HomeMy WebLinkAbout9861-9874RESOLUTION NO. 9874 (2007 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING CRITERIA FOR EVALUATING SUBORDINATION REQUESTS FOR
LOANS ON DEED - RESTRICTED AFFORDABLE HOUSING UNITS
WHEREAS, the City of San Luis Obispo has received requests for loan subordination on
deed - restricted affordable housing units; and
WHEREAS, each subordination request has, in the past, been evaluated on a case -by-
case basis with no policy direction; and
WHEREAS, a recent request would have resulted in a loan amount on a deed - restricted
affordable housing unit that exceeded the affordable sales price allowed by $90,000; and
WHEREAS, other jurisdictions that administer deed - restricted affordable housing units
have strict policies in place for when loan subordination is appropriate; and
WHEREAS, the intent of a policy is to decrease the possibility of foreclosure on the
affordable unit due to increased financial risks associated with property owner indebtedness and
to maintain a stock of affordable housing units for existing and future occupants.; and
WHEREAS, the City of San Luis Obispo should have a written policy that can be
referenced when making subordination decisions.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The City will consider subordination of its position to other loans on deed -
restricted affordable housing units if all five of the below conditions are met:
1. The amount of the new loan (and any other loans on the property other than the City's second
trust deed) cannot exceed the restricted amount for which the home can be resold based upon
the Affordable Housing Standards and the. City's most current information.
2. The proceeds of the new loan shall only be used to pay off the existing loan, loans superior to
the City's loan, to pay closing costs, or to pay for home improvements.
3. The new loan must achieve a better financial situation for the borrower, such as a lower
interest rate, lower payments, or improved debt -to- income ratio.
4. If the funds from a new loan are proposed for a home improvement project, evidence of
issued building permits and contractors' estimates for the work must be submitted to the
Community Development Department of the City prior to subordination of the loan.
5. The terms of the City's promissory note and second deed of trust have not been violated.
Resolution No. 9874 (2007 Series)
Page 2
Upon motion of Council Member Settle, seconded by Vice Mayor Mulholland,
and on the following vote:
AYES: Council Members Brown, Carter, and Settle, Vice Mayor Mulholland and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 20th day of February 2007.
Mayor David F. Romero
ATTEST:
!4�1'
Audrey Ho er
City Clerk
APPROVED AS TO FORM:
Jon . Lowell
City Attorney
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RESOLUTION NO. 9873 (2007 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING A TENTATIVE
TRACT MAP AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO
RE- SUBDIVIDE THREE LOTS INTO FIVE, WITH EXCEPTIONS TO THE
SUBDIVISION REGULATIONS, FOR PROPERTY LOCATED AT
2710 AUGUSTA STREET (TR/ER 104 -06)
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
10, 2007, for the purpose of considering application TR and ER 104 -06, a request to re- subdivide a three
parcel deep -lot subdivision into five parcels, 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.
Minor Subdivision
1. As conditioned, the design of the tentative map and proposed improvements are consistent with the
General Plan and its policies that call for compact urban form and a variety of housing types
compatible with the surrounding neighborhood. This is because the proposed new lots are within an
existing neighborhood, located along an existing common - access driveway, and are surrounded by
urban development.
2. As conditioned, the site is physically suited for the type and density of development allowed in the
R -1 zone, since the proposed lots meet area standards as required within the R -1 district and project
conditions will require architectural review for new development.
3. The design of the tentative map and the proposed improvements are not likely to cause serious health
problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife
or their habitat since the project does not involve significant tree removals, it does not interfere with
creeks or wetlands, and the site is surrounded by urban development.
4. The design of the subdivision will not conflict with easements for access through (or use of property
within) the proposed subdivision since all adjacent properties are accessed independently and the
proposed lots, as conditioned, will gain access from the existing shared driveway.
Exceptions to Subdivision Standards for Lot Depth
R 9873
Resolution No. 9873 (2007 Series)
Page 2
5. The property to be divided is of such size or shape, or is affected by such topographic conditions,
that it is impossible, impractical or undesirable; in the particular case, to conform to the strict
application of the regulations codified in the Subdivision Ordinance. Approval of this subdivision in
accordance with the lot depth standards would require demolition of, or moving an existing
residence. General Plan policy discourages the demolition of sound housing and there is no public
benefit to require the existing house to be moved; and
6. The cost to the subdivider of strict or literal compliance with the regulations is not the sole reason for
granting the modification. It is City policy to conserve existing housing and prevent displacement of
occupants; and
7. As conditioned, the modification will not be detrimental to the public health, safety and welfare, or
be injurious to other properties in the vicinity since the modification will only result in a reduced lot
depth, and orientation of the lots towards the common - access driveway. If the lot depth were
measured from the proposed flag lot access driveway these lots would meet all standards of the
Subdivision Ordinance; and
8. Granting the exception is in accord with the intent and purposes of these regulations, and is
consistent with the General Plan and with all applicable specific plans or other plans of the City since
it does not grant special privileges or modify allowable land uses within the existing R -1 district.
9. A Negative Declaration was prepared by the Community Development Department on December 20,
2006, and recommended by the Planning Commission on January 10, 2007/ The City Council 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 to re- subdivide three existing parcels into five
residential lots, and adoption of said Negative Declaration (TR/ER 104 -06), with incorporation of the
following project conditions:
The new parcels shown on the Tentative Tract Map shall be considered "Sensitive Sites" and
construction shall be subject to architectural review to consider neighborhood compatibility.
2. Prior to recordation of the final map, the non - conforming duplex on lot 5, addressed as 2720
Augusta, shall be modified to conform with standards for the R -1 district, as a single - family dwelling
with three parking spaces, at least one of which is covered.
3. The existing driveway approach and any new approach shall comply with current City and ADA
standards.
4. Lots 2 thru 5 shall share a common driveway approach to Augusta Street, and each residence shall be
designed in consistency with City Standards for deep -lot subdivisions.
Resolution No. 9873 (2007 Series)
Page 3
5. A landscape plan shall be prepared as part of the subdivision improvement plans. An adequate
quantity of trees and screening shrubs shall be planted at the edge of the accessway adjacent to the
existing residence on the property and along the opposite edge of the accessway where it adjoins
neighboring properties. Additional trees and shrubs may be necessary as required by Community
Development Department. Landscape tree varieties shall be a minimum size of 15- gallon nursery
stock.
6. The subdivider shall provide a 4 -foot wide band of stamped concrete to differentiate a pedestrian
path within the driveway from the sidewalk to the rear of the lots.
7. All subdivision improvements expressed within the project, and project conditions, shall be
completed prior to the recordation of the final map, unless a bond in an amount sufficient to ensure
improvements has been posted for the project.
8. Prior to recordation of the final map the driveway access to lot 2 (which spans lots 2 and 3 and is
covered by an access easement) shall be modified as necessary to meet City standards for a fire truck
and vehicle tum- around.
9. In addition to the easements listed on the tentative map, an easement shall be recorded over the
driveways on lots 2 and 3 for vehicle and fire truck turn- around. This easement shall include a
stipulation that vehicles may not park in this area for any duration of time.
10. Fire Department 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.
11. Pursuant to Government Code Section 66474.9(b), the subdivider shall defend, indemnify and hold
harmless the City and/or its agents, officers and employees from any claim, action or proceeding
against the City and/or its agents, officers or employees to attack, set aside, void or annul, the
approval by the City of this subdivision, and all actions relating thereto, including but not limited to
environmental review.
12. Separate utilities, including water, sewer, gas, electricity, telephone, and cable TV shall be served to
each parcel to the satisfaction of the Public Works Director and serving utility companies. Utilities
to new residences shall be underground.
13. Impact fees shall be paid at the time of new development. Impact fee credit may be available for the
demolition of the existing legal unit in accordance with the related ordinances for Water, Sewer, and
Traffic Impact fees.
14. The applicant shall pay Park In -Lieu Fees prior to recordation of the Final Map, consistent with SLO
Municipal Code Section 16.40.080.
15. A final map drawn in substantial conformance with the approved tentative map, and in compliance
Resolution No. 9873 (2007 Series)
Page 4
with all conditions set forth herein, shall be submitted for review and approval in accordance with
the Subdivision Map Act and the City's Subdivision Ordinance.
On motion by Councilman Settle, seconded by Councilman Brown, and on the following roll
call vote:
AYES: Council Members Brown and Settle, Vice -Mayor Mulholland and Mayor Romero
NOES: Council Member Carter
ABSENT: None
The foregoing resolution was passed and adopted this 6th day of February 2007.
Mayor David F. Romero
ATTEST:
Audrey I er
City Cler
APPROVED AS TO FORM:
•
City Attorney
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RESOLUTION NO. 9872 (2007 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING GENERAL PLAN AMENDMENTS REGARDING
DOWNTOWN BUILDING HEIGHT AND INTENSITY LIMITS AND A
MITIGATED NEGATIVE DECLARATION FOR THE PROJECT
GPA/ER 50 -06
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
on February 6, 2007, in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, considering Planning Application GPA/ER 50 -06, a project to amend certain General
Plan Land Use Element policies regarding downtown building height and intensity limits; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted public
hearings on December 13, 2006, and January 10, 2007, for the purpose of formulating and
forwarding recommendations to the City Council of the City of San Luis Obispo regarding the
proposed General Plan amendments; and
WHEREAS, the City Council initiated the project during a March 14, 2006, study
session and directed staff to:
1) Revise the City's floor area ratio (FAR) definition to exclude basements and
parking.
2) Confirm policy inconsistencies among General Plan policies and development
standards for the downtown.
3) Bring back alternatives for moderately increasing the downtown building
height and intensity limits, in order to achieve other General Plan goals and
objectives, including design amenities, housing, and retail land uses.
4) Review alternatives and recommendations with the Cultural Heritage
Committee, Architectural Review Commission, Planning Commission, and
Downtown Association before returning to the Council; and
WHEREAS, the recommended General Plan amendments are based on input received
from the Cultural Heritage Committee (CHC) and the Architectural Review Commission (ARC),
including testimony received by the CHC and ARC during three public hearings on the proposed
project; and
WHEREAS, the City Council has considered the Initial Study and Mitigated Negative
Declaration of Environmental Impact (ER 50 -06) for the project, and determined that the
document adequately addresses the potential environmental effects of the proposed General Plan
amendments; and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations by staff, presented at
said hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
R 9872
Resolution No. 9872 (2007 Series)
Page 2
Section 1. Findings. Based upon all the evidence, the City Council makes the following
findings:
1. The proposed General Plan amendments will promote the public health, safety and welfare
by ensuring that new tall buildings in the downtown core area provide features that are
necessary to achieve multiple policy objectives, including design amenities, housing and
retail land uses, while maintaining the downtown core area's sense of place.
2. The proposed General Plan amendments insure that development of tall buildings in the
downtown core area will further General Plan goals that promote efficient use of urban land
and identify the downtown core area as the City's most intensely developed area, while also
insuring that view protection is accomplished consistent with LUE Policy 4.7 and COSE
Chapter 9.0.
3. The proposed General Plan amendments will provide for additional housing and economic
development opportunities in the downtown core area, which furthers existing General Plan
policies and allows owners of Unreinforced Masonry Buildings, who are required to retrofit
their buildings, to potentially add additional building height and thereby generate additional
revenue to pay for retrofit projects.
4. The proposed Mitigated Negative Declaration for the project adequately addresses
environmental impacts in the areas of aesthetics, transportation, public services and utilities
and service systems and incorporates mitigation measures to insure that the impacts of the
project are less than significant.
Section 2. Environmental Review. The City Council does hereby approve a Mitigated
Negative Declaration of Environmental Impact for the project.
Section 3. Action. The City Council does hereby adopt the General Plan amendments
included in Exhibit A.
On motion of Council Member Carter, seconded by Council Member Brown, and on
the following roll call vote:
AYES: Council Members Brown and Carter, and Mayor Romero
NOES: Council Member Settle and Vice Mayor Mulholland
ABSENT: None
The foregoing resolution was passed and adopted this 6`s day of February 2007.
n
Resolution No. 9872 (2007 Series)
Page 3
ATTEST:
APPROVED AS TO FORM:
Jona an well
City Attorney
-D
Mayor David F. Romero
Exhibit A
Downtown Building Height and Intensity Limits
General Plan Amendments
LU 4.5 Walking Environment
Downtown should provide safe, exciting places for walking and pleasant places for sitting. To
invite exploration, mid -block walkways, courtyards, and interior malls should be integrated with
new and remodeled buildings, while preserving continuous building faces on most blocks.
Downtown streets should provide adequate space for pedestrians. There should be a nearly
continuous tree canopy along sidewalks, and planters should provide additional foliage and
flowers near public gathering areas. To maintain the downtown's appeal for pedestrians, new
buildings should not obstruct sunlight from reaching sidewalks on the northwest side of Marsh
Street, Higuera Street and Monterey Street at noon on the winter solstice.
LU 4.13: New Buildings and Views
New downtown development nearby publicly -owned gathering places such as Mission Plaza, the
Jack House Gardens, LC YC Cheng Park, and similar gathering spaces shall respect views of the
hills, framing rather than obscuring them. Adjacent buildings shall be designed to allow sunlight
to reach these open spaces, and when planting new trees the potential canopy shall be considered
subordinate to maintaining views of hillsides. In other locations downtown, views will be
provided parallel to the street right -of -way, at intersections where building separation naturally
makes more views available, and at upper -level viewing decks.
LU 4.16.4: Building Height
New buildings shall fit within the context and vertical scale of existing development, shall not
obstruct views from, or sunlight to, publicly -owned gathering places such as Mission Plaza, and
should be set back above the second or third level to maintain a street fagade that is consistent
with the historic pattern of development. Generally, new buildings should not exceed 60 feet in
height. Tall buildings (between 50 and 75 feet) shall be designed to achieve multiple policy
objectives, including design amenities, housing and retail land uses, such as:
• Publicly accessible, open viewing spaces at the upper levels
• Housing affordability in excess of the Inclusionary Housing Requirement
• Energy efficiency beyond State mandated requirements
• Adaptive reuse of a historical resource in a manner consistent with the Secretary of the
Interior's Standards for Rehabilitation
• High residential density (e.g. above 24 units per acre) achieved by a concentration of
smaller dwelling units
• Street level features such as a public plaza, public seating and/or public art
• A major pedestrian connection between Higuera Street and the Creekwalk, Monterey
Street and the Creekwalk, between Higuera Street and Marsh Street, or at another
acceptable mid -block location
Planning Commission Resolution No. XXXX -06 Exhibit A
Page 2
• Increased retail floor area, including multi -story retail
• Directly implements specific and identifiable City objectives, as set forth in the General
Plan, the Conceptual Plan for the City's Center, the Downtown Strategic Plan and other
key policy documents
• Receiving Transfer of Development Credits for open space protection or historic
preservation
LU 4.18: Commercial Buildings Outside the Core
In General Retail areas adjacent to the commercial core, the pattern of buildings in relation to the
street should become more like the core, with shared driveways and parking lots, and no street or
side -yard setbacks (except for recessed entries and courtyards). Buildings should not exceed 45
feet in height.
LU 3.1.6: Building Intensity
The ratio of building floor area to site area (FAR) shall not exceed 3.0. Additional floor area, up
to a FAR of 3.75, may be approved for projects in the downtown core. FAR may be approved up
to 4.0 for sites in the downtown core that receive transfer of development credit for either open
space protection or historic preservation, or that receive density bonuses for affordable housing.
The Zoning Regulations will establish maximum building height and lot coverage, and minimum
setbacks from streets and other property lines, as well as procedures for exceptions to such
standards in special circumstances. Architectural review will determine a project's realized
building intensity, to reflect existing or desired architectural character in a neighborhood. When
dwellings are provided in General Retail districts, they shall not exceed 36 units per acre. So
long as the floor area ratio is not exceeded, the maximum residential density may be developed
in addition to nonresidential development on a site.
Land Use Element Definition
Floor Area Ratio (FAR): The floor area of a building or buildings on a lot divided by the lot
area. In calculating FAR, floor area shall mean the conditioned floor area (as defined by Title 24
of the California Code of Regulations) of the building, excluding parking garages and basements,
provided the finish floor elevation of the first floor is less than 30" above sidewalk grade.
Land Use Element Programs
LU 4.20: Visual Resource Study
The City will undertake a study of visual resources within the downtown core area to identify
potential locations for new public -owned open places with access to views of important scenic
resources. The City will consider acquisition of one or more of these open places as resources
permit. A range of options for property acquisition, including development agreements, will be
considered, consistent with the City's fiscal policies and objectives.
2/15/2007
1
Planning Commission Resolution No. XXXX -06 Exhibit A
Page 3
LU 4.21: Community Design Guidelines Update
The Community Design Guidelines shall be updated to include guidelines for tall buildings
within the downtown core area, with a particular focus on guidelines for architectural transitions
between new development and existing buildings within the Downtown Historic District.
LU 4.22: Parking for Downtown Residents
The City should revise the Access and Parking Management Plan (2002) to include a downtown
access program for residents in the downtown core area. The revision should evaluate various
strategies and long -term parking solutions and include implementation recommendations.
Strategies and solutions that may be considered include, but are not limited to, components of
Housing. Element Programs 6.3.2, 6.3.3 and 6.3.4, in addition to:
1. A fee based program to allow limited residential parking in downtown parking structures
owned and operated by the City.
2. Criteria for on -site parking (requirements and prohibitions) based on project size, project
location, site access criteria, housing type, and feasible alternative transportation options.
3. Determination if any downtown core streets should have driveway access restricted.
4. Vehicle parking and storage areas located outside the downtown core area, such as Park
and Ride style lots, that can be used by downtown core residents.
5. The development of additional transit programs to increase options for downtown
residents.
6. Credit towards parking requirements for projects that implement shared vehicle
programs.
2/15/2007
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RESOLUTION NO. 9871(2007 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING EXAMINATION OF TRANSACTIONS AND USE TAX RECORDS
WHEREAS, pursuant to Ordinance No. 1495, the City of San Luis Obispo will contract with
the State Board of Equalization (SBOE) to perform all functions incident to the administration and
collection of local transactions and use taxes; and
WHEREAS, the Council of the City of San Luis Obispo deems it necessary for authorized
representatives of the City to examine confidential transactions and use tax records of the SBOE
pertaining to transactions and use taxes collected by the SBOE for the City pursuant to that contract;
and
WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain
requirements and conditions for the disclosure of Board records and establishes criminal penalties
for the unlawful disclosure of information contained in, or derived from the transactions and use tax
records of the SBOE; and
WHEREAS, Section 7056 of the California Revenue and Taxation Code requires that any
person designated by the City shall have an existing contract to examine the City's sales and use tax
records.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The Director of Finance & Information Technology (Director) of the City San
Luis Obispo (City), and other officers or employees of the City designated in writing by the Director
to the SBOE, is hereby appointed to represent the City with the authority to examine transactions and
use tax records of the SBOE pertaining to transactions and use taxes collected for the City by the
Board pursuant to the contract between the City and the SBOE. The information obtained by
examination of SBOE records shall be used only for purposes related to the collection of City
transactions and use taxes by the Board pursuant to the contract.
SECTION 2. The City's existing contract with Hinderliter, de Llamas and Associates is
hereby amended to add thereto the examination of the transactions and use tax records of the City
pertaining to transactions and use taxes collected for the City by the SBOE.
SECTION 3. Hinderliter, de Llamas and Associates is hereby designated to examine the
transactions and use tax records of the City pertaining to transactions and use taxes collected for the
City by the Board. The entity designated by this section meets all of the following conditions:
a. Has an existing contract with the City to examine those transactions and use
tax records.
b. Is required by that contract to disclose information contained in, or derived
from, those transactions and use tax records only to the officers or employees authorized under
Section 1 of this resolution to examine the information.
R 9871
1 I
Resolution No. 9871 (2007 Series)
Page 2
C. Is prohibited by that contract from performing consulting services for a
retailer during the term of that contract.
d. Is prohibited by that contract from retaining the information contained in, or
derived from those transactions and use tax records, after that contract has expired.
SECTION 4. The information obtained by examination of Board records shall be used only
for purposes related to the collection of City transactions and use taxes by the Board pursuant to the
contract between the City and the Board.
SECTION 5. The City Clerk of the City is hereby directed to certify adoption of this
Resolution and to send a copy to:
State Board of Equalization
Local Revenue Allocation Section
P O Box 942879, MIC:27
Sacramento, CA 94279 -0027
Upon motion of Council Member Settle, seconded by Vice Mayor Mulholland,
and on the following roll call vote:
AYES: Council Members Brown,
Mayor Romero
NOES: None
ABSENT: None
Carter, and Settle, Vice Mayor Mulholland and
The foregoing resolution was adopted on February 6, 2007.
Mayor David F. Romero
ATTEST:
Audrey He
City Clerk
APPROVED AS TO FORM:
J nath . Lowell
Ci ttorney
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RESOLUTION NO. 9870 (2007 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING THE MAYOR TO EXECUTE AGREEMENTS WITH THE
STATE BOARD OF EQUALIZATION FOR IMPLEMENTATION OF A LOCAL
TRANSACTIONS AND USE TAX
WHEREAS, on August 1, 2006, the Council adopted Ordinance No. 1495, which was
approved by the voters on November 7, 2006, amending the City Municipal Code and providing for a
local transactions and use tax; and
WHEREAS, the State Board of Equalization (Board) administers and collects the
transactions and use taxes for all applicable jurisdictions within the state; and
WHEREAS, the Board will be responsible for administering and collecting the transactions
and use tax for the City; and
WHEREAS, the Board requires that the City enter into a "Preparatory Agreement" and an
"Administration Agreement" prior to implementation of said taxes; and
WHEREAS, the Board requires that the Council authorize the agreements.
NOW, THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo
that the "Preparatory Agreement" attached as Exhibit A and the "Administrative Agreement"
attached as Exhibit B are hereby approved and the Mayor is hereby authorized to execute each
agreement.
Upon motion of Council Member Settle, seconded by Vice Mayor Mulholland,
and on the following roll call vote:
AYES: Council Members Brown, Carter, and Settle, Vice Mayor Mulholland and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted on February 6, 2007.
Mayor David F. Romero
0a9*119
Audrey Hoop
City Clerk
APPROVED AS TO FORM:
J . Lowell
City Attorney
(D
D Exhibit A
AGREEMENT FOR PREPARATION TO ADNHNISTER AND OPERATE
CITY'S TRANSACTIONS AND USE TAX ORDINANCE
In order to prepare to administer a transactions and use tax ordinance adopted in
accordance with the provision of Part 1.6 (commencing with Section 7251) of Division 2 of the
Revenue and Taxation Code, the CITY OF SAN LUIS OBISPO, hereinafter called "City," and
the STATE BOARD OF EQUALIZATION, hereinafter called "Board," do agree as follows:
1. The Board agrees to enter into work to prepare to administer and operate a
transactions and use tax in conformity with Part 1.6 of Division 2 of the Revenue and Taxation
Code which has been approved by a majority of the electors of the City and whose ordinance has
been adopted by the City.
2. City agrees to pay to the Board at the times and in the amounts hereinafter specified
all of the Board's costs for preparatory work necessary to administer the City's transactions and
use tax ordinance. The Board's costs for preparatory work include costs of developing
procedures, programming for data processing, developing and adopting appropriate regulations,
designing and printing forms, developing instructions for the Board's staff and for taxpayers, and
other appropriate and necessary preparatory costs to administer a transactions and use tax
ordinance. These costs shall include both direct and indirect costs as specified in Section 11256
of the Government Code.
3. Preparatory costs may be accounted for in a manner that conforms to the internal
accounting and personnel records currently maintained by the Board. The billings for costs may
be presented in summary form. Detailed records of preparatory costs will be retained for audit
and verification by the City.
4. Any dispute as to the amount of preparatory costs incurred by the Board shall be
referred to the State Director of Finance for resolution, and the Director's decision shall be final.
5. Preparatory costs incurred by the Board shall be billed by the Board periodically, with
the final billing within a reasonable time after the operative date of the ordinance. City shall pay
to the Board the amount of such costs on or before the last day of the next succeeding month
following the month when the billing is received.
6. The amount to be paid by City for the Board's preparatory costs shall not exceed one
hundred seventy -five thousand dollars ($175,000) (Revenue and Taxation Code Section 7272.)
- 1 -
Exhibit A
7. Communications and notices may be sent by first class United States mail.
Communications and notices to be sent to the Board shall be addressed to:
STATE BOARD OF EQUALIZATION
P. O. BOX 942879
SACRAMENTO, CALIFORNIA 94279 -0073
ATTENTION: EXECUTIVE DIRECTOR
Communications and notices to be sent to City shall be addressed to:
DIRECTOR OF FINANCE & INFORMATION TECHNOLOGY
CITY OF SAN LUIS OBISPO
990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA 93401
8. The date of this agreement is the date on which it is approved by the Department of
General Services. This agreement shall continue in effect until the preparatory work necessary to
administer City's transactions and use tax ordinance has been completed and the Board has
received all payments due from City under the terms of this agreement.
CITY OF SAN LUIS OBISPO
David F. Romero, Mayor
ATTEST:
Audrey Hooper, City Clerk
APPROVED AS TO FORM:
Jonathan P. Lowell, City Attorney
-2-
STATE BOARD OF EQUALIZATION
LM
Executive Director
AGREEMENT FOR STATE ADMINISTRATION
OF CITY TRANSACTIONS AND USE TAXES
Exhibit B
The Council of the City of San Luis Obispo (hereafter called "City") has adopted, and the
voters of the City have approved by the required majority vote, the City of San Luis Obispo Essential
Services Transactions (Sales) and Use Tax Ordinance (hereafter called "Ordinance "), a copy of
which is attached hereto. To carry out the provisions of Part 1.6 of Division 2 of the Revenue and
Taxation Code and the Ordinance, the State Board of Equalization (hereinafter called the "Board ")
and the City do agree as follows:
Article I
DEFINITIONS
Unless the context requires otherwise, wherever the following terms appear in the
Agreement, they shall be interpreted to mean the following:
1. "District taxes" shall mean the transactions and use taxes, penalties, and interest imposed
under an ordinance specifically authorized by Revenue and Taxation code Section 7285.9, and in
compliance with Part 1.6, Division 2 of the Revenue and Taxation Code.
2. "City Ordinance" shall mean the City's Essential Services Transactions (Sales) and Use
Tax Ordinance referred to above and attached hereto, Ordinance No. 1495 as amended from time to
time, or as deemed to be amended from time to time pursuant to Revenue and Taxation Code Section
7262.2.
Article II
ADMINISTRATION AND COLLECTION OF CITY TAXES
A. Administration. The Board and City agree that the Board shall perform exclusively all
functions incident to the administration and operation of the City Ordinance.
B. Other Applicable Laws. City agrees that all provisions of law applicable to the
administration and operation of the State Sales and Use Tax Law that are not inconsistent with Part
Lb of Division 2 of the Revenue and Taxation Code shall be applicable to the administration and
operation of the City Ordinance. City agrees that money collected pursuant to the City Ordinance
may be deposited into the State Treasury to the credit of the Retail Sales Tax Fund and may be
drawn from that Fund for any authorized purpose, including making refunds, compensating and
reimbursing the Board pursuant to Article IV of this Agreement, and transmitting to City the amount
to which City is entitled.
C. Transmittal of Money.
1. For the period during which the tax is in effect, and except as otherwise provided herein,
all district taxes collected under the provisions of the City Ordinance shall be transmitted to City
periodically as promptly as feasible, but not less often than twice in each calendar quarter.
2. For periods subsequent to the expiration date of the tax whether by City's self- imposed
limits or by final judgment of any court of the State of California holding that City's ordinance is
invalid or void, all district taxes collected under the provisions of the City Ordinance shall be
transmitted to City not less than once in each calendar quarter.
ME
�-' Exhibit B
3. Transmittals may be made by mail or electronic funds transfer to an account of the City
designated and authorized by the City. A statement shall be furnished at least quarterly indicating
the amounts withheld pursuant to Article IV of this Agreement.
D. Rules. The Board shall prescribe and adopt such rules and regulations as in its judgment
are necessary or desirable for the administration and operation of the City Ordinance and the
distribution of the district taxes collected thereunder.
E. Preference. Unless the payor instructs otherwise, and except as otherwise provided in
this Agreement, the Board shall give no preference in applying money received for state sales and
use taxes, state - administered local sales and use taxes, and district transactions and use taxes owed
by a taxpayer, but shall apply moneys collected to the satisfaction of the claims of the State, cities,
counties, cities and counties, redevelopment agencies, other districts, and City as their interests
appear.
F. Security. The Board agrees that any security which it hereafter requires to be furnished
by taxpayers under the State Sales and Use Tax Law will be upon such terms that it also will be
available for the payment of the claims of City for district taxes owing to it as its interest appears.
The Board shall not be required to change the terms of any security now held by it, and City shall not
participate in any security now held by the Board.
G. Records of the Board. When requested by resolution of the legislative body of the City
under section 7056 of the Revenue And Taxation Code, the Board agrees to permit authorized
personnel of the City to examine the records of the Board, including the name, address, and account
number of each seller holding a seller's permit with a registered business location in the City,
pertaining to the ascertainment of transactions and use taxes collected for the City. Information
obtained by the City from examination of the Board's records shall be used by the City only for
purposes related to the collection of transactions and use taxes by the Board pursuant to this
Agreement.
H. Annexation. City agrees that the Board shall not be required to give effect to an
annexation, for the purpose of collecting, allocating, and distributing District transactions and use
taxes, earlier than the first day of the calendar quarter which commences not less than two months
after notice to the Board. The notice shall include the name of the county or counties annexed to the
extended City boundary. In the event the City shall annex an area, the boundaries of which are not
coterminous with a county or counties, the notice shall include a description of the area annexed and
two maps of the City showing the area annexed and the location address of the property nearest to
the extended City boundary on each side of every street or road crossing the boundary.
Article III
ALLOCATION OF TAX
A. Allocation. In the administration of the Board's contracts with all districts that impose
transactions and use taxes imposed under ordinances, which comply with Part 1.6 of Division 2 of
the Revenue and Taxation Code:
1. Any payment not identified as being in payment of liability owing to a designated
district or districts may be apportioned among the districts as their interest appear, or, in the
discretion of the Board, to all districts with which the Board has contracted using ratios reflected by
the distribution of district taxes collected from all taxpayers.
IWM
Exhibit B
2. All district taxes collected as a result of determinations or billings made by the
Board, and all amounts refunded or credited may be distributed or charged to the respective districts
in the same ratio as the taxpayer's self - declared district taxes for the period for which the
determination, billing, refund or credit applies.
B. Vehicles, Vessels, and Aircraft. For the purpose of allocating use tax with respect to
vehicles, vessels, or aircraft, the address of the registered owner appearing on the application for
registration or on the certificate of ownership may be used by the Board in determining the place of
use.
Article IV
COMPENSATION
The City agrees to pay to the Board as the Board's cost of administering the City Ordinance
such amount as is provided for by law. Such amounts shall be deducted from the taxes collected by
the Board for the City.
Article V
MISCELLANEOUS PROVISIONS
A. Communications. Communications and notices may be sent by first class United States
mail to the addresses listed below, or to such other addresses as the parties may from time to time
designate. A notification is complete when deposited in the mail.
Communications and notices to be sent to the Board shall be addressed to:
State Board of Equalization
P.O. Box 942879
Sacramento, California 94279 -0073
Attention: Executive Director
Communications and notices to be sent to the City shall be addressed to:
Director of Finance & Information Technology
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Unless otherwise directed, transmittals of payment of District transactions and use taxes will
be sent to the address above.
B. Term The date of this Agreement is the date on which it is approved by the Department
of General Services. The Agreement shall take effect on April 1, 2007. This Agreement shall
continue until December 31 next following the expiration date of the City Ordinance, and shall
thereafter be renewed automatically from year to year until the Board completes all work necessary
to the administration of the City Ordinance and has received and disbursed all payments due under
that Ordinance.
C. Notice of Repeal of Ordinance. City shall give the Board written notice of the repeal of
the City Ordinance not less than 110 days prior to the operative date of the repeal.
-3-
n
® Exhibit. B
Article VI
ADMINISTRATION OF TAXES IF THE
ORDINANCE IS CHALLENGED AS BEING INVALID
A. Impoundment of Funds.
1. When a legal action is begun challenging the validity of the imposition of the tax, the
City shall deposit in an interest - bearing escrow account, any proceeds transmitted to it under
Article 11. C., until a court of competent jurisdiction renders a final and non - appealable judgment
that the tax is valid.
2. If the tax is determined to be unconstitutional or otherwise invalid, the City shall
transmit to the Board the moneys retained in escrow, including any accumulated interest, within ten
days of the judgment of the trial court in the litigation awarding costs and fees becoming final and
non - appealable.
B. Costs of Administration. Should a final judgment be entered in any court of the State of
California, holding that City's Ordinance is invalid or void, and requiring a rebate or refund to
taxpayers of any taxes collected under the terms of this Agreement, the parties mutually agree that:
1. Board may retain all payments made by City to Board to prepare to administer the
City Ordinance.
2. City will pay to Board and allow Board to retain Board's cost of administering the
City Ordinance in the amounts set forth in Article IV of this Agreement.
3. City will pay to Board or to the State of California the amount of any taxes plus
interest and penalties, if any, that Board or the State of California may be required to rebate or refund
to taxpayers.
4. City will pay to Board its costs for rebating or refunding such taxes, interest, or
penalties. Board's costs shall include its additional cost for developing procedures for processing the
rebates or refunds, its costs of actually making these refunds, designing and printing forms, and
developing instructions for Board's staff for use in making these rebates or refunds and any other
costs incurred by Board which are reasonably appropriate or necessary to make those rebates or
refunds. These costs shall include Board's direct and indirect costs as specified by Section 11256 of
the Government Code.
5. Costs may be accounted for in a manner, which conforms to the internal accounting,
and personnel records currently maintained by the Board. The billings for such costs may be
presented in summary form. Detailed records will be retained for audit and verification by City.
6. Any dispute as to the amount of costs incurred by Board in refunding taxes shall be
referred to the State Director of Finance for resolution and the Director's decision shall be final.
7. Costs incurred by Board in connection with such refunds shall be billed by Board on
or before the 25th day of the second month following the month in which the judgment of a court of
the State of California holding City's Ordinance invalid or void becomes final. Thereafter Board
shall bill City on or before the 25th of each month for all costs incurred by Board for the preceding
calendar month. City shall pay to Board the amount of such costs on or before the last day of the
-4-
C' Exhibit B
succeeding month and shall pay to Board the total amount of taxes, interest, and penalties refunded
or paid to taxpayers, together with Board costs incurred in making those refunds.
CITY OF SAN LUIS OBISPO
0
David F. Romero, Mayor
ATTEST:
Audrey Hooper, City Clerk
APPROVED AS TO FORM:
Jonathan P. Lowell, City Attorney
-5-
STATE BOARD OF EQUALIZATION
LM
Executive Director
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T�A-iZA Cho /�y
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RESOLUTION NO. 9869 (2007 Series)
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE SUBMITTAL OF STATE TRANSIT ASSISTANCE GRANTS TO SLOCOG
WHEREAS, the City of San Luis Obispo (referred hereinafter as the City) operates SLO
Transit; and
WHEREAS, the San Luis Obispo Council of Governments ( SLOCOG) has requested
applications for discretionary State Transit Assistance (STA) fund; and
WHEREAS, City Council seeks to utilize all available funding sources to provide transit
services.
NOW THEREFORE, BE IT RESOLVED that the City Council of San Luis Obispo:
SECTION 1. Approves the submittal of applications for 2006 -07 STA Grants for:
1. Evening Service Extension - Pilot Program
2. Bus Rapid Transit - Demonstration Program
SECTION 2. Authorizes the City Administrative Officer, or his designee to negotiate and all
necessary paperwork if the grants are funded by SLOCOG.
On motion of Council Member Settle, seconded by Vice Mayor Mulholland, and on the
following roll call vote:
AYES: Council Members Brown, Carter, and Settle, Vice Mayor Mulholland and Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 6`h day of February 2007.
1:"M' %1:1:
Resolution No. 9869 (2007 Series)
Page 2
ATTEST:
Audrey Ho o er
City Clerk "
APPROVED AS TO FORM:
Jona .Lowell
City Attorney
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—/% F
Mayor David F. Romero
BOLT
RESOLUTION NO. 9868 (2007 Series)
A RESOLUTION OF THE COUNCIL OF THE
CITY OF SAN LUIS OBISPO APPROVING AN ADDENDUM TO INITIAL
STUDY ER 121 -03 AND TENATIVE TRACT MAP TO CREATE SEVEN
AIRSPACE RESIDENTIAL CONDOMINIUMS LOCATED AT
1231 LAUREL LANE (TR 37 -06)
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 13, 2006, and recommended approval of Application TR 37 -06, a request to create seven
airspace residential condominiums: 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 January 23, 2007, for
the purpose of considering Application TR 37 -06; and
WHEREAS, the Council has reviewed and considered the Addendum to Initial Study ER 121-
03 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. Based upon all the evidence, the City Council makes the following
findings:
1. The design of the tentative tract map is consistent with the General Plan because the project will
incrementally add to the City's High- Density Residential housing inventory, provides privacy for
occupants and neighbors of the project, provides separate paths for vehicles and pedestrians and is
consistent with the scale and character of surrounding developments.
2. The site is physically suited for the proposed type of development allowed because it is adjacent to
existing street right -of -ways with complete City services.
3. The design of the subdivision will not conflict with easements for access through (or use of property
within) the proposed subdivision since all adjacent properties are accessed independently.
4. The design of the tentative tract map and proposed improvements are not likely to cause serious
health problems, 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 and wildlife, is surrounded by urban development and has been previously
developed with a service station.
5. On July 6, 2004, the Council approved a Mitigated Negative Declaration of environmental impact
(ER 121 -03) for a General Plan Amendment, rezone and residential project at the site. The City of
O O
Resolution No. 9868 (2007 Series)
Page 2
San Luis Obispo has determined that an addendum to Initial Study ER 121 -03 is necessary to
document minor technical changes or additions that have occurred in the project description since
the initial study was originally prepared. The City Council has reviewed and considered the
information contained in the Addendum in its consideration of ER 121 -03 and finds and determines
that the environmental document adequately addresses the potential significant environmental
impacts of the proposed project and that the preparation of a subsequent Negative Declaration is not
necessary.
SECTION 2. Environmental Review. The City Council does hereby reaffirm their adoption on
July 6, 2004, of a Negative Declaration with Mitigation Measures and adopt an Addendum to Initial
Study ER 121 -03 for TR 37 -06 with incorporation of the following mitigation measure:
Mitigation Measure:
Noise
1. The construction of future residential uses shall be accompanied by an acoustical analysis (noise
study) to ensure that interior spaces and exterior private use areas comply with standards contained
in the City's General Plan Noise Element.
➢ Monitoring Program: Compliance with this requirement shall be monitored through the review of
detailed plans submitted for architectural review and building permit primarily by the Community
Development Department staff.
SECTION 3. Action. The City Council does hereby approve Application TR 37 -06 with
incorporation of the following conditions and code requirements into the project:
Conditions:
1. All project conditions associated with the architectural approval of the project as approved by
Council on September 6, 2005, via Resolution No. 9733 (2005 Series) shall be incorporated herein
as conditions of approval.
2. 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.
3. Fixed seating, such as concrete or metal picnic tables, shall be provided within the common
recreation area located along the northeast property line, subject to the approval of the Community
Development Director.
4. Subdivider shall prepare conditions, covenants, and restrictions (CC &Rs) to be approved by the
Community Development Director and City Attorney prior to final map approval. CC &Rs shall
contain the following provisions:
Resolution No. 9868 (2007 Series)
Page 3
0
a. Creation of a homeowners' association to enforce the CC &Rs 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 &Rs 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 &Rs 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 &Rs 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.
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. The project
is subject to all requirements in effect at the time of the building permit or map vesting date.
1. The subdivider shall dedicate a 6' (2m) wide public utility easement and a 10' (3m) wide street tree
easement across the tract frontages. Said easements shall be adjacent to and contiguous with all
public right -of -way lines along the Laurel Lane and Southwood Drive frontages.
2. Any building permits issued for work required to satisfy the conditions of the subdivision shall
receive final inspection approvals or shall have substantially completed all work to the satisfaction of
the Building Official prior to recordation of the map.
3. The final map shall include any required public or private easements as required for the proposed
development of the tract. Easements may include, but are not limited to, grading, drainage, water,
sewer, storm drainage, access, vehicle turn- around, and utilities. Any CC &Rs, maintenance or
common driveway agreements shall be completed and recorded concurrent with final map approval.
4. The subdivider shall install street lighting and all associated facilities including but not limited to
conduits, sidewalk vaults, fusing, wiring, and luminaries per City standards if determined necessary
and/or beneficial by the City Engineer. Off -site street lighting improvements, alterations, or
Resolution No. 9868 (2007 Series)
Page 4
upgrades may be required along roadways leading to and from the proposed development to
complete the necessary public improvements.
5. The CC &Rs for the project shall require that the homeowners association or acceptable maintenance
organization submit, to the City of San Luis Obispo Public Works Department, a detailed report
prepared by a licensed Civil Engineer addressing the condition of all private stotmwater facilities
and any necessary maintenance activities on a semi -annual basis (April 30 and October 1 of each
year). The CC&Rs for the project shall also include detailed procedures for maintenance and
operations of any storm water facilities, common sewer lateral and green waste recycling.
6. 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 licensed land surveyor or registered civil engineer
authorized to practice land surveying. The final map shall be prepared in accordance with the
Subdivision Map Act and the Subdivision Regulations.
7. Since the proposed project results in additional demand on the City's water supplies, the project
must comply with the City's Water Allocation Regulations, which can be found in the Water and
Wastewater Element of the City's General Plan. The City currently has water to allocate, and does
so on a "first -come, first- served" basis. Water is allocated at the time building permits are issued
and the Water Impact Fee is paid. Both the Water and the Wastewater Impact Fees are charged on a
per residential unit basis, with appropriate credit given for any prior accounts on the property.
8. By ordinance, the applicant is required to prepare a recycling plan for approval by the City to
address the recycling of construction waste for projects valued at over $50,000 or demolition of
structures over 1000 square feet. The recycling plan shall be submitted to the Building Department
with the building plans. The City's Solid Waste Coordinator can provide some guidance in the
preparation of an appropriate recycling plan.
9. One street tree is required per 35 lineal feet of street frontage or any part thereof. No trees shall be
planted within 5 feet from the back of sidewalk. Trees shall be planted to City specifications.
10. The preliminary soils report prepared shall be referenced on the final map in accordance with the
City's Subdivision Regulations.
On motion of Council Member Settle, seconded by Council Member Brown, and on the
following roll call vote:
AYES:
Council Members Brown and Settle, and Mayor Romero
NOES:
Vice Mayor Mulholland
ABSENT:
None
RECUSED:
Council Member Carter
The foregoing resolution was passed and adopted this 23rd day of January 2007.
n
Resolution No. 9868 (2007 Series)
Page 5
ATTEST:
APPROVED AS TO FORM:
J ath . Lowell
City Attorney
i 1
Mayor David F. Romero
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RESOLUTION NO. 9867 (2007 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
REMOVING THE PROPERTY AT 460 BROAD STREET FROM THE LIST OF
CONTRIBUTING HISTORIC RESOURCES (MOD ARCMI/ER -H 228 -05)
WHEREAS, on February 27, 2006, and October 23, 2006, the Cultural Heritage reviewed
and recommended that the Community Development Director approve the reconstruction of the
residence at 460 Broad Street in light of the structural deficiencies that are beyond those that can be
rectified with standard restoration techniques, subject to archaeological monitoring and specific
requirements for it's reconstruction; and
WHEREAS, on October 23, 2006, the Cultural Heritage Committee also recommended that
the City Council remove the property at 460 Broad Street from the List of Contributing Historic
Resources; and
WHEREAS, on November 28, 2006, the Community Development Director approved a
Mitigated Negative Declaration of Environmental Impacts.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this Council, after consideration of the Cultural Heritage
Committee's recommendation to remove the property at 460 Broad Street from the List of Contributing
Historic resources and the Mitigated Negative Declaration, public testimony, staff recommendations and
reports thereon, finds that:
1. As conditioned, the project to reconstruct the residence is consistent with Housing Element
Policies 3.2.5 and 3.2.6, as the property will retain the character- defining features of the
established neighborhood.
2. The deconstruction and reconstruction of the property is consistent with Conservation and Open
Space Policy 3.21.2, which states that "Historically or architecturally significant buildings should
not be demolished or substantially changed in outward appearance, unless doing so is necessary
to remove a threat to health and safety and other means to eliminate or reduce the threat to
acceptable levels are infeasible."
3. As documented in the Structural Evaluation and Condition Report, the residence has structural
problems that are beyond those that can be rectified with standard restoration.
4. As conditioned, the project will reflect the form, spacing and materials of nearby historic structures,
and maintain the street appearance which contributes to the neighborhood's architectural character,
as encouraged by Conservation and Open Space Policy 3.21.4.
5. The property at 460 Broad Street will longer meet the eligibility standards for historic listing, and
consequently, is not historically significant.
SECTION 2. Action. The Council hereby amends the Historical Preservation Program
Guidelines to delete the address "460 Broad Street" from the List of Contributing Historic Resources,
Resolution No. 9867 (2007 Ser; -�)
Page 2
and adopts said Negative Declaration (MOD ARCMI/ER -H 228 -05), with incorporation of
the following mitigation measures:
1. Original materials, such as clay roof tiles and canales (roof vents) shall be retained and reused.
Where new materials are necessary to replace unsalvageable original materials, they shall match
the existing in material, color, shape, size, texture and pattern. New materials, such as exterior
stucco, shall also be in a similar color and texture as the existing treatment.
2. The detached garage shall be modified as follows: roof vents shall be replaced with canales to
match those of the dwelling and decorative light fixtures consistent with the Spanish style
architecture shall be installed in place of the industrial fixtures.
3. A Historic Property Preservation Agreement shall be signed by the property owners and recorded
on title acknowledging the historical value of the property and accepting the conditions upon
which the City has approved the proposed restoration and reconstruction plan, prior to the
issuance of any demolition or construction permits, or further modifications to the site. Owner
shall provide a guarantee to the City to ensure that architectural reconstruction is consistent with
approved plans. The guarantee amount shall be based on the Contractor's estimate to
deconstruct and reinstall the house's original architectural elements.
4. In the event archaeological resources are unearthed or discovered during any grading or
construction activities construction activities shall cease, and the City of San Luis Obispo
Community Development Department shall be notified so that the extent and location of
discovered materials may be recorded by a qualified archaeologist, and disposition of artifacts
may be accomplished in accordance with state and federal law.
5. In the event archaeological resources are found to include human remains, or in any other case
where human remains are discovered during construction, activities shall cease and the County
Coroner notified in addition to the Community Development Department so that proper
disposition may be accomplished.
On motion by Vice -Mayor Mulholland, seconded by Councilman Settle, and on the
following roll call vote:
AYES: Council Members Brown, Carter, and Settle, Vice -Mayor Mulholland, and Mayor
Romero
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 23rd day of January 2007.
Resolution No. 9867 (2007 °ries)
Page 3
ATTEST:
Audrey H 20er '
City Clerk
APPROVED:
P. Lowell
City Attorney
Mayor David F. Romero
�D
Y�
RESOLUTION NO. 9866 (2007 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT NO. 2726
WHEREAS, the City Council made certain findings concerning tentative Tract 2726, as
prescribed in Resolution No. 9781 (2006 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) in letters of credit to guarantee
installation of the required subdivision improvements shown on the approved building 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, the subdivider is amenable to Condition 12 of said Resolution No. 9781 (2006
Series) being modified to read: "The subdivider shall install photovoltaic panels as a power .
supplement for the common area and convert light fixtures throughout the complex to energy
saving fixtures to the satisfaction of the Community Development Director "; and
WHEREAS, all other conditions required per said Resolution No. 9781 (2006 Series) have
been met or will be met prior to or concurrent with final recordation of the map.
NOW, THEREFORE, BE IT RESOLVED that: 1) Condition 12 of said Resolution No.
9781 (2006 Series) is hereby modified to read: "The subdivider shall install photovoltaic panels as
a power supplement for the common area and convert light fixtures throughout the complex to
energy saving fixtures to the satisfaction of the Community Development Director ", and 2) the
final map for Tract No. 2726 is found to be in substantial compliance with the vesting tentative map
and final map approval is hereby granted.
Upon motion of Council Member Brown, seconded by Vice Mayor Mulholland, and on the
following roll call vote:
AYES: Council Members Brown, Carter, and Settle, Vice Mayor Mulholland and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 23'd day of January 2007.
Resolution No. 9866 (2007 Series)
Page 2
ATTEST:
j xzcc a
Audreyl,166per U
City Cie
APPROVED AS TO FORM:
J P. Lowell
City Attorney
Mayor David F. Romero
C-
SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this 1. day of 200 by and
between Parkwood Condominium Inc., a California Corporation, 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 2726, City of San Luis Obispo,
California, as approved by the City Council on the day of 200_2_.
The Subdivider desires that said Tract No. 2726 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 public and
private 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 public and private 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. REPAIR OF PUBLIC CURB, GUTTERS AND SIDEWALKS
2. PARKING LOT RECONSTRUCTION AND SURFACING
3. DRAINAGE STRUCTURES
4. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by City
regulations.
u
All of the above facilities shall be installed in the locations designated and to the plans and
specifications on file with the Chief Building Official and approved under direction of the
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 three (3) 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 or provided
bonds as indicated on the attached Exhibits 1 and 2.
The restoration of lost section corners 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 $ 751,408 which is the
amount of the estimated cost of said improvements. Subdivider agrees to remedy any
defects in the in either the public or private improvements arising from faulty workmanship
or materials or defective construction of said improvements occurring within twelve (12)
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 shaft 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 ($ 375,704) in
accordance with State law.
Said Subdivider has paid an inspection fee of $1,389.20 for City to inspect the
installation of said public 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 SUBDIVIDER
Pat Smith. Owner
�i�i✓L� �. *�il�1J
MAYOR David F. Romero
ATTEST:
CITY CLARK Audrey Hooper
APPROVED AS TO FORM:
CITY ATTORNEY Jonathan P. Lowell
C�
State of
County of
On before me, Notary
Public , personally appeared personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person (s) whose
name(s) is /are subscribed to the within instrument and acknowledged to me that
he /she /they executed the same in his/ her /their authorized capacity(ies), and that by
his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
WITNESS my hand and official sea].
NICOLE A. PETN9
QCommtssbn O 1402315
ryPuCofitomio San Luis ObZ CTV
t Ay CoNotamm. ares Feb 25.2067
EXHIBIT 1
TRACT 2726
SUBDIVISION AGREEMENT
Install photovoltaic panels as a power supplement for the common area and convert
light fixtures throughout the. complex to energy saving fixtures. The proposed energy
savings installations will be equivalent in cost to the carports and are consistent with the
intent of the Municipal Code.
EXHIBUI 2
TRACT 2726 -FEF \\]) BOND LIST
AM—Ou—nit— Form Date Received
Bail and Guarantees:
Dotal Faithful Perfonnance SI.267.112 kucr of Credit 12.:15:'2006
Labor & Materials 001 a of total cost of
improvements)
Monument Guarantee SO Lcuer oi'Credit Monurnentation is Complete
Map Check Fee $15.256
Plan Check Fee S00.000
Total Inspection Fee S1.399.20
Under Encroachment Permits
l ; :
Check � i . 2000
Check ------ -- No Public Fmprmernentil
Check 1;5:2007 1
Under Encroachment Permits
l ; :
Check � i . 2000
Check ------ -- No Public Fmprmernentil
Check 1;5:2007 1
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1
RESOLUTION NO. 9865 (2007 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
TO EXTEND TEMPORARY EMPLOYMENT BEYOND THE 960 -HOUR LINIITATION FOR
TEMPORARY EMPLOYMENT OF A RETIREE
WHEREAS, the City of San Luis Obispo entered into an Employment Agreement for
Professional Services with James William Tringham on August 1, 2003, to act as the City's Fire
Marshal; and
WHEREAS, Mr. Tringham has the specialized skills required to develop and implement
enforcement policies for violations of the various hazardous materials regulations and to supervise fire
and life safety inspection services; and
WHEREAS, Mr. Tringham retired from another Ca1PERS member agency on July 31, 2001,
and he is currently a member of the California Public Employees Retirement System (CalPERS); and
WHEREAS, Mr. Tringham began his 960 hours of temporary. employment for this fiscal year on
July 1, 2006; and
WHEREAS, Mr. Tringham will reach his maximum number of hours allowed, 960, on
approximately February 1, 2007; and
WHEREAS, San Luis Obispo City desires to employ Mr. Tringham for a period not to exceed
an additional 800 hours beyond the 960 -hour limitation in order to provide fire and life safety inspection
services including supervision of the Hazard Materials, Plan Review, and New Construction Inspections
(of which an unprecedented number are currently in process); and
WHEREAS, Ca1PERS regulations allow for an extension of the 960 -Hour limitation in certain
circumstances and not to exceed one year.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that
it requests the Ca1PERS Board of Administration allow extension of temporary employment beyond the
960 -hour limitation for James Tringham, thereby allowing him to work an approximately 800 additional
hours of employment for a total of 1,760 hours for fiscal year 2006 -07.
Upon motion of Council Member Brown, seconded by Vice Mayor Mulholland,
and on the following vote:
AYES: Council Members Brown, Carter and Settle, Vice Mayor Mulholland and Mayor
Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 23`d day of January 2007.
R 9865
n
Resolution No. 9865 (2007)
Page 2
924� 9!M 02 - a
Mayor David F. Romero
ATTEST:
Audrey Ho
o
City Clerk
APPROVED AS TO FORM:
Jo P. Lowell
City Attorney
bv;-L, /,cfb 6167-L
RESOLUTION NO. 9864 (2007 Series)
ESTABLISHMENT OF THE CITY LEGISLATIVE ACTION PLATFORM FOR
2007 AND APPOINTMENT OF COUNCILMEMBER AND STAFF PERSON
TO ACT AS LIAISON BETWEEN THE CITY OF SAN LUIS OBISPO
AND THE LEAGUE OF CALIFORNIA CITIES
WHEREAS, a major objective of the City Council is to adopt an aggressive legislative action
platform which strengthens local government, promotes City goals and defends the City against
legislative actions by State and Federal governments that would weaken local government and/or take
away traditional revenue sources; and
WHEREAS, it is vital to the fiscal health and the self determination of the City to effectively
communicate with State Legislators and Federal representatives in order to favorably influence State and
Federal legislation, regulations and grant requests; and
WHEREAS, the League of California Cities conducts a legislative analysis and advocacy
program on behalf of cities for State issues and major Federal issues; and
WHEREAS, the City desires to be proactive and involved in the governmental decision making
processes directly affecting the City legislative priorities identified in Exhibit "A ", the League of
California Cities legislative priorities identified in Exhibit "B ", and other selected issues as may from time
to time be recommended by the League of California Cities; and
WHEREAS, a key component of the City's Legislative Action Platform is face -to -face meetings
between City representatives and elected officials at the Federal, State, and County levels, and
coordination with similar efforts made by other local government entities.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis
Obispo does hereby:
(1) Establish the Legislative Action Platform for 2007, as set forth in the attached Exhibits "A"
and "B" and authorize staff to take positions on legislation generally consistent with the Legislative
Action Platform and such other resolutions and recommendations of the League of California Cities as
may be from time to time presented to the City; and
(2) Appoint David F. Romero to act as Councilmember legislative liaison and Jonathan Lowell to
act as staff legislative liaison with the League of California Cities.
Resolution No. 9864 (2007 Series)
Page 2
Upon motion of Council Member Brown, seconded by Vice Mayor Mulholland, and on the
following roll call vote:
Ayes: Council Members Brown, Carter, and Settle, Vice Mayor Mulholland and Mayor
Romero
Noes: None
Absent: None
The foregoing resolution was adopted this 23rd day of January 2007.
Mayor David F. Romero
ATTEST:
Audrey Ho er
City Cler
APPROVED AS TO FORM:
J nath . Lowell
City Attorney
EXHIBIT A: CITY LEGISLATIVE ACTION PLATFORM FOR 2007
COMMUNITY DEVELOPMENT
1. Promoting reforms of the entire State mandated HCD Regional Housing Need Allocations process to
recognize local urban plans and local resource limitations
2. Promoting funding sources to accomplish retrofitting of unreinforced masonry buildings
3. Promoting funding of on- campus housing at Community Colleges and CSU for student and faculty housing
4. Preserving local control of planning and zoning matters
5. Supporting efforts to increase funding for affordable housing for very low, low and moderate income
families for all cities and communities
6. Promoting funding for the identification, acquisition, maintenance and restoration of historic sites and
structures
7. Supporting continued or expanded funding for CDBG program
ECONOMIC DEVELOPMENT
8. Promoting funding and/or legislation that encourages research and development by businesses in California
through tax credits or other incentive programs
9. Supporting funding and policies for the promotion of California as a place to locate businesses
10. Supporting funding for a state tourism promotion program
11. Promoting funding for the arts, especially public art
12. Supporting the effective and efficient use of all communications technologies including voice, video, data,
and information services over wired and wireless transmission technologies
13. Supporting telecommunications reform legislation that preserves local control over public rights -of-
way, protects local resources and guarantees access to, and funding for, public, educational and
government (PEG) access television
FINANCE
14. Continuing to support efforts to protect the City from loss of revenues due to State take -aways and
unfunded State or Federal mandates
15. Endorsing legislation that provides local government with a fair share tax on catalog and Internet sales; and
opposing legislation that limits state or local authority to tax catalog or Internet sales
HUMAN RESOURCES /EMPLOYEE RELATIONS/HUMAN RELATIONS
16. Supporting additional workers compensation reforms that lower employers' costs while still protecting
workers
17. Supporting pension reform efforts in concert with the League of California Cities and the California Public
Employees Retirement System (PERS) Board of Directors
18. Opposing the expansion of the "Peace Officers' Bill of Rights" or other attempts to curtail management
rights
19. Supporting legislation that provides funding sources for appropriate human service agencies that support
the mission of the Human Relations Commission.
PUBLIC SAFETY
20. Continuing State and Federal funding support for disaster preparedness, earthquake preparedness,
Homeland Security, hazardous material response, State COPS program and other local law enforcement
activities
21. Preserving the City's authority to investigate police misconduct
22. Preserving the City's authority to establish both medical and non - medical emergency service levels
23. Supporting efforts to expand the scope of parental responsibility for crimes committed by minors
24. Supporting efforts to provide the Governor with authority to override the parole board when anyone
convicted of a violent offense is proposed to be released on parole
25. Preserving the authority of local control on issuance of concealed weapons permits
26. Supporting legislation to help curb alcohol- related criminal behavior and underage drinking
27. Opposing new or increased state fees for state provided law enforcement services
28. Supporting the fair and efficient allocation of radio spectrum that provides quality frequencies, free from
interference, for all local public safety communication needs
29. Supporting efforts to reduce retention periods for video monitoring tapes
PUBLIC WORKS
30. Supporting legislation to increase the availability of grant funding to replace aging infrastructure of all
types, e.g. streets, bridges, water, sewer and storm sewer systems, etc.
31. Obtaining funding, cooperation and prompt approval from the Environmental Protection Agency and Army
Corps of Engineers for necessary flood control projects
32. Supporting legislation like ACA13 (2005 -06) which would exclude storm drain assessments from Prop.
218 requirements
n
33. Supporting legislation to provide monetary incentives or grant funding for alternative fuel vehicles for
replacement of municipal fleet equipment
34. Supporting legislation to provide monetary incentives or grant funding for retrofitting municipal buildings
with Energy Management Systems to centrally control all lighting
PARKS AND RECREATION AND NATURAL RESOURCES
35. Supporting State and Federal funding for acquisition, protection, preservation and restoration of natural
resources, open space, coastal resources, signature land forms, wetlands and park development, including
continued funding for the Land and Water Conservation Grant Program
36. Supporting the creation of National Marine Sanctuary off the coast of San Luis Obispo County to protect
this fragile habitat from offshore oil and gas development
37. Opposing any development under existing or new offshore oil and gas leases off the coast of San Luis
Obispo County
38. Supporting measures to prohibit discharge of pollutants into the ocean (e.g. selenium contaminated waters
from the San Joaquin valley)
39. Supporting funding for rehabilitation of urban parks and unmet community recreational needs, in particular
"at risk" youth
40. Encouraging the State Department of Parks and Recreation to expedite the distribution of bond funds and
other funds resulting from special legislation
41. Seeking legislative exemption from property taxes on lands dedicated to open space purposes which are
outside the boundaries of the jurisdiction owning such lands
42. Working for implementation language for Prop. 1C, which includes distribution of funds to local agencies
using a per capita formula as much as possible, and broadens the definition of competitive programs to
encompass more than just inner city, urban areas
43. Supporting a State resolution recognizing the important role youth sports play in healthy young people
44. Supporting the efforts of the California Parks and Recreation Society to clarify certification requirements
for lifeguards
45. Supporting the widest and most equitable distribution of Prop 84 competitive funds
46. Supporting the proposed Califomia Healthy Places Act of 2007
TRANSPORTATION
47. Changing gas tax laws to allow local tax for transportation purposes based on a majority vote of the public
48. Promoting continued and increased funding sources for street maintenance and transportation, including
transit, bicycles, others
0 0
49. Working with the Caltrans, SLOCOG and the California Transportation Commission to expeditiously fund
Hwy 227 road overlay and reconstruction project, and subsequent relinquishment of Hwy 227 within the
City limits
50. Supporting clean air transit funding for San Luis Obispo County, in particular funding that supports
alternative modes of transportation with clean air benefits
51. Supporting actions to: (1) promote cooperation and mutual support between metropolitan planning
organization (MPO) agencies and local transit providers, and (2) discourage trends toward MPO
agencies/regional "control" of local transit providers
UTILITIES
52. Supporting clean water funding programs
53. Supporting legislation to facilitate recycling program development and enhance local government's ability
to comply with solid waste requirements
54. Supporting legislation to eliminate mandatory penalties for violations of NPDES Requirements and
returning discretionary control to the Regional Water Quality Control Board Executive Officers (i.e. repeal
SB 709)
55. Supporting legislation promoting the safe, responsible, and cost - effective reuse of Exceptional Quality or
better biosolids
56. Supporting legislation to streamline the state regulatory processes
57. Supporting sustainable energy programs
58. Supporting incentives for distributed energy generation projects such as solar power
59. Supporting legislation allowing cities/agencies to establish fees for the costs of operating mandated water
quality programs such as, but not limited to, municipal storm water and total maximum daily loading
60. Supporting federal legislative action to transfer Salinas Reservoir properties to a local agency, to the benefit
of the City
61. Supporting legislation that aids in the implementation of the California Urban Water Conservation
Council's Best Management Practices regarding urban water conservation
62. Supporting legislation eliminating departing load charges which discourage the use of alternative
energy resources
COUNTY/REGIONAL PRIORITIES
63. Working with the County to assure land use practices that are consistent with the Memorandum of
Agreement adopted by the City Council and County Board of Supervisors in 2005 regarding development
near the edges of the City
C'
64. Encouraging the County Board of Supervisors to place a measure before voters that would create a
vector control program benefit assessment program for San Luis Obispo County
65. Encouraging participation by County in providing nearby parking for County employees and clients, and
alternate transportation and parking demand reduction
66. Supporting County development of a local ordinance providing additional local oversight and regulation of
the land application of Exceptional Quality or better biosolids
67. Working cooperatively with the County to solve City/County flood problems
^ Exhibit B
2007 -01.09
League Board Adopts Strategic Goals for 2007
The League of California Cities set the course of the organization for the coming year; when it met with the leaders of the League's
departments, divisions, policy committees and caucuses at the board of directors meeting on November 17 -18, 2006, in Anaheim.
After participating with other League leaders in eight separate discussion groups, the directors considered a list of proposed strategic.goals
formulated by the discussion groups. The following goals were adopted and will be the focus of work programs for the League and its
divisions, departments, caucuses and policy committees for 2007:
• Infrastructure: Ensure fair and effective implementation of the 2006 infrastructure bonds, consistent with the needs of California
cities.
• Eminent Domain: Adopt statutory and constitutional reforms of the laws governing the use of eminent domain for private economic
development purposes.
• Affordable Housing: Expand the supply of affordable housing by adopting reforms that reduce the barriers to improved planning
and expand the financial resources available.
League Celebrates Defeat of Prop. 90
There was a celebratory tone to meetings with leaders of League divisions, departments, policy committees and caucuses, as they met with
members of the board of directors to assess the lessons of the successful campaign to defeat Proposition 90, the "Taxpayer Trap" initiative
that was on the November ballot.
With the strength of a broad and diverse coalition and with nearly unanimous support by editorial boards across the state, Prop. 90 was
defeated. Its passage would have paralyzed government regulation and land use planning and added untold millions in taxpayer expenses
by virtue of its ill- conceived and poorly drafted provisions on governmental takings. Using funds received from non- public sources, the
League played a central role in organizing the coalition and leading the "Noon 90" campaign.
The lesson learned from this campaign is that the League must work with other groups during 2007 to secure balanced reform of eminent
domain as it is used for private economic development purposes. The board and League leaders established this as a strategic priority for
2007.
League Board Adopts 2007 Budget
The board of directors also adopted the League budget for calendar year 2007. The budget includes a 4.18 percent dues increase. It will
allow the League to maintain momentum and direct the full measure of League resources to the strategic priorities rselected for 2007. Under
the guidance of the board and the board finance committee, the League eliminated a projected budget deficit in 2006 and approved a
balanced budget for 2007.
Other League News
Coastal Cities Issue Group. To help the League address coastal issues more effectively and to improve cooperation with the
Coastal Commission, the board of directors voted to create a coastal cities issue group. The League president will appoint the chair
of the issue group, which will report to the board and work through relevant policy committees on matters of League policy.
League Seeks Collaboration with Indian Nations. There are 109 sovereign tribal governments in California that face many of the
same challenges facing cities, and whose actions often have profound effects on California cities. The board of directors voted to
establish a League - Tribal Governments Collaboration Task Force to recommend a mechanism for ongoing dialogue and
collaboration. The task force will consist of League representatives appointed by the president and representatives chosen by
interested major tribal government associations.
last updated : 12/18/2006
/4�77-y
I
0 0
RESOLUTION NO. 9863 (2007 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT NO. 2330
WHEREAS, the City Council made certain findings concerning Tract 2330, as prescribed in
Resolution No. 8971 (1999 Series); and
WHEREAS, the City Council approved the final map for Tract 2294 per Resolution No. 9140
(2001 Series); and
WHEREAS, the subdivider has satisfactorily completed the public improvements for Tract
2330, in accordance with City standards, specifications and the subdivision agreement, and has
requested acceptance of the public improvements for maintenance and operation by the City.
NOW, THEREFORE, BE IT RESOLVED, the City Council hereby accepts the public
improvements for Tract No. 2330. The current Faithful Performance surety is hereby reduced to $1,630,
being ten percent of the total cost of the public improvements, to be held for one year from this date, in
accordance with the subdivision agreement. The Labor & Materials surety may be released at this time,
since the conditions of Section 66499.7 of the California Government Code have been met.
On motion of Council Member. Brown, seconded by Vice Mayor Mulholland, and on the
following roll call vote:
AYES: Council Members Brown, Carter, Settle, and Vice Mayor Mulholland and Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was.adopted this 23`d day of January 2007.
Mayor David F. Romero
ATTEST:
(V " "'
Audrey Ho er '
City Clerk
APPROVED AS TO FORM:
Jo . Lowell
City Attorney
10
C
C
RESOLUTION NO. 9862 (2007 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT NO. 2294
WHEREAS, the City Council made certain findings concerning Tract 2294, as
prescribed in Resolution No. 8924 (1999 Series); and
WHEREAS, the City Council approved the final map for Tract 2294 per Resolution No.
9028 (2000 Series); and
WHEREAS, the subdivider has satisfactorily completed the public improvements for
Tract 2294, in accordance with City standards, specifications and the subdivision agreement, and
has requested acceptance of the public improvements for maintenance and operation by the City.
NOW, THEREFORE, BE IT RESOLVED, the City Council hereby accepts the public
improvements for Tract No. 2294. The current Faithful Performance surety is hereby reduced to
$7,450, being ten percent of the total cost of the public improvements, to be held for one year
from this date, in accordance with the subdivision agreement. The Labor & Materials surety
may be released at this time, since the conditions of Section 66499.7 of the California
Government Code have been met.
On motion of Council Member Brown, seconded by Vice Mayor Mulholland, and on the
following roll call vote:
AYES: Council Members Brown, Carter, Settle, and Vice Mayor Mulholland and Mayor
Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 23`d day of January 2007.
Mayor David F. Romero
ATTEST:
Audrey Ho ei
City Cler
APPROVED AS TO FORM:
J ath P. Lowell
City Attorney
R:N
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RESOLUTION NO. 9861 (2007 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
UPHOLDING AN APPEAL AND APPROVING THE ENCLOSURE OR OBSCURING ALL
THE WINDOWS ALONG MORRO STREET AS PART OF A FACADE REMODEL AT
899 HIGUERA (ARC 79 -06).
WHEREAS, the Architectural Review Commission conducted a public hearing on
November 20, 2006, to consider the applicant's request to remodel the fagade at a premises known
as 899 Higuera Street; and
WHEREAS, the Architectural Review Commission approved the fagade remodel and
allowed three of the six windows along the Morro Street frontage to be obscured, based on findings;
and
WHEREAS, an appeal of the Architectural Review Commission's action to not allow all
six of the windows along the Morro Street frontage to be obscured was received by the City on
November 21, 2006; 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 duly considered all evidence, including the testimony of
the appellant, interested parties, and the evaluation and recommendations by staff, presented at said
hearing..
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows`
Section 1. Approval. The request to appeal the Architectural Review Commission's action
allowing only three of the six windows along Morro Street to be obscured is hereby approved, based
on the following findings and condition:
SECTION 1. Findings.
1. The proposed design of the exterior fagade, including enclosure of all six windows along the
Morro Street frontage, is compatible to surrounding properties within the downtown district, since
the building will retain other features that are compatible with adjacent historic structures.
2. The project is consistent with the Historic Preservation Program Guidelines as the additional
storefront entries will reinforce the traditional pattern and scale of the downtown rhythm and
pedestrian orientation.
3. The project is consistent with the intent of the City's Community Design Guidelines, which
encourage projects that preserve and enhance the character and attractiveness of the downtown.
Resolution No. 9861 (2007 aes)
Page 2
4. The project is categorically exempt from environmental review in accordance with Section 15301.
(e), Existing Facilities, of the CEQA Guidelines, since the project involves only minor alterations
to an existing facility.
Condition
1. All of the windows on Morro Street shall be modified consistently with translucent sand- etched
glass and indirect lighting.
On motion by Council Member Brown, seconded by Council Member Settle, and on the
following roll call vote:
AYES: Council Members Brown, and Settle and Mayor Romero
NOES: Council Members Mulholland and Carter
ABSENT: None
The foregoing resolution was passed and adopted this 9th day of January 2007.
Mayor David F. Romero
ATTEST:
Audrey Hoo
City Clerk
APPROVED AS TO FORM:
J at . Lowell
City Attorney
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