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RESOLUTION NO. 10174 (2010 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING THE
PREPARATION AND APPLICATION FOR GRANT FUNDS FOR THE SUSTAINABLE
COMMUNITIES PLANNING GRANT AND INCENTIVES PROGRAM UNDER THE
SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL,
RIVER AND COASTAL PROTECTION BOND ACT OF 2006 (PROPOSITION 84)
WHEREAS, the Legislature and Governor of the State of California have provided funds
for the program shown above; and
WHEREAS, the Strategic Growth Council has been delegated the responsibility for the
administration of this grant program, establishing necessary procedures; and
WHEREAS, said procedures established by the Strategic Growth Council require a
resolution certifying the approval of application(s) by the Applicants governing board before
submission of said application(s) to the State; and
WHEREAS, the applicant, if selected, will enter into an agreement with the State of
California to carry out the development of the proposal.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis
Obispo:
1. Approves the preparation and filing of an application for the Land Use and Circulation
Elements Update (the proposal) in. order to become a sustainable community; and
2. Certifies that the applicant understands the assurances and certification in the application;
and
3. Certifies that the applicant or title holder will have sufficient funds to develop the
proposal or will secure the resources to do so; and
4. Certifies that the proposal will comply with any applicable laws and regulations; and
5. Appoints the City Manager, or designee, as agent to conduct all negotiations, execute and
submit all documents including, but not limited to applications, agreements, payment
requests and so on, which may be necessary for the completion of the aforementioned
proj ect(s).
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Resolution No. 10174 (2010-Senes)
Page 2
Upon motion of Vice Mayor Carter, seconded by Council Member Ashbaugh, and on the
following vote:
AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 18th day of May 2010.
i
Mayor David F. Romero
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM:
JC4stine Dietrick
City Attorney
0 0
RESOLUTION NO. 10173 (2010 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO AUTHORIZING AN
APPLICATION IN THE AMOUNT OF $2139450 TO THE STATE DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT FOR FIRST TIME HOMEBUYER
PROGRAM FUNDS.
WHEREAS, the City of San Luis Obispo, a charter city and political subdivision of the
State of California, wishes to apply for and receive an allocation of funds through the CalHome
Program; and
WHEREAS, the California Department of Housing and Community Development
(hereinafter referred to as "HCD ") has issued a Notice of Funding Availability ( "NOFA ") for the
CalHome Program established by Chapter 84, Statutes of 2000 (SB 1656 Alarcon), and codified
in Chapter 6 (commencing with Sections 50650) of Part 2 of Division 31 of the Health and
Safety Code (the "statute "). Pursuant to the statute, HCD is authorized to approve funding
allocation utilizing monies made available by the State legislature to the CalHome program,
subject to the terms and conditions of the BEGIN Program Guidelines adopted as amended by
HCD in April, 2004; and
WHEREAS, the City of San Luis Obispo wishes to submit an application to obtain from
HCD an allocation of BEGIN Program funds in the amount of $213,450; and
WHEREAS, at the time of application, the City of San Luis Obispo has a Housing
Element that is certified by HCD.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Application. The City of San Luis Obispo shall submit to HCD an
application to participate in the BEGIN Program in response to the NOFA issued on April 19,
2010, which will request a funding allocation for the First Time Homebuyer Program in the
amount of $213,450, which may be used (but is not limited to) units designated for low income
households in the Moylan Terrace project, as outlined in the following table:
Unit Size
Low Income Purchase
20% Down
Number of
Total
Price
Payment
Units
Assistance
Assisted
1- bedroom
$135,900
$27,180
3
$81,450
2- bedroom
$153,000
$30,600
2
$611200
3- bedroom
$176,775
$35,355
2
1 $70,710
----z al ti
Total
7
$213,360
SECTION 2. Eligible. Activities. If the application for funding is approved, the City of
San Luis Obispo hereby agrees to use the CalHome funds for eligible activities in the manner
presented in the application as approved by HCD and in accordance with program regulations
cited above. It also may execute any and all other instruments necessary or required by HCD for
participation in the CalHome Program.
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Resolution No. 10173 (2010 Series)
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SECTION 3. Authorization. The City of San Luis Obispo authorizes the City Manager or
the Assistant City Manager to execute in the name of the City of San Luis Obispo, the
application, the Standard Agreement, and all other documents required by HCD for participation
in the CalHome program, and any amendments thereto.
Upon motion of Vice Mayor Carter, seconded by Council Member Ashbaugh, and on the
following vote:
AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 18th day of May 2010.
Mayor David F. Romero
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM:
i
Christine Dietrick
City Attorney
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RESOLUTION NO. 10172 (2010 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO AUTHORIZING AN
APPLICATION IN THE AMOUNT OF $6319000 TO THE STATE DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT FOR BEGIN PROGRAM FUNDS TO
PROVIDE DOWN PAYMENT ASSISTANCE TO FIRST TIME HOMEBUYERS IN
HASLO'S MOYLAN TERRACE PROJECT.
WHEREAS, the City of San Luis Obispo, a charter city and political subdivision of the
State of California, wishes to apply for and receive an allocation of funds through the BEGIN
Program; and
WHEREAS, the California Department of Housing and Community Development
(hereinafter referred to as "HCD ") has issued a Notice of Funding Availability ( "NOFA ") for the
BEGIN Program established by Chapter 14.5, Sections 50860 through 50866 of Part 2 of
Division 31 of the Health and Safety Code (the "statute "). Pursuant to the statute, HCD is
authorized to approve funding allocation utilizing monies made available by the State legislature
to the BEGIN program, subject to the terms and conditions of the BEGIN Program Guidelines
adopted as amended by HCD on.May, 21, 2007; and
WHEREAS, the City of San Luis Obispo wishes to submit an application to obtain from
HCD an allocation not BEGIN Program funds in the amount of $631,000; and
WHEREAS, at the time of application, the City of San Luis Obispo has a Housing
Element that is certified by HCD.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Application. The City of San Luis Obispo shall submit to HCD an
application to participate in the BEGIN Program in response to the NOFA issued on April 19,
2010, which will request a funding allocation for down payment assistance to first -time
homebuyers, consistent with BEGIN Program Guidelines, for ten units in the Moylan Terrace
Project, including five two- bedroom units and five three- bedroom units, for a total of $631,000,
as follows:
Unit Size
Moderate
Expected
Per Unit
Number
Total
Affordable Price
Market Price
Subsidy
of Units
Assistance
Required
Assisted
2- bedroom
$267,575
$327,000
$59,425
5
$297,125
3- bedroom
$309,225
$376,000
$66,775
5
$333,875
Total
] 0
$631,000
SECTION 2. Eligible Activities. If the application for funding is approved, the City of
San Luis Obispo hereby agrees to use the BEGIN Program funds for eligible activities in the
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Resolution No. 10172 (201 eries)
Page 2
manner presented in the application as approved by HCD and in accordance with program
Guidelines as cited above. It also may execute any and all other instruments necessary or required
by HCD for participation in the BEGIN Program.
SECTION 3. Authorization. The City of San Luis Obispo authorizes the City Manager or
the Assistant City Manager to execute in the name of the City of San Luis Obispo, the
application, the Standard Agreement, and all other documents required by HCD for participation
in the BEGIN program, and any amendments thereto.
Upon motion of Vice Mayor Carter, seconded by Council Member Ashbaugh, and on the
following vote:
AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 18th day of May 2010.
Mayor David F. Romero
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM:
1
hristine Dietric c
City Attorney
C
C
RESOLUTION NO. 10171 (2010 Series)
A. RESOLUTION OF THE CITY OF SAN LUIS OBISPO AMENDING THE CITY'S
MASTER FEE SCHEDULE FOR PERMIT FEES TO STRENGTHEN
UNREINFORCED MASONRY BUILDINGS
WHEREAS, it is the policy of the City of San Luis Obispo to review service charges on
an ongoing basis and to adjust them as required to ensure that they remain adequate to achieve
adopted cost recovery goals; and
WHEREAS, in accordance with this policy the Council adopted Resolution No. 10098
on June 16, 2009, updating the City's updated master fee schedule on a comprehensive basis;
and
WHEREAS, the Council considered amendments to the master fee schedule for permit
fees to strengthen unreinforced masonry buildings at a public hearing on February 16, 2010.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that the City's master fee schedule is hereby amended as set forth in Exhibit A, effective
July 1, 2010.
Upon motion of Vice Mayor Carter, seconded by Council Member Ashbaugh, and on the
following vote:
AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted on this 18`h day of May 2010.
NOR.
• �: • am ' • •
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM:
! Christine Dietrick
City Attorney
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Resolution No. 10171 (20100 Senes) O
Page 2
Exhibit A
Amend the BUILDING & SAFETY FEE SCHEDULE to add the language in italics to the
existing fees that follow:
All fees associated with Seismic Strengthening of Unreinforced Masonry Buildings shall
revert to usual Plan Review, Permit and/or Planning services fees when the seismic retrofit
permit is deemed to have expired by the Community Development Department following the
deadline for completion of the seismic retrofit
Plan Review Fees:
The plan review fee for a permit application that includes seismic strengthening of a building of
unreinforced masonry construction shall be $40.00.
Amend the BUILDING & SAFETY FEE SCHEDULE to add the following paragraph under
Permit Fees — General application:
The all inclusive combination permit fee for a construction permit that includes seismic
strengthening of a building of unreinforced masonry construction shall be $40.00.
Amend the PLANNING SERVICES FEE SCHEDULE to add the following category under
OTHER PLANNING SERVICES for Architectural Review:
Project with Seismic Strengthening of Unreinforced Masonry Building $40.00
Establish a Fee for Use of Parking Spaces as follows:
For construction projects with a valid building permit to strengthen an unreinforced masonry
building, the fee for use of each Metered Parking Space, up to three for a maximum of six
months, shall be $1.00.
0 0
RESOLUTION NO. 10170 (2010 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO SUSPENDING
ENFORCEMENT OF SEISMIC RETROFIT DEADLINES FOR SPECIFIC
UNREINFORCED MASONRY BUILDINGS
WHEREAS, on September 7, 2004, the City Council adopted changes to its existing
Unreinforced Masonry Program (URM) by adopting Ordinance No. 1453 (Series 2004)
establishing July 1, 2010 as the deadline for strengthening unreinforced masonry buildings
identified on the Inventory; and
WHEREAS, on April 3, 2007, the City Council established deadlines for specific
buildings based on aggregate hazard reduction and other practical aspects, including progress by
large projects within the City permitting process and ownership by not - for -profit entities, by
adopting Resolution No. 9890 (2007 Series); and
WHEREAS, the deadline established for the buildings identified on the Inventory as 722,
728, and 748 Marsh; 1119 and 1123 Garden all part of the Garden Street Terraces Project, and
1029 and 1035 Chorro all part of the Naman Project, and 840, 848, and 886 Monterey; and 861
Palm, all part of the Chinatown Project, and 2747 Broad is July 1, 2010; and
WHEREAS, the three large projects have made diligent progress toward project
permitting and are in various stages of the process but without construction documents that allow
construction to begin; and
WHEREAS, the building at 2747 Broad is owned by a non - profit entity with limited
ability to complete the retrofit within the deadline; and
WHEREAS, the Garden Street Terraces, Naman, and Chinatown Projects continue to
progress toward construction but require more time to obtain required permits and construction
financing prior to beginning construction; and
WHEREAS, the Chamber of Commerce, following careful consideration and
recommendation by the Chamber Seismic Task Force, supports the action by Council allowing
the Garden Street Terraces, Naman, and Chinatown Projects more time to address the hazard due
to the diligent efforts exercised by the owners of these three projects to obtain necessary permits.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Subject to the property owners' execution of agreements to secure
performance, the City will suspend the enforcement of seismic deadlines as to the URM
buildings identified on the Inventory as 722, 728, and 748 Marsh; 1119 and 1123 Garden all part
of the Garden Street Terraces Project, and 1029 and 1035 Chorro all part of the Naman Project,
and 840, 848, and 886 Monterey; and 861 Palm, all part of the Chinatown Project until July 1,
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Resolution No. 10170 (201 eries) O
Page 2
2015, unless the project fails to progress, in the sole discretion of the Community Development
Director.
SECTION 2. Subject to the property owner's execution of an agreement to secure
performance, the City will suspend enforcement of the seismic deadlines as to the URM Building
identified as 2747 Broad Street until July 1, 2011.
Upon motion of Vice Mayor Carter, seconded by Council Member Ashbaugh, and on the
following vote:
AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 18th day of May 2010.
Mayor David F. Romero
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM:
� A16
Christine Dietrick
City Attorney
0 0
RESOLUTION NO. 10169 (2010 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO AUTHORIZING
COLLECTION OF FEES FOR 2010 -11 FIRE AND LIFE SAFETY INSPECTIONS OF
MULTI- DWELLING PROPERTIES CONTAINING THREE OR MORE DWELLING
UNITS ON THE SECURED PROPERTY TAX ROLL
WHEREAS, the City of San Luis Obispo is required by California Health & Safety Code
Section 17921 annually to inspect multi - dwelling properties containing three or more dwelling
units, including apartments, certain residential condominiums, hotels, motels, lodging houses and
congregate residences; and
WHEREAS, California Health & Safety Code Section 13146 authorizes cities to charge
property owners in recovering the reasonable costs of providing these annual inspections; and
WHEREAS, in accordance with this policy, the Council previously adopted Resolution
Nos. 9799 (2006 Series) and 9889 (2007 Series) updating the master fee schedule and
authorizing the collection of these fees on the secured property tax roll; and
WHEREAS, the Council desires to continue collection of these fees on the secured
property tax roll for 2010 -11.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Pursuant to California Health & Safety Code Section 13146.2(b) and
Municipal Code Section 3.50, the Council hereby authorizes and directs that Fire and Life Safety
Inspection fees, as specifically set forth in "Exhibit A" hereto, shall be collected on the secured
property tax roll for fiscal year 2010-11.
SECTION 2. A listing of fees by assessor's parcel number shall be provided to the
County Auditor - Controller for collection on the 2010 -11 secured property tax roll in accordance
with its schedule and data format requirements.
Upon motion of Vice Mayor Carter, seconded by Council Member Ashbaugh, and on the
following vote:
AYES: Council Members Ashbaugh and Marx, Vice Mayor Carter and Mayor
Romero
NOES: Council Member Settle
ABSENT: None
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Resolution No. 10169 (2010 Series)
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The foregoing resolution was adopted this 18`h day of May 2010.
Mayor David F. Romero
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM:
J./diristine Dietrick
ity Attorney
Resolution No. 10169 (2010 Series) O
Page 3
oil
- - -
Multi- Dwelling Fire and Life Safety Inspection Fee Schedule
Apartment Houses
$28.00 per unit per year
Administrative fee of $65.00 per year per facility
$10,000 maximum per property
Fees are waived for units that are built, owned and managed by the San Luis Obispo Housing
Authority, other governmental agencies or not - for -profit housing organizations.
Hotels, Motels, Lodging Houses, Bed & Breakfast Facilities, Youth Hostel Facilities, Senior
Living Facilities, Sororities, Fraternities and Other Congregate Residences
I to 30 units $200 per year per facility
31 to 80 units $300 per year per facility
More than 80 units $400 per year per facility
These fees are applicable to all multi- dwelling units in the City based on the following
definitions as set forth in the 2007 California Building Code.
Apartment house: residential occupancy containing sleeping units or more than two dwelling
units where the occupants are primarily permanent in nature. (Includes R -2 Occupancy
classification condominiums).
Congregate residence: residential occupancies containing sleeping units or more than two
dwelling units where the occupants are primarily penmanent in nature. A congregate residence
may be a convent, monastery, dormitory, fraternity or sorority house, but does not include jails,
hospitals, nursing homes, hotels, or lodging houses.
Dwelling unit: a single unit providing complete, independent living facilities for one or more
persons including permanent provisions for living, sleeping, eating, cooking and sanitation.
HoteYMotekEodging House, Bed & Breakfast: residential occupancies containing sleeping
units where the occupants are primarily transient in nature.
O O
RESOLUTION NO. 10168 (2010 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ON PROTECTION OF
WHALES AND OPPOSITION TO PROPOSED RESUMPTION OF COMMERCIAL
WHALING AND TEN YEAR QUOTAS FOR GRAY WHALES AS PROPOSED BY THE
INTERNATIONAL WHALING COMMISSION
WHEREAS, whales are considered sentient beings that, at the apex of the marine food
chain, are extremely important for the health and viability of our oceans; and
WHEREAS, the California gray whale is our official state Marine Mammal and is
enjoyed by millions of whale watchers along the coast of California every winter and spring; and
WHEREAS, whale watching for gray whales and other species is a multi- million dollar
industry supporting coastal communities throughout California; and
WHEREAS, the California gray whale population is showing signs of stress; and
WHEREAS, all whale populations, including the gray whale, are facing serious global
environmental problems including effects of global warming and acidification of the oceans,
harvesting of krill and other small fish species, intense underwater noise, and water pollution;
and
WHEREAS, the International Whaling Commission ( "IWC ") has adopted an indefinite
moratorium on commercial whaling that went into effect for the 1986 -87 whaling season; and
WHEREAS, the U.S. government vigorously promoted the whaling moratorium and has,
in the past, led efforts to protect whales in the IWC and other global forums, including the
establishment of the entire Southern Ocean as an IWC whale sanctuary; and
WHEREAS, an IWC delegation has now proposed an agreement that would legitimize
•and perpetuate commercial whaling, including so- called scientific whaling, on whale species,
including several that are considered globally endangered; and
WHEREAS, this agreement would legalize current commercial whaling, including so-
called scientific whaling from which all the products are marketed, being conducted by the
countries of Japan, Norway, and Iceland in defiance of the moratorium, as well as continue
illegal trade in whale meat; and
WHEREAS, this agreement would set ten -year quotas for whale species for both
commercial and subsistence whaling, including gray whales, without regard to scientific. review
of the population status of the species or potential adverse impact of the quotas; and
WHEREAS, this agreement would allow a subsistence quota of 1,400 gray whales over
the next ten years, a quota that could only be modified by a three- quarters vote of the full IWC;
and
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Resolution No. 10168 (2010 Series) 0
Page 2
WHEREAS, the IWC is scheduled to consider this new whaling agreement and to take
action on it at their annual meeting on June 21 -25, 2010, in Agadir, Morocco.
NOW, THEREFORE, BE IT RESOLVED that the City of San Luis Obispo:
SECTION 1. Opposes the agreement to renew commercial whaling and set ten -year
quotas as proposed by the IWC;
SECTION 2. Urges President Barack Obama to direct the United States Delegation to
the IWC to oppose the agreement or any other agreements to allow commercial whaling or set
ten -year quotas;
SECTION 3. Urges the IWC to end all commercial killing of whales, including killing
undertaken by nations holding objections to the IWC moratorium and nations issuing so- called
"scientific" permits to kill whales for commerce; and
SECTION 4. Urges the IWC to focus instead on protecting whales and whale habitat,
encouraging nonlethal and non - harassing uses of whales for education and scientific study, and
addressing global environmental problems that impinge on whale populations as representatives
of the biodiversity of the oceans.
Upon motion of Vice Mayor Carter, seconded by Council Member Ashbaugh, and on the
following vote:
AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 18th day of May 2010.
Mayor David F. Romero
ATTEST:
4.* '%. L
Elaina Cano
City Clerk
AS
X Christine Dietrick
City Attorney
O
RESOLUTION NO. 10167 (2010 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO OPPOSING PROPOSITION 16
THE "NEW TWO- THIRDS VOTE REQUIREMENT FOR PUBLIC ELECTRICITY
PROVIDERS" INITIATIVE
WHEREAS, the "New Two - Thirds Vote Requirement for Public Electricity Providers"
Initiative ( "Initiative ") appears as Proposition 16 on the June 8, 2010, Statewide Primary
Election; and
WHEREAS, the Initiative is a Constitutional Amendment; and
WHEREAS, the Initiative would prevent a simple majority of citizens from determining
whether they want Community Choice Aggregation, a program authorized by the state
legislature in 2007 that allows a city, county or group of government agencies to procure and
provide electricity to residents and businesses within its jurisdictions; and
WHEREAS, the Legislative Analysts Office concluded that the Initiative would create
an unknown impact to state and local government costs and revenues, depending on future voter
decisions, due to the potential impacts on electricity rates and publicly owned electric utility
operations.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The Council by adopting this resolution does hereby oppose Proposition 16
on the June 2010 ballot.
SECTION 2. The City Council and staff are authorized to provide impartial
informational materials on the Initiative as may be lawfully provided by the City's
representatives. No public funds shall be used to campaign for or against the initiative.
SECTION. 3. The residents of the City of San Luis Obispo are encouraged to become
well informed on the Initiative and its possible impacts.
Upon motion of Vice Mayor Carter, seconded by Council Member Ashbaugh, and on the
following vote:
AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and
Mayor Romero
NOES: None
ABSENT: None
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Resolution No. 10167 (201Qeries) O
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The foregoing resolution was adopted this 18th day of May 2010.
Mayor David F. Romero
ATTEST:
) � - 427',
Elaina Cano
City Clerk
APPROVED AS TO FORM:
. CGstine Dietrick
City Attorney
O - O
RESOLUTION NO. 10166 (2010 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING A
CONDOMINIUM CONVERSION FOR TEN APARTMENTS AT 614 GRAND AVENUE
(CON 12 -10)
WHEREAS, the Council of the City of San Luis Obispo conducted a public hearing in
the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on May 4,
2010, to consider Application No. CON 21 -10, a request to approve a Condominium Conversion
for 10 apartments known as Grand Terrace Town homes at 614 Grand Avenue; and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
WHEREAS, the conversion of existing residential apartments to ownership
condominiums is exempt from environmental review (CEQA); and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations by staff presented at
said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the Council makes the following
findings:
1. The proposed condominium conversion is consistent with the General Plan because
changing the apartments to condominiums will not impact available affordable housing since
the conversion will provide three deed - restricted affordable units at the "low- income"
category consistent with the City's Inclusionary Housing Ordinance and the other units are
affordable by design.
2. Upon final tract map review, the conversion will comply with all regulations and property
improvement standards for condominium conversions.
3. As stated in the applicant's property condition report, the property is in satisfactory
condition and a report of any known defects will be made available to future property owners
and kept on file at the City.
4. Based on a staff review of the application materials, a visit to the site and a review of
City records, the property is in substantial compliance with the Zoning Code in terms of
allowed use, density, parking, yard areas, building height, and all other applicable property
development standards.
5. In accordance with the Condominium Conversion standards the applicant has delivered a
notice of intent to convert to each tenant on February 10,-2010, which will be at least 6
months prior to the tract map review by the Planning Commission.
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Resolution No 10166 (2010 es) O
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6. The existing apartments, due to location, design, condition, and general conformance
with property development standards are appropriate for conversion to individual ownership
units and will result in a quality living environment for future property owners.
7. In light of the above findings, there exists adequate facts to support the findings required
under sections 66473.5 and 66474 of the Government Code.
8. An equivalent number of new units comparable in affordability and amenities to those
being converted are being created as part of the new project.
9. In accordance with the CEQA Guidelines Section 15301 (K) the conversion of multiple
family residences into condominiums is categorically exempt from environmental review.
SECTION 2. Action. The Council hereby approves Application No. CON 21 -10, a
request to convert ten apartment units at 614 Grand Avenue to individual ownership
condominiums in accordance with Municipal Code 16.17, subject to the following conditions:
1. The applicant shall apply for a tentative parcel map as defined by the Subdivision Map
Act and in accordance with the City's Subdivision Regulations and Municipal Code Chapter
17.82 (Condominium Conversions). The tentative parcel map shall be subject to (but not
limited to) the following conditions of approval:
a. Each unit shall be supplied with individual meters for gas, water and electrical
service. Location and type of metering shall be subject to review and approval of the
City.
b. Any building defects noted in the property condition report submitted to the City shall
be repaired prior to approval of the final condominium map.
c. Any improvements necessary to comply with the property improvement standards for
condominium conversions (Chapter 16.017.070 A through I) shall be completed prior to
approval of the final condominium map. Such improvements include (but may not be
limited to): private open space yards, bicycle storage lockers, retrofitting units with
additional energy compliance requirements such as increased insulation or insulated
windows, restoration and refurbishing of landscape areas, installation of common area
improvements, installation of smoke detectors and fire protection systems, or repair and
upgrades of parking areas.
d. Conditions, Covenants and Restrictions (CC &R's) are required, to the approval of the
Community Development Director and the Public Works Director. The CC &R's shall
include a description and regulations pertaining to the open space easement and all
common areas.
e. If pertinent, the tentative map shall reflect the location of all any overhead and
underground utilities.
f. The subdivider shall submit a final map to the city for review, approval, and
recordation. The map shall be prepared by, or under the supervision of a registered civil
Resolution No 10166 (2010 Series) O
Page 3
engineer or licensed land surveyor. The final map shall be prepared in accordance with
the Subdivision Map Act and the Subdivision Regulations.
g. Pursuant to Government Code Section 66474.9(b)(1), the subdivider shall defend,
indemnify and hold harmless the city or its agents, officers and employees from any
claim, action, or proceeding against the city or it agents, officers or employees to attack,
set aside, void or annul an approval of the city, advisory agency, appeal board or
legislative body concerning this subdivision. The city shall promptly notify the
subdivider of any claim, action or proceeding and shall cooperate fully in the defense.
2. Each non - purchasing tenant not in default under the provisions of the rental agreement or
lease shall have the right to remain not less than 180 days from the written notice of intent to
convert.
3. After submittal of the tentative map, prospective tenants shall be given a written notice of
intent to convert prior to leasing or renting any unit.
4. Applicant shall give any present tenant a non - transferable right of first refusal to purchase
the unit occupied. This right of first refusal shall extend at least 90 days from the date of
issuance of the subdivision public report or commencement of sales, whichever date is later.
The tenant's security deposit and last months rent shall be credited towards the purchase of
the property.
5. Private open space yards, including new fencing and any other necessary landscape
improvements, shall be completed prior to recordation of a final map.
6. Solar water heating shall be provided for each unit, and appropriate easements shall be
provided for collector locations. The Community Development Director may waive the
requirement for solar water heating in cases where the Chief Building Official has
determined that equivalent energy saving will be obtained by other means.
7. A minimum of three units, of average size and quality, shall be deed restricted to "low"
affordable levels for a minimum of 45 years, consistent with the City's Inclusionary Housing
Ordinance. The units shall be deed restricted upon recordation of the final condominium
map prior to sale of the property.
Upon motion of Council Member Settle, seconded by Council Member Marx, and on the
following vote:
AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and
Mayor Romero
NOES: None
ABSENT: None
Resolution No 10166 (2010 Series) O
Page 4
The foregoing resolution was adopted this 4`h day of May 2010.
Mayor David F. Romero
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM:
Christine Dietric c
City Attorney
O Q
RESOLUTION NO. 10165 (2010 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO DESIGNATING
SAFETY ENHANCEMENT ZONES
WHEREAS, City of San Luis Obispo Municipal Code section 9.22.010 authorizes the
City Council, upon a finding that there is a need to take immediate action to protect the public
health, safety and welfare, to designate a specific geographical area as a "safety enhancement
zone;" and
WHEREAS, the periods of time coinciding with Mardi Gras, Halloween, and St.
Patrick's Day involve conditions and circumstances throughout the city that create the potential
for a significant threat to public health and safety, including large crowds, excessive and illegal
alcohol consumption, and public drunkenness; and
WHEREAS, these conditions and circumstances associated with these events are not
isolated to any one area of the city and impact many different neighborhoods and the downtown;
and
WHEREAS, the threat would be reduced by enhanced penalties for violations of
provisions of the San Luis Obispo Municipal Code.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The entire area within the city limits of San Luis Obispo is designated a
safety enhancement zone during the Mardi Gras period, effective from 12:01 a.m. on the
Thursday preceding "Fat Tuesday" until 7:00 a.m. on the Wednesday following "Fat Tuesday."
SECTION 2. The entire area within the city limits of San Luis Obispo is designated a
safety enhancement zone from 12:01 a.m. on March 17 (St. Patrick's Day) until 7:00 a.m. on
March 18 of each year.
SECTION 3. The entire area within the city limits of San Luis Obispo is designated a
safety enhancement zone from 12:01 a.m. on October 31 (Halloween) until 7:00 a.m. on
November 1 of each year. If Halloween falls on a Thursday, Friday, Saturday or Sunday, the
safety enhancement zone period will be effective at 12:01 a.m. on the Thursday falling on or
preceding October 31 until 7:00 a.m. on the Monday following October 31.
R 10165
Resolution No. 10165 (2010 eries)
Page 2
Upon motion of Council Member Ashbaugh, seconded by Vice Mayor Carter, and on the
following vote:
AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 20th day of April 2010.
Mayor David F. Romero
ATTEST:
'e�
Elaina Cano
City Clerk
APPROVED AS TO FORM:
(5o",
hristine Dietrick
ty Attorney
N
RESOLUTION NO. 10164 (2010 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING REVISED
STANDARD SPECIFICATIONS AND ENGINEERING STANDARDS
FOR CONSTRUCTION
WHEREAS, the Public Works Department is responsible for maintaining Standard
Specifications and Engineering Standards establishing quality requirements and contract conditions
for construction; and
WHEREAS, the Standard Specifications and Engineering Standards must be periodically
updated to allow for changes in construction practices and contract and state law; and
WHEREAS, the City of San Luis Obispo proposes to establish a Water Efficient
Landscape Ordinance in compliance with the state requirements set forth in Assembly Bill 1881;
and
WHEREAS, it has been determined that for the ease of reference for City staff and
project applicants that the Standard Specifications and Engineering Standards are the appropriate
location for the water efficient landscape standards to be placed.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis
Obispo as follows:
1. Resolution No. 10137 (2010 Series) approving previous editions of the Standard
Specifications and Engineering Standards is hereby rescinded.
2. Revised Standard Specifications and Engineering Standards dated January 2010, copies
of which are on file in the Office of the City Clerk, are hereby approved.
Upon motion of Council Member Marx, seconded by Council Member Settle, and on the
following vote:
AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and
Mayor Romero
NOES: None
ABSENT: None
R 10164
Resolution No. 10164 (2010(eries) O
Page 2
The foregoing resolution was adopted this 20th day of April 2010.
i
Mayor David F. Romero
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM:
. Christine Dietrick
City Attorney
N
K
RESOLUTION NO. 10163 (2010 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO AUTHORIZING
THE FILING OF THE 2009 -10 TRANSIT SYSTEM SAFETY, SECURITY
AND DISASTER RESPONSE ACCOUNT PROGRAM APPLICATION
WITH THE CALIFORNIA EMERGENCY MANAGEMENT AGENCY
WHEREAS, the City of San Luis Obispo (referred hereinafter as the City) operates the
San Luis Obispo (SLO) Transit; and
WHEREAS, the California Transit Security Grant Program has allocated a portion of
Proposition 1B (Prop 1B) Safety and Security Grant funding to be used for SLO Transit capital
projects; and
WHEREAS, the California Emergency Management Agency has been delegated
authority to award financial assistance for a transportation project; and
WHEREAS, a grant of State assistance will impose certain obligations upon the City of
San Luis Obispo and may require the City of San Luis Obispo provide the local share of project
costs; and
WHEREAS, the City of San Luis Obispo has or will provide all annual certifications and
assurances to the California Emergency Management Agency required for the project.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The City Manager or her designee is authorized to execute for and on
behalf of the City, a public entity established under the laws of the State of California, any
actions necessary in the submittal of this or future applications for the purpose of obtaining
financial assistance provided by the California Emergency Management Agency.
Upon motion of Vice Mayor Carter, seconded by Council Member Settle, and on the
following vote:
AYES: Council Members Ashbaugh, Carter and Marx, Vice Mayor Carter and
Mayor Romero
NOES: None
ABSENT: None
R 10163
Resolution No. 10163 (2010-series) O
Page 2
The foregoing resolution was adopted this 20th day of April 2010.
�.�;r4
Mayor David F. Romero
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM:
3..�CLhristine Dietnck
City Attorney
N
•
RESOLUTION NO. 10162 (2010 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING ACCEPTANCE OF AN OPEN SPACE AND AGRICULTURAL
CONSERVATION EASEMENT ON REAL PROPERTY
WHEREAS, Irish Hills Plaza East, LLC, a California corporation, ( "Plaza East ") is the
owner in fee simple of certain real property in San Luis Obispo County, California, outside of but
adjacent to the City of San Luis Obispo, described as Assessor's Parcel Number 067 - 242 -014,
which is proposed for annexation into the City of San Luis Obispo and development thereon; and
WHEREAS, as part of the annexation process, Plaza East has been required to
permanently protect through a conservation easement approximately seven acres of land suitable
for agricultural uses by the San Luis Obispo Local Agency Formation Commission (SLO
LAFCo), a local agency which governs changes in boundaries of municipalities and special
districts within San Luis Obispo County; and
WHEREAS, an area suitable for such protection has been identified nearby; and
WHEREAS, said area, identified as a portion of Assessor's Parcel Number 067- 241 -024,
possesses natural resource values including agricultural production, wildlife and plant resources,
and scenic open space values (the "Conservation Values ") of great importance to Grantor, the
people of the City of San Luis Obispo, SLO LAFCo, and the people of the State of California;
and
WHEREAS, the property owner, Irish Hills Plaza West, LLC ( "Plaza West "), a
California corporation, is willing to make such dedication of a conservation easement in order to
meet conditions of the proposed annexation, and
WHEREAS, the City of San Luis Obispo is a chartered municipal corporation of the
State of California that is authorized by law to accept Conservation Easements; and
WHEREAS, the City of San Luis Obispo agrees by accepting this grant to honor the
intentions of grantors stated herein and to preserve and protect in perpetuity the conservation
values of the proffered area for the benefit of this generation and the generations to come.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis
Obispo hereby:
1. Authorizes acceptance of the offer of donation of an Open Space and Agricultural
Conservation Easement on a portion of Assessor's Parcel Number 067 -241 -024, subject to
non - substantive changes approved by the City Attorney; and
2. Authorizes and directs the Mayor to accept said Conservation Easement on behalf of the
City of San Luis Obispo.
R 10162
Resolution No. 10162 (201b'Series)
Page 2
Upon motion of Vice Mayor Carter, seconded by Council Member Settle and on the
following vote:
AYES: Council Members Ashbaugh, Marx and Settle, Vice Member Carter and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 20th day of April 2010.
Mayor David F. Romero
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM:
Christine Dietrick
City Attorney
0 0
RESOLUTION NO. 10160 (2010 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO TO REMOVE THE
PROPERTY LOCATED AT 1415 MORRO STREET FROM THE CONTRIBUTING
PROPERTIES LIST OF HISTORIC RESOURCES
WHEREAS, in 1983 the City Council adopted Resolution No. 5197 establishing the
"Master List of Historic Resources" and "Contributing Properties List" (collectively referred to as
"Historic Resources "), along with procedures for adding and removing properties to the List; and
WHEREAS, on March 23, 2010, following such procedures, the Cultural Heritage
Committee held public hearings to consider recommending to the City Council an update of the
Contributing Properties List due to its finding that the property located at 1415 Morro Street did not
contribute to the historic and/or architectural character of the Old Town Historic District; and
WHEREAS, at said meeting, the Cultural Heritage Committee considered public
testimony, staff reports and background information on the property at 1415 Morro Street and
recommended that the City Council remove it from the Contributing Properties List.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
that based on the Cultural Heritage Committee's recommendation, documentation as described in
the Historical Resource Inventory for the property, on file in the Community Development
Department, the staff report, and on the City's Historical Preservation Program Guidelines the
following:
SECTION 1. Findings
1. The Cultural Heritage Committee is responsible for maintaining the Contributing
Properties and Master List of Historic Resources. Contributing properties are buildings at
least 50 years old that have retained most or all of their original architectural character, and
that contribute to the historic character of their districts. These lists are published in the
Historic Preservation Program Guidelines and on the City's website.
2. 1415 Morro Street is listed as a Contributing Property in the Old Town Historic District.
It is a four -story apartment building with stucco exterior walls, low slope hip roof, and
aluminum slider windows constructed in 1959.
3. The building was constructed outside of the District's period of significance of 1880 to
1920.
4. Based on the building's exterior architectural style and appearance, and on a review of
City historic files and other information, the Council has determined that the building does
not contribute to the District's historic character; it does not exhibit historical significance in
terms of architectural style or craftsmanship, nor is it associated with persons or events
important in the City's history.
R 10160
Resolution No. 10160 (2010'�5enes) O
Page 2
SECTION 2. Environmental Review. The City Council hereby determines that this action is not a
"project" under Section 21065 of the CEQA Guidelines since it will not cause either a direct
physical change in the environment, or a reasonably foreseeable indirect physical change in the
environment and consequently, does not require environmental review.
SECTION 3. Publish Revised Contributing Properties List. The Community Development Director
is hereby directed to amend the Contributing Properties List to delete 14.15 Morro Street and to
publish revised historic resource listings for public distribution..
Upon motion of Vice Mayor Carter, seconded by Council Member Settle and on the
following vote:
AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and
Mayor Romero
NOES: None
ABSENT: None
The foregoing Resolution was adopted this 20th day of April 2010.
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM:
7
J Christine Dietrick
City Attorney
0 0
RESOLUTION NO. 10161 (2010 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE FILING
OF THE 2009 -10 FEDERAL CAPITAL AND OPERATING ASSISTANCE GRANT
APPLICATION WITH THE FEDERAL TRANSIT ADMINISTRATION
WHEREAS, the Federal Transit Administration has been delegated authority to award
federal financial assistance for a transportation project; and
WHEREAS, a grant of federal assistance will impose certain obligations upon the City
of San Luis Obispo and may require the City of San Luis Obispo provide the local share of
project costs; and
WHEREAS, the City of San Luis Obispo has or will provide all annual certifications and
assurances to the Federal Transit Administration required for the project.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The City of San Luis Obispo is an eligible recipient as defined by 49
U.S.C. 5307, 5336j, and 5340.
SECTION 2. The Public Works Director or his designee is authorized to execute and
file an application for federal assistance on behalf of the City of San Luis Obispo with the
Federal Transit Administration for federal assistance authorized by 49 U.S.C. Chapter 53, Title
23, United States Code and other federal statutes authorizing a project administered by the
Federal Transit Administration.
SECTION 3. The Public Works Director or his designee is authorized to execute and
file with the application the annual certifications, assurances, and other documents the Federal
Transit Administration requires before awarding a federal assistance grant.
SECTION 4. The Public Works Director or his designee is authorized to execute grant
agreements with the Federal Transit Administration on behalf of the City of San Luis Obispo in
Exhibit A.
Upon motion of Vice Mayor Carter, seconded by Council Member Settle, and on the
following vote:
AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and
Mayor Romero
NOES: None
ABSENT: None
R 10161
Resolution No. 10161 (2010';32nes) O
Page 2
The foregoing resolution was adopted this 20th day of April 2010.
rZ,4)�i
Mayor David F. '• •
►:vrr *1111
Elaina Cano
City Clerk
APPROVED AS TO FORM:
1"),
Christine Dietrick
City Attorney
0 0
Exhibit A
FEDERAL TRANSIT ADMINISTRATION
GRANT APPLICATION
FOR
SLO TRANSIT
REVISED PROGRAM OF PROJECTS
FOR FISCAL YEAR 2009 -2010
The City of San Luis Obispo held a public hearing to receive comments on the Draft Program of
Projects on October 06, 2009 at 7:00 p.m. in Council Chambers, 990 Palm Street, San Luis
Obispo. The below Draft Program of Projects is the first revision and will become the final
program unless further modified:
Federal Apportionments:
For 2009 -2010
Carryover from previous year
Available to Program
Project
Operating Assistance 7/1/2009- 6/30/2010
Staff Vehicle replacement
Forklift
Bus Replacement (1)
Downtown Transit Coordination Center study
Cutaway vehicle replacements (2)
Paratransit operations
Total Project Cost
Federal Share
City of San Luis Obispo
San Luis Obispo Regional Transit Authority
Local Share
City of San Luis Obispo
San Luis Obispo Regional Transit Authority
$1,843,246
$445,070
$2,288,316
Transit
Federal
Total
Operator
Amount
Amount
SLO City
1,232,126
2,515,656
SLO City
40,000
50,000
SLO City
24,000
30,000
SLO City
427,500
475,000
SLO City
100,000
125,000
SLORTA
150,000
166,666
SLORTA
200,000
250,000
$3,612,322
$2,173,626
1,823,626
350,000
$1,438,696
1,359,530
79,166
0 0
RESOLUTION NO. 10159 (2010 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO REVOKING THE
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY AND TAXI PERMIT
FOR GREEN -GO TAXI
WHEREAS, the City Council of the City of San Luis Obispo desires to provide for taxi
service for its citizens; and
WHEREAS, Green -Go Taxi is a current operator in the City of San Luis Obispo; and
pursuant to San Luis Municipal Code Section 5.20.030 was issued a Certificate of Public
Convenience and Necessity and Taxi Permit on March 17, 2009 for a one year trial basis
(Resolution #10068 -2009 Series); and
WHEREAS, the City has received notification from Green -Go Taxi that they are unable
to operate taxi service on a twenty-four basis in the City and the owner has waived his right to a
public hearing; and
WHEREAS, in accordance with the provisions of San Luis Obispo Municipal Code
Chapter 5.20, the City has evaluated the twelve month trial service of Green -Go Taxi and Green -
Go has failed to meet criteria for continuation of its permit.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The City Council finds that Green -Go Taxi's failure to provide continuous
service and to meet criteria for its continued operation constitute good cause to revoke
Certificate of Public Convenience and Necessity and Taxi Permit issued to Green -Go Taxi on
March 17, 2009.
SECTION 2. The City Manager or her designee is hereby authorized to revoke the
Certificate of Public Convenience and Necessity and Taxi Permit issued to Green -Go Taxi LLC on
March 17, 2009.
Upon motion of Council Member Ashbaugh, seconded by Council Member Marx, and on
the following vote:
AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and
Mayor Romero
NOES: None
ABSENT: None
R 10159
Resolution No. 10159 (201�eries) •
Page 2
The foregoing resolution was adopted this 6th day of April 2010.
up M"Woogo,55'erM M�
• �: • F. Romero
MWOMW
Elaina Cano
City Clerk
APPROVED AS TO FORM:
J. Christine Dietrick
City Attorney
O •
RESOLUTION NO. 10158 (2010 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO CREATING
THE CITY'S CREEK AND FLOOD PROTECTION FEE SCHEDULE
WHEREAS, the City is required under conditions of its adopted Stormwater
Management Plan to adopt ordinances for the regulation and management of stormwater; and
WHEREAS, connection to the public storm drain system as defined in Chapter 12.08 of
the City's Municipal Code, must be recorded for purposes of verifying compliance with the
ordinance and to assist in locating pollutant sources; and
WHEREAS, there will be some cost associated with issuing a permit, reviewing
reporting, completing inspections, and mapping the connection.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that a new Creek and Flood Protection fee schedule be adopted, and rates established as
set forth in the Exhibit A attached hereto, with an effective date of July 1, 2010:
Upon motion of Council Member Ashbaugh, seconded by Council Member Carter, and
on the following vote:
AYES: Council Members Ashbaugh and Marx, Vice Mayor Carter and Mayor
Romero
NOES: Council Member Settle
ABSENT: None
The foregoing resolution was adopted this 6`h day of April 2010.
Mayor David F. Romero
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM:
iistine Dietrick
ty Attorney R 10158
o •
EXHIBIT A
CREEK AND FLOOD PROTECTION
Effective July 1, 2010
Fee
Public storm drain system annual connection fee:
Single property $20
Multiple property watershed $60
C 0
RESOLUTION NO. 10157 (2010 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF
THE ARCHITECTURAL REVIEW COMMISSION'S ACTION TO APPROVE THE
DESIGN OF A BICYCLE AND PEDESTRIAN PATH WITH BRIDGE OVER
PREFUMO CREEK AND A MITIGATED NEGATIVE DECLARATION FOR
PROPERTY LOCATED AT 1269 VISTA LAGO (ARCIER 74 -09)
WHEREAS, the Architectural Review Commission, on January 20, 2010, approved a
Mitigated Negative Declaration and granted final approval to the design for a proposed bicycle
and pedestrian path extending from Vista Lago to Oceanaire Drive including a bridge over
Prefumo Creek; and
WHEREAS, Paul Johansen, a property owner of a dwelling unit in the Windemere
Condominiums, filed an appeal of the Architectural Review Commission's action on January 28,
2010; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on March
16, 2010, for the purpose of considering the appeal of the Architectural Review Commission's
action; and
WHEREAS, the City Council has considered the Mitigated Negative Declaration of
environmental impact as prepared by staff and adopted by the Architectural Review
Commission; and
WHEREAS, the Council has duly considered all evidence, including the record of the
Architectural Review Commission hearing and action, testimony of interested parties, and the
evaluation and recommendations by staff, presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the City Council makes the
following findings:
Project Design
The proposed project consisting of a bicycle and pedestrian pathways and a connecting
bridge over Prefumo Creek is consistent with Section 7.1, Creekside Development, of the
City's Community Design Guidelines because it:
a. Minimizes encroachment into the riparian corridor by its free -span bridge design which
includes its support piers above the top of creek bank outside of the creek channel;
b. Include lighting fixtures that do not produce glare, but provide for the safety of users; and
c. Provides for pedestrian and bicycle circulation while protecting the quality of the creek
environment.
R 10157
Resolution No. 10157 (2010 Series)
Page 2
Creek Setback Exceptions
2. The location and design of the free -span bridge and the connecting pathways will minimize
impacts to scenic resources, water quality, and riparian habitat, including opportunities for
wildlife habitation, rest and movement because the encroaching features are relatively minor
in scale.
3. The exception will not limit the City's design options for providing flood control measures
that are needed to achieve adopted City flood policies because the project creek banks and
stream channel remain essentially unaltered.
4. The exception will not prevent the implementation of City- adopted plans, nor increase the
adverse environmental effects of implementing such plans because along with the minor
exceptions requested, the project will not adversely affect the health and vitality of the
riparian corridor.
5. There are circumstances applying to the site, such as shape and topography, which do not
apply generally to land in the vicinity with the same zoning that would deprive the property
of privileges enjoyed by other property in the vicinity with the same zoning because the
project site is irregularly shaped and includes an extensive amount of the creek corridor.
6. The exception will not constitute a grant of special privilege — an entitlement inconsistent
with the limitations upon other properties in the vicinity with the same zoning because the
proposed project provides a significant public benefit to surrounding properties.
7. The exception will not be detrimental to the public welfare or injurious to other property in
the area of the project or downstream because of the project's environmentally sensitive
design.
8. Site development cannot be accomplished with a redesign of the project because the
alternatives to having a bridge with no encroachments in the creek setback would have more
significant aesthetic and environmental impacts because they would require more extreme
bridge heights and support features.
9. Redesign of the project would deny the property owner reasonable use of the property given
the unique circumstances of a bridge that would require some sort of creek setback exception
to be feasible.
SECTION 2. Environmental Review. The City Council reaffirms the Architectural
Review Commission's adoption of a Mitigated Negative Declaration finding that it adequately
identifies the project's potentially significant impacts with incorporation of the following
mitigation measures and monitoring programs:
Resolution No. 10157 (201`US eries)
O
Page 3
Mitigation Measures:
Reduction of Light and Glare
Bridge lighting shall be limited in intensity and scale necessary for security and safety and
shall be designed not to shine offsite in conformance with the requirements of the City's
Night Sky Preservation standards contained in Chapter 17.23 f the Zoning Regulations. All
exterior lighting shall be shielded down - lights that do not shine skyward or spill onto
adjacent properties to the review and approval of the Architectural Review Commission
(ARC). Construction plans shall include details of light fixtures with illumination levels and
shielding mechanism
• Monitoring Program:
The ARC will review development plans for the project. City staff, including Planning and
other departments, will review plans to assure that all of the ARC's requirements related to
lighting are compliant with the MASP provisions and have been incorporated into working
drawings. City building inspectors will be responsible for assuring that all lighting is installed
pursuant to the approved lighting plan.
AIR QUALITY MITIGATION
Short-term Construction Impacts
2. During construction/ground disturbing activities, the applicant shall implement the following
particulate (dust) control measures. These measures shall be shown on grading and building
plans. In addition, the contractor shall designate a person or persons to monitor the dust
control program and to order increased watering, as necessary, to prevent transport of dust
off site. Their duties shall include holiday and weekend periods when work may not be in
progress. The name and telephone number of such persons shall be provided to the City
Public Works Department prior to commencement of construction.
a. Reduce the amount of disturbed area where possible.
b. Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust
from leaving the site. Increased watering frequency will be required whenever wind
speeds exceed 15 mph. Reclaimed (non - potable) water should be used whenever
possible.
C. Dirt stock pile areas (if any) should be sprayed daily as needed.
d. All areas disturbed by construction shall be re- vegetated with plant materials to the
approval of the City Biologist and Department of Fish & Game.
e. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved
surface at the construction site.
f. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should
maintain at least two feet of freeboard (minimum vertical distance between top of
load and top of trailer) in accordance with California Vehicle Code Section 23114.
Resolution No. 10157 (201 series) O
Page 4
• Monitoring Program
Community Development Department staff will insure that project plans incorporate the
mitigation measures. City Engineering staff will inspect the construction operations to verify
conformance with specifications and mitigations.
BIOLOGICAL RESOURCES MITIGATION
Vegetation, CRF, and South - central California steelhead
3. All staging work will be in clearly designated and flagged areas from the proposed alignment
and previously disturbed areas to avoid inadvertent disturbance of existing riparian
vegetation or damage to associated root systems of trees. Any new proposed staging area will
be first inspected by the City biologist or other qualified monitor (MR 1).
4. Prior to commencement of construction, the City biologist or qualified biological monitor
will clearly mark with visible flagging the extent of the work area in sensitive sites (e.g., near
the top of the creek banks or riparian vegetation, and ensure that no trees are impacted other
than those shown on plans to be removed. to accommodate bridge construction) (MR 2).
5. Exclusionary fencing will be installed around the work area on either side of the top of bank
when working near Prefumo Creek. This will serve to keep animals out of the worksite and
keep material from leaving the site (MR 3).
6. All areas of disturbed soil will be stabilized to prevent erosion (MR 4).
7. Heavy construction equipment shall be restricted to the project area or established staging
areas (MR 5).
8. If willows are removed during the project, they will be replanted at a 2:1 ratio or as specified
in the CDFG permit. The willows shall be installed from cuttings of the adjacent, unaffected
willows; or if feasible, cuttings will be directly installed from willows that need to be
trimmed for bridge installation (i.e., trimmings will be planted near the work area
immediately after they are removed). The replanting will occur in the open, exposed area of
the floodplain immediately upstream of the bridge crossing. The willows will be monitored
and maintained until successfully established (MR 6).
9. Pre - Activity surveys for Steelhead trout, California Red - legged Frog, nesting birds, and
sensitive plants will be completed. A reference site will be examined for appropriate
comparison.
Nesting Birds
9. if possible, the project should be completed without removal /trimming of willows. If willow
removal /trimming is necessary it should be conducted in late winter (September — January)
Resolution No. 10157 (201 u-S'eries)
Page 5
prior to the arrival of spring migrant birds. Doing so will minimize the potential for impacts
to nesting sensitive bird species during the spring and summer. Prior to such trimming, a
qualified biologist shall inspect such willows to ensure that nesting birds, or other species,
will not be directly and adversely affected by the activity. In accordance with the Migratory
Bird Treaty Act, the U.S. Fish and Wildlife Service will be notified if a nest, egg, or nesting
will be affected (MR 7).
10. Prior to construction, a qualified biologist shall be retained to conduct a pre - construction
survey (approximately one week prior to construction) to determine presence /absence of
nesting birds within the project area. If no breeding or nesting activities are detected near the
proposed work areas, construction activities may proceed. (MR 8).
11. A qualified biologist, with experience in Bell's vireo surveys will conduct nesting bird,
and/or presence /absence surveys along the project alignment and in the riparian corridor one
week prior to construction (MR 9).
12. Construction near or adjacent to the riparian corridor will be conducted to minimize
disturbance to any birds that may still be nesting in the area as an additional precautionary
measure 9MR 10).
Erosion Control
13. Restore all previously vegetated areas that are cleared during project activities through
revegetation with appropriate seed mix. If necessary, irrigate to establish a ground cover
prior to onset of the wet season. Silt fencing should be installed around any disturbed area
located less than 23 feet from the main channel of Prefumo Creek. The City biologist or other
qualified monitor will ensure erosion control measures are intact and functioning properly
during winter (MR 11).
14. All earth disturbing construction will occur in the typical dry season (April 15 to October 15)
(MR l2).
Noise, Dust, and General
15. The work area will not be expanded into the adjacent riparian community. The City biologist
or other biological monitor will clearly mark the boundaries of the proposed work area prior
to and during construction using highly visible flagging or fencing. All construction
personnel will be advised to conduct work activities within the defined work area only (MR
13).
16. Best Management Practices (BMP's) to control dust will entail use of a water truck on -site
during the excavation of the abutments. Should material need to be removed from the site via
trucks, covers on the trucks would further prevent fugitive dust from leaving the site or being
blown out along travel routes. Since the staging area at the Windemere location can be
reached by pre- existing asphalt surfaces, a stabilized entrance would not be required.
However, the Vista Lago Park entrance /exit is not paved. Plywood sheets shall be laid down
Resolution No. 10157 (201 U eries) O
Page 6
to prevent tracking of dirt and/or mud out of the project area. A new trail connector will be
installed at the Vista Lago Park location. This may allow for vehicles to be driven across the
grass during excavation of the north abutment (MR 14).
17. Work hours will be limited from 7:00 a.m. to 5:00 p.m. to reduce noise impacts to
surrounding neighborhoods (MR 15).
• Monitoring Program (Mitigation Measures 3 -17)
City Engineering staff will inspect the construction operations daily to verify conformance
with specifications and mitigations. The Natural Resources Manager will conduct periodic
spot -check inspections to verify conformance with specifications and mitigations. A
qualified Monitoring Biologist will be retained during work which could affect sensitive
habitat. The Monitoring Biologist will inspect the work site each day, coordinate compliance
with biological mitigation requirements, and prepare a daily log to document the presence or
absence of any sensitive species and actions taken.
CULTURAL RESOURCES MITIGATION
18. If excavations encounter significant paleontological resources, archaeological resources or
cultural materials, then construction activities that may affect them shall cease until the
extent of the resource is determined and the Community Development Director approves
appropriate protective measures. The Community Development Director shall be notified of
the extent and location of discovered materials so that a qualified archaeologist may record
them.
19. If pre- historic Native American artifacts are encountered, a Native American monitor should
be called in to work with the archaeologist to document and remove the items. Disposition
of artifacts shall comply with state and federal laws. A note concerning this requirement
shall be included on the grading and construction plans for the project.
• Monitoring Program
Requirements for cultural resource mitigation shall be clearly noted on all plans for project
grading and construction.
GEOLOGY AND SOILS MITIGATION
20. Grading and construction of the bridge and other improvements shall be, designed and
performed in compliance with the submitted foundation report.
• Monitoring Program
Community Development and Public Works staff shall review plans to assure that the
recommendations of the foundation report are incorporated into plans.
Resolution No. 10157 (2011U Series)
Page 7
21. Hazardous materials transfers, fueling, and other use of chemicals shall be restricted to
staging areas away from the project site.
o Monitoring Program
City Engineering staff will inspect the construction operations daily to verify conformance
with specifications and mitigations.
HYDROLOGY AND WATER QUALITY MITIGATION
Avoidance and Minimization Measures for Impacts to CRF from the Programmatic
Agreement between the Federal Highway Administration and USFWS (1- 8- 02 -F -68)
(Only the measures pertinent to the project are listed below).
22. Only Service - approved biologists will participate in activities associated with the capture,
handling, and monitoring of California Red - legged Frogs.
23. Ground disturbance will not begin until written approval is received from the Service that the
biologist is qualified to conduct the work.
24. A Service- approved biologist will survey the project site 48 -hours before the onset of work
activities. If any life stage of the California red - legged frog is found and these individuals are
likely to be killed or injured by work activities, the approved biologist will be allowed
sufficient time to move them from the site before work activities begin. The Service -
approved biologist will re- locate the California red - legged frogs the shortest distance
possible to a location that contains suitable habitat and will not be affected by the activities
associated with the proposed project. The Service - approved biologist will maintain detailed
records of any individuals that are moved (e.g. size, coloration, any distinguishing features,
photographs, [digital preferred]) to assist him or her in determining whether trarnslocated
animals are returning to the original point of capture.
25. Before any activities begin on a project, a Service- approved biologist will conduct a training
session for all construction personnel. At a minimum, the training will include a description
of the California red - legged frog and its habitat, the specific measures that are being
implemented to conserve the California red - legged frog for the current project, and the
boundaries with -in which the project may be accomplished. Brochures, books and briefings
may be used in the training session, provided that a qualified person is on hand to answer any
questions.
26. A Service - approved biologist will be present at the work -site until all California red- legged
frogs have been removed, workers have been instructed, and disturbance of habitat has been
completed. After this time, the state or local sponsoring agency will designate a person to
monitor on -site compliance with all minimization measures. The Service - approved biologist
will ensure that this monitor received the training outlined in measure 4 and in the
identification of California red - legged frogs. If the monitor or the Service - approved biologist
recommends that work be stopped because California red - legged frogs would be affected to a
Resolution No. 10157 (201 U series) -
Page 8
degree that exceeds the levels anticipated by the Federal Highways Administration and
Service during review of the proposed action, they will notify the resident engineer (the
engineer that is directly overseeing and in command of construction activities) immediately.
The resident engineer will either resolve the situation by eliminating the effect immediately
or require that all actions which are causing these effects be halted. If work is stopped, the
Service will be notified as soon as is reasonably possible.
27. During project activities, all trash that may attract predators will be properly contained,
removed from the work site, and disposed of on a daily basis. Following construction, all
trash and construction debris will be removed from work areas.
28. All refueling, maintenance, and staging of equipment and vehicles will occur at least 60 -feet
from riparian habitat or water bodies and not in a location from where the spill would drain
directly toward aquatic habitat. The monitor will ensure contamination of habitat does not
occur during such operations. Prior to the onset of work, the Federal Highway
Administration will ensure that a plan is in place for prompt and effective response to any
accidental spills. All workers will be informed of the importance of preventing spills and of
the appropriate measures to take should a spill occur.
29. The number of access routes, size of the staging areas, and the total area of the activity will
be limited to the minimum necessary to achieve the proposed project goal. Environmentally
sensitive areas will be established to confine access routes and construction areas to the
minimum area necessary to complete construction, and minimize the impacts to California
Red - legged Frog habitat; this goal includes locating access routes and construction areas
outside of wetlands and riparian areas to the maximum extent possible.
30. To control sedimentation during and after this project implementation, the Federal Highway
Administration and sponsoring agencies will implement best management practices outlined
in the authorizations or permits, issued under the authorities of the Clean Water Act that it
receives for the specific project. If best management practices are ineffective, the Federal
Highway Administration will attempt to remedy the situation immediately, in consultation
with the Service.
• Monitoring Program
The Federal Highway Administration and sponsoring agencies will implement best
management practices outlined in the authorizations or permits, issued under the authorities
of the Clean Water Act that it receives for the specific project. Community Development and
Public Works staff shall review plans to assure that the best management practices are
incorporated into plans.
31. If the Community Development Director or hearing body determines that the above
mitigation measures are ineffective or physically infeasible, he may add, delete or modify the
mitigation to meet the intent of the original measures.
Resolution No. 10157 (2010 Series)
Page 9
SECTION 3. Action. The City Council does hereby deny the appeal of the Architectural
Review Commission's action, thereby granting final approval to the design for a proposed
bicycle and pedestrian path extending from Vista Lago to Oceanaire Drive including a bridge
over Prefumo Creek, subject to the following conditions:
Conditions:
The proposed lighting fixtures for the bridge shall be a different style to better complement
the aesthetics of the bridge and modified to comply with Mitigation Measure No. 1 and the
City's Night Sky Preservation standards. These fixtures and details shall be shown on plans
submitted for a building permit and shall be to the approval of the Public Works and
Community Development Department Directors.
2. The ultimate fencing detail selected for the edge of the bike path on the northeast side of the
Windemere Condominiums shall: 1) eliminate the sharp pickets at the top of the fence to
address safety concerns; and 2) maintain a minimal footprint so that the pathway can be as
wide as possible.
3. The design of the bridge shall be modified to include entry embellishments and a softer
appearance to the approval of the Public Works and Community Development Department
Directors. Roof elements were suggested as a design consideration, but not mandated.
4. Based on continuing negotiations with the Windemere Homeowners' Association Board,
modifications to the path design on the northern boundary of the Windemere condominium
development may be approved by the Community Development Director if the modifications
result in a wider path width at this location.
5. An evaluation of site lighting shall be conducted to determine the need to provide additional
lighting along the bicycle pathways to address safety and security issues to the approval of
the Community Development Director.
Upon motion of Council Member Marx, seconded by Council Member Ashbaugh, and on
the following vote:
AYES: Council Members Ashbaugh and Marx, and Vice Mayor Carter
NOES: Council Member Settle and Mayor Romero
ABSENT: None
0
Resolution No. 10157 (2010-�eries)
Page 10
The foregoing resolution was adopted this 16`h day of March 2010.
i
ATTEST:
Elaina Cano
City Clerk
APPROVED AS
,V. Christine Dietrick
City Attorney
C
RESOLUTION NO. 10156 (2010 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO
SUPPORTING THE CITY'S PARTICIPATION IN THE GOOGLE
FIBER FOR COMMUNITIES PROJECT
WHEREAS, Google has announced the intent to build and test ultra -high speed
broadband networks in one or more locations across the country; and
WHEREAS, this project would deliver Internet speeds more than 100 times faster than
what most Americans have access to today over one gigabit per second, fiber -to -the -home
connections; and
WHEREAS, participation in the project would benefit local businesses, public agencies
and citizens by providing high -speed Internet access; and
WHEREAS, Google is interested in deploying the fiber network quickly and efficiently,
and wants to work with communities where it can bring significant benefits to residents and
develop useful proofs -of- concept that can have a broader impact; and
WHEREAS, the Chamber of Commerce supports City participation in this project and is
spearheading individual applications in support of the City's participation.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that it hereby endorses participation in the Request.for Information (RFI) process to bring
the Google Fiber for Communities project to the City of San Luis Obispo and pledges to work
with Google to achieve the goal of deploying the network efficiently and quickly, and to this end,
grants authority to the City Manager to serve as the City's point of contact to coordinate
interactions with Google.
Upon motion of Council Member Ashbaugh, seconded by Council Member Marx, and on
the following vote:
AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and
Mayor Romero
NOES: None
ABSENT: None
R 10156
Resolution No. 10156 (201 u series)
Page 2
The foregoing resolution was adopted this 16`h day of March 2010.
F. Romero
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM:
J istine Dietrick
ity Attorney