlauw) can be incorporated on an interim basis at the time of construction of PRE -WE and will remain in place until PRE -MB is completed and an additional access point is provided at an adopted MASP location. 2. Margarita Area Specific Plan Impact Fees, as adopted by the City of San Luis Obispo, shall be paid prior to issuance of each building permit, subject to condition l.g. above. 3. The public improvement plans for VTTM 2353, VTTM 2428 and VTTM 2342 shall consider the proposed or required phasing to be completed by the combined development known as Margarita Area Specific Plan western enclave. The public improvement plans for each subdivision shall include any offsite improvements as considered necessary by the Director of Public Works to provide a reasonable transition between the subdivisions in the case that one project is developed before another. The scope of required improvements shall be approved to the satisfaction of the Public Works Director. 4. The final subdivision design and improvements shall comply with the Margarita Area Specific Plan and all other City of San Luis Obispo Design Standards, Engineering Standards and Standard Plans and Specifications. 5. The final design, location, and number of traffic calming measures including bulb -outs, choke - downs, tabletops, roundabouts, neck- downs, etc. shall be reviewed and approved by the Public Works Director. Plans submitted for review shall include a truck turning diagram demonstrating a truck's ability to negotiate the traffic calming features. Additional or alternative traffic control measures may be required to comply with the Specific Plan objective to "foster traffic volumes and speeds that will be compatible with the neighborhood." 6. Pursuant to the Margarita Area Specific Plan, traffic volume and speeds shall be monitored after development. The subdivider shall retain a qualified traffic consultant to conduct traffic counts throughout the subdivision at locations approved by the Public Works Director. If traffic speeds or volumes exceed City standards during counts taken by the subdivider one year after final occupancy of complete build -out of the subdivision or acceptance of public improvements whichever occurs later, the subdivider shall be responsible for installing additional traffic calming measures to the approval of the Public Works Director to reduce volume and speeds to comply with City standards. As an alternative to the above, prior to final map recordation, the Western Enclave property owners may pay a one -time non - refundable contribution to the City's Neighborhood Traffic Management Program in the amount of $130,000 to fund future traffic calming efforts in Resolution No. 9777 (2006 Series) Page 10 the City. 7. The subdivision design shall include directional curb ramps wherever possible. The inclusion of bulb -outs at directional curb ramp locations is encouraged to decrease the roadway width to be crossed by a pedestrian. 8. The subdivision design shall include curb extensions at locations where on -street parking needs to be restricted for sight visibility reasons. 9. Prior to approval of improvement plans, alternative paving materials proposed within the public right -of -way shall be approved by the Public Works Director. Alternative paving materials shall be maintained by the Homeowner's Association. 10. Common areas, landscaped parkways and Class I pathways (other than Prado Road) shall be owned and maintained in perpetuity for public use by the Master Homeowner's Association. Water meters for common landscape areas including but not limited to parkways, medians, roundabouts and pathway corridors are subject to water impact fees and shall be paid for by the subdivider. On & Off -Site Improvements: 11. With respect to all off -site improvements, prior to filing of the Final Map, the Subdivider(s) shall either: a. Clearly demonstrate their right to construct the improvements by showing title or interest in the property in a form acceptable to the City Engineer; or b. Request in writing that the subdivider has exhausted all reasonable efforts to acquire interest to the subject property and that the City assist in acquiring the property required for the construction of such improvements and exercise its power of eminent domain in accordance with Government Code Section 66462.5 to do so, if necessary. Subdivider shall also enter into an agreement with the City to pay all costs of such acquisition, including, but not limited to, all costs associated with condemnation. Said agreement shall be in a form acceptable to the City Engineer and the City Attorney. If condemnation proceedings are required, the Subdivider shall, no later that 90 days prior to recordation of the Final Map (final Parcel Map), submit, in a form acceptable to the City Engineer, the following documents regarding the property to be acquired: i. Property legal description and sketch, stamped and signed by a Licensed Land Surveyor or Civil Engineer authorized to practice land surveying in the State of California. ii. Preliminary title report including chain of title and litigation guarantee; Resolution No. 9777 (2006 Series) Page 11 iii. Appraisal of the property by a City approved appraiser. In the course of obtaining such appraisal, the property owner(s) must be given an opportunity to accompany the appraiser during any inspection of the property or acknowledge in writing that they knowingly waived the right to do so. iv. Copies of all written correspondence with off -site property owners including purchase summary of formal offers and counter offers to purchase at the appraised price. V. Prior to submittal of the aforementioned documents for City Engineer approval, the Subdivider shall deposit with the City all or a portion of the anticipated costs, . as determined by the City Attorney, of the condemnation proceedings. The City does not and cannot guarantee that the necessary property rights can be acquired or will, in fact, be acquired. All necessary procedures of law would apply and would have to be followed. 12. Should the final design for the stormwater detention basin require the installation of a stormwater pumping station in order to provide an outlet for the detention basin, the final pump station design shall be in accordance with Section 8 of the WWMP -DDM and the following" a. The pump station shall be a triplex design. b. The pump station shall be designed to discharge at the 100 year pre - developed rate with all three pumps running, the 10 year pre - developed rate with two pumps running. and the 2 year pre - developed rate with only one pump in operation. At no time shall the pump discharge rate exceed that of the pre - development flow rates for each of the design storms. Or the pump station shall consist for a variable speed drive that matches the required discharge regime. c. The pump discharge shall be designed such that no erosion damage will occur. d. The pump shall discharge into a natural waterway or into an easement to which the subdividers, their heirs and/or assigns have rights to. 13. The final subdivision design shall incorporate stormwater quality BMPs with the January 2005 edition of the Engineering Standards, shall be designed to treat the stormwater runoff from all developed surfaces excluding rooftops but including all private and public streets, and shall be" subject to the approval of the City Engineer. 14. The final design of any stormwater detention or treatment facilities shall incorporate all recommendations from the final geotechnical report into the design of said facilities. The final geotechnical report shall address the effect, if any, of detaining stormwater in close Resolution No. 9777 (2006 Series) Page 12 proximity to the existing soil contamination. 15. The final design of the proposed off -site stormwater detention facilities shall also take into consideration the effects on 100 year floodplain (as identified as an undesignated "A Zone ") on the FEMA FERM Panel (as modified by the LOMR dated August 23, 2003) for San Luis Obispo County, from the unnamed tributary to the East Fork of San Luis Obispo Creek and shall establish the base flood elevation, process a CLOMR or CLOMR-F with FEMA prior to approval of any plans for ground disturbing activities; then process the final documents once Grading is complete. The design of any stormwater facilities shall be in compliance with the WWMP -DDM requirement for construction within a Special Floodplain Management Zone; i.e. no significant net loss of floodplain storage. 16. The subdivider shall secure the rights for the regional stormwater detention basin prior to or concurrently with the final subdivision maps. Should the subdividers be unsuccessful in acquiring off site property for the construction of the stormwater facilities, the subdivider shall either: a) revise the maps to reflect appropriately sized on -site detention of stormwater pursuant to the City's Waterway Management Plan Drainage Design Manual or, b) request in writing that the City assist in securing the property following procedures as outlined above. All costs associated with securing said rights including the eminent domain process shall be borne by the subdividers. 17. Prior to the approval of the public improvement plans the subdivider(s) shall have received an approved grading permit from the County of San Luis Obispo a written waiver for the construction of any facilities outside the City's corporate limits. Should San Luis Obispo County defer to the City for the processing of the grading permits for property outside the City corporate boundary, the subdivider(s) shall process the grading permit with the City Public Works Department concurrently with the improvements plans and pay all fees associated said grading in accordance with the Public Works Department Fee schedule for plan checking and inspection in effect at the time of permit processing. 18. To the degree feasible, shared driveways shall be utilized to reduce the number of driveway curb cuts in the subdivision and increase the provision of on- street parking. 19. The final map and its associated dedications should reflect the correct legal description; that is to say the offer of dedication for future Prado Road should be to the actual south property line as described in the legal description contained in an up -to -date title report. 20. Where a Class 1 bicycle path provides access across a public street, raised decorative paving, choke - downs, curb ramps and signage shall be provided and the street crossing shall be designed to direct pedestrians across the roadway in a perpendicular manner. 21. Prior to final map approval, details of the proposed roadway choke -downs shall be provided. Choke -downs adjacent to open space corridors shall be lengthened to include the Resolution No. 9777 (2006 Series) Page 13 entire length of the open space corridor. 22. Prior to final map approval, the landscaped roundabout proposed at the terminus of Margarita Avenue shall be designed to comply with Caltrans Standards Design Information Bulletin 80 and FHWA roundabout guidelines and address pedestrian and bicycle crossing areas. The proposed roundabout shall be landscaped and maintained by the homeowner's association. 23. Due to the potential for circulation conflicts given the lot's proximity to the proposed roundabout, the subdivider shall dedicate vehicular access rights to the City of San Luis Obispo for proposed Lot 24 onto "D" Street and said access restriction shall be shown on the Final Map. 24. Prior to final map approval, the subdivider shall demonstrate how Lots 47 and 48 will be developed with a shared driveway easement and a design that allows vehicles exiting the lots to exit in a forward motion to address the potential for circulation conflicts given the lots proximity to the proposed roundabout. Said easement shall be shown on the final map. 25. The final map shall include an irrevocable offer -of dedication to the public for road purposes across that portion of Lot 6 as necessary to provide an alternative alignment of Prado Road to the satisfaction of the Public Works Director. Said offer and final map shall recognize access restrictions to Prado Road from Lot 6. 26. Demolition permits are required from the Building Division for the removal of all existing structures. The permits shall be issued prior to approval of the public improvement plans. 27. Prior to final map approval, "L" Street shall be designed and constructed to comply with City standards which at a minimum include half -street improvements plus 12 feet. Off -site improvements, temporary construction easements or slope bank easements may be required in order to complete the necessary improvements. 28. Prior to final map approval, the design and location of the bus pullouts on "C" Street shall be coordinated with Tract 2342 (Cowan) and approved by the Public Works Director. Plans submitted for review shall include a bus turning diagram demonstrating a bus's ability to negotiate the turnout. The final design shall also include bus stop improvements and indicate how access to adjacent parcels is provided. As called for in the Specific Plan, the eastbound bus pullout shall be located on "C" Street east of "D" Street, not directly across from the westbound bus pullout as shown on project plans. 29. Prior to final map approval, the Prado Road cross section shall be redesigned to comply with the Margarita Area Specific Plan. 30. Prior to final map approval, traffic calming islands shown on "T' and "L" Streets shall be Resolution No. 9777 (2006 Series) Page 14 eliminated and replaced with other traffic calming devices. 31. Private alleys shall be designed for use by emergency vehicles and garbage trucks and shall be located within a public access easement. 32. Vehicular access rights along Prado Road shall be dedicated to the City. 33. The subdivider shall install private street lighting along the jvate internal streets per City standards and off -site up blc street lighting along Prado Road leading to and from the development, as determined by the Director of Public Works. All public street lighting installed by the developer shall include the luminaires as well as all wiring and conduit necessary to energize the light standards from PG& E's point of service. Water, Sewer & Utilities: 34. The subdivider's engineer shall submit water demand and wastewater generation calculations so that the City can make a determination as to the adequacy of the supporting infrastructure. If it is discovered that an off -site deficiency exists, the owner will be required to mitigate the deficiency as a part of the overall project. 35. Water meters shall be grouped in manifold pairs wherever possible, to the satisfaction of the Utilities Engineer. 36. The water mains, sewer mains, and sewer force mains when attached or included with a bridge, shall be sleeved and encased within the bridge structure or located above the lowest point so as to protect the pipelines from the high water flow. 37. Sewer backwater valves may be required on some lots. The subdivider's engineer shall apply the City's criteria to the design to determine which lots will need backwater valves on the sewer laterals, per City and UPC standards. 38. In areas where the pressure in the water system exceeds 80 psi, the service line shall include a pressure regulator downstream of the water meter, where the water service enters the building. 39. The sewer and water mains shall be located approximately 2m on either side of the street centerline. All final grades and alignments of all public water, sewer and storm drains (including service laterals and meters) are subject to modifications to the satisfaction of the Public Works Director and Utilities Engineer. 40. The subdivision layout and preliminary utility plans shall include provisions for irrigating common areas, parks, detention basins, and other large landscape areas with recycled water. Appropriately sized reclaimed water mains shall be designed and constructed from the Resolution No. 9777 (2006 Series) Page 15 City's trunk system to these irrigation areas. If other use areas exist beyond the proposed subdivision, the mains shall be appropriately sized to provide for future use areas and extended to the boundary of the tract. If reclaimed water is not available at the time the recycled water is needed, the 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 reclaimed water system. Grading & Drainage: 41. The final grading plan shall include provisions to comply with the soils engineer's recommendations, including mitigating cut slopes, debris flows uphill of the lots and truck access. The soils engineer shall supervise all grading operations and certify the stability of the slopes prior to acceptance of the tract and/or issuance of 42. Clearing of any portion of the existing creek and drainage channels, including any required tree removals, and any necessary erosion repairs shall be to done the satisfaction of the Public Works Director, Corp. of Engineers and the Dept. of Fish & Game. Certain trees may require safety pruning by a certified Arborist as determined by the City Arborist. Homeowners' Association: 43. The subdivider shall submit CC &R's with the Final Map that establishes a "Margarita Area Master Homeowner's Association" (Master HOA). The Master HOA shall include the subdivider's tract, and provide for the automatic annexation of all subsequent potential tracts within the Margarita Specific Plan area. The subsequent tracts may, at their sole discretion, annex to the Master HOA, or demonstrate to the city's satisfaction how many they may form their own, independent HOA, to manage their common area improvements. The Master HOA, and any and all subsequent HOA's not a part of the Master HOA, shall provide for maintenance of all common area drainage channels, on -site and/or sub - regional drainage basins and conveyance improvements and the Margarita median landscaping and trail network. The Master HOA shall also annually maintain a 30' wide wildland fuel reduction zone along all open space lots abutting developments within the MASP. The CC&R's shall be approved by the City Attorney prior to recordation of the Final Map, or any phase thereof. 44. The Master Homeowners' Association (MHOA) shall own and maintain all that portion of the lots designated as "Open Space" or "Wetlands Mitigation ". The MHOA shall also be responsible for maintenance of said lots. Those open space areas that accommodate trails intended for public use shall be maintained for public access in perpetuity. Maintenance responsibilities shall also include maintenance of any cut or fill slopes required to make the swale and berm. The storm drainage system within the private streets shall be privately owned and maintained by the MHOA (to be included in CC& R's). O O Resolution No. 9777 (2006 Series) Page 16 45. Subdivider shall prepare conditions, covenants, and restrictions (CC &R's) to be approved by the City Attorney and Community Development Director prior to final map approval. CC &R's shall contain the following provisions that pertain to all lots: a. Creation of a master homeowners' association if none exists or annexation into an existing MHOA, if one exists. b. No parking except in approved, designated spaces. c. No change in city - required provisions of the CC &R's without prior City Council approval. d. Provision for all of the maintenance responsibilities outlined in various conditions below. e. The subdivider shall submit common driveway agreements for those lots with shared access including maintenance provisions, to the approval of the Community Development Director at the time of final map approval. Paths/Open Space: 46. The multi-use paths should be 12 feet in width as called for in the Specific Plan, however the Natural Resource Manager and Public Works Director may approve a narrower path in locations that will only be used by pedestrians only or where environmental conditions wan-ant a narrower path based on in -the -field consideration. 47. Final design (including materials, location, width, bridging and lighting) of pathways shall be reviewed and approved by the Natural Resources Manager and Public Works Director. 48. Class I path crossings at public streets should be perpendicular to the street. A cross section should be developed to show transition of path up to the roadway crossing. A raised table -top design with decorative pavement, choke -downs (see above), and signage shall be provided and crossing shall be designed to direct pedestrians to cross the roadway in a direct perpendicular manner. Air Quality: 49. All activities associated with construction and operation for the subdivision map shall comply at all times with all current APCD Rules and Regulations as applicable, including but not limited to PM -10, NOx emissions, Best Available Control Technologies, construction activity management plans, and phasing techniques. . Housing Programs: Resolution No. 9777 (2006 Series) Page 17 50. Lot 105, the "condominium" lot, shall be dedicated to the Housing Authority prior to, or in conjunction with, recording the first phase of Tentative Tract 2353. Improvement plans for Phase 1 of Tentative Tract 2353 shall include complete access and infrastructure (roads, water, sewer, and utilities) to serve the Housing Authority sites. Additional affordable housing requirements will be required if the average residential unit size of the entire Tentative Tract 2353 exceeds 2,000 square feet as per Table 2A of the City Housing Element. Planning Requirements: 51. Bulb outs at "T" intersections need to be added to the straight leg "crossing the `T "' and elongated such that pedestrian crossings are at 90 degrees to the opposing bulb out transitions for the intersecting street leg. 52. Bulb -outs shall be provided at alley access points to street to provide line of sight where red curbing would otherwise be needed. 53. Development. of lots adjacent to El Camino Estates or the proposed VTM #2428 where pad elevations differ by four or more feet shall be limited to single -story development and increased. rear yard setbacks of a minimum of 10 feet, or equivalent design techniques that maximize privacy protection for the adjacent lot as approved by the Architectural Review Commission. 54. For lots with slope banks 3:1 or steeper adjacent to the property line and drainage structures in the rear yards, the subdivider shall designate the entire slope bank as a slope easement to be maintained by the HOA. A deed restriction shall be,placed on all lots with this situation so that a 6 foot high privacy fence shall be installed and maintained at the top of the slope 55. All lighting within the subdivision shall comply with the lighting standards contained in the San Luis Obispo Community Design Guidelines and as further stipulated in the Mitigation Measures listed below. 56. In order to be consistent with the requirements of the Margarita Area Specific Plan and County Airport Land Use Plan, the property owner shall grant an avigation easement for the benefit and protection of the City of San Luis Obispo, the County of San Luis Obispo and the San Luis Obispo County Airport via an avigation easement document prior to the recordation of the final map. 57. In the event archaeological resources are discovered in conjunction with a construction project, all activities shall cease and the Community Development Department shall be notified so that the procedures required by state law may be applied. 58. New development shall implement all feasible measures to minimize the use of conventional energy for space heating and cooling, water heating and illumination by means of proper C- Resolution No. 9777 (2006 Series) Page 18 design and orientation, including the provision and protection of solar exposure. 59. As set forth in the Margarita Area Specific Plan, there shall be a minimum setback of 157 feet for new residential uses from the centerline of Prado Road. 60. For interior streets (not Prado Road), a 15 -foot public street yard shall be allowed for homes and a 20 -foot street yard for garages with doors facing the public street. 61. Islands in "J" street should be moved farther back of the intersection and designed to accommodate appropriately located pedestrian crossing to align with bulb- outs. Islands shall be landscaped and in such a way so as to not obstruct left and right line of sight to approaching cars from intersecting streets. Code Requirements: Traffic impact fees and water and wastewater impact fees shall be paid as a condition of issuance of building permits. 2. The property is tributary to the Laguna Sewer Lift Station. Appropriate Lift Station Fees shall be paid prior to the final map approval. 3 Appropriate backflow prevention will be necessary on any connection to the City water system if the property includes an active well. 4 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 results 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 require 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. 5 The subdivision design shall comply with the City's grading ordinance. 6 Street trees shall be planted along the private street per City Standards (the number of trees is determined by one tree per 35 linear feet of street frontage). 7 All boundary monuments, lot corners and centerline intersections, BC's, EC's, etc., shall be tied to the City's Horizontal Control Network. At least two control points shall be used and a tabulation of the coordinates shall be submitted with the final map or parcel map. All coordinates submitted shall be based on the City coordinate system. A 3:5" diameter computer floppy disk, containing the appropriate data compatible with AutoCAD (Digital CI iD Resolution No. 9777 (2006 Series) Page 19 Interchange Format, DXF) for Geographic Information System (GIS) purposes, shall be submitted to the City Engineer. 8 The final map, public improvement plans and specifications shall use the International System of Units (metric system). The English System of Units may be used on the final map where necessary (e.g. - all record data shall be entered on the map in the record units, metric translations should be in parenthesis), to the approval of the City Engineer. 9. Access shall be in accordance with Article 9 of the California Fire Code (CFC). Access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of 13' 6 ". 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. All cul -de -sacs shall be minimum 40 foot radius. 10. Approved address numbers shall be placed on all new buildings in such a position to be plainly visible and legible from the street fronting the property. Numbers shall be a minimum of 5" high x' /s" stroke and be on a contrasting background. 11. Water Supplies and fire hydrants shall be provided in accordance with applicable articles of the CFC. An approved water supply capable of providing the required fire flow for fire protection is required. The fire flow shall be determined using applicable Appendices of the CFC. 12. Fire protection systems shall be installed in accordance with the CFC and the California Building Code. An approved NFPA system will be required for this project. 13. Fire hydrants shall be spaced per SLO -FD Guidelines (placement with Fire Department approval) and shall be capable of supplying the required fire-flows. On motion of Vice Mayor Settle, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Brown, Ewan and Mulholland, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: None The foregoing resolution was passed and adopted this 7th day of March 2006. i Resolution No. 9777 (2006 Series) Page 20 ATTEST: Audrey H per City Cle APPROVED AS TO FORM: Jon P. Lowell City Attorney Mayor David F. Romero ozi) - \j Lob � �a- 1; nom RESOLUTION NO. 9776 (2006 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A VESTING TENTATIVE TRACT MAP AND MITIGATED NEGATIVE DECLARATION FOR PROPERTY LOCATED AT 392 PRADO ROAD (TR/ER 63-05; TRACT NO. 2342) 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 January 25, 2006, and recommended approval of Application TR/ER 63 -05, a request to subdivide an approximately 15 -acre site into 67 lots; 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 March 7, 2006, for the purpose of considering Application TR/ER 63 -05; 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 reviewed and considered the Mitigated Negative Declaration of environmental impact for the project; and WHEREAS, the City Council has duly considered all evidence, including the recommendation of the Planning Commission, testimony of interested parties, and the evaluation and recommendations of staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. Based upon all the evidence, the City Council makes the following findings: 1. The design of the vesting tentative tract map is consistent with the General Plan because the proposed subdivision respects existing site constraints (slope, creeks, wetlands, significant trees), will incrementally add to the City's residential housing inventory, result in parcels that meet density standards, and will be consistent with the density and lot sizes established by the Margarita Area Specific Plan. 2. The site is physically suited for the proposed type of development allowed in the R -1 -SP, R- 2-SP, and O -SP zones. 3. The design of the subdivision will not conflict with easements for access through (or use of property within) the proposed subdivision. R 9776 Resolution No. 9776 (2006 Series) Page 2 4. The subdivision will not have a significant adverse impact on the environment, subject to the mitigation measures of the Final Environmental Impact Report (EIR) certified by the City Council on October 12, 2004 being incorporated into the project, the mitigation monitoring program adopted with said EIR approval being followed and mitigation measures recommended herein. 5. A Mitigated Negative Declaration was prepared by the Community Development Department on January 9, 2006. The Planning Commission finds and determines that the project's Mitigated Negative Declaration adequately addresses the potential significant environmental impacts of the proposed project. SECTION 2. Environmental Review. The City Council finds and determines that the project's Mitigated Negative Declaration adequately addresses the potential significant environmental impacts of the proposed project, and reflects the independent judgment of the City Council. The Council hereby adopts said Mitigated Negative Declaration and incorporates the following mitigation measures and monitoring programs into the project: Mitigation Measures: Reduction of Light and Glare 1. In order for MASP /AASP EIR Mitigation Measure LU -7.1 as implemented by the MASP to be carried through to lot- specific development stage, a lighting plan that demonstrates compliance with Community Design Section 3.3 Lighting requirements of the MASP shall be submitted with other required plans for both the residential and commercial components of the project to the review and approval of the Architectural Review Commission (ARC). The lighting plan shall propose specific measures to limit the amount of light trespass associated with development within the project area including shielding and/or directional lighting methods to ensure that spillover light does not exceed 0.5 foot - candles at adjacent property lines. ➢ Monitoring Program: The ARC will review development plans for both the residential and commercial components of the project. City staff, including Planning and other departments, will review plans to assure that all of the ARC'S requirements related to lighting and compliant with the MASP provisions have been incorporated into working drawings. City building inspectors will be responsible for assuring that all lighting is installed pursuant to the approved lighting plan. Resolution No. 9776 (2006 Series) Page 3 Preparation and Implementation of "Comprehensive Biological Mitigation Program" 2. Mitigation for wetland impacts. Mitigation for wetland impacts will be through a combination of on- and off -site mitigation, approved by the City, the DFG and the Army Corps of Engineers. Further, in compliance with the MASP /AASP EIR, the subject VTM #2342 (Cowan) proposes the creation of Lot Z in an area designated by the MASP for "Open Space - Riparian" for the express purposes of achieving some of the necessary wetlands replacement mitigation area, as well as preservation of related biological habitat benefits. 3. Mitigation for Impacts to Sensitive Species. None of these species are expected to be difficult to establish. City staff will work with the project sponsors in developing the details of the effort. Congdon Tarplant. Create compensating habitat in a suitable off -site location approved by the City. 4. Mitigation for Impacts to Other Nesting Birds. Undertake surveys prior to initiation of construction activities; avoid construction activities within 100 feet of active nest sites, or within 300 feet for raptor nests, until after young have fledged. 5. Off Site Mitigation for Wetland Impacts. A further component of the biological mitigation program is the applicant's proposal to acquire (by fee, easement, or eminent domain) lands outside the bounds of the Western Enclave (designated by the MASP as "Open Space - Riparian" lands). The targeted property (lying south of Prado Road and owned by Unocal) is a low lying area that already naturally collects some area run -off and provides valuable habitat for certain special concern and R -T -E (rare, threatened, and endangered) species, and thus is beneficial to retain in its natural state. Pre- development run -off has resulted in seasonal flooding of Prado Road due to the currently deficient collection/distribution system to this natural drainage area south of Prado Road. The Western Enclave applicants propose to acquire this off -site property designated for open space use by the MASP and utilize it beneficially for biological mitigation as well as a detention basin for pre- and post - Western Enclave development generated run -off. It is proposed that this basin be enhanced to accommodate the greater project - generated and pre - project run -off flows, and to increase its habitat value in the long term. The basin is proposed to be held and maintained by a Master Home Owners Association (MIIOA) established initially for the Western Enclave area, and perhaps ultimately for the entire MASP as stipulated be done by the MASP. a. Monitoring Program: Prior to approval of the final map, the applicant shall contact the City Natural Resource Manager for review and approval of the final lot and street Resolution No. 9776 (2006 Series) Page 4 design to assure that on -site natural resources are protected and preserved to the greatest extent required by the mitigation measures and consistent with requirements of the MASP and MASP /AASP EIR. Said design shall also be consistent with approvals required subsequent to this Tentative Map from State Dept. of Fish and Game and Army Corps of Engineers. Prior to any site preparation or construction activities, the applicant shall also initiate and complete for approval by the City pre- construction surveys for nesting birds and adhere to performance standard specified in the mitigation. Provisions for required off -site mitigation shall be coordinated with and approved by the City Natural Resource Manager prior to recordation of the Final Map. Periodic field inspections by City Staff during construction will be necessary to assure site development conforms to mitigation measures and conditions of approval. Preparation and Implementation of "Traffic Reduction Program" 6. In order for MASP /RASP EIR Mitigation Measure T -2.1 adopted with the certification of the MASP /AASP EIR in conjunction with the approval of the AASP in August, 2005 (Ref. City Council Resolution No. 9726, 2005 Series) to be brought forward to this site specific project stage, a transportation demand management program that demonstrates reduction of peak period travel by single- occupant vehicles shall be required of any employer within the subdivision with 25 or more employees. Said program shall incorporate all reasonably feasible measures or techniques, including those listed in the MASP /AASP EIR/General Plan Circulation, that encourage alternate modes other than single - occupant vehicles as the primary mode of transportation to the workplace and to travel during non -peak times. ➢ Monitoring Program: Each business owner, upon employment of 25 or more employees, shall immediately prepare and submit, obtain approval from the City Public Works Director and implement the provisions of a Traffic Reduction Plan which demonstrates reduction of peak period travel consistent with requirements of the City General Plan Circulation Element Policies and Programs. City Staff shall periodically inspect the business to observe and assure that reduction techniques approved by the City are in place and adhered to by the business. Staff shall take any corrective or enforcement actions authorized by law to achieve compliance. Preparation and Implementation of a "Construction - Related Hazardous Materials Management Plan" 7. As stipulated in the MASP /AASP EIR, this would be a plan identifying, when they are known, site /development - specific construction activities that will involve the hazardous materials. The plan shall be prepared before construction activities begin that involve hazardous materials and shall discuss proper handling and disposal of materials used or produced onsite, such as petroleum products, concrete, and sanitary waste. The plan o � Resolution No. 9776 (2006 Series) Page 5 will also outline a specific protocol to identify health risks associated with the presence of chemical compounds in the soil and/or groundwater and identify specific protective measures to be followed by the workers entering the work area. If the presence of hazardous materials is suspected or encountered during construction- related activities, the project proponent will cause Mitigation Measure HAZ -1.2 to be activated. Mitigation Measure HAZ -1.2 states: "The project proponent will complete a Phase I environmental site assessment for each proposed public facility (e.g. streets and buried infrastructure). If Phase I site assessments indicate a potential for soil and/or groundwater contamination within or adjacent to the road or utility alignments, a Phase 11 site assessment will be completed. The following Phase II environmental site assessments will be prepared specific to soil and/or groundwater contamination. a Soil Contamination. For soil contamination, the Phase II site assessment will include soil sampling and analysis for anticipated contaminating substances. If soil contamination is exposed during construction, the San Luis Obispo Fire Department ( SLOFD) will be notified and a work plan to characterize ' and possibly remove contaminated soil will be prepared, submitted and approved. b. Groundwater Contamination. For groundwater contamination, the Phase II assessment may include monitoring well installation, groundwater sampling, and analysis for anticipated contaminating substances. If groundwater contaminated by potentially hazardous materials is expected to be extracted during dewatering, the SLOFD and the Central Coast RWQCB will be notified. A contingency plan to dispose of contaminated groundwater will be developed in agreement with the SLOFD and Central Coast RWQCB. Monitoring Program: The "Construction- Related Hazardous Materials Management Plan" will be required to be submitted to the City Community Development Department and Fire Department for review prior to commencement of any site preparation or construction work involving hazardous materials. No site preparation or construction work may commence before said plan has been approved by the City. Any site work commenced without City approval of said Plan will be subject to "Stop Work" (cease and desist) orders as may be issued under the authority of the City Fire Department. Preparation and Implementation of an " Operations - Related Hazardous Materials Management Plan" 8. As stipulated in the MASP /AASP EIR, this would be a plan prepared by a project proponent identifying hazardous materials management practices as might be required Resolution No. 9776 (2006 Series) Page 6 by state and local laws and regulations regarding delivery, use, manufacture, and storage of any such regulated materials might be present on site for any operations - related activities. This plan would identify the proper handling and disposal of materials uses or produced onsite, such as petroleum products, concrete, and sanitary waste. By the filing of said Plan, the City Fire Department will be on notice to provide regular and routine fire and life - safety inspections to determine compliance with applicable health and safety codes. ➢ Monitoring Program: The "Operations- Related Hazardous Materials Management Plan" will be required to be submitted by a project proponent to the City Community Development Department and City Fire Department for review prior to the establishment of any operations - related activities. SECTION 3. Action. The City Council does hereby approve Application TR/ER 63 -05 with incorporation of the following conditions and code requirements into the project: Conditions:. Streets: 1. Prior to recordation of the vesting final map, or any phase thereof, the subdivider shall present a detailed schedule and delivery "Plan", to be approved by the Public Works Director, for the improvement of Prado Road between its eastern terminus at the current City boundary and Broad Street. For the purposes of this condition, the Prado Road Extension (PRE) shall be referenced in two segments. The first segment shall be the new roadway from the present easterly terminus (City boundary) of Prado Road extending easterly to the intersection of proposed "M" Street on Tract 2353 (the "Sierra Gardens (DeBlauw) property as shown in the Margarita Area Specific Plan (MASP)). This first segment shall be referred to as the " Prado Road Extension - Western Enclave" segment (PRE -WE). The second segment shall be from the Prado Road/ "M" Street intersection on Tract 2353, easterly, to Broad Street. This second segment shall be referred to as the " Prado Road Extension - "M" Street to Broad" segment (PRE -MB). At a minimum, the Plan shall address the following milestones for right -of -way acquisition, design and construction: a. At the time of submittal of any plans for final map and/or improvement plan checking: The subdivider shall submit construction drawings and specifications for the full width improvement of the " Prado Road Extension - Western Enclave" segment (PRE -WE), and shall submit schematic plans for the full width improvement of the " Prado Road Extension - "M" Street to Broad" segment (PRE -MB). The final map and improvement plans will follow approximately 6 months after the date of the approval of the Tentative Resolution No. 9776 (2006 Series) Page 7 Map. During this time the City as well as area property owners will be involved in the review of updated drafts and the selection of the proper engineering company 8 well as overseeing the design. Following Tentative Map approval, the Western Enclave Property Owners (WEPO) and the City will establish a Stakeholder Group comprised of MASP property owners and public utility companies, etc. to augment/expedite the conceptual design of the PRE -MB component of the Roadway. b. The PRE -WE plans shall include 4 travel lanes, bike paths and lanes, sidewalks, utilities, storm drainage, landscaping, center median improvements and other necessary street appurtenances or as otherwise approved by the Director of Public Works. c. Off -site dedication of property for public right -of -way purposes is necessary to facilitate the construction of Prado Road. The subdivider shall exhaust all avenues available to acquire said public right -of -way dedication. In the event the subdivider is unable to acquire said property, the City Council will lend the subdivider its powers of condemnation to acquire the off -site right -of -way dedication, including any necessary slope and drainage easements. If condemnation is required, the subdivider shall agree to pay all costs associated with the off -site right -of -way acquisition (including attorney and court costs). The subdivider is responsible for construction of the necessary street improvements and striping, to the satisfaction of the Public Works Director.) d. Subject to the availability of necessary right -of -way, the subdivider shall complete construction of the PRE -WE segment prior to occupancy of the 50th unit within the subdivision. If right -of -way is not available at the time of approval of the final map, the subdivider may submit a plan for providing interim, secondary access to the WEPO properties that is subject to approval by the Public Works Director. This secondary access shall be completed prior to granting of occupancy permits and may be required to be removed at a later time when additional access is provided from adjacent properties. e. At the time of recording the final map, the subdivider shall bond for the completion of the engineering plans and specifications, environmental review, if necessary, and associated construction permits for the PRE -MB segment. The subdivider shall complete the construction drawings and specifications for the PRE -MB segment on or before the 100th unit is occupied in the Western Enclave (approx. 1 year after Tentative Map Approval). If, at the time of Final Map approval, a detailed engineered cost estimate for the PRE -MB section of roadway has not yet been completed, the City may require that the developer (property owners) sign a waiver not opposing the possible future formation of a community facilities district or other such financing mechanism, that would fund any final project costs for the construction of PRE -MB that are not contained in the Margarita Area Specific Plan Impact Fee estimates. f. Subject to the availability of necessary right -of -way, the subdivider shall, at a minimum: o Resolution No. 9776 (2006 Series) Page 8 (1) initiate the construction of the northern half, or some modified section of the roadway subject to approval by the Director of Public Works, of the PRE -MB segment prior to occupancy of the 200th residential unit in the Western Enclave (approx. 3 years after Tentative Map Approval) , and (2) complete construction of the northern half of the PRE- M3 segment prior to occupancy of the 300th residential unit in the Western Enclave (approx. 5 years after Tentative Map Approval). If right -of -way is not available at the time of requests for occupancy, the City will determine if public acquisition of said right - of -way is necessary or the subdivider will be required to submit an interim plan for providing secondary access the Western Enclave that shall be approved by the Public Works Director. g. As a part of the submittal of the plan for improvements to Prado Road, the subdivider shall submit a reimbursement proposal and schedule for the costs associated with the environmental, engineering and construction of Prado Road in its entirety, as established by the MASP. Subject to final approval of the City, the proposal may include fee credits and/or other appropriate mechanisms that may be applied against non -TIF city-wide and MASP impact fees as development occurs, to facilitate completion of the Prado Road extension. h. A second access off Prado to service VTTM 2353 (DeBlauw) can be incorporated on an interim basis at the time of construction of PRE -WE and will remain in place until PRE - MB is completed and an additional access point is provided at an adopted MASP location. 2. Margarita Area Specific Plan Impact Fees, as adopted by the City of San Luis Obispo, shall be paid prior to issuance of each building permit subject to condition I.g. above. 3. The public improvement plans for VTTM 2353, VTTM 2428 and VTTM 2342 shall consider the proposed or required phasing to be completed by the combined development known as Margarita Area Specific Plan western enclave. The public improvement plans for each subdivision shall include any offsite improvements as considered necessary by the Director of Public Works to provide a reasonable transition between the subdivisions in the case that one project is developed before another. The scope of required improvements shall be approved to the satisfaction of the Public Works Director. 4. The final subdivision design and improvements shall comply with the Margarita Area Specific Plan and all other City of San Luis Obispo Design Standards, Engineering Standards and Standard Plans and Specifications. 5. The final design, location, and number of traffic calming measures including bulb -outs, choke - downs, tabletops, roundabouts, neck- downs, etc. shall be reviewed and approved by the Public Works Director. Plans submitted for review shall include a truck turning diagram demonstrating a truck's ability to negotiate the traffic calming features. Additional or CJ Resolution No. 9776 (2006 Series) Page 9 alternative traffic control measures may be required to comply with the Specific Plan objective to "foster traffic volumes and speeds that will be compatible with the neighborhood." 6. Pursuant to the Margarita Area Specific Plan, traffic volume and speeds shall be monitored after development. The subdivider shall retain a qualified traffic consultant to conduct traffic counts throughout the subdivision at locations approved by the Public Works Director. If traffic speeds or volumes exceed City standards during counts taken by the subdivider one year after final occupancy of complete build -out of the subdivision or acceptance of public improvements whichever occurs later, the subdivider shall be responsible for installing additional traffic calming measures to the approval of the Public Works Director to reduce volume and speeds to comply with City standards. As an alternative to the above, prior to final map recordation, the Western Enclave property owners may pay a one -time non- refundable contribution to the City's Neighborhood Traffic Management Program in the amount of $130,000 to fund future traffic calming efforts in the City. 7. The subdivision design shall include directional curb ramps wherever possible. The inclusion of bulb -outs at directional curb ramp locations is encouraged to decrease the roadway width to be crossed by a pedestrian. 8. Prior to approval of improvement plans, alternative paving materials proposed within the public right -of -way shall be approved by the Public Works Director. Alternative paving materials shall be maintained by the Homeowner's Association. 9. Common areas (except Lot Z- Wetlands Replacement), landscaped parkways and Class I pathways (other than Prado Road) shall be owned and maintained in perpetuity for public use by the Master Homeowner's Association. Water meters for common landscape areas including but not limited to parkways, medians, roundabouts and pathway corridors are subject to water impact fees and shall be paid for by the subdivider. On & Off -Site Improvements: 10. With respect to all off -site improvements, prior to filing of the Final Map, the Subdivider(s) shall either: a. Clearly demonstrate their right to construct the improvements by showing title or interest in the property in a form acceptable to the City Engineer; or b. Request in writing that the subdivider has exhausted all reasonable efforts to acquire interest to the subject property and that the City assist in acquiring the property required for the construction of such improvements and exercise its power of eminent domain in accordance with Government Code Section 66462.5 to do so, if necessary. Subdivider shall also enter into an agreement with the City to pay all costs of such acquisition, Resolution No. 9776 (2006 Series) Page 10 including, but not limited to, all costs associated with condemnation. Said agreement shall be in a form acceptable to the City Engineer and the City Attorney. If condemnation proceedings are required, the Subdivider shall, no later that 90 days prior to recordation of the Final Map (final Parcel Map), submit, in a form acceptable to the City Engineer, the following documents regarding the property to be acquired: Property legal description and sketch stamped and signed by a Licensed Land Surveyor or Civil Engineer authorized to practice land surveying in the State of California. ii. Preliminary title report including chain of title and litigation guarantee; iii. Appraisal of the property by a City approved appraiser. In the course of obtaining such appraisal, the property owner(s) must be given an opportunity to accompany the appraiser during any inspection of the property or acknowledge in writing that they knowingly waived the right to do so. iv. Copies of all written correspondence with off -site property owners including purchase summary of formal offers and counter offers to purchase at the appraised price. v. Prior to submittal of the aforementioned documents for City Engineer approval, the Subdivider shall deposit with the City all or a portion of the anticipated costs, as determined by the City Attorney, of the condemnation proceedings. The City does not and cannot guarantee that the necessary property rights can be acquired or will, in fact, be acquired. All necessary procedures of law would apply and would have to be followed. 11. Should the final design for the stormwater detention basin require the installation of a stormwater pumping station in order to provide an outlet for the detention basin, the final pump station design shall be in accordance with Section 8 of the WWMP -DDM and the following" a. The pump station shall be a triplex design. b. The pump station shall be designed to discharge at the 100 year pre - developed rate with all three pumps running, the 10 year-pre- developed rate with two pumps running and the 2 year pre- developed rate with only one pump in operation. At no time shall the pump discharge rate exceed that of the pre- development flow rates for each of the design storms. Or the pump station shall consist for a variable speed drive that matches the required discharge regime. c. The pump discharge shall be designed such that no erosion damage will occur. Resolution No. 9776 (2006 Series) Page 11 d. The pump shall discharge into a natural waterway or into an easement to which the subdividers, their heirs and/or assigns have rights to. 12. The final subdivision design shall incorporate stormwater quality Best Management Practices (BMPs) with the January 2005 edition of the Engineering Standards, shall be designed to treat the stormwater runoff from all developed surfaces excluding rooftops but including all private and public streets, and shall be subject to the approval of the City Engineer. 13. The final design of any stormwater detention or treatment facilities shall incorporate all recommendations from the final geotechnical report into the design of said facilities. The final geotechnical report shall address the effect, if any, of detaining stormwater in close proximity to the existing soil contamination. 14. The final design of the proposed off -site stormwater detention facilities shall also take into consideration the effects on 100 year floodplain (as identified as an undesignated "A Zone ") on the FEMA FIRM Panel (as modified by the LOMR dated August 23, 2003) for San Luis Obispo County, from the unnamed tributary to the East Fork of San Luis Obispo Creek and shall establish the base flood elevation, process a CLOMR or CLOMR -F with FEMA prior to approval of any plans for ground disturbing activities; then process the final documents once Grading is complete. The design of any stormwater facilities shall be in compliance with the WWMP -DDM requirement for construction within a Special Floodplain Management Zone; i.e. no significant net loss of floodplain storage. 15. The subdivider shall secure the rights for the regional stormwater detention basin prior to or concurrently with the final subdivision maps. Should the subdividers be unsuccessful in acquiring off site property for the construction of the stormwater facilities, the subdivider shall either: a) revise the maps to reflect appropriately sized on -site detention of stormwater pursuant to the City's Waterway Management Plan Drainage Design Manual or, b) request in writing that the City assist in securing the property following procedures outlined above. All costs associated with securing said rights including the eminent domain process shall be bome by the subdividers. 16. Prior to the approval of the public improvement plans the subdivider(s) shall have received an approved grading permit from the County of San Luis Obispo a written waiver for the construction of any facilities outside the City's corporate limits. Should San Luis Obispo County defer to the City for the processing of the grading permits for property outside the City corporate boundary, the subdivider(s) shall process the grading permit with the City Public Works Department concurrently with the improvements plans and pay all fees associated said grading in accordance with the Public Works Department Fee schedule for plan checking and inspection in effect at the time of permit processing. 17. Improvement plans shall show how project streets and sidewalks are connected with Resolution No. 9776 (2006 Series) Page 12 existing improvements on Calle Malva Calle Jazmin and Prado Road to the satisfaction of the Public Works Director. Plans shall also show how driveway access is maintained on adjacent lots on Calle Malva and Calle Jazmin. 18. The parking lot designs shown on the tentative map are not approved as part of the subdivision. Final design of parking lots shall be reviewed and approved by the City's Architectural Review Commission. Final maps shall establish reciprocal access to /from adjacent parking lots and shall be designed to comply with City standards. 19. The public improvement plans shall show Prado Road street lights shall be located within the center landscaped median rather than along each side of the roadway. 20. The public improvement plans shall show the fire hydrant shown within Prado Road shall be relocated outside of the roadway. 21. The public improvement plans shall show the landscaped roundabout proposed on Prado Road shall be designed to comply with Caltrans Standards Design Information Bulletin 80 and FHWA roundabout guidelines and address pedestrian and bicycle crossing areas. 22. The public improvement plans shall show the final design and location of the bus pullouts and transit facilities on "C" Street coordinated with Tract 2353 (DeBlauw) and approved by the Public Works Director. Plans submitted for review shall include a bus turning diagram demonstrating a bus's ability to negotiate the turnout. The final design shall also include bus stop improvements and indicate how access to adjacent parcels is provided. 23. The public improvement plans shall show the private alleys are designed to accommodate both garbage truck and emergency vehicle access, including required turnaround, structural section and geometrics. The subdivider shall show the alleys within a public access easement on the Final Map. 24. Prior to final map approval, the proposed Class 1 pathway between "A" Street and Prado Road shall terminate at the Prado Road Class 1 pathway and not provide a direct connection to the Prado Road roadway. 25. A portion of the westerly half of the proposed subdivision is within the area shown on the San Luis Obispo County FEMA FIRM panel as being subject to inundation from flood waters due to the runoff from the 100 year storm. Since the area of inundation does not have a base flood elevation (BFE) established, the subdivider shall establish the 100 year BFE, and prior to the approval of plans for any ground disturbing activities. The subdivider shall process either a CLOMR or CLOMR-F through FEMA to allow for construction of both residential and non - residential structures. The analysis required for the CLOMWCLOMR -F shall show that the proposed finish floors of the structures are at least one foot above the 100 year flood elevation and does not significantly reduced the (. 3 Resolution No. 9776 (2006 Series) Page 13 amount of floodplain storage per the WWMP -DDM. Once construction is complete, but prior to final occupancy, the subdivider /developer shall finalize the CLOMR with a final Letter of Map Change (LOMC) through FEMA. 26. Vehicular access rights along Prado Road shall be dedicated to the City. 27. The subdivider shall install private street lighting along the np •vate internal streets per City standards and off -site up blic street lighting along Prado Road leading to and from the development, as determined by the Director of Public Works. All public street lighting installed by the developer shall include the luminaires as well as all wiring and conduit necessary to energize the light standards from PG& E's point of service. Water, Sewer & Utilities: 28. The subdivider's engineer shall submit water demand and wastewater generation calculations so that - the City can make a determination as to the adequacy of the supporting infrastructure. If it is discovered that an off -site deficiency exists, the owner will be required to mitigate the deficiency as a part of the overall project. 29. Water meters shall be grouped in manifold pairs wherever possible, to the satisfaction of the Utilities Engineer. 30. The water mains, sewer mains, and sewer force mains when attached or included with a bridge, shall be sleeved and encased within the bridge structure or located above the lowest point so as to protect the pipelines from the high water flow. 31. Sewer backwater valves may be required on some lots. The subdivider's engineer shall apply the City's criteria to the design to determine which lots will need backwater valves on the sewer laterals, per City and UPC standards. 32. In areas where the pressure in the water system exceeds 80 psi, the service line shall include a pressure regulator downstream of the water meter, where the water service enters the building. 33. The sewer and water mains shall be located approximately 2m on either side of the street centerline. All final grades and alignments of all public water, sewer and storm drains (including service laterals and meters) are subject to modifications to the satisfaction of the Public Works Director and Utilities Engineer. 34. The subdivision layout and preliminary utility plans shall include provisions for irrigating common areas, parks, detention basins, and other large landscape areas with recycled water. Appropriately sized reclaimed water mains shall be designed and constructed from the City's trunk system to these irrigation areas. If other use areas exist beyond the Resolution No. 9776 (2006 Series) Page 14 proposed subdivision, the mains shall be appropriately sized to provide for future use areas and extended to the boundary of the tract. If reclaimed water is not available at the time the recycled water is needed, the 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 reclaimed water system. 35. The well on Lot Q shall only be used for irrigation purposes on Lot Q or otherwise shall be properly abandoned in compliance with all applicable regulations. Grading & Drainage: 36. The final grading plan shall include provisions to comply with the soils engineer's recommendations, including mitigating cut slopes, debris flows uphill of the lots and truck access. The soils engineer shall supervise all grading operations and certify the stability of the slopes prior to acceptance of the tract and/or issuance of building permits. 37. Clearing of any portion of the existing creek and drainage channels, including any required tree removals, and any necessary erosion repairs shall be to done the satisfaction of the Public Works Director, Corp. of Engineers and the Dept. of Fish & Game. Certain trees may require safety pruning by a certified Arborist as determined by the City Arborist. Homeowners' Association: 38. The subdivider shall submit CC &R's with the Final Map that establishes a "Margarita Area Master Homeowner's Association" (Master HOA). The Master HOA shall include the subdivider's tract, and provide for the automatic annexation of all subsequent potential tracts within the Margarita Specific Plan area. The subsequent tracts may, at their sole discretion, annex to the Master HOA, or demonstrate to the city's satisfaction how many they may form their own, independent HOA, to manage their common area improvements. The Master HOA, and any and all subsequent HOA's not a part of the Master HOA, shall provide for maintenance of all common area drainage channels, on- site and/or sub - regional drainage basins and conveyance improvements and the Margarita median landscaping and trail network. The Master HOA shall also annually maintain a 30' wide wildland fuel reduction zone along all open space lots abutting developments within the MASP. The CC &R's shall be approved by the City Attorney prior to recordation of the Final Map, or any phase thereof. 39. The Master Homeowners' Association (MHOA) shall own and maintain all that portion of the Lot Z designated as "Wetlands Mitigation ". Maintenance responsibilities shall include maintenance of any cut or fill slopes required to make the swale and berm. The storm drainage system within the private streets shall be privately owned and maintained Resolution No. 9776 (2006 Series) Page 15 by the MHOA (to be included in CC& R's). Those open space areas that accommodate trails intended for public use shall be maintained for public access in perpetuity. 40. Subdivider shall prepare conditions, covenants, and restrictions (CC &R's) to be approved by the City Attorney and Community Development Director prior to final map approval. CC &R's shall contain the following provisions that pertain to all lots: a. Creation of a master homeowners' association if none exists or annexation into an existing MHOA, if one exists. b. No parking except in approved, designated spaces. c. No change in city - required provisions of the CC &R's without prior City Council approval. d. Provision for all of the maintenance responsibilities outlined in various conditions below. e. The subdivider shall submit common driveway agreements for those lots with shared access including maintenance provisions, to the approval of the Community Development Director at the time of final map approval. PatWOpen Space: 41. The multi-use paths should be 12 feet in width as called for in the Specific Plan, however the Natural Resource Manager and Public Works Director may approve a narrower path in locations that will only be used by pedestrians only or where environmental conditions warrant a narrower path based on in- the -field consideration. 42. Final design (including materials, location, width, bridging and lighting) of pathways shall be reviewed and approved by the Natural Resources Manager and Public Works Director. Air Quality: 43. All activities associated with construction and operation for the subdivision map shall comply at all times with all current APCD Rules and Regulations as applicable, including but not limited to PM -10, NOx emissions, Best Available Control Technologies, construction activity management plans, and phasing techniques. Housing Programs: Resolution No. 9776 (2006 Series) Page 16 44. To provide the required affordable units for Tentative Tract 2342, six units shall be constructed for low- and moderate - income households (4 moderate, 2 low income) in the R- 1 and/or R -2 zones. These units shall be intermixed throughout Tract 2342. These "affordable" units shall be comparable in appearance and quality to the market -rate units. This condition shall become null and void upon the land dedication and completion of associated access /infrastructure improvements for Lot 105 of Tentative Tract 2353. 45. The Inclusionary Housing requirement for the BPO property shall be met prior to building permit issuance. Planning Requirements: 46. Bulb outs at "T" intersections need to be added to the straight leg "crossing the `T "' and elongated such that pedestrian crossings are at 90 degrees to the opposing bulb out transitions for the intersecting street leg. 47. Bulb -outs shall be provided at alley access points to street to provide line of sight where red curbing would otherwise be needed. 48. All lighting within the subdivision shall comply with the lighting standards contained in the San Luis Obispo Community Design Guidelines and as further stipulated in the Mitigation Measures listed below. 49. In order to be consistent with the requirements of the Margarita Area Specific Plan and County Airport Land Use Plan, the property owner shall grant an avigation easement for the benefit and protection of the City of San Luis Obispo, the County of San Luis Obispo and the San Luis Obispo County Airport via an avigation easement document prior to the recordation of the final map. 50. In the event archaeological resources are discovered in conjunction with a construction project, all activities shall cease and the Community Development Department shall be notified so that the procedures required by state law may be applied. 51. New development shall implement all feasible measures to minimize the use of conventional energy for space heating and cooling, water heating and illumination by means of proper design and orientation, including the provision and protection of solar exposure. 52. As set forth in the Margarita Area Specific Plan, there shall be a minimum setback of 157 feet for new residential uses from the centerline of Prado Road. 53. 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 Resolution No. 9776 (2006 Series) Page 17 aside, void or annul, the approval by the City of this subdivision, and all actions relating thereto, including but not limited to environmental review. 54. For interior streets (not Prado Road), a 15 -foot public street yard shall be allowed for homes and a 20 -foot street yard for garages with doors facing the public street. Code Requirements: 1. Traffic impact and water and wastewater impact fees are required to be paid as a condition of issuance of building permits. 2. The property is tributary to the Laguna Sewer Lift Station. Appropriate Lift Station Fees shall be paid prior to the final map approval. 3. Appropriate backflow prevention will be necessary on any connection to the City water system if the property includes an active well. 4. 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 results 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 require 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. 5. The subdivision design shall comply with the City's grading ordinance. 6. Street trees shall be planted along the private street per City Standards (the number of trees is determined by one tree per 35 linear feet of street frontage). 7. All boundary monuments, lot corners and centerline intersections, BC's, EC's, etc., shall be tied to the City's Horizontal Control Network. At least two control points shall be used and a tabulation of the coordinates shall be submitted with the final map or parcel map. All coordinates submitted shall be based on the City coordinate system. A 3.5" diameter computer floppy disk, containing the appropriate data compatible with AutoCAD (Digital Interchange Format, DXF) for Geographic Information System (GIS) purposes, shall be submitted to the City Engineer. 8. The final map, public improvement plans and specifications shall use the International System of Units (metric system). The English System of Units may be used on the final map where necessary (e.g. - all record data shall be entered on the map in the record units, metric translations should be in parenthesis), to the approval of the City Engineer. O Resolution No. 9776 (2006 Series) Page 18 9. Access shall be in accordance with Article 9 of the California Fire Code (CFC). Access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of 13' 6 ". 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. All cul -de -sacs shall be minimum 40 foot radius. 10. Approved address numbers shall be placed on all new buildings in such a position to be plainly visible and legible from the street fronting the property. Numbers shall be a minimum of 5" high x' /z" stroke and be on a contrasting background. [UFC 901.4.41 11. Water Supplies and fire hydrants shall be provided in accordance with applicable articles of the CFC. An approved water supply capable of providing the required fire flow for fire protection is required. The fire flow shall be determined using applicable Appendices of the CFC. 12. Fire protection systems shall be installed in accordance with the CFC and the California Building Code. An approved NFPA system will be required for this project. 13. Rooms or areas in commercial buildings containing controls for air - handling systems, automatic fire - protection systems, or other diction, suppression or control elements shall be identified for use by the fire department and shall be located in the same area. A sign shall be provided on the door to the room or area stating "Fire. Sprinkler Riser" and "Fire Alarm Control Panel" 14. A Knox Box shall be provided on the outside of the Fire Sprinkler Riser Room with a key to the room for commercial buildings. 15. Portable fire extinguishers, rated 2A, 10 BC, shall be mounted within 75' of travel and at each exit within commercial buildings. 16. Fire hydrants shall be spaced per SLO -FD Guidelines (placement with Fire Department approval) and shall be capable of supplying the required fire-flows. On motion of Vice Mayor Settle, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Brown, Ewan and Mulholland, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: None Resolution No. 9776 (2006 Series) Page 19 The foregoing resolution was passed and adopted this 7th day of March 2006. Mayor David F. Romero ATTEST: Audrey Hoo r City Clerk APPROVED AS TO FORM: Jona an . Lowell City Attorney LZ voi �4 �A��s Lai C' O RESOLUTION NO. 9775 (2006 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE 2006 CDBG PROGRAM AND ENDORSING THE SAN LUIS OBISPO URBAN COUNTY'S DRAFT ONE -YEAR ACTION PLAN WHEREAS, the City of San Luis Obispo is a participating jurisdiction in the San Luis Obispo Urban County, along with the cities of Arroyo Grande, Atascadero, Grover Beach, and Paso Robles, and the County of San Luis Obispo; and WHEREAS, said cities and County cooperatively administer several federal grant programs under the provisions of the Cooperative Agreement approved by the San Luis Obispo City Council on July 13, 1999 and as amended on September 7, 1999, July 16, 2002, and June 28, 2005 and under applicable U.S. Department of Housing and Urban Development Department (HUD) rules; and WHEREAS, pursuant to said agreement, the Urban County Public Participation Plan and HUD rules, the City Council held a public hearing on March 7, 2006 to consider funding recommendations by the Human Relations Commission (HRC), to review applications for federal grant funding, and to consider public comments on community needs and on the use of such funds; and WHEREAS, the Council also considered the Urban County's proposed One -Year Action Plan, including proposed funding allocations for Home Investment Partnership Funds (HOME), Emergency Shelter Grants (ESG), and the Special Urban Projects Fund. 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. 2006 Community Development Block Program. The City's 2006 Community Development Block Program, as shown in Exhibit A, is hereby approved. SECTION 3. One -Year Action Plan. The San Luis Obispo Urban County's Draft One - Year Action Plan is hereby endorsed, as shown in Exhibit B. SECTION 4. Board of Supervisors Consideration. The Council hereby directs staff to forward the above actions to the San Luis Obispo County Board of Supervisors for consideration prior to the Board's final action on the Urban County's 2006 Consolidated Plan.. R 9775 Resolution No. 9775 (2006 Series) Page 2 SECTION 5. City Administrative Officer Authority. The City Administrative Officer is authorized to act on behalf of the City in executing grant agreements and other actions necessary to implement the approved Consolidated Plan and CDBG Program. Upon motion of Council Member Mulholland, seconded by Vice Mayor Settle, and on the following roll call vote: AYES: Council Members Brown, Ewan, and Mulholland, Vice Mayor Settle, Mayor Romero NOES: None ABSENT: None The foregoing resolution was passed and adopted this 7th day of March 2006. ATTEST: i Audrey Hoop City Clerk APPROVED AS TO FORM: Jonath . Lowell City Attorney a 0 c a z a m C) v �O LU M Z m `Q LU IL r O J w w G z G O O O O N °w w U w M CM z L a) E l0 L IM 0 IL [L, m C Q C U. wc CD a D C z O « LL � o as ED c N ii W O0 O O O O d 0 I NN dam' 0 IRT 0 0000 N +• O O O O O O C CD O O N N O O c co t tq O O T T O O 3 f fo c o 0 N C 0 � �I/� O O) O O O O O O t ti co o 0o N CM 0 u, N N 0 00 C CV. C d E y L T r c, a rt+ r 0 0 T T T r o r C ( () � � L LO r rn o o) O am c co ° °`ro°°o c c c ccggC\ o o L LO 0 0) NU � N M M L NONle � N T T T T T V LO) N V T T T T C CD .a O O. O O O O O O O O O O 0 00000 0 0000 . 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T N N C C7 c cn c co r r- W W r rn r r P L a) E l0 L IM 0 IL [L, m C Q C U. wc CD a D C z O « LL � o as ED c N ii W Urban County of San Luis Obispo 2006 Dr Funding Recommendations' ' The 2006 Draft Funding Race..... ations are - m the 2606 grant fund `[{j IMI allocation amount. HUD his not anncunced the ,;titlemem afocation figures, y $e kf. Thus the funding amounts are subject to change.- r ' City of Arroyo Grande . Applicant Project Request Draft Funding Public Services Economic Opportunity Comm. Forty Wonderful Program 2,200 1,162 Economic Opportunity Comm. Senior Health Screening 4,500 3,219 Big Brothers Big Sisters Youth Mentoring Program 5,500 2,061 The Llteracy Council Literacy Program 3,000 1,661 The Harvest Bag, Inc. Food Distribution Program 6,000 6,087 ' Senior Volunteer Services Caring Callers Program 2,000 1,368 South County Youth Coalition 500 Soo South County SAFE 1,000 500 Community Counseling Center 3,500 1,530 Total 26,200 18,068 Public Facilities City of Anoyo Grande Strother and Elm Street Parks ADA work 38,169 43,440 City of Arroyo Grande Fapade Grant 15,000 19,630 Total 63,169 61,076 Code Enforcement City of Arroyo Grande - Code Enforcement 15,630 11,311 Total 16,630 11,311 Economic Development Cuesta College SBDC Small Business Development Center 5,000 5,000 Total 6,000 6,000 Planning and Building HOTLINE of SLO County HOTLINE 2 -1 -1 Planning Grant 1.000 1,000 Total 1,000 1,000 enistratio Adri n City_ of Arroyo Grande Administration 24,525 24,117 Total 120,686 City of Atascadero Public Services Economic Opportunity Comm. Senior Health Screening 2,500 0 Economic Opportlm8y, Comm Forty Wonderful Program 2,500 0 Economic Opportunity Comm Teen Academic Parenting Program 2,000 0 Court Appointed Special AdvDc. Support Services for At -Risk Youth 2,000 0 Big Brothers Big Sisters Youth Mentortng Program 7,806 0 The Llteracy Couric8 Literacy Program 3,000 0 El Camino homeless Org. Homeless shelter 13,600 10;500 Senior Volunteer Services Caring Callers - outreach to elderly persons _ 1,500 1,000 La Cdr= de Tolosa Dental care 3,000 0 Loaves and Fishes Purchase groceries 7,500 7,500 Conatwrtdy Link EiHingual liaison 2,000 1,500 Atasca_dero Cmty Services Fn dM YouOi Activity Scholarships 10,000 9,200 Total 67,400 29,700 Public Facilries Atascaden a Loaves 8 Fishes Install new air conditioner 7,040 0 North CouttyWomen's Shelter New Flooring 2,200 0 Eseuela del Rio TraWng facility - developmeptaly disabled 50,000 25,000 City of Atascadem Pedestrian Safety Street Light Project 50,DD0 0 City of Atascadero Fagade imporvement Program 60,DD0 0 City of Atasc.adem PedestrlaNADA Improvements 100,000 82;500 Total 269,240 107,600 Code Enforcement City ofAtascadem Code. Enforcement 50,00,0 33,600 Total. - '60,000 33,600 Economic Developrtiettt Cuesta College SBDC Small Business Development Center 5,0DO 0 Total' - - 6,000 0 Planning and Capacity Building HOTLINE of SLO County HOTLINE 2-1-1 Planning Grand 1,000 Total - 1,000 0 Administration City of Atascadero Administration 45,138 27,209 Total 198,009 The City of Alaseadoro proposes to reallocate prior year funds as follows: Year From Existing Activity To New Activity Funding Amount 1996 Economic Dev. Capacity Building Code Enforcement 16406 1998 Youth Center Renovation PedesthardADA Improvements 5741 1999 Youth Center Renovation PecestrianlADA Improvements 1759 2003 Facade Program Pedestrian Street Light Project 50DOO Total Proposed Reallocation 73900 City of Grover Beach Applicant Public Services Proj,•. Request Draft , - - -'n JEXHIBI fmff Economic Opportunity Comm. Senior Health Screening 4,500 A Economic Opportunity Comm. Forty Wonderful Program 3,000 0 Economic Opportunity Comm. Teen Academic Parenlinq Program 2,800 0 Economic Opportunity Comm. South County Health Clinic 8,156 0 Community Counseling Center Counseling/therapy program 3,500 0 Big Brothers Big Sisters Youth Mentoring Program 6,500 0 The Literacy Council Literacy Program 3,000 0 The Harvest Bag, Inc. Food Distribution Program 5,000 0 South County Youth Coalition At -risk youth scholarships 500 0 Senior Volunteer Services Caring Callers . Program 2,000 0 SAFE Collaborative Food and Shelter program 1,000 0 Exploration Station Youth Activities 10,000 0 Total 49,966 0 Public Facilities City of Grover Beach Mentone Ave. Flood Improvement Project 140,356 140,356 Total - 140,366 140,366 Economic. Development Cuesta College SBDC Small Business Development Center 5,000 0 Total 6,000 0 Planning and Capacity Building HOTLINE of SLO County HOTLINE 2 -1 -1 Planning Grant 1,000 0 Total 1,000 0 Total 140,366 City of Paso Robles Housing Homeless Housing Project Rest/Recovery Center 166,666 0 Total 0 Public Services Economic Opportunity Comm. Senior Health Screening 3,500 0 Economic Opportunity Comm.. Forty Wonderful Program 2,200 0 Economic Opportunity Comm. Teen Academic Parenting Program 2,500 0 Homeless Housing Project Motel Voucher Program 8,000 0 Big Brothers Big Sisters Youth Mentoring Program 7,500 b The Literacy Council Literacy Program 3,000 0 Senior Volunteer Services Caring Callers - outreach to elderly persons 3,500 0 Paso Robles Youth AR Fndtn. Art desses 20;DDO 0 The Harvest Bag, Inc. Food Distribution Program 1,000 0 Unspecified allocation of Paso Robles public soMces funds 0 67,194 Total 61,200 67,194 Public Facilities City of Paso Robles Downtown newsreck enclosures 50,000 0 City of Paso Robles Seismic Mitigation Program 87,000 87,000 City of Peso Robles LED - Ughted Crosswalk 40,000 0 City of Paso Robles Municipal Pool Changing Rm Rehab. It 221,006 163,676 Paso Robles Main Street Assoc. Install six ornamental street light fixtures 94,000 0 Estrella Warbird Museum ADA work 110,400 0 Total 604400 260,676 Economic Development Cuesta College SBDC Small Business Development. Center 5,000 0 Total - 6,000 D Planning and Capacity Building HOTLINE of SLO County HOTLINE 2 -1 -1 Planning Grant 1,ODO 0 Total 1,000 0 Administration City of Paso Robles Administration 76,000 76,000 Total 383,870 Includes $64,800 In program Income and M680 In reprogrammed 2003 CDBG funds from the LED - Lighted Crosswalk Project City of San Luis Obispo � Public Services ,EXH1 Economic Opportunity Comm. Prado Day Center 50,000 "- 0 Economic Opportunity Comm. Maxine Lewis Memorial Shelter 138,000 100,200 Big Brothers Big Sisters Youth Mentoring Program 8,000 0 The Harvest Bag, Inc. Food Distribution Program 4,000 0 Total 200,000 100,200 Public Facilities Economic Opportunity Comm. Prado Day Center Improvements 35,000 50,000 City of San.Luis Obispo Historic Adobe Rehabilitation 50,000 110,200 City of.San Luis Obispo ADA Street Improvements 150,000 151,400 City of San Luis Obispo ADA Corrections to City Facilities 122,600 122,600 Total 167,600 434,200 Economic Development Cuesta College SBDC Small Business Development Center 10,000 0 Total 10,000 0 Planning and Capacity Building HOTLINE of SLO County HOTLINE 2.1 -1 Planning Grant 2,000 8600 Tow 2,000 8,600 Administration City of San Luis Obispo Administration 125,000 125,000 Total 668,000 5 • ��� , i I I (G `i a �U�L P.Ci — wa &. -w + uy-u