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HomeMy WebLinkAbout9807-9819C) RESOLUTION NO. 9819 (2006 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S ACTION TO GRANT FINAL APPROVAL TO "THE VILLAGE AT MAYMONT," A MIXED -USE PROJECT AT2238 BROAD STREET (ARC/ER 62 -05) WHEREAS, the Architectural Review Commission conducted public hearings on April 17, 2006, and June 19, 2006, to approve plans for a mixed -use project with 91 residential units and approximately 25,000 square feet of commercial lease space; and WHEREAS, Terry Mohan, 2416 Santa Clara Street, San Luis Obispo, filed an appeal of the Architectural Review Commission's action on June 26, 2006, based on concerns with the review of traffic mitigation; and WHEREAS, the City Council conducted a public hearing on July 18, 2006, and has considered testimony of interested parties including the appellant, the records of the Architectural Review Commission's actions of April 17`s and June 19, 2006, and the evaluation and recommendation of staff; and WHEREAS, the City Council has considered the Negative Declaration with Mitigation Measures (ER 62 -05) as approved by the Architectural Review Commission. BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration of the proposed project (ARC/ER 62 -05), the appellant's statement, staff recommendations and reports thereof, makes the following findings: 1. Traffic mitigation measures established for the project (ER 62 -05) have been appropriately reviewed and adequately address potential traffic impacts resulting from a mixed -use project with 91 residential units and approximately 25,000 square feet of commercial lease space on the project site at 2238 Broad Street. 2. The project's site planning and circulation layout are appropriate for a mixed -use project in the Neighborhood - Commercial and Service - Commercial zones at 2238 Broad Street and will be compatible with surrounding development. 3. The City Council has reviewed and concurs with the action taken on June 19, 2006, by the ARC to grant final approval to the project (ARC/ER 62 -05) based on 4 findings, 31 conditions, 34 code requirements, and 53 mitigation measures. R 9819 C C Resolution No. 9819 (2006 Series) Page 2 SECTION 2. Action - Appeal Denied. The appeal of the Architectural Review Commission's action is hereby denied. Therefore, the Commission's action to grant final approval to the project is upheld based on findings and subject to the conditions, mitigation measures and code requirements as outlined in the final ARC approval (ARC/ER 62 -05). On motion of Council member Brown, 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 was passed and adopted this 18a' day of July 2006. Mayor David F. Romero ATTEST: it d� Z4 4"', t�, Audrey H per City Clerk APPROVED: than P. Lowell Attorney ,� -1,�?- ` r� Cap y _ � , �� = �- °%' %yi ,� RESOLUTION NO. 9818 (2006 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING A TENTATIVE TRACT MAP AND MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR A 9 -UNIT CONDOMINIUM DEVELOPMENT LOCATED AT 2932 AUGUSTA STREET (TR/ER 159 -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 March 22, 2006, pursuant to an application filed by Steno -Wolf Associates, applicant, and recommended approval of the subdivision map to the City Council; and WHEREAS, the City Council of the City of San Luis Obispo has considered testimony of the applicant, interested parties, and evaluation and recommendations by staff; and WHEREAS, the City Council has considered the draft Mitigated Negative Declaration of environmental impact as prepared by staff. BE IT RESOLVED, by the City Council of San Luis Obispo as follows: SECTION 1. Findings. The design of the tentative tract map is consistent with the General Plan because the proposed subdivision will respect existing site constraints, will incrementally add to the City's residential housing inventory, will result in condominium units that meet density standards, and will be consistent with the density and development limits established by the High Density Residential District. 2. The site is physically suited for the proposed type of development allowed in the R-4 zones since the site is generally flat, surrounded by existing high density residential development and close to parks, schools and transit services. 3. The design of the subdivision will not conflict with easements for access through (or use of property within) the proposed subdivision. 5. A Mitigated Negative Declaration was prepared by the Community Development Department on March 15, 2006. The City Council finds and determines that the project's Mitigated Negative Declaration adequately addresses the potential significant environmental impacts of the proposed project. SECTION 2. Action. The Council hereby approves the Tentative Tract Map for 9 residential units and adopts the R 9818 f! Resolution No.9818 (2006 Series) Page 2 Mitigated Negative Declaration (TR/ER 159 -05), with incorporation of the following project mitigation measures and conditions: Mitigation Measures: 1. The project shall be conditioned to comply with all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in section 6.4 of the Air Quality Handbook. All site grading and demolition plans notes shall list the following regulations: a. All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur at least twice daily with complete coverage, preferably in the late morning and after work is finished for the day. b. All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds (i.e. greater than 20 mph averaged over one hour) so as to prevent excessive amounts of dust. c. All material transported off -site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. d. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized so as to prevent excessive amounts of dust. e. Permanent dust control measured identified in the approved project revegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities. f. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be sown with fast - germinating native grass seed and watered until vegetation becomes established. g. All disturbed areas not subject to revegetation shall be stabilized using, jute netting, or other methods approved in advance by the APCD. h. All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as possible. In addition, structural foundations shall be completed as soon as possible following building pad construction. i. On -site vehicle speed shall be limited to 5 mph for any unpaved surface. j. All unpaved areas with vehicle traffic shall be watered at least twice per day, using non - potable water. k. Streets adjacent to the project site shall be swept daily to remove silt, which may have accumulated from construction activities so as to prevent excessive amounts of dust from leaving the site. Monitoring Program: Plans submitted for construction shall include a cover page with clear notes illustrating the mitigation measures. The notes shall also be included on any separate grading plans. All contractors and sub - contractors shall be informed of the requirements by the general contractor. The City will monitor construction activities on an ongoing basis as well as respond to complaints from the neighborhood. If dust or other air pollution factors exceed the anticipated limitations, construction work will be stopped by the City until the situation can be corrected. Resolution No.9818 (2006 Series) Page 3 Conditions: 1. All project conditions associated with the architectural approval of the project as approved by the Architectural Review Commission on June 5, 2006, shall be incorporated herein as conditions of approval. 2. An affordable housing agreement consistent with the draft affordable housing proposal, shall be submitted for review and approval of the Community Development Director prior to proceeding to the City Council. 3. The applicant shall pay Park In -Lieu Fees prior to recordation of the Final Map, consistent with SLO Municipal Code Section 16.40.080. 4. Pursuant to Government Code Section 66474.9(b), the subdivider shall defend, indemnify and hold harmless the City and/or its agents, officers and employees from any claim, action or proceeding against the City and/or its agents, officers or employees to attack, set aside, void or annul, the approval by the City of this subdivision, and all actions relating thereto, including but not limited to environmental review. Conditions and code requirements from other departments The following code requirements are included for information purposes only. They serve to give the applicant a general idea of other City requirements that will apply to the project. This is not intended to be an exhaustive list as other requirements may be identified during the plan check process. Public Right -of -way 1. The subdivider shall dedicate a 2m wide public utility easement and a 3m wide street tree easement across the frontage of the property. Said,easement shall be adjacent to and contiguous with all public right -of -way lines bordering the property. 2. The internal driveway and turnaround area curbs shall be painted red and properly signed and stenciled as a "Fire Lane" per the Fire Department's "Developer's Guide" in order to prohibit parking in unauthorized areas and preventing access in case of emergencies. Grading & Drainage 3. Provide a proposed storm water plan and hydrology calculations for site drainage including proposed culverts and bridge crossing at street entry. The rate of runoff from the site post development shall not significantly exceed (5- percent) that of predevelopment for the 2, 10, 100 year 24hour storm. Analysis and design of stormwater facilities shall be consistent with the City's Waterways Management Plan - Drainage Design Manual. 4. In order to mitigate for a decrease in water quality, the stormwater runoff from all improved areas of the development site, except rooftops, shall be treated in accordance with the Best Management Practices published in the California Stormwater Quality Association's Best Management Practice Handbook, January 2003. For the purposes of water quality design, all water quality BMPs shall be designed to treat runoff from a 25 Resolution No.9818 (2006 Series) Page 4 mm/24 -Hour storm event. 5. In order to mitigate for a decrease in water quality, the stormwater runoff from all improved areas of the development site, except rooftops, shall be treated in accordance with the Best Management Practices published in the California Stormwater Quality Association's Best Management Practice Handbook, January 2003. For the purposes of water quality design, all water quality BMPs shall be designed to treat runoff from a 25 mm/24 -Hour storm event. 6. Prior to the approval of public improvement plans, the subdivider shall submit an updated report based on the final design in accordance with the City's Waterways Management Plan Drainage Design Manual Water, Sewer & Utilities 7. The subdivider shall place underground, all existing overhead utilities along the public street frontage(s), to the satisfaction of the Public Works Director and utility companies. On 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 RECUSED: Council Member Ewan The foregoing resolution was passed and adopted this 18`hday of July 2006. Mayor David F. Romero ATTEST: &40 Audrey ooper City Ckrk APPROVED AS TO FORM: 1 Jonathan P. Lowell City Attorney S7:1-4,4.271- 61--, RESOLUTION NO. 9817 (2006 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING BYLAWS FOR THE PARKS AND RECREATION COMMISSION NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That Exhibit "A" entitled "City of San Luis Obispo Parks & Recreation Commission Bylaws," attached hereto and incorporated herein by reference are approved and adopted. Upon motion of Vice Mayor Settle, seconded by Council Member Brown and on the following vote: AYES: Council Member Brown, Ewan, and Mulholland, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 18`h day of July, 2006. I 'Zo Mayor David F. Romero ATTEST: Audrey per City Clerk APPROVED AS TO FORM: onathan P. Lowell City Attorney I: ON IN C� C City of San Luis Obispo Parks & Recreation Commission Bylaws I. PURPOSE The Parks & Recreation Commission is a body of citizens appointed to advise the City's Parks & Recreation Department and the City Council on the development and operation of recreation programs and parks, and on the implementation of the Parks and Recreation Element of the City's General Plan. II. MEMBERSHIP A. The Parks and Recreation Commission shall consist of 7 members B. Members are appointed by the City Council for a term of four years. Members are eligible for reappointment for an additional four year term. Members are subject to a term limit of consecutive eight years. III MEETINGS A. Regular meetings of the Parks & Recreation Commission shall be held on the first Wednesday of each month at 7t00pm, except for the month of July when the Commission will participate in an annual tour of the City's parks and facilities. B. Meetings will be held in the City Council Chambers, 990 Palm Street. In the event that the Parks & Recreation Commission chooses to hold all or any portion of a regular meeting other than at City Hall, then the place of such meeting shall be posted at least 72 hours in advance at the Parks & Recreation Department office, 1341 Nipomo and on the bulletin board located at the entrance to the City Council Chambers prior to the established meeting time. IV ELECTION OF OFFICERS A. In April of each year, the Parks & Recreation Commission shall select a Chair and Vice Chair from among its members to serve a one year term. B. Commissioners shall serve as Chair or Vice Chair at the discretion of the Commission. C. The Chair shall preside at all meetings of the Parks & Recreation Commission. The Vice Chair will act as the Chair in the absence of the Chair or in case of the inability of the Chair to act. D. In the event that the Chair and Vice Chair are unavailable to attend to their duties, the assembled members shall determine a Temporary Chair. E. No person shall serve as Chair or Vice Chair for more than three consecutive terms. V. CONDUCT OF MEETINGS Robert's Rules of Order, Newly Revised shall be utilized as a guide in the conduct of meetings. VI. QUORUM A. Four members of the Parks & Recreation Commission shall constitute a quorum for the purposes of conducting business. B. A quorum shall be required for any agenda items required to have action taken. VII. VOTING A. Except as otherwise provided in the San Luis Obispo Municipal Code and state law, no resolution, motion or other action shall be passed or become effective without receiving the affirmative vote of at least a majority of the members present, if a quorum is present. B. Failure to receive such an affirmative vote shall result in failure or denial, as appropriate, of the motion, resolution or other action. C. Except as allowed under the Political Reform Act of 1974, as amended, any member abstaining due to a declared conflict of interest shall not participate in the discussion of the items or otherwise influence or attempt to influence in any manner the decision on the item. D. All members, when present, must vote except when abstaining due to a declared conflict of interest. E. Failure or refusal to vote when present — except for a declared conflict of interest — shall be counted as an affirmative vote. VIII. PUBLIC RECORDS Records of all public hearings shall be made available to the public in the offices of the Parks & Recreation Department. IX. ATTENDANCE Any member of the Parks & Recreation Commission who fails, for any reason, to attend three (3) consecutive regular meetings or a total of six (6) regular meetings within any 12 month period shall be automatically considered for replacement by the City Council. The Chairperson of the Parks & Recreation Commission shall inform the Council of such a situation, explaining any special circumstances. X. COMMITTEES A. A member of the Parks & Recreation Commission shall represent the Commission and sit as a voting member on the following City advisory bodies: Advisory Committee on Joint Use of Recreational Property, Jack House Committee and Tree Committee. B. Additional committee assignments shall be made as deemed necessary by the Chair. C. Committee assignments will be made in April of each year. XI. AMENDMENTS A. These bylaws may be recommended for amendment by the majority vote of the Commission members present at a regular meeting, provided that a quorum is present. Members shall receive the proposed amendments at O n least seven (7) days prior to the meeting in which the amendment is proposed. B. Prior to May I in each odd numbered year, these bylaws shall be reviewed by the Commission. Any proposed changes shall be submitted to the City Council for approval. If no changes are proposed, a report of the review shall be submitted. IN WITNESS THEREOF, we, the undersigned, being the Chair and Vice Chair of the Parks & Recreation Commission; do certify that the Bylaws set forth above constitute the bylaws of the said commission adopted on 2006. Date: Attest: Chair, Parks & Recreation Commission Vice Chair, Parks & Recreation Commission City of San Luis Obispo Parks & Recreation Commission Bylaws 1. PURPOSE The Parks & Recreation Commission is a body of citizens appointed to advise the City's Parks & Recreation Department and the City Council on the development and operation of recreation programs and parks, and on the implementation of the Parks and Recreation Element of the City's General Plan. II. MEMBERSHIP A. The Parks and Recreation Commission shall consist of 7 members B. Members are appointed by the City Council for a term of four years. Members are eligible for reappointment for an additional four year term. Members are subject to a term limit of consecutive eight years. III MEETINGS A. Regular meetings of the Parks & Recreation Commission shall be held on the first Wednesday of each month at 7:00pm, except for the month of July when the Commission will participate in an annual tour of the City's parks and facilities. B. Meetings will be held in the City Council Chambers, 990 Palm Street. In the event that the Parks & Recreation Commission chooses to hold all or any portion of a regular meeting other than at City Hall, then the place of such meeting shall be posted at least 72 hours in advance at the Parks & Recreation Department office, 1341 Nipomo and on the bulletin board located at the entrance to the City Council Chambers prior to the established meeting time. IV ELECTION OF OFFICERS A. In April of each year, the Parks & Recreation Commission shall select a Chair and Vice Chair from among its members to serve a one year term.. B. Commissioners shall serve as Chair or Vice Chair at the discretion of the Commission. C. The Chair shall preside at all meetings of the Parks & Recreation Commission. The Vice Chair will act as the Chair in the absence of the Chair or in case of the inability of the Chair to act. D. In the event that the Chair and Vice Chair are unavailable to attend to their duties, the assembled members shall determine a Temporary Chair. E. No person shall serve as Chair or Vice Chair for more than three consecutive terms. V. CONDUCT OF MEETINGS Robert's Rules of Order, Newly Revised shall be utilized as a guide in the conduct of meetings. V1. QUORUM A. Four members of the Parks & Recreation Commission shall constitute a quorum for the purposes of conducting business. B. A quorum shall be required for any agenda items required to have action taken. VII. VOTING A. Except as otherwise provided in the San Luis Obispo Municipal Code and state law, no resolution, motion or other action shall be passed or become effective without receiving the affirmative vote of at least a majority of the members present, if a quorum is present. B. Failure to receive such an affirmative vote shall result in failure or denial, . as appropriate, of the motion, resolution or other action. C. Except as allowed under the Political Reform Act of 1974, as amended, any member abstaining due to a declared conflict of interest shall not participate in the discussion of the items or otherwise influence or attempt to influence in any manner the decision on the item. D. All members, when present, must vote except when abstaining due to a declared conflict of interest. E. Failure or refusal to vote when present — except fora declared conflict of interest — shall be counted as an affirmative vote. VIII. PUBLIC RECORDS Records of all public hearings shall be made available to the public in the offices of the Parks & Recreation Department. IX. ATTENDANCE Any member of the Parks & Recreation Commission who fails, for any reason, to attend three (3) consecutive regular meetings or a total of six (6) regular meetings within any 12 month period shall be automatically considered for replacement by the City Council. The Chairperson of the Parks & Recreation Commission shall inform the Council of such a situation, explaining any special circumstances. X. COMMITTEES A. A member of the Parks & Recreation Commission shall represent the Commission and sit as a voting member on the following City advisory bodies: Advisory Committee on Joint Use of Recreational Property, Jack House Committee and Tree Committee. B. Additional committee assignments shall be made as deemed necessary by the Chair. C. Committee assignments will be made in April of each year. XI. AMENDMENTS A. These bylaws may be recommended for amendment by the majority vote of the Commission members present at a regular meeting, provided that a quorum is present. Members shall receive the proposed amendments at least seven (7) days prior to the meeting in which the amendment is proposed. B. Prior to May 1 in each odd numbered year, these bylaws shall be reviewed by the Commission. Any proposed changes shall be submitted to the City Council for approval. If no changes are proposed, a report of the review shall be submitted. IN WITNESS THEREOF, we, the undersigned, being the Chair and Vice Chair of the Parks & Recreation Commission; do certify that the Bylaws set forth above constitute the bylaws of the said commission adopted on "1 2006. Date: Y /o2lt�& Vice hair, Parks & Recreatig Commission n RESOLUTION NO. 9816 (2006 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO TO INCREASE EDUCATION AND ENFORCEMENT PROGRAMS FOCUSING ON UNDERAGE DRINKING LAWS AND ALCOHOL AVAILABILITY TO MINORS WITH GRANT FUNDING OF $40,614 PROVIDED THROUGH THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL WHEREAS, the San Luis Obispo Police Department through the City of San Luis Obispo desires to undertake programs to increase education and enforcement to reduce underage drinking in the community; and WHEREAS, grant funds are available through the California Alcoholic Beverage Control Grant Assistance Program to increase education and enforcement of under age drinking laws. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows, that the Chief of Police of the City of San Luis Obispo is authorized, on its behalf to execute all grant related documents including the State of California Standard Agreement contract, any extensions or amendments thereof, and any subsequent contract with the State in relation thereto. IT IS AGREED that any liability arising out of the performance of this contract, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency. The State of California and the Department of Alcoholic Beverage Control disclaim responsibility for any such liability. BE IT FURTHER RESOLVED that grant funds received hereunder shall not be used to supplant expenditures controlled by this body. Upon motion of Vice Mayor Settle, seconded by Council Member Brown, and on the following vote: AYES: Council Members Brown, Ewan, and Mulholland, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 18`s day of July 2006. Resolution No. 9816 (2006 Series) Page 2 ATTEST: Audrey H er City Clerk APPROVED AS TO FORM: P. Lowell City Attorney 0 Mayor David F. Romero 17�)ID 7/4 7-L c RESOLUTION NO. 9815 (2006 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING ACCEPTANCE OF A CONSERVATION EASEMENT ON REAL PROPERTY WHEREAS, Connie Pearce and Clint Pearce ( "Grantors ") are the joint owners in fee simple of certain real property in San Luis Obispo County, California, outside of but adjacent to the City of San Luis Obispo, described as Assessor's Parcel Number 067 - 061 -054 and commonly referred to as the Boysen Ranch (the "Property "); and WHEREAS, the Property possesses natural resource values including wildlife and plant resources, and scenic open space values (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, due to the Property's topography it is particularly valuable as a site on which to conduct wetland mitigation and enhancement projects; and WHEREAS, Grantor intends that the conservation values of the Property be preserved and maintained by the continuation of currently existing land use patterns; and WHEREAS, Grantor further intends, as owner 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 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 Grantor 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: 1. Authorizes acceptance of the offer of donation of a Conservation Easement for a portion of Assessor's Parcel Number 067 - 061 -054, subject to non - substantive changes approved by the City Attorney, and as may be required by the U.S. Army Corps of Engineers; and 2. Authorizes and directs the Mayor to accept said Conservation Easement (or Easements) on behalf of the City of San Luis Obispo. Resolution No. 9815 (2006 Series) Page 2 On motion of Vice Mayor Settle, seconded by Council Member Brown and on the following roll call vote: AYES: Council Members Brown and Mulholland, Vice Mayor Settle and Mayor Romero NOES: None RECUSED: Council Member Ewan: The foregoing resolution was approved and adopted this 18`" day of July 2006. ATTEST: Audrey H per City Cle AS TO P. Lowell City Attorney r Mayor David F. Romero R 9815 / -D,J- 0 RESOLUTION NO. 9814 (2006 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING A TENTATIVE TRACT MAP FOR 5 RESIDENTIAL CONDOMINIUM UNITS FOR PROPERTY AT 562 SANDERCOCK STREET; TR/ER 202 -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 May 10, 2006 pursuant to an application filed by Michael Sathre, property owner, and recommended approval of the subdivision map to the City Council and WHEREAS, the City Council of the City of San Luis Obispo has considered testimony of the applicant, interested parties, and evaluation and recommendations by staff; and WHEREAS, the City Council has considered the draft Negative Declaration of environmental impact as prepared by staff. BE IT RESOLVED, by the City Council of San Luis Obispo as follows: SECTION 1. Findings. The proposed tentative tract map is consistent with the General Plan because the subdivision will provide for residential development consistent with the Medium- Density Residential Zone. 2. As conditioned, the design and improvement of the proposed subdivision is consistent with the General Plan because each dwelling has access to a compact, private open space area and the development will occur as part of the neighborhood pattern anticipated for the medium density residential zone. 3. The site is physically suited for the proposed type of development because it is an under- developed site that is adjacent to an existing street right -of -way. 4. As conditioned, the site is physically suitable for the proposed density of development because the site is within an existing City block, services are available to serve the development, and utilities have been designed to serve the site per City standards. 5. The design of the subdivision, or the type of improvements, is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat because the site does not have any creeks or other potentially significant habitat areas for fish or wildlife. 6. The design of the subdivision, or type of improvements, is not likely to cause serious public health problems because the type of improvements is residential and development Resolution No.9814 (2006 - series) _ Page 2 will be designed to meet existing building and safety codes. 7. The design of the subdivision, or the type of improvements, will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision because no such easements exist. 8. A Negative Declaration was prepared by the Community Development Department on May 3, 2006. The Planning Commission finds and determines that the project's Negative Declaration adequately identifies that there is no foreseeable potential for significant environmental impacts by the proposed project. SECTION 2. Action. The Council hereby approves the tentative tract map for a five unit residential condominium development and adoption of said Negative Declaration (TR/ER 202 -05), with incorporation of the following project conditions and code requirements: Conditions: 1. The project shall be forwarded to the Architectural Review Commission to review the project design for consistency with the Community Design Guidelines following approval of the Common Interest Subdivision by the City Council. Their review shall include approval of the final location and design of the necessary trash enclosure(s). 2. An affordable housing agreement consistent with the draft affordable housing proposal shall be submitted for review and approval of the Community Development Director prior to proceeding to the City Council. 3. The final map shall indicate common and private open space yards and the CC &R's shall describe maintenance of all common areas. 4. Long term bicycle storage shall be supplied for each unit, to the approval of the Community Development Director. 5. Refuse collection shall be provided and maintained by the Homeowners Association or their designee for the general use of all residents of the site at the rate of six waste wheelers, including three recycling, two trash and one green bin. 6. The responsibility of ensuring that refuse containers are placed at the curb for collection no earlier than 7:00 p.m. the day prior to collection and returned to their designated enclosures no later than 9:00 a.m. after collection shall be the responsibility of the Homeowners Association or their designee. 7. The applicant shall pay Park In -Lieu Fees prior to recordation of the Final Map, consistent with SLO Municipal Code Section 16.40.080. 8. 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 Resolution No.9814 (2006 series) Page 3 or proceeding against the City and/or its agents, officers or employees to attack, set aside, void or annul, the approval by the City of this subdivision, and all actions relating thereto, including but not limited to environmental review. 9. The Conditions, Covenants, and Restrictions (CC &R's) for the project shall include a requirement, to be enforced by the homeowners association and the City, that all garages must be available for parking a vehicle at all times. 10. Subdivider shall prepare conditions, covenants, and restrictions (CC &R's) to be approved by the Community Development Director and City Attorney prior to final map approval. CC &R's shall contain the following provisions: a. Creation of a homeowners' association to enforce the CC &R's and provide for professional, perpetual maintenance of all common areas including private driveways, drainage, on -site sewer facilities, parking lot areas, walls and fences, lighting, and landscaping. b. Grant to the City the right to maintain common areas if the homeowners' association fails to perform, and to assess the homeowners' association for expenses incurred, and the right of the city to inspect the site at mutually agreed times to assure conditions of CC &R's and final map are being met. c. No parking except in approved, designated spaces. d. Grant to the city the right to tow away vehicles on a complaint basis which are parked in unauthorized places. e. No outdoor storage of boats, campers, motorhomes, or trailers nor long -term storage of inoperable vehicles. f. No outdoor storage by individual units except in designated storage areas. g. No change in City- required provisions of the CC &R's without prior City Council approval. h. Homeowners' association shall file with the City Clerk the names and addresses of all officers of the homeowners' association within 15 days of any change in officers of the association. i. Provision of appropriate "no parking" signs and red - curbing along interior roadways as required by the City Fire Department. j. CC &R's shall not prohibit location of solar clothes drying facilities in private yards which are substantially screened from view. k. All garages must be available for parking a vehicle at all times, to be enforced by the homeowners association and the City Resolution No.9814 (2006`series) Page 4 11. A masonry wall shall be constructed along the east property line between Units 2 and 3, adjacent to the uncovered parking area, to minimize effects of vehicle noise and light on adjacent parcels. Code requirements: The following code requirements are included for information purposes only. They serve to give the applicant a general idea of other City requirements that will apply to the project. This is not intended to be an exhaustive list as other requirements may be identified during the plan check process. Public Works 1. The map shall be recorded prior to building permit issuance in accordance with the city's subdivision regulations and the Subdivision Map Act.. 2. Public improvements required as a condition, code requirement, or mitigation measure may be shown on a separate plan and approved prior to building permit issuance. Said improvements may be completed or a bond posted for their completion to allow for recordation of the map prior to the completing of all required and/or proposed improvements. 3. The required improvements may be processed as required for Tract maps or may be processed under an encroachment permit at the discretion of the City Engineer. If an encroachment permit is used to complete all improvements, then a separate plan review fee shall be established based on the requirements for subdivisions. Depending on the proposed timing for map recordation and building permit issuance, a completion guarantee may be required per city standards. 4. The provisions of Section 16.20.220 of the Subdivision Regulations are applicable to any public improvements and generally those improvements that may have a direct impact on public improvements as detennined by the City Engineer. 5. Traffic impact fees shall be paid for this development prior to building permit issuance. Credit for removal of the existing buildings will be applied based on the use of the existing development. Credit will only be applied to permanent, lawfully existing structures. 6. An encroachment permit will be required from the Public Works Department for any work or construction staging in the public right -of -way. 7. Any easements including but not limited to provisions for all public and private utilities, access, drainage, common driveways, and maintenance of the same shall be shown on the final map or recorded separately prior to map recordation if applicable. 8. A new street light and all associated facilities including but not limited to conduits, sidewalk vaults, fusing, wiring, and luminaries shall be provided on the westerly side of the proposed driveway approach per city standards. The light shall be spaced to honor the existing street light locations and to provide reasonable separation between the existing lights. Off -site street lighting improvements, alterations, or upgrades may be required along roadways Resolution No.9814 (2006 Series) Page 5 leading to and from the proposed development to complete the necessary public improvements. 9. All wire utilities to the new units shall be underground. 10. The owner /applicant shall exhaust options to provide alternate telecommunication service drops or underground service to the existing neighboring properties in an effort to eliminate the existing wood utility pole located to the west of the driveway. If not successful, the pole shall be relocated to provide the required clearances from the driveway transition. 11. The tentative map shows new power, telephone, and cable utilities underground in an easement along the Sandercock frontage. The map and/or building plan submittal shall include complete engineering drawings or a composite utility plan from the serving utilities confirming their infrastructure requirements. 12. Underground electrical service may be provided from the existing overhead system provided at the rear of the property. The owner /applicant shall secure any necessary easements required to extend services to this development. 13. Any sections of damaged or displaced curb, gutter & sidewalk or driveway approach shall be repaired or replaced to the satisfaction of the Public Works Director prior to recordation of the map. 14. The existing street pavement shall be maintained in good repair during construction. The final pavement condition shall be evaluated at the completion of the project for excessive wear or damage resulting from construction operations. Pavement repairs and a slurry seal may be required per city standards if determined as being necessary by the City Engineer. 15. The existing curb grades shall be verified as being consistent with the approved street grades. If it is determined that the curb and gutter has settled to unacceptable limits, then they shall be restored to curb and gutter elevations approved by the City Engineer. Any new curb grade plans shall be prepared by a licensed engineer and shall be the responsibility of the owner /developer. 16. The subdivider shall dedicate a 6' (2m) wide public utility easement and a 10' (3m) wide street tree easement across the frontage of each lot. Said easements shall be adjacent to and contiguous with all public right -of -way lines bordering each lot. 17. A private sewer mainline may be proposed in -lieu of separate sewer laterals for each unit. If proposed or required by the Utilities Director, the on -site sewer main shall be privately owned and maintained by the Homeowner's Association. 18. A maintenance agreement for the sewer, paving, landscape improvements, and any other common improvements shall be recorded prior to or concurrent with the map recordation. 19. The parking lot design shall comply with the parking and driveway standards and Engineering Standard Section 2010.E.7. All parking spaces must be designed so that vehicles can enter in one maneuver. Furthermore, all spaces shall be designed so that Resolution No.9814 (2006`!�eries) � Page 6 vehicles can exit to the adjoining street in a forward direction in not more than two maneuvers. 20. The demolition of the existing building shall comply with all local, state, and federal requirements for the demolition of structures. 21. A preliminary soils report is required in accordance with the Subdivision Map Act and the City of San Luis Obispo Subdivision Regulations. The report is required at the time of tentative map submittal or if approved may be deferred to map recordation. The report shall be referenced on the final map in accordance with the city's Subdivision Regulations and the Subdivision Map Act. 22. This project shall comply with the requirements for engineered grading in accordance with the grading ordinance. The grading, drainage, and erosion control plans shall be prepared by a licensed civil engineer. 23. The building plan submittal shall include a complete grading, drainage and topo plan. The grading plan shall show existing structures and grades located within 15' of the property lines in accordance with the grading ordinance. The plan shall consider historic offsite drainage tributary to this property that may need to be conveyed along with the improved on -site drainage. This development will alter and/or increase the storm water runoff from this site. The improved or altered drainage shall be directed to the street and not across adjoining property lines unless the drainage is conveyed within recorded easements or existing waterways. 24. The grading and drainage plan shall show the existing and proposed contours and/or spot elevations to clearly depict the proposed grading and drainage. Show and label the high point elevation or grade break at the yard areas, drainage arrows, and spot elevations to show positive drainage away from the building pads and foundations to an approved point of disposal. The plan shall include the FF of the units, finish grade elevations, finish surface elevations, and parking lot drainage. 25. The building plan submittal shall include an erosion control plan and erosion control notes in accordance with the Waterway Management Plan Drainage Design Manual and to the satisfaction of the Building Official and Public Works Director. Erosion control measures shall be implemented and maintained for construction occurring between October 15 and April 15. 26. One 15- gallon street tree is required for each 35 lineal feet of frontage. A portion or all the required street trees shall be planted in the parkway per city engineering standards #8010 and #8230 prior to recordation of the map. The remaining street trees shall be planted within the street tree easement area. The final mix of species and tree locations shall be approved to the satisfaction of the City Engineer and City Arbori st. 27. The proposed street trees and any parkway landscaping shall be installed and maintained by the HOA. The final planting plan for the parkway and onsite landscape areas shall consider the required line -of -sight distances for vehicles exiting onto Sandercock. Resolution No.9814 (2000 series) � Page 7 Mapping and Misc. Requirements 28. 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. 29. The parcel map /final map preparation and tnonumentation shall be in accordance with the city's Subdivision Regulations, Engineering Standards, and the Subdivision Map Act. The parcel map may use Customary U.S. Units or the International System of Units (metric system). All record data shall be entered on the map in the record units, metric translations should be in parenthesis if applicable. Grading & Drainage 30. In order to mitigate for a decrease in water quality, the stormwater runoff from all improved areas of the development site, except rooftops, shall be treated in accordance with the Best Management Practices published in the California Stormwater Quality Association's Best Management Practice Handbook, January 2003. For the purposes of water quality design, all water quality BMPs shall be designed to treat runoff from a 25 mm/24 -Hour storm event. 31. Prior to the approval of public improvement plans, the subdivider shall submit an updated report based on the final design in accordance with the City's Waterways Management Plan Drainage Design Manual Water, Sewer & Utilities 32. The existing sewer laterals stubbed to the property shall be properly abandoned at the public main. The sewer lines in the public right -of -way shall be parallel or perpendicular to the street centerline. The minimum slope for any public sewer is 0.005. The water service configuration appears adequate, however it is suggested that the ten meters be configured in manifolds of 4, 3, and 3 meters each, with the landscape meter being the fourth meter on one of the manifolds. On motion by Council Member Mulholland, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Brown, Ewan, and Mulholland, and Vice Mayor Settle NOES: None ABSENT: Mayor Romero Resolution No.9814 (2006-5eries) Page 8 The foregoing resolution was passed and adopted this 20`hdayof June 2006. Vice Mayo Allen Settle ATTEST: Audrey 6 per City Cle� APPROVED AS TO FORM: JoT6th a Lowell City Attorney = (\CJL)�td. O RESOLUTION NO. 9813 (2006 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING A VARIANCE FROM A REQUIREMENT OF THE CITY'S FLOOD ORDINANCE AT 229 HIGH STREET WHEREAS, Regina Kirk ( "owner ") desires to remodel and to construct an addition to an existing residence at 229 High Street; and WHEREAS, the City's Flood Damage Prevention regulations require that any substantial improvement or a residential structure shall include elevating the lowest floor to at least one foot above the base flood elevation; and WHEREAS, the owner wishes to raise the sunken portion of the residence and construct an addition to the elevation of the remainder of the residence which is 0.82 feet above the base flood elevation; and WHEREAS, the owner's proposal does not comply with the flood damage prevention ordinance and so the City Engineer is unable to authorize construction; and WHEREAS, pursuant to the flood damage regulations, the owner has requested the City Council grant a variance from the aforementioned requirement; and WHEREAS, the City Council has adequately considered and made the necessary findings as required to comply with the conditions for variances established in Chapter 17.84.140 of the Municipal Code. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Council approves a variance to the flood ordinance upon finding that; (a) There will not be an increase in flood levels during the 100 year flood in any designated floodway because the addition will provide venting to accept flood waters and the sunken room will be raised and vented, allowing flood water to be accepted under the area of the house where it is currently excluded due to the slab on grade construction. (b) The variance and associated conditions granted by the Council are the minimum necessary, considering the flood hazard, to afford relief, in that the raising of the foundation is the primary condition of concern to the owners. (c) There is a showing of good and sufficient cause in that the property is at the edge of the 100 year flood zone and a portion of the addition appears to be out of the 100 year flood zone. The remodeling will improve the flow conditions around the building and raise the sunken room above the flood elevation, where it is now below. The addition is minor, with a portion of the remodel costs triggering compliance coming from the raising of the sunken room, which is beneficial from a flood damage prevention stand point. (d) Failure to grant the variance would result in exceptional hardship to the applicant in that the property is very small with narrow side yards, unlike neighboring properties, making foundation replacement difficult.; and (e) The granting of the variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, and will not create nuisances, cause R 9813 Resolution No. 9813 (2006 Series) Page 2 fraud on or victimization of the public, cause any environmental impact that cannot be mitigated, or conflict with existing local laws or ordinances in that the raising of the bedroom, which has a greater footprint than the addition, will provide added flood flow area. The variance will be recorded in the chain of title for the property to ensure that future potential buyers are aware of the risk. The owner will sign a hold harmless agreement, also to be recorded in the chain of title, to protect the public from the cost associated with unwarranted litigation against the City in the case of flood damage. The project will be reviewed for environmental impacts through the permit process. SECTION 2. The following conditions shall apply to the approval of the variance: (a) The water heater to be elevated such that the controls are one foot above the base flood elevation. (b) The remodel to include the raising of the lowest floor to match the higher floor elevation. (c) The raised room and the new addition to include venting of the crawl space for equalization of flood flow. (d) The construction of the raised room and the addition to be of flood resistant materials below the floor elevation. (e) The electrical outlets in the garage to be raised to one foot above the base flood elevation. (f) The owner to provide a statement from a registered professional engineer or architect indicating that the existing structure is anchored to the foundation per the previous standard. (g) The owner to record in the chain of title a notice of the variance and a hold harmless agreement that will be binding on purchasers, heirs and assignees. A copy of the agreement and the documentation of filing to be provided to the City prior to release of the building permit. Upon motion of Council Member Brown, seconded by Council Member Ewan, and on the following vote: AYES: C Council Members Brown. E C� C, Resolution No. 9813 (2006 Series) Page 3 The foregoing resolution was adopted this 20`h day of June 2006. /ice Mayor Allen Settle ATTEST: . vd4-"4 4V4-,�, — Audrey Vper City Clerk APPROVED AS TO FORM: Jon . Lowell City Attorney C, i RESOLUTION NO. 9812 (2006 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AMENDMENTS TO THE 2005 -07 FINANCIAL PLAN AND APPROPRIATING FUNDS FOR FISCAL YEAR 2006 -07 WHEREAS, the Council adopted the 2005 -07 Financial Plan on June 21, 2005, which established comprehensive financial and policy guidelines for fiscal years 2005 -06 and 2006 -07; and WHEREAS, the 2005 -07 Financial Plan included appropriations for fiscal year 2006 -07; and WHEREAS, the Council has reviewed proposed changes to the 2005 -07 Financial Plan to be effective for fiscal year 2006 -07 after holding noticed public hearings; and WHEREAS, the City Administrative Officer has submitted the 2005 -07 Financial Plan Supplement and Preliminary 2006 -07 Budget to the Council for their review and consideration. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis Obispo hereby approves amendments to the 2005 -07 Financial Plan and appropriates funds for fiscal year 2006 -07. 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 Vice Mayor Settle NOES: None ABSENT: Mayor Romero The foregoing resolution was adopted this 2e day of June 2006. Vice Mayor Allen Settle ATTEST: Audrey Hoo e City Clerk APPROVED AS TO FORM: Jona an . well City Attorney �rluzi 3 U RESOLUTION NO. 9811(2006 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING WATER SERVICE RATES WHEREAS, it is the policy of the City of San Luis Obispo to review enterprise fund fees and rates 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 services; and WHEREAS, a comprehensive analysis of Water Fund operating, capital and debt service needs has been performed for fiscal years 2006 -07 through 2012 -13; and WHEREAS, this comprehensive analysis has been revised based on updated revenue and expenditure information; and WHEREAS, a third tier water pricing structure is established for single family residential customers using greater than 25 units per month; and WHEREAS, the Council has reviewed the water service rates necessary to meet system operating, capital and debt service requirements. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1., Resolution No.9686 (2005 Series) is hereby rescinded, effective July 1, 2006. SECTION 2. The rates set forth in Exhibit "A" are hereby adopted, establishing rates effective July 1, 2006. SECTION 3. The water system access charges are increased from $23.86 per month to $26.72 per month, effective July 1, 2006, to reflect the increase in water rates. Upon motion of Council Member John Ewan, seconded by Council Member Paul Brown, and on the following roll call vote: AYES: Council Members Brown and Ewan, and Mayor Romero NOES: Council Member Mulholland and Vice Mayor Settle ABSENT: None The foregoing resolution was adopted this 20'h day of June 2006. Mayor David . Romero ATTEST: �UG(i Audrey Hoo City Clerk APPROVED AS TO FORM: MRatbanI5. Lowell City Attorney R 9811 �I Resolution No. 9811 (2006 S6ties) Page 2 MONTHLY WATER SERVICE RATES CCF: Per Hundred Cubic Feet 2006 Rates Effective July 1, Customer Type Single Family All Other Customers Residential Customers Inside the City Rates 1 - 5 CCF $3.28/CCF 1 - 5 CCF $3.281CCF 5 - 25 CCF $4.11 /CCF 5+ CCF $4.11 /CCF 25+ CCF $5.14/CCF Outside the City Rates' 1 - 5 CCF $6.56/CCF 1 - 5 CCF $6.561CCF 5 - 25 CCF $8.221CCF 5+ CCF $8.22/CCF 25+ CCF $10.281CCF ' For service to customers outside the City, the rates are two times the in City rate. CCF: Per Hundred Cubic Feet �v LCL Qua RESOLUTION NO. 9810 (2006 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO OF INTENTION TO ABANDON A 60 -FOOT WIDE UNDEVELOPED PORTION OF SOUTH STREET EAST OF BROAD STREET (ABAN 62 -05) WHEREAS, the City of San Luis Obispo Planning Commission conducted a regular public hearing on May 24, 2006, for the purpose of making a General Plan determination and formulating a recommendation to the City Council on a request for abandonment of a portion of undeveloped South Street right -of -way east of Broad Street; WHEREAS, the City Planning Commission found that the proposed right -of -way abandonment was consistent with the City's General Plan, and recommended that the City Council approve the abandonment, based on findings and subject to conditions as indicated in Planning Commission Resolution, incorporated herein by reference. BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. It is the intention of the City of San Luis Obispo to abandon a portion of South Street as described and shown in Attached Exhibit A, incorporated herein by reference, pursuant to Section 8300 et seq. of the State of California Streets and Highways Code, and that the abandonment shall be based on the following findings, and subject to the following conditions and code requirements: Findings 1. The proposed right -of -way abandonment, with the reservation of appropriate utility and access easements, is consistent with the General Plan because it is no longer needed for present or future public street purposes. 2. 'The right -of -way proposed for abandonment has never been improved or used for its intended purposes, and no public funds have been expended over the last five years. Conditions 1. Reservation of easements for existing public utilities shall be required, to the satisfaction of the respective utility companies, along with any revisions to those facilities as a result of re- development. Specific details will be determined during the abandonment process, prior to adoption of a final abandonment resolution by the City Council. 2. The abandonment shall be finalized prior to building permit issuance. Any required offsite easements for purposes of access, utilities, and drainage shall be recorded concurrent with or prior to recordation of a city council resolution vacating previous offers of dedication. 3. The landowner /applicant shall submit all required pictorial exhibits and/or legal descriptions necessary to complete the abandonment. All relevant information shall be to the satisfaction of the Public Works Director. Resolution No. 9810 (2006 Series) Page 2 SECTION 2. Copies of the map showing the particulars of the proposed abandonment are on file in the office of the City Clerk, at 990 Palm Street. SECTION 3. Tuesday, August 15, 2006, at 7:00 p.m. in the Council Chamber of the City Hall, 990 Palm Street, San Luis Obispo, California is the time and place set for hearing all persons interested in or objecting to the proposed abandonment, which time is more than fifteen (15) days from the passage of this resolution. SECTION 4. This resolution, together with the ayes and noes, shall be published once in full at least ten (10) days before the public hearing on the proposed street right -of -way abandonment, in The Tribune, a newspaper published and circulated in this city. SECTION 5. The City Engineer shall post at least three (3) notices of the proposed abandonment in prominent locations near the portion of the street right -of -way to be abandoned at least fourteen (14) days before the date set for the hearing in accordance with Section 8322 of the Streets and Highways Code. SECTION 6. The City Engineer shall notify utility companies affected by the proposed abandonment within ten (10) days after adoption of the Resolution of Intention in accordance with Section 8347 of the Streets and Highways code. On motion of Council Member Mulholland, seconded by Council Member Brown, and on the following roll call vote: AYES: Council Members Brown, Ewan and Mulholland, and Vice Mayor Settle NOES: None ABSENT: Mayor Romero The foregoing resolution was passed and adopted this 20'h day of June 2006. mice Mayor Allen ettle ATTEST: Audrey oper City Cle APPROVED AS TO FORM: Jonath . Lowell City Attorney 2; tms4^ wuc: a- a« usewfenn .uuls..�lcre.w::dw�_ -af. br+r....� +u nae ..s.., a.ar. __ _ H � ao !Y J LE IS op tl —P N It to 2 mm. a m m.n Ji ry +an.w uve: wni t II I � di for I ( � I t91 -10�aL M tlb ]T/Mtl E% -NV C1/ Q O� I I � 120tbYJ ]A1 m /iiYS :D11 Y m � � a q s T� 133111S 73NO" .=4- h�� C RESOLUTION NO. 9809 (2006 Serieb) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING THE APPROPRIATIONS LIMIT FOR 2006-07 WHEREAS, the voters approved the Gann Spending - Limitation Initiative on November 6, 1979, and Proposition 111 on June 5, 1990, which establish and define annual appropriation limits on state and local government agencies; and WHEREAS, regulations require that the governing body of each local agency establish its appropriations limit and annual adjustment factors by resolution; and WHEREAS, the required calculations to determine the City's appropriations limit and estimated appropriations subject to limitation for 2006 -07 have been performed by the Department of Finance & Information Technology and are available for public review. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis Obispo hereby adopts the City's appropriations limit and annual adjustment factors for 2006 -07 as follows: Appropriations Limit: 2005 -06 $41,021,300 Cost of Living Factor. Percent change in California per capita income 3.96% Population Factor: County Population Growth 0.73% Compound Percentage Factor (multiplicative not additive) 4.72% Appropriations Limit: 2006 -07 $42,957,100 Upon motion of Council Member Brown, seconded by Council Member Mulholland, and on the following vote: AYES: Council Members Brown, Ewan, and Mulholland and Vice Mayor Settle NOES: None ABSENT: Mayor Romero The foregoing resolution was adopted this 20"' day of June 2006. Vice Mayor Allen Settle ATTEST: Audrey o per City Cler APPROVED AS TO FORM: Jonat v . Lowell City Attorney 1,i C I �x �Cv ` �J RESOLUTION NO. 9808 (2006 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE EMPLOYMENT CONTRACTS OF DEBORAH J. CASH, DOWNTOWN ASSOCIATION ADMINISTRATOR, AND KRISTIN DENNIS, PROMOTIONS COORDINATOR, FOR THE PERIOD JULY 19 2006, THROUGH JUNE 309 2007 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the contract of employment between the City of San Luis Obispo and DEBORAH J. CASH as Downtown Association Administrator for the period July 1, 2006, through June 30, 2007, attached hereto as Exhibit "A" and by this reference made a part hereof, has been reviewed and is approved and the Mayor is authorized to execute same. SECTION 2. That the contract of employment between the City of San Luis Obispo and KRISTIN DENNIS as Promotions Coordinator for the period of July 1, 2006, through June 30, 2007, attached hereto as Exhibit `B" and by this reference made a part hereof, has been reviewed and is approved and the Mayor is authorized to execute same. On motion of Council Member Brown seconded by Council Member Mulholland, and on the following roll call vote: AYES: Council Members Brown, Ewan, and Mulholland, and Vice Mayor Settle NOES: None ABSENT: Mayor Romero The foregoing resolution was adopted this 20`x' day of June 2006. GVice Mayor then Settle ATTEST: Audrey o er City Cl APPROVED AS TO FORM: Jona . Lowell City Attorney Exhibit "A" Pagc I of' 5 CONTRACT OF EMPLOYMENT THIS CONTRACT is entered into this 20th day of June, 2006, by and between the CITY OF SAN LUIS OBISPO, State of California (hereinafter referred to as "City "), and DEBORAH J. CASH, a contract employee (hereinafter referred to as "Employee "). WITNESSETH: WHEREAS, the City of San Luis Obispo has a need for a Downtown Association Administrator; and WHEREAS, Employee is qualified to perform such service for City; and WHEREAS, the services to be contracted for are Downtown Association Administrator. NOW, THEREFORE, the parties do mutually agree as follows: 1. Employment. City hereby engages Employee and Employee hereby agrees to perform for City the services hereinafter set forth for the compensation hereinafter set forth, all pursuant to the tetras and conditions herein. 2. Scope of Services. Pursuant to this Contract, Employee shall provide to City the following services: Administrator for the Downtown Association (DA); specific duties and responsibilities to be established and modified from time to time by the DA Advisory Board. Employee shall perform said services under the direct supervision of DA Board of Directors. 3. Employment Status. Employee shall be a full -time employee. Membership in the City PERS retirement program shall be in accordance with PERS requirements with 5% of the employee's share to be paid by Employee, 3% of the employee's share to be paid by the Downtown Association. Employee shall accrue holiday and sick leave benefits consistent with other positions in the City and as determined by the Director of Human Resources. Employee shall accrue 8 hours of vacation per month over the term of this Agreement which shall be taken GADowntown Association \2006 \2006 DA Cash & Dennis Reso and Contract.doc O Exhibit "A" Page 2 of 5 in a manner consistent with other City employees. Employee shall be granted up to 48 hours per year of administrative leave in lieu of overtime compensation, in recognition of the fact that the employee is exempt from overtime compensation consideration and that the employee's schedule may require work beyond 40 hours in a week. The Downtown Association offers a paid medical benefit for Employee and dependents not to exceed the $7,000 annually. However -, Employee may choose to participate in any health plan of her choice. Should Employee not utilize the medical coverage provided by the Downtown Association, Employee shall be entitled, upon proof of other current and valid medical coverage, to receive the cash equivalent of the $7,000 benefit annually, dispersed in equal partial payments,'on a per pay period basis, over the course of each year. Employee shall be eligible for reimbursement for mileage at the current reimbursable rate for City of San Luis Obispo employees for use of her private automobile for official business but not including any mileage attributable to normal commuting by Employee to and from her office. Employee understands and agrees that her term of employment is governed only by this Contract; that no right of tenure is created hereby, and that she does not hold a position in any department or office of the City. 4. Warranty of Employee. Employee warrants that she is properly certified and licensed under the laws and regulations of the State of California to provide the services herein agreed to. 5. Compensation. City shall pay to Employee as compensation in full for all services performed by Employee pursuant to the Contract, the sum of $5,978.10 per month ($71,737.20 per year), said compensation to be paid in accordance with normal City procedures. 6. Term of Contract. This Contract shall commence on July 1, 2006 through June 30, 2007, unless terminated earlier as provided herein. The City Administrative Officer may terminate the contract without the need for action, approval or ratification by the City Council. G: \Downtown Association \2006 \2006 DA Cash & Dennis Reso and Contract.doc Exhibit "A" Page 3 of 5 7. Termination of Contract for Convenience. Either party may terminate this Contract at any time by giving to the other party fifteen (15) days written notice of such termination, specifying the effective date of such termination. Employee shall be paid for all work satisfactorily completed prior to the effective date of such termination. Employee agrees that the notice provisions of this paragraph shall limit the liability of the City in the event that a termination action taken by City pursuant to paragraph 8 is subsequently found to be improper. 8. Termination of Contract for Cause. If Employee fails to perform her duties to the satisfaction of the City, or if employee fails to fulfill in a timely and professional manner the obligations under this Contract, or if Employee shall violate any of the terms of provisions of this Contract, or if Employee has a physical or mental incapacity that precludes Employee from performing the duties, or if Employee fails to exercise good behavior in either during or outside of working hours which is of such a nature that it causes discredit to the City or impairs her ability to perform these contract duties, then the City shall have the right to terminate this Contract effective immediately upon the City's giving written notice thereof to Employee. Employee shall be paid for all work satisfactorily completed prior to the effective date of such termination. 9. Entire Agreement and Modification. This Contract constitutes the entire understanding of the parties hereto. This Contract supersedes all previous contracts, agreements, negotiations or understandings; whether written or oral, between the parties. Employee shall be entitled to no other benefits than those specified. herein, and Employee acknowledges that no representations, inducements or promises not contained in this Contract have been made to Employee to induce Employee to enter into this Contract. No changes, amendments, or alterations hereto shall be effective unless in writing and signed by both parties. Employee specifically acknowledges that in G'. \Downtown Association \2006 \2006 DA Cash & Dennis Reso and Contract.doc Exhibit "A" Page 4 of 5 entering into and executing this Contract, Employee relies solely upon the provisions contained in this Contract and no others. 10. Non - Assignment of Contract. This Contract is intended to secure the individual services of the Employee and thus Employee shall not assign, transfer, delegate, or sublet this Contract or any interest therein without the prior written consent of City, and any such assignment, transfer, delegation, or sublet this Contract or any interest therein without the prior written consent of City, and any such assignment, transfer, delegation, or sublet without the City's prior written consent shall be considered null and void. 11. Covenant. This Contract has been executed and delivered in the State of California, and the validity, enforceability and interpretation of any of the clauses of this Contract shall be determined and governed by the laws of the State of California. All duties and obligations of the parties created hereunder are performable in the City of San Luis Obispo, and such City shall be that venue for any action, or proceeding that may be brought, or arise out of, in connection with or by reason of the Contract. 12. Nondiscrimination. There shall be no discrimination against any person employed pursuant to this contract in any manner forbidden by law. 13. Conflicts of Interest. The employee shall not participate in any decision related to this Contract which affects her personal interest or the interest of any corporation, partnership, or association in which she is directly or indirectly interested. 14. Copyriltt. Any reports, maps, documents or other materials produced in whole or part under this Contract shall be the property of the City and shall not be subject to an application for copyright by or on behalf of Employee, without the prior written approval of the City. 15. Outside Employment, Conduct and Behavior. G: \Downtown Association \2006 \2006 DA Cash & Dennis Reso and Contract.doc o � o ExMbit "A" Page 5 of S a. Employee may engage in outside activities such as part-time teaching, consulting, or in other similar activities unrelated to City business only with the express prior approval of the City Administrative Officer. b. Employee shall comply with all local and state requirements regarding conflicts- of- interest and shall avoid personal involvement in situations which are inconsistent or incompatible with the position of DA Administrator or give rise to the appearance of impropriety. 16. Enforceability. If any terms, covenant, condition or provision of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. IN WITNESS WHEREOF, City and Employee have executed this Contract on the day and year first hereinabove:set forth. CITY OF SAN LUIS OBISPO David F. Romero, Mayor` EMPLOYEE: i V1 �tii��zl�� Deborah J. Cash, CMSM ATTEST`. Audrey Ho per, City Clerk APPROVED AS TO FORM an Lowell, City Attorney G:\Downtown Association \2006 \2006 DA Cash & Dennis Reso and Contract.doc Exhibit "B" Page 1 of 5 CONTRACT OF EMPLOYMENT THIS CONTRACT is entered into this 20th day of June, 2006, by and between the CITY OF SAN LUIS OBISPO, State of California (hereinafter referred to as "City "), and KRISTIN DENNIS, a contract employee (hereinafter referred to as "Employee "). WITNESSETH: WHEREAS, the City of San Luis Obispo has a need for a Downtown Association (DA) Promotions Coordinator (PC); and WHEREAS, Employee is qualified to perform such service for City; and WHEREAS, the services to be contracted for are DA PC. NOW, THEREFORE, the parties do mutually agree as follows: 1. Employment. City hereby engages Employee and Employee hereby agrees to perform for City the services hereinafter set forth for the compensation hereinafter set forth, all pursuant to the terms and conditions herein. 2. Scope of Services. Pursuant to this Contract, Employee shall provide to City the following services: PC for the DA; specific duties and responsibilities to be established and modified from time to time by the DA Board of Directors. Employee shall perform said services under the direct supervision of DA Administrator. 3. Employment Status. Employee shall be a full -time employee. Membership in the City PERS retirement program shall be in accordance with PERS requirements with 6 % of Employee's share to be paid by Employee and 2% of the Employee's share paid by the Downtown Association. Employee shall receive 13 days of holiday and accrue sick leave at a rate of 8 hours per month. Employee shall accrue 8 hours of vacation per month over the term of this Agreement which shall be taken in a manner consistent with other City employees. The only other paid benefit is medical G:\Downtown Association \2006 \2006 DA Cash & Dennis Reso and Contract.doc Exhibit "B" Page 2 of 5 coverage not to exceed $2,000.00 annually. Employee shall be eligible for reimbursement for mileage at the current reimbursable rate for City of San Luis Obispo employees for use of her private automobile for official business but not including any mileage attributable to normal commuting by Employee to and from her office. Employee understands and agrees that her term of employment is governed only by this Contract; that no right of tenure is created hereby, and that she does not hold a position in any department or office of the City 4. Warranty of Employee. Employee warrants that she is properly certified and licensed under the laws and regulations of the State of California to provide the services herein agreed to. 5. Compensation. City shall pay to Employee as compensation in full for all services performed by Employee pursuant to the Contract, the sum of $3,084.58 per month ($37,014.96) per year). 6. Term of Contract. This Contract shall commence on July 1, 2006 through June 30, 2007, unless terminated earlier as provided herein. The City Administrative Officer may terminate the contract without the need for action, approval or ratification by the City Council. 7. Termination of Contract for Convenience. Either party may terminate this Contract at any time by giving to the other party fifteen (15) days written notice of such termination, specifying the effective date of such termination. Employee shall be paid for all work satisfactorily completed prior to the effective date of such termination. Employee agrees that the notice provisions of this paragraph shall limit the liability of the City in the event that a termination action taken by City pursuant to paragraph 8 is subsequently found to be improper. 8. Termination of Contract for Cause. If Employee fails to perform her duties to the satisfaction of the City, or if employee fails to fulfill in a timely and professional manner the G: \Downtown Association \2006 \2006 DA Cash & Dennis Reso and Contract.doc +1 Exhibit "B" Page 3 of 5 obligations under this Contract, or if Employee shall violate any of the terms of provisions of this Contract, or if Employee has a physical or mental incapacity that precludes Employee from performing the duties, or if Employee fails to exercise good behavior in either during or outside of working hours which is of such a nature that it causes discredit to the City or impairs her ability to perform these contract duties, then the City shall have the right to terminate this Contract effective immediately upon the City's giving written notice thereof to Employee. Employee shall be paid for all work satisfactorily completed prior to the effective date of such termination. 9. Entire Agreement and Modification. This Contract constitutes the entire understanding of the parties hereto. This Contract supersedes all previous contracts, agreements, negotiations or understandings, whether written or oral, between the parties. Employee shall be entitled to no other benefits than those specified herein, and Employee acknowledges that no representations, inducements or promises not contained in this Contract have been made to Employee to induce Employee to enter into this Contract. No changes, amendments, or alterations hereto shall be effective unless in writing and signed by both parties. Employee specifically acknowledges that in entering into and executing this Contract, Employee relies solely upon the provisions contained in this Contract and no others. 10. Non-Assignment-of Contract. This Contract is intended to secure the individual services of the Employee and thus Employee shall not assign, transfer, delegate, or sublet this Contract or any interest therein without the prior written consent of City, and any such assignment, transfer, delegation, or sublet this Contract or any interest therein without the prior written consent of City, and any such assignment, transfer, delegation, or sublet without the City's prior written consent shall be considered null and void. 11. Covenant. This Contract has been executed and delivered in the State of California, GADowntown Association \2006 \2006 DA Cash & Dennis Reso and Contract.doc G Exhibit "B" Page 4 of 5 and the validity, enforceability and interpretation of any of the clauses of this Contract shall be determined and governed by the laws of the State of California. All duties and obligations of the parties created hereunder are performable in the City of San Luis Obispo, and such City shall be that venue for any action, or proceeding that may be brought, or arise out of, in connection with or by reason of the Contract. 12. Nondiscrimination. There shall be no discrimination against any person employed pursuant to this contract in any manner forbidden by law. 13. Conflicts of Interest. The employee shall not participate in any decision related to this Contract which affects her personal interest or the interest of any corporation, partnership, or association in which she is directly or indirectly interested. 14. Co t. Any reports, maps, documents or other materials produced in whole or part under this Contract shall be the property of the City and shall not be subject to an application for copyright by or on behalf of Employee, without the prior written approval of the City. 15. Outside Employment, Conduct and Behavior. a. Employee may engage in outside activities such as part-time teaching„ consulting, or in other similar activities unrelated to City business only with the express prior approval of the City Administrative Officer. b. Employee shall comply with all local and state requirements. regarding conflicts- of- interest and shall avoid personal involvement in situations which are inconsistent or incompatible with the position of DA PC or give rise to the appearance of impropriety. 16. Enforceability. If any terms, covenant, condition or provision of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions herein shall remain in full force and effect and shall in no way be affected, impaired or G: \Downtown Association \2006 \2006 DA Cash & Dennis Reso and Contract.doc Exhibit "t3" Page 5 of 5 invalidated thereby. IN WITNESS WHEREOF, City and Employee have executed this Contract on the day and year first hereinabove set forth. CITY OF SAN LUIS OBISPO I David F. Romero, Mayor EMPLOYEE: Kristin Dennis ATTEST: Audrey Hooper, City Clerk �:Clerk APPROVED AS TO FORM knath'arn Lowell, City Attorney G:\Downtown Association\2006\2006 DA Cash & Dennis Reso and Contract.doc �Z�� � C C RESOLUTION NO. 9807 (2006 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE SAN LUIS OBISPO COUNTY ASSESSOR TO ASSESS AMOUNTS DUE ON DELINQUENT SOLID WASTE COLLECTION AND DISPOSAL ACCOUNTS AS LIENS AGAINST THE PROPERTIES WHEREAS, Section 8.40.070 of the San Luis Obispo Municipal Code establishes that all developed properties in the City must use the solid waste collection and disposal service provided by the City's franchisee, that the franchisee is responsible for collecting fees for the service, and that owners of developed properties are responsible for paying for the service; and WHEREAS, Section 8.04.070 of the Municipal Code further provides a method by which, once each year, the franchisee may take actions to collect fees from the owners of developed properties involved in delinquent solid waste collection and disposal accounts; and WHEREAS, The franchisee, San Luis Garbage Company, has taken the actions required within the Municipal Code to collect fees from delinquent accounts as certified by franchisee and incorporated herein. BE IT RESOLVED that the City Council of San Luis Obispo hereby authorizes the San Luis Obispo County Assessor to assess the amounts due on delinquent accounts as established and certified by the franchisee San Luis Garbage Company as liens against the developed properties listed below. Property Owner James H. Benner Parcel Number Property Address Amount 1003- 581 -031 1_910 Fixlini 5 226.46 Cathv Betts l oy S. D. Clogston Valana Woodward 052 125 008 052-291-001 001 - 124 -023 12011 Hays 1301 Cerro Romauldo 1618 ohnson S 96.36 S 143.34 S 199.66 Gary Cully j053 -245 -001 1945 Del Rio S 50050 Eduardo & Maria Del ado 1004-413-015 11867 Huasna j S 403.52 John F. Fitzpatrick, I r. 1001 -182 -008 397 Broad S 248.90 Steve P. & Regina C. Goss 1003- 625 -004 11721 Nipomo 1 $ 157.34 Doris Greenwood 1052 -504 -018 1550 Highland 1 S 167.50 Robert Gonzales 1003 -571 -011 11156 Iris S 115.08 Laura M. King 1053- 300 -024 11283 Chaparral S 374.76 Paul R. & Diane Kwong 1004- 912 -032 556 Mitdiell S 89.14 Barry Lajoie 1004- 782 -020 12608 Augusta S 141.90 John P. & Sherry A. Merino 1003- 566 -018 1780 )ohnson S 763.84 Skene Mood- �T003-687-071 Dona K. Noe 052- 041 -065 12151 Sierra _j 1748 Foothill $ 130.16 j S 301.68 Dona Noe 1052- 133 -029 12176 Santa Yncz I S 108.18 Vernon & Michelle Phillips 1002- 415 -002 1857 mill S 226.74 Robin L. Rossi 002- 434 -002 11009Montcrey 907.64 Anthony A. & Gloria Sarms 1003- 722 -025 — —�-S 1266 Sandermdk I S 148.34 Gene A. & Laura E. Stewart 1004 -671 -002 ;3114 Rose Avenue S 437.22 Eric B. Tom ac -184 -007 _ 1755 Center S 238.80 Masks We Vonengel w1001 1001- 132 -024 1710 California S 371.84 Jason & Rebem Waddel 1004 -401 -018 11536 Newport j S 230.40 MT-ft Resolution No. 9807 (2006 Series) Page 2 Upon motion of Council Member Brown seconded by Council Member Mulholland, and on the following roll call vote: AYES: Council Members Brown, Ewan, and Mulholland, and Vice Mayor Settle NOES: None ABSENT: Mayor Romero The foregoing resolution was adopted this 20"' day of June 2006. Vice Mayor Allen Settle ATTEST: Audrey per City Cl APPROVED AS TO FORM: Jo atha . Lowell Ci y ttorney v LCL,l -61