HomeMy WebLinkAbout6525-6549RESOLUTION NO. 6549 (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING APPROVAL OF TENTATIVE TRACT NO. 1652
LOCATED AT 275 N. CHORRO STREET
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 vesting
tentative map of Tract 1652 and the Planning Commission's recommendations, staff
recommendations and reports thereon, makes the following findings:
The design of the tentative map and proposed improvements are consistent with the
general plan.
2. The site is physically suited for the type and density of development allowed in an
R -4 zone.
3. The design of the subdivision 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.
4. The design of the subdivision or the type of improvement will not conflict with
easement for access through (or use of property within) the proposed subdivision.
5. The proposed subdivision will not have a significant effect on the environment and
has been granted a negative declaration.
6. The project would have an adverse impact on public health, safety, and welfare
because of concerns with the amount of parking spaces provided, the adequacy of open
space and the preservation of trees, and there is no feasible way to mitigate or
avoid this adverse impact on public health, safety, or welfare except by reducing the
number of dwellings to 25.
SECTION 2. Conditions. That the approval of the vesting tentative map for Tract
1652 be subject to the following conditions:
Tract corners shall be set by a registered civil engineer or land surveyor.
2. A registered civil engineer or land surveyor shall certify that. the structures are
located correctly prior to release of structures for occupancy.
3. All lots shall be served by individual sewer, water and utilities. All new and
existing utilities within the tract shall be placed underground in easements to the
approval of the appropriate utility company and the City Engineer.
4. Final map shall show a 6 -foot public utilities easement and 10 -foot wide street tree
easement along the project's public street frontage.
R6549
0 0
Resolution No. 6549 (1988 Series)
Tract 1652
Page 2
5. Final map shall note entire common lot area as a blanket utility easement. acceptable
to the utility companies and City Engineer.
6. All on -site driveways, nonstructural parking improvements, and utilities shall be
installed as subdivision improvements.
7. Sewer and water mains shall be public and to city standards. Easements over the
mains and access to mains shall be to the approval of the City Engineer.
8. Subdivider shall install individual water services for each dwelling unit. Meters
shall be clustered in the public sidewalk to the approval of the Public Works
Department.
9. Subdivider shall install new sewer mains within the site to connect and discharge
into the existing manhole in North Chorro Street to the satisfaction of the Utilities
Department.
10. Subdivider shall submit finish floor elevations with final development plans to
determine whether sewer backwater valves will be necessary.
11. On -site drainage system shall be designed to the approval of the City Engineer and
Chief Building Official. If piped to Ferrini Street by the proposed storm drain
easement, a safe overflow must be constructed to the approval of the City Engineer.
12. All grading shall comply with the recommendations contained in the soils report
prepared for the property.
13. Subdivider shall pay water and sewer charges and park in -lieu fees as calculated by
the City Engineer prior to final -map approval.
14. Subdivider shall install one street tree per 35 feet of property frontage to city
standards to the approval of the Public Works Department.
15. Subdivider shall install an on -site hydrant to the approval of the City Fire
Department. The required hydrant shall be connected to an existing 18 -inch water
main in North Chorro Street.
16. Subdivider shall provide and the homeowners' association shall maintain appropriate
"no parking" signs and red - curbing along interior roadways as required by the City
Fire Department.
17. Subdivider shall install automatic fire sprinkler systems in all buildings.
18. Subdivider shall prepare conditions, covenants, and restrictions (CC &R's) to be
approved by the City Attorney and Community Development Director prior to final map
approval. CC &R's shall contain the following provisions:
0 0
Resolution No. 6549 (1988 Series)
Tract 1652
Page 3
a. Creation of a homeowners' association to enforce the CC &R's and provide for
professional, perpetual maintenance of all common area including private
driveways, drainage, parking lot area, walls and fences, lighting, and
landscaping in a first class condition.
b. Grant to the city the right to maintain common area if the homeowners'
association fails to perform, and to assess the homeowners' association for
expenses incurred, and the right of the city to inspect the site at mutually
agreed times to assure conditions of CC &R's and final map are being met.
C. No parking except in approved, designated spaces.
d. Grant to the city the right to tow away vehicles on a complaint basis which are
parked in unauthorized places.
e. Prohibition of storage or other uses which would conflict with the use of
garages for parking purposes.
f. No outdoor storage of boats, campers, motorhomes, or trailers nor long -term
storage of inoperable vehicles.
g. No outdoor storage by individual units except in designated storage areas.
h. No change in city- required provisions of the CC &R's without prior City Council
approval.
i. 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.
19. All units shall be numbered in accordance with an addressing plan approved by the
Community Development Department.
20. Subdivider shall install a unit identification plan with directory at each of the
project entrances to the approval of the Community Development Department staff.
21. Subdivider shall submit plans showing proposed collector locations for solar water
heating and a detail on collector types to the approval of the Architectural Review
Commission.
22. All garages shall be equipped with automatic garage door openers and occupants shall
be provided two remote - control units.
23. Subdivider must erect protective fencing around all trees to be retained to the
satisfaction of the City Arborist.
24. Subdivider must post a tree preservation bond in an amount determined by the City
Arborist.
0 0
Resolution No. 6549(1988 Series)
Tract 1652
Page. 4
25. Subdivider shall provide required motorcycle and bicycle spaces to the approval of
the Architectural Review Commission.
26. Subdivider shall repair existing curb, gutter, and sidewalk to the satisfaction of
the City Engineer. All modifications to the existing frontage will require a curb,
gutter, and sidewalk permit from the Public Works Department.
27. The number of project lots shall be reduced from 26 to 25.
On motion of Councilman Settle ,seconded by Councilwoman Rappa
and on the following roll call vote:
AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 6th day of December
1988.
Mayor Ron Dunin
ATTEST:
I
City Clerk Pan ges
APPROVED:
City Administrative Officer
— 4—�
City orney
Community Development Director
�� ! f
�i�����
���
/`-
• 1®
RESOLUTION NO. 6548 (1988 SERIES)
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO DENYING AN APPEAL OF THE SUBDIVISION HEARING OFFICER'S
ACTION TO APPROVE THE TENTATIVE PARCEL MAP FOR MINOR
SUBDIVISION 88 -184 LOCATED AT 1640 PHILLIPS LANE
WHEREAS, the Subdivision Hearing Officer approved the tentative
map for Minor Subdivision 88 -184 on October 17, 1988, after
conducting a public hearing on August 14, 1988; and
WHEREAS, on October 27, 1988, appellant filed an appeal
requesting that the council deny the tentative map; and
WHEREAS, on December 6, 1988, the City Council conducted a duly
noticed public hearing to consider the testimony of the appellant and
other interested parties.
NOW, THEREFORE, the council of the City of San Luis Obispo denies
the appeal and takes an action to approve the tentative map for Minor
Subdivision 88 -.184, subject to the following findings and conditions:
SECTION 1. Findinds:
1. The design of the minor subdivision and proposed improvements are
consistent with the general plan.
2. The site is physically suited for the type and density of
development allowed in the R -1 zone.
3. The design of the minor subdivision 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.
4. The design of the minor subdivision or the type of improvement
will not conflict with easement for access through or use of
property within the proposed subdivision.
5. The Community Development Director has determined that the
proposed minor subdivision will not have a significant effect on
the environment and has granted a negative declaration.
R6548
0 0
Resolution No. 6548 (1988 Series)
Minor Subdivision 88 -184
Page 2
6. The improvements described in Condition 4 below are necessary for
the protection of public safety.
SECTION 2. Conditions
1. Subdivider shall submit a final map to the city for review,
approval and recordation.
2. The final map shall note the existence of a fire flow deficiency,
and the requirement for alternative fire suppression devices to
meet requirements of the city's Fire Prevention Regulations for
new construction on either lot.
3. The existing structure on Parcel A shall be modified to comply
with setback requirements of city Zoning Regulations prior to
final map approval, to the satisfaction of the Community
Development Director.
4. Subdivider shall replace the 4 -inch water main serving the fire
hydrant at the corner of Phillips Lane and Grove Street with a
6 -inch water main prior to final map approval or prior to
issuance of any building permit allowing new construction on
either Parcel A or Parcel B, to the satisfaction of the City
Engineer.
SECTION 3. Code Requirements
1. Separate utilities shall be provided for each parcel, to the
approval of the Public Works Department.
2. Street trees shall be planted for every 35 feet of street
frontage, to the satisfaction of the City Arborist.
3. Park -in -lieu fees shall be paid for one additional parcel, as
determined by the Community Development Department.
4. New sidewalk shall be installed to the satisfaction of the City
Engineer.
5. Water acreage fees shall be paid for Parcel. B prior to final map
approval. Fees shall be determined by the Utilities Department.
On motion of Councilwoman Pinard , seconded
by Cnnnrilmnn RPiss , and on the following roll call vote:
Resolution No. 6548 (1988 Series)
Minor Subdivision 88 -184
Page 3
AYES: Councilmembers Pinard, Reiss, Rappa and Mayor Dunin
NOES: Councilman Settle
ABSENT: None
the foregoing document was passed and adopted this 6th day
of December 1988,
ayor on unin
ATTEST:
i
i
L
City Cle vk Pam Voges
APPROVED:
y Adm istrative officer
City Attp rney
Community Development Director
�� � �
����
���
A����
• •
RESOLUTION NO. 6547 (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING FORM OF AGREEMENTS BETWEEN THE CITY AND
INDIVIDUALS LEASING SPACE IN PARKING LOT NUMBER 2.
FOR THE PLACEMENT OF GARBAGE CONTAINERS.
WHEREAS, the Council of the City of San Luis Obispo has considered the
condition of Garden Alley and;
WHEREAS, the businesses backing onto the ,Alley have no on -site place
outside their buildings to store trash and garbcge awaiting pickup by the
garbage company and;
WHEREAS, the existing situation of allowing placement of dumpsters and
waste wheelers in the alley and in the city parking lot results in
disruption to the alley through blockage, and waste and garbage are
littering the alley and parking lot and;
WHEREAS, the City wishes to be a good neighbor and;
WHEREAS, the City wishes to be able to identify the users of the City
property and hold them accountable for the conditions that result from
their usage of it,
NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
1. The City hereby approves the form of the lease which may be executed
with any owner or business abutting Garden Alley for the placement of
garbage containers upon Parking Lot number 2.
2. The Public Works Director is hereby authorized to sign the leases for
the City and to represent the City in managing the leases.
3. The City Clerk shall furnish a copy of this resolution and a copy of
all executed leases to
City Finance Director, and the Director of Public Works.
R6547
Resolution No. 6541988 Series)
Page 2
On motion of Councilman Settle , seconded by Councilwoman Rappa
and on the following roll call vote:
AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 6th day of
December 1988.
OR on Dunin
ATTEST:
2"� � ;'Xl�
CITY CV-ERK Pam Vo
APPROVED:
%-i
City A ninistrative Officer
City At44rney
inance Director
Public Works Director
PW
0
LEASE AGREEEMENT
GARBAGE CONTAINERS IN PARKING LOT 2
This lease, made and executed this day of , 1988, is
by and between the CITY OF SAN LUIS OBISPO,' a municipal corporation,
hereinafter referred to as "City" and
hereinafter referred to as "Lessee ".
WITNESETH:
The City hereby leases to Lessee a location for placement of garbage
and trash containers only and on the following terms and conditions:
1. The lease shall be for five years, commencing
and terminating on
2. The City and Lessee agree that the rental shall be $15 per month
for storage of dumpsters, or $10 per month for storage of not more than
one waste wheeler container. Payments to be made quarterly anal in
advance.
3. The area to be leased is within City -owned Parking Lot number 2
which lies between Garden Alley and Marsh Street and adjacent to Broad
Street in the City of San Luis Obispo, California, and which is more
specifically shown on attached exhibit "A ".
4. Lessee agrees to place a container only in the area in the parking
lot which has been approved by the City Public Works Department and which
is shown on Exhibit "A" and further agrees to install improvements as
determined by the City. The improvements shall be adequate to contain the
garbage container to its specific spot.
5. Only containers provided by the garbage company may be used to
contain trash and garbage within the area leased from the City. Each
container must have an identification marking placed upon it indicating
the address of the business using the container.
6. The Lessee agrees to have no more than one trash container within
the leased area.
7. The City may group the containers of more than one lessee.
S. The Lessee agrees to be responsible to maintain the area around
the garbage container and the area between the garbage container and the
rear of the lessee's building in a clean, trash -free condition at all
times. All trash is to be maintained within the containers and the
container is to be maintained free of odors.
9. The City, at its option, may install trash enclosures in locations
which do not interfere with the City's operation of its property for
parking purposes. Should the City install trash enclosures, this
agreement shall be terminated if the City is unable to negotiate a lease
which allows the City to recover its expenses over a reasonable period of
time.
10. This lease may be terminated by either party with 90 days notice
providing that at the end of the notice period the Lessee's container
shall be removed and the City's property left in a clean condition.
11. Lessee shall provide the Director of Public Works with the name
and phone number of the person responsible to maintain the leased area and
as required in section 8 above.
12. This lease shall not be assignable without written approval of the
City.
13. Lessee hereby waives all claims against City for•domages to either
persons or property, his agents, his employees, or third persons in or
about the area, from any cause arising at any time, and Lessee further
agrees to indemnify and hold City harmless from any damages or injuries to
any person or property arising or alleged to arise from the use of the
area by Lessee.
,
i
i
14. Written notice under this agreement, may be given by either party
to the other, and shall be effective upon its deposit in the U.S. Mail
addressed to the other party at the address below:
City: City Clerk
City Hall
990 Palm Street
P.O. Box 8100
San Luis Obispo, Co. 93403 -8100
Lessee:
IN WITNESS WHEREOF, the parties hereto execute this lease in
duplicate, on the date first written above.
LESSEE:.
By
By —
LESSOR:
By
APPROVED:
City Administrative Officer
City Attorney
Finance Director
Public Works Director
gardenlease /n /wp
E
RESOLUTION NO. 6546 (1988 SERIES)
0
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT NO. 1509
(McVAY, FONTE, LOMBARDI - SUBDIVIDERS),
WHEREAS, the City Council made certain findings concerning Tract 1509
as contained in Resolution No. 6279 (1988 Series), and
WHEREAS, all conditions required per Resolution No. 6279 (1988 Series)
have been met or are guaranteed with cash deposits in the amounts of
$6,000 and $3,000 for Faithful Performance and Labor & Materials,
respectively.
NOW THEREFORE BE IT RESOLVED that final map approval is hereby granted
for Tract No. 1509. The Mayor is authorized to execute the Common
Driveway Agreement.
On motion of Councilman-Settle , seconded by Councilwoman Rappa,
and on the following roll call vote:
AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 6th day of
December 1988.
geg -- ®�
MAYOR Ron Dunin
ATTEST: Q b
CITY C 4RK Pam Voges
R6546
0 •
Resolution No. 6546 (1988 Series)
Page Two.
APPROVED:
City A ninistrative Officer
ity En ineer
Community Development Director
APPROVED AS TO FORM:
City Dorney ZI
N /jktl509
j
6v
GUARANTEE
to
City of San Luis Obispo
0
I, the undersigned, hereby place on deposit with the City of San Luis Obispo,
vio tal-G , Gt�l /�S
Faithful Performance and Labor & Materials "bonds" CQAIRA1lA.-I #sZe?51
in favor of the City of San Luis Obispo in the amount of $6,000.00 and
$3,000..00 respectively, required under Government Code 66462 and 66499, to
guarantee the completion of subdivision improvements per city approved plans,
consisting of adjusting and completing water and sewer valves, manholes,
laterals, utilities, street light, signs, pavement, etc. for Tract 1509 at
2576 Johnson Avenue. In the event I fail to install said improvements within
90 days from this date, the City is hereby authorized to use any or all of
the proceeds of said bonds as necessary to complete such construction. In
the event the City has to proceed with said completion and the lowest
responsible bid exceeds the deposit, then I agree to deposit such additional
funds within thirty (30) days after written notice thereof.
PROPERTY OWNER = SUBDI.VIDER
Vince t S. Fonte cay
Alan J. V
a, ).e. / 49 �4_l.
obert D. Lombardi
APPROVED:
City of Son Luis Obispo
Date: �!/) A/
hb6/t1509 -bonds
by
6 07471000 $9000400
FEE AND BOND LIST - TRACT 1509
Bonds to complete work for combined project:
Faithful Performance
Labor & Materials
Total Cash Bond
Fees:
Pork -in -lieu fee
Water acreage & frontage
Total:
hb5 /15O9fees
by
$ 6,000.00
3,000.00
$ 9,000.00 NIP C#-%q l/8/B8
600 - U10- 220 -130
$14,000.00
5,306.05.
$19,306.05 04fP CMi''f f�9 /BB
RECE# OF NOTICE ly�4111vrlWlllvel 54
OF ASSIGNMENT,
ASSIGNMENT
SECURI'T'Y FOR: Vincent S..FontJ. McVay hereinafter
called ASSIGNOR whose principal place of business is 890 Osos Street
San L;uis.Obispo, California (Street)
(City) do (does) hereby assign, and
set over to the City of San Luis Obispo., all right, title, and interest of
whatever nature, of assignor, in and to the insured account of assignor in
the Home Federal Savings evidenced by a
(Name of Financial Institution)
Certificate of Deposit in the amount of $ _14,000.00
numbered 1569- 2865 -7 , which is delivered to the City of San Luis Obispo
herewith. Assignor agrees that this assignment carries with it the right in the
insurance of the account by the Federal ..Deposit Insurance
Corporation, and includes and gives the right to th6 City of San Luis Obispo to
redeem, collect and withdraw the full amount of such account at any time WITHOUT
NOTICE TO ASSIGNOR._ This assignment is given as security for liability for
Subdivision Imorovements Tract 1509 and MSS 87 -�� City of S T3 i c nl i spa
including interest and penalties, and to insure compliance with the applicable
part or parts of the San Luis Obispo Municipal Code.
Assignor hereby notifies the above -named financial institution of this
assignment.
DA NTovember 7, 1988
T
(Si ature) �, ;(Signature)
RECEIPT FOR NOTICE OF ASSIGNMENT
Receipt is hereby acknowledged to the City of San Luis Obispo of written
notice of the assignment to said City of the account and 1569- 2865 -7
identified above. we have noted in our records the City's interest in said
account as shown by the above assignment and have retained a copy of this sheet.
We certify that this account is fully insured by the Federal Savings
Insurance Corporation and that we have received no notice of any 1 n,
encumbrance, hold, claim, or obligation of the above- identified account prior to
the assignment to the City of San Luis Obispo. We .agree to make payment to the
City of San Luis Obispo upon request in accordance with the laws applicable to
this financial institution.
DATED: November 7, 1988
Home Federal Savings & Loan Assoc. 305 Madonna Rd San Luis 1
(Name of Financial - Institution) (Street) (City)
By K thl a Alarcbn PerGnnal Finanr;al Rep
(Name and Title of Officef)
RECEIPT FOR NoTtc pF A55(C)►JME #jT G ZD
AND DIRECTION TO PAY EARNINGS'
Receipt is acknowledged of the above assignment and the ��/tTiFicirr� yr
JFfcsi7- identified in the above assignment. Ttie financial
institution named in the above assignment is hereby authorized and directed to pay
any earnings on the above identified account to the above- named assignor.
DATED:
By
TO SUFFICI
AS TO FORM
CITY OF SAN LUIS OB
B�
Attor
[ Prir
Recording Requ::.ted By:
When Recorded, Mail To:
City Engineer
.City of San Luis Obispo
P. 0. Box 321
San Luis Obispo, CA 93406
AGREEMENT. CREATING EASEMENT FOR
COMMON DRIVEWAY
APX! 03--7-71 -10
This Agreement is entered into between the CITY OF SAN LUIS OBISPO,
a Municipal Corporation (hereafter referred to as "City ") and
Vincent S. Fonte, Marianne Fonte,
Dale McVay, Alan McVay, Robert Lombardi (hereinafter referred to
as "Owner ") with reference to the following facts:
A. Owner owns the following described real property situated in the
City of San Luis pbispo, County of San Luis Obispo, State of California,
to wit: Lots 7 and 8, Tract 1509, according to a map
recorded 19 in Book at
Page of Maps in the office of the County Recorder
of said County.
B. Owner desires to construct residences on each of said lots, and,
C. City, as a condition of said development, requires the creation
of.a common driveway easement to serve said lots, for the benefit of each
of them, and for the benefit of Owner.
The parties hereto agree as follows:
1. Owner hereby dedicates an easement for a common driveway
over said property and as shown on Map of Tract 1509 for the
use and benefit of all of said lots.
2. Owner and his heirs, and assigns hereby agree to comply with
the following terms and conditions:
(a) The owners of lots 7 and 8 , their heirs and
assigns will be jointly responsible to improve, maintain and keep in
repair said driveway.
(b) .Prohibit all parking on the common access portions.
(c) Owners agree jointly and individually to reimburse the
City of San Luis Obispo for all costs connected with the removal of
vehicles from the common access portions, and will reimburse the City for,
and hold the City harmless from, all final judgments against the City
for damages or other liability arising from the enforcement of the aforesaid
prohibition against parking.
(d) Owner understands that the City cannot regulate vehicle
usage.or hazards upon said common access driveway and agree jointly and
individually, to defend and hold the City harmless from all claims for
damages or liability arising from the alleged failure of the City to
regulate vehicles or to provide protection from hazards upon said driveway.
(e) Repair any portion of said driveway that is damaged through
the intentional or negligent acts of said party, or parties, or his or
their licensees and invitees.
3. The parties agree that this easement is superior and paramount
to the rights of any of the parties in the respective servient estates
so created, and that it is a covenant running with the land.
U OWNER:
ent S,. Fon
STATE OF CALIFORNIA ss. Robert Lombardi
COUNTY OF SAN LUIS OBISPO)
On 1k0Q, �C{(� before me, the undersigned, a Notary
Public in and for said County and State, personally appeared
known to me to be the
person(s) who executed the within instrument, and acknowledged to me that
they executed it.
OFF[CIAL.SEAI,
�►'`/ (�/►►�^V
KATHLEEN REDDEN
NOTARY PUBLIC •CALIFORNIA
SAN LUIS OBISPO COUNTY
My Comm. Eapims July 26, 1991
APPROVED: City of San Luis Obispo
Mayor —
e: _
ATTEST:
V
Pam Voges, City erk
E
1
~ " 'STATE OF CALIFORNIA )
ss.
COUNTY OF SAN LUIS OBISPO),
On �� ..$� �Q� , before me, the undersigned, a Notary
Public,in and'for said'County and State, personally appeared
.U1 :_6y.. nd Vur'IGme FOU) - , known to to be the
person(s) who executed the within instrument and acknowledged to me that
they
executed it.
OFFICIAL SEAL
KATHLEEN REDDEN
-' NOTARY PUBLIC • CALIFORNIA
SAN LUIS OBISPO COUNTY
- - - • - •• My Comm. Eeplma July 26.1991
STATE of CALIFORNIA )
as.
COUNTY OF SAN LUIS OBISPO).
On k1W 9 IQh 9) .
before me, the undersig.. ned, a Notary
Public in and for said County and State, personally appeared
�1 'known tome to be the
person(s)'who executed the within instrument, and acknowledged to me that
he executed it.
/Jim �- Gj Ct�l��l/� oFF[CtAL sEAt
KATHLEEN REDDEN
NOTARY PUBLIC • CALIFORNIA
SAN LUIS o &SPO COUNTY
My Cm - EIPWO July 2e. 1991
SAVINGS CERTIFICATE ` xori 15;9,?
,VNT SWNMAR W
r � INZ apvp`
Central Coast Plaz 156
Account Na IS6grtp028� Nov. 7, 1988
% Wtr, d IS s"ti"r
Aeeppmhnlde, �E1Cent S Conte or r antic orate
an c ay or
opening Balances 33T.—TI-19 9
Initial Matutily Oxe
Rx^jITTC an %Oe. annum 1 year
Subject b Change at Renewal Renewal Term
F?mmgs CakuWion: lo
O
OCptpowded Wily Forfeiture daysminaolurdividends
❑ Simple imewu (Earnings will be transferred to another xcwm w mxted to the auoumholderl
r1 500.00 Automatic Removal (See Secto t al
A4nartrom Balance ReRwremetn S F
Nov. 30 1988 Additional deposits arc Tro allowed on this account
EarningsD iththepn Wln Begin uni f sad Nov. 7, 1989
thereafter with the au distribution on the final maturity dace.
2. GENE RAE SECTION ....ere "a^ ut m, maid
This cendec that The ACcwniholder holds a savor
hereon in "Cone Federal Savor and Rs ace wnt with tht•Opammg Nalance and torch" Initial term eapinng on the lnnwl Maturny Wernlrown ,
S. EARNINGS SECTION Iw ^AnsKWRM
Earnings accrue Train thedale Of depuM tO the date d withdrawal Of maturty Thr account wdl xrrw•rarmngs bald u /ion the tarnmgs Calcu4tyM and The
Rate 01 Earnings through the iaitwlAUmray Dacron shuwn m the Acco aca Summary abpu� �e. provided the account fiance n not reduced belmy IlnrMinimum
IaleKecoun oldv. Iltly xcwmbalarre nradwMba•Nrw the Minimum Balance nayYlrrrnant.the•ccnunc will be closer! and The funds will hedisbuned
to the accountholder.
a. AUTOMATIC RENEWAL SECTION 41 or
This acCwm shall be auteMabeollY renewed ear another scan
rM this class d account x the Clow d business on the Inuwl ALWr ty age Of Darrw tu,,il lV dale rocently epaN,shed talc shoe Asurcwtrnn n then paying
doll" grace period refern d co m SevUUn 5 y Jay Renewal Tavm unlrn I I ....... hdrawn within the'.
I+eteo(ai QI at Tau IS dais Id the term of In,, xeuunt to more than ale Inn ilMl m at Test 10 days lot the Iran of din
xcoum n sit mondM ra kss) be"Ote a mnaancy dote the A
e am r a%orfor angiveseructnm1TYto Ihw ACCOYnllrpidel that this "amp "our based method SA forth in Section 2aM /w for array Other u•rminl wet lnnh in this certificate in such Joiner circa, upon rmoduntltthea co tit
will rich" be renewed n such 'we ofNrningsand /or(at such Writer livmislas net torah in uul wigtennaiiCe.ai corwenrd too pon macurnythexcoum
and Weise earnings x the rate then (said on Regulac Rat" ravings "counts Regular Rah• stings xcwm
S. FORFEITURE SECTION
EaceptasdhavwiseProvided herein in Nteefiem O(xsywithdrawal of wiKipol from thnaccount prior to the marunty date. the Accwniholdri shah fodett the
amwm statadaboye in Section I whether earned or Kit on the x.rount wdhdrawn x the rromuyl lsimplvi interest rate IwMg paid on tlw xcwm. rrgardles>
d the length dome the funds wghdnwn have remained in the accrwm.
The
cc fodeitune ptestrdnad herein will na be imprned tai the wnlulrawol M IMKga1 IMtiwvm
Accountholder. g the denh or adtrdrxaM w no on wvavey ran airy
Arm, withdrawal which re'du[es Inc Xtwni balance InWM
wandrawald the Mire mcurrm baaKe and shall be chi Mrmmum HaUm a ReVwret"M w any ndwswn ,n the satin shall It, coM,drrd as o
�r^'nlperMiledtothisaccwm nay he withdraw, x,cf, Ooewar na�lossw riuc+rnlRd nen4n.
arrow raseandyai irrm. rK, a,e N worn rmrrea hecurneti prrrrcrpol prier tM• entotrlrnlwccpn ( d a
Ilthexcwm ra oMpdMRM Thereof nwithdrown mg Inn• than F W
date darrthdrawal wnlRAd lar/imairm re Section aAl, nanrrama acs Y date, rmmngs nhJtl he pad at the Rare M Earnings abouior rt catch to the•
In the carom nrrrssary To' "'ply with t/R.e rocKiwomcnts. Mdw hrMS shall N. mark Oran "" "ra""a - 'INI wit m The rem.r,rwng Xrrwint halarw c
THIS ACCOUNT IS NOT TRANSFERABLE EXCEPT ON THE BOORS OF THE ASSOCIATION
`rw San Dace New Islarurty [)an. 1nh +aV Rua' Naam tvt Near Stan Wlr 6IIrv11mw6
�'rN�(trp51
•
0
RESOLUTION NO. 6545 (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AMENDMENT NO.2
TO THE SOUTH COUNTY AREA TRANSIT
JOINT POWERS AGREEMENT
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That Amendment-No. 2, marked Exhibit "A" and incorporated herein
by this reference, is approved and the Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish executed copies of the resolution and
amendment to: City Manager Arnold Dowdy, City of Grover City, 154 South 8th Street,
Grover City, California, 93433.
On motion of Councilman Sett1Q seconded by Councilwoman Rappa
and on the following roll call vote:
AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin
NOES: None
ABSENT:: None
the foregoing Resolution was passed and adopted this6thday of December
1988.
ayor on Dunin
ATTEST:
City C1 rk Pamela Voges
APPROVED:
City Ad inistrative Officer
City A
R6545
rl
Gib n,- C . �j,- . ,
t
Amendment No. 2 to Joint Powers Agreement
South'County Area Transit.,
The CITY OF ARROYO GRANDE, the CITY OF GROVER CITY, the CITY OF
PISMO BEACH, the CITY OF SAN LUIS OBISPO, and the COUNTY OF SAN LUIS
OBISPO agree that:
" — .,..-WHEREAS, on.feF bruary_1,.1978, the City of Arroyo Grande, the City ...
of Grover City, the City of Pismo Beach, and the County of San Luis
Obispo entered into a Joint Powers Agreement, a copy of which is
attached and incorporated by this reference; and
WHEREAS, the parties in Amendment No. 1, dated February 19, 1988,
did authorize that,the agreement be amended to add the City of San Luis
Obispo as a member and to add an inter -city transit route from the Five
Cities area to San Luis Obispo and vice versa; and
WHEREAS, Amendment No. 1 is scheduled to automatically expire on
December 31, 1988, unless ratified by all member agencies.
NOW, these parties do amend Amendment No. 1 to automatically
expire on June 30, 1989, unless ratified by all member agencies.
5 14
CITY OF ARROYO GRANDE
Mayor
Date
CITY OF GROVER CITY
Mayor
Date
". ATTEST:
City C er
ATTEST:
CITY OF PISMO BEACH
Mayor,
ATTEST:
City Clerk
L
Date City Clerk
CITY OF SAN UIS OBISPO
— — �. ATTEST•
Or Ron unin''
ate Ci ty C14 "Pam Voges
_ .. + .. �' ...'Y � I. '(� `•. .I.' .'I' ." it .a �;l:iC✓. Nils .,. •„ ..,'i('ir .
COUNTY OF SAN LUIS OBISPO
airman, Board of upervisors
Date
APPROVED AS TO FORM AND LEGAL EFFECT
BY:
County Counsel
ATTEST:
County Clerk
0 •
RESOLUTION NO. 65.44 °v -.419887.fSeries)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AN AGREEMENT BETWEEN THE CITY AND CROWN PROPERTIES
THAT PROVIDES LOAN FUNDS TO CROWN PROPERTIES FOR THE PURPOSE OF
CREATING FOUR ASSISTED DWELLING UNITS IN THE SAN LUIS HOTEL
(647 Higuera Street)
WHEREAS, in its approval of Downtown Housing Conversion Permit CV 1274 the City
Council offered financial assistance to Crown Properties for the creation of four
dwelling units for low or moderate income people in the San Luis Hotel; and
WHEREAS, Crown Properties have requested that the city provide $60,000 as a
low- interest, deferred loan in return for creating four dwellings to be rented at terms
consistent with the federal Section 8 housing program or its equivalent, and
WHEREAS, a current balance of $80,700 is available in the City's Security Pacific
Money Market Account to support this loan request.
WHEREAS, the City Council has reviewed the agreement for loan assistance with Crown
Properties and finds it consistent with CV 1274 and with the General Plan.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. The agreement attached hereto marked Exhibit "A" and incorporated herein
by reference between the City and Crown Properties is hereby approved and the Mayor is
authorized to execute the same.
SECTION 2. The City Finance Director is authorized to transfer $60,000, consistent
with terms specified in Exhibit A, from its Security Pacific Money Market Account No.
066 - 032 -691.
SECTION 3. The City Clerk shall furnish a copy of this resolution and a copy of the
executed loan agreement to the City Finance Director, Community Development Director, and
Crown Properties.
On motion of Councilperson Settle , seconded by Councilperson Rapua
and on the following roll call vote:
R6544
• 0
Resolution No. 6544
Page 2.
AYES: 6uncilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin
NOES: None
ABSENT: None
the, foregoing Resolution was passed and adopted this 6thday of. December 1988.
•
YOR Ron Dunin
ATTEST:
CI"�jY CLERK
Pamela Voges
APPROVED:
CI` ADMINISTRATIVE OFFICER
John Dunn
CITY A
Roger P
COMMUNITY DEVELOPMENT DIRECTOR
Michael Multari
&nr i
DOWNTOWN HOUSING CONSERVATION PROGRAM
REHABILITATION LOAN AGREEMENT
(Rentals)
THIS AGREEMENT is made and entered into this _22nd day of
November , 1988, at San Luis Obispo , California
by and between the City of San Luis Obispo, hereinafter "City" and
Crown Promerties, hereinafter "Borrower ", whose address is 1026 Palm
Street, San Luis Obispo CA 93401.
The following is basic information affecting the loan herein:
(a) Borrower is the owner of rental units to be rehabilitated by
proceeds from the loan that is the subject of this
agreement.
(b) The property to be rehabilitated is at:
697 Hiouera Street San Luis Obispo
(Address) (City)
San Luis Obispo
(County)
The legal description of the property is as follows:
Space D of Parcel Hap SL87 -114
(c) The total number of housing units in the structure after
rehabilitation is four.
The following definitions shall apply herein:
a. "Local Fund" shall mean the City's Rental Rehabilitation
fund.
b. "Lower Income" shall mean that a household's gross income is
less than 80% of the area median income.
C. "Owner" is an owner of a rental property of one or more
units.
d. "The Property" shall refer to the real.property to be
rehabilitated with the loan agreed to herein.
e. "Provider" shall refer to any person or entity providing
services or materials in furtherance of rehabilitation or
repairs pursuant to this Agreement.
f. "Rental Assistance Agreement" is an agreement between the
City and the Borrower to rent the dwelling units to people
with low or moderate incomes for a specified period.of time
(Attachment B).
Page 2
0
All terms shall have the meanings set forth in Title 25, California
Administrative Code Section 7402.
1. GENERAL TERMS
A. Borrower agrees to indemnify, defend and save harmless the
City, their officers, agents, and.employees from any and all claims
and losses accruing or resulting to Borrower or any and all
contractors, sub- contractors, material men, laborers and any other
person, firm, or corporation furnishing or supplying work, services,
or supplies in connection with the performance of this Agreement, and
from any and all claims and losses accruing or resulting to any
person, firm, or corporation who may be injured or damaged by
Borrower in the performance of this Agreement.
B. Borrower, and any agents and employees of Borrower, in the
Performance of this Agreement, shall act in an independent capacity
and not as officers or employees or agents of the City.
C. Without the written consent of City, this Agreement is not
assignable or transferable by Borrower either in whole or in part.
Such consent shall not be unreasonably withheld.
D. Time is of the essence in this Agreement.
E. No alteration or variation of the terms of this Agreement
shall be valid unless made in writing and signed by the parties
hereto, and no oral understanding or agreement not incorporated in
writing herein, shall be binding on any of the parties hereto.
F. The City will subordinate this loan to. other _ loans.
.
The total loan to value debt ratio will not exceed 80% of
the entire building.at any time when property is refinanced.
2. PURPOSE
Borrower and Ci,
this Agreement only
have been set forth
Borrower. Borrower
accordance with the
this Agreement.
ty agree that funds will be expended pursuant to
for the purposes, activities, and amounts which
in detail and approved by Local Lender and
further agrees to solicit and rent to renters in
Rental Assistance Agreement and by the terms of
Upon the proper execution of a promissory note and the
appropriate security instruments and required supplemental documents,
City agrees to commit to Borrower funds not to exceed.the total
amount stated in Item I of Attachment °A" and to disburse said funds
as hereinafter set forth only for the purposes and amount approved
pursuant to the promissory note.
i . •
Page 3
4. INTEREST
The loan herein shall bear simple interest at the.rate set forth
in Item II of Attachment "A" on the principal balance of loan funds
disbursed to the Borrower. Payment of said interest shall be due
monthly until repayment of the loan to City is complete, and shall
accrue from the time of disbursal to Borrower until receipt of
repayment by City. Beginning with the due date of the 61st payment,
principal payments will also be due monthly along with said interest
payments.
5. TERM
A. The effective date of this Agreement is the date on which it
is approved by City after execution by Borrower.
B. This Agreement shall be binding on the Borrower and
successors in interest for the full term of the loan regardless of
sale, transfer or repayment.
C. Borrower agrees rehabilitation is to be completed within the
period stated in Item III a of Attachment "A" and.to complete
performance of all other obligations under this Agreement, including
repayment, within the period(s) stated in Item III b of Attachment
"A"
6. PROMISSORY NOTE AND SECURITY
A. In order to evidence its debt to City hereunder, Borrower
agrees to execute and deliver to City, a promissory note for the
total loan amount in a form approved by City.
B. In order to secure the loan, Borrower shall give City.the
security interest(s) specified in Item IV of Attachment "A ". Such
documents shall adequately secure the loan and may include a Deed of
Trust, pledges of cooperative shares, or other documents related to
the property to be rehabilitated in whole or in part with funds from
the Local Fund. City shall cause such security interest(s) to be
recorded and all such documents shall be specifically assignable to
the City of San Luis Obispo.
C. The Borrower shall obtain a Preliminary Title Report and a
standard CLTA title insurance policy for the security property, or
other such policy approved by the City, insuring the interest of City
as lender in said property.
D.
The City will subordinate this loan
to other loans The total loan to value debt ratio will
not exceed 80% of the entire building at any time when property is
refinanced.
Page 4
7. ACCOUNTING AND DISBURSALS
0
A. Borrower and City agree to maintain records that accurately
and fully show the date, amount and purpose of the loan funds.
B. Borrower agrees that City will disburse funds pursuant to
this Agreement in one payment to Borrower; and they may incorporate
any other procedures commonly used by a reasonable and prudent lender
or agency administering a.rehabilitation program. Special conditions
are set forth in Item V of Attachment "A ".
8. GENERAL TERMS OF THE LOAN
A. In the performance of this Agreement, Borrower agrees not to
discriminate against any provider, renter or potential provider or
renter, because of race, color, religion, ancestry, sex, age,
national origin, physical handicap or on any other arbitrary basis,
and shall permit access to records, bids, application forms, and
other pertinent data and records by an appropriate agency of the City
for the purposes of ascertaining compliance with this section.
B. Borrower shall promptly notify City if real estate taxes and
assessments are in default, or if liens or loans against the property
are not paid. Borrower shall promptly notify City if any default in
any payment takes place which affects title or ownership of the
property.
C. Borrower agrees to keep the subject property covered under a
policy of hazard insurance at all times.
D. Borrower shall promptly comply with all requirements or
conditions of this Agreement relating to notices, extensions, and
other events required to be reported or requested.
E. Borrower shall cooperate with City, providers, inspectors and
others who have an official capacity in the rehabilitation of the
property which is the subject of this Agreement and shall sign
necessary documents to permit the rehabilitation of the property,
including, but not limited to, releases of funds to the provider when
satisfied with the work accomplished. The Borrower shall execute a
Notice of Completion and shall.cause suchsnotice to be recorded
within ten days of completion of rehabilitation. Borrower shall
provide City a copy of the recorded document.
F. Borrower and City shall cooperate in furtherance of
authorized expenditures and activities for rehabilitation, selection
of providers, prompt payments of providers, resolution of any
disputes as to rehabilitation work done or to be done, and compliance
with other rehabilitation regulations and rental obligations pursuant
to this Agreement.
Page 5
G. During the term of this Agreement, Borrower agrees to limit .
rents and rent increases in the subject property and to rent to
tenants in accordance with the Rental Assistance Agreement, attached
hereto and incorporated herein as Attachment "B ".
H. Borrower- shall submit true and complete rents, operating
expenses, debt service, tenant information schedules, and other
necessary information to City upon request for a loan.
I. Borrower agrees to use a lease which conforms to California
law or any other lease subject to the approval of City. Borrower
additionally agrees to comply promptly and fairly with
responsibilities under law and as set forth in the lease, and to make
every effort feasible to ensure the stability and security of
tenants. Borrower and City agree that if, after a residency begins,
a tenant's income exceeds the standard pursuant to which the tenant
was accepted for tenancy, that fact alone shall neither cause the
tenant's eviction nor be a violation of Borrower's obligations under
this Agreement.
J. The loan herein shall be due at the time stated in Item III b
of Attachment "A" or upon any sale or tram er of the subject
property other than a transfer to a spouse lue to death or
dissolution, whichever occurs first. The loan may be assumed after
transfer if the transferee takes the property subject to the
restrictions of this Agreement, subject to the approval of City
before transfer. Such approval shall not'be unreasonably withheld.
R. Notwithstanding subparagraph J', City may extend this loan
agreement and the due date of the Promissory.Note for no more than
four additional five -year terms if City reasonably determines that
low - income occupant households will continue to receive affordable
rents and otherwise benefit from residency in the rehabilitated_
units. City will only renew such loans for one five -year term at a
time unless multiple five -year periods are essential to the
feasibility of continuing benefits to low- income households. Such
extensions shall require prior City approval before becoming
effective. Borrower shall request such an extension at least two
months prior to the due date of the loan.
L. Replacement Reserve Account for Project of Four or More
Units. The.borrower shall establish a replacement reserve account on
Wit books for the project. An amount not less than $ 180.00 per
quarter shall be creditedto this account. This account shall be a
liability on.the books.
M. The City will subordinate this loan to other loans.
The total loan to value debt ratio will not exceed 80% of
the entire building at any time when property is refinanced.
*unless assumed
* *heir or beneficiary
•
Page 6
9. REPAYMENT
A. Any funds disbursed hereunder shall be repaid promptly to
City no later than the date specified in the promissory note executed
pursuant to Paragraph 3.
.B. Borrower agrees that neither failure to obtain any required
permits, necessary subsidies, services, or financing, nor any other
cause, releases the Borrower from its debt to City.
C. The Borrower may repay the entire .amount of the loan at any
time before it becomes due without a penalty for repayment. However,
all terms of this Agreement'shall remain binding for the original or
extended term of the loan.
D. No less than 60 days before any sale or the expiration of the
term of the loan, Borrower agrees to notify City of requests for
extensions, exemptions from repayment or proposed assumptions, if
appropriate.
10. DEFAULT
A. Borrower covenants that all material facts and statements
provided by the Borrower in conjunction with this loan, and relied
upon by City in agreeing to make this loan, are true and complete to
the best of Borrower's knowledge, and any misrepresentation shall be
just cause for City to declare this Agreement to be breached and the
loan in default.
B. In the event Borrower, for any reason, is unable to or
otherwise does not proceed with the rehabilitation activities
approved by City, City may declare this Agreement to have been
breached and both parties shall be released from any further
Performance hereunder.
C. In the event of any default or breach of this Agreement'by
the Borrower, Borrower shall have 30 days from notice of default or
breach to rectify same. If substantial progress is not made in that
time, City may.declare the note evidencing the loan to be immediately
due and payable.
11. REPORTING
Subsequent to the completion of rehabilitation activities, and
until termination of this Agreement, on a form and at a time provided
for by City, at least once each year, Borrower shall provide such
information requested with respect to occupancy, fiscal status,
rents, operations, maintenance, and other relevant items.
•
Page 7
12. RECORDS AND DOCUMENTS
Borrower and City agree to retain copies of all records related
to use of funds pursuant to this Agreement for a period of one year
following the repayment of the loan, and to forward copies or
originals, when required or requested, to City. Such records and
documents shall be made available for City inspection at any time
during or 'after rehabilitation after reasonable notice is given.
13. INSPECTIONS
Borrower agrees to grant City permission, and to obtain
occupant's permission in each instance, to enter- and inspect
properties and units subject to this Agreement at any time during or
after rehabilitation. City is aware that Borrower must comply with
California law and that occupant can deny permission to enter for
inspection.
14. GOVERNMENTAL CLEARANCES
To the extent necessary, Borrower shall satisfy City that all
requirements of local, state or federal law and ordinances have been
fulfilled and that all appropriate permits have been obtained when
required for local rehabilitation activities. Satisfaction of the
requirements of this paragraph shall be preconditions for any
disbursal of funds hereunder.
15. LOCAL LENDER COORDINATOR
The City Coordinator for this Agreement is set forth in Item VI
of Attachment "A ".
16. MEMORANDUM OF REHABILITATION LOAN AGREEMENT
The Borrower agrees to execute the Memorandum of Rehabilitation
Loan Agreement (Attachment C), and the City shall have such
memorandum recorded at the time of loan closing.
17. SPECIAL CONDITIONS
In addition to the general provisions of this Agreement, the
special conditions set out in Item VII of Attachment "A" must be
satisfied in a manner specified by or acceptable to City.
. 0 •
Page 8
AAF
1 /i
ayor Rob —D nin
ATTEST:
Pam Voges, City d0ark
GENERAL ACKNOWLEDGMENT
State of (1 A t_ t F 02N i A l
SS.
Countyof SAAibiis ohl1 'Pp
F y;%r� SAN LUIS GB,:�� t MINTY
�2"� CAUFORNIi+
9
My Commission Expires on Nov. 30, 1990
COUNTY OF SAN LUIS OBISPO. ss.
/1/D-�'/8 P
Date
/ 0:' Z/'e 46
///2 �£/g
Date
'0.'&
Date
NO. 201
On this the sa day of A/01%E P n 12)Efe- 19-M, before me,
I F 2( D.EE,a -u
the undersigned Notary Public, personally a geared
HEkbE2T f-11nIDLIF,12 -� �lJr1PA✓►� -T
AT-So13 A,Un T)oA/A /A- L. NfirSOA/
personally known tome
❑ proved tome on the basis of satisfactory evidence
to be the person(s) whose name(s) A k F_ subscribed to the
within instrument, and acknowledged that =kh04 executed it.
WITNESS my hand and official seal.
gnature
NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 6625 • Woodland Hills, CA 91364
On this day of , in the year , before me
personally appeared known to me
to be of , and known to
me to be.the person who executed the within instrument on behalf of said public
corporation, agency or political subdivision, and acknowledged to me that
Notary Public
executed the same.
(SEAL)
Ll
• 0
ATTACHMENT "A"
I. (Paragraph 3.) Amount of Loan: $ 60,000.00
( - -- -Sixty thousand and no/ 100-------------------- - - - - -- Dollars)
II. (Paragraph 4.) Simple Interest Rate - three - - - -- percent 3 %
.III. (Paragraph 5.) Term of Agreement:
a. Rehabilitation is to be commenced by December 1, 1988
and completed by June 1, 1989
b. Repayment of the loan is due on June 1, 2004
IV. (Paragraph 6.) Security Interest(s):
Deed of trust on residential property at 697 Higuera Street
San Luis Obispo, California 93401
V. (Paragraph 7.) Accounting and Disbursal Terms:
Funds will be disbursed in one lump sum on June 1, 1989
VI. (Paragraph 16.) Local Coordinator: Terry Sanville
Name
Principal Planner
Title
VII. (Paragraph 18.) Special Conditions:
Should the construction be completed and a Certificate of
Occupancy issued for the units, the City will disburse the funds
prior to June 1st. Interest charges will.not accrue until the
June 1, 1989 date in this occurance.
0 0
Attachment "B"
DOWNTOWN HOUSING CONSERVATION PROGRAM
CITY OF SAN LUIS OBISPO, CALIFORNIA
RENTAL ASSISTANCE AGREEMENT
This agreement entered into this 22nd day of November 1988,
by and between the City of San Luis Obispo, hereinafter referred to
as "City ", and Crown Properties, hereinafter referred to as "owner ".
It is mutually agreed by the parties hereto as follows:
I. Crown Pror�erties is owner of the zeal property located in the
City of San Luis Obispo, County of San Luis Obispo, California,
described as follows:
Space D of Parcel Map SL87 -114
II. Owner agrees that the following conditions and restrictions on
the described property shall inure and bind the heirs, legatees,
devisees, administrators, executors, successors and assigns of
the parties hereto:
a. The owner agrees to rent, as vacancies occur, all rental
units located on.the property to a certified Section 8
Housing Assistance Payments Program Tenant for the remaining
length of the agreement. The owner shall rent to such
qualified applicant(s) of such unit(s) without rejecting any
except for just and reasonable cause. The initial rent of
such unit(s) shall not exceed the fair market rent ceilings
as determined by the Department of Housing and Urban
Development for the City of San Luis Obispo's Section 8
Existing housing Assistance Payments Program, in effect at
the time the tenant takes occupancy of the unit.
b. The owner agrees to contact the Housing Authority of the
City of San Luis Obispo (487 Leff Street, P.O. Box 638, San
Luis Obispo, CA 93406) prior to any rental increases to
determine if the adjustments are in accordance with the
annual adjustment factor published by the Department of
Housing and Urban Development each year.
c. The owner agrees to notify the Housing Authority of the City
of San Luis Obispo of a vacancy in the qualified unit(s).
Following such notification, the Housing Authority shall
refer qualified persons to the owner for a period of thirty
(30) days, or until notified that the vacancy no longer
exists. The Housing Authority will cooperate: with the
owners to fund qualified applicants on it's waiting list.
If no Section 8 Applicants are available and qualified to
• i
Rental Assistance Agreement
Page 2
occupy the unit(s),then Borrower agrees to rent such unit(s)
to persons or households with adjusted income not in excess
of 80% of the area median income, as established by the U.S.
Department of Housing and Urban Development (HUD), at a rent
not greater than 30% of such income, provided that such
rents may be adjusted to the extent necessary to meet debt
service on the subject properties and any increased costs of
operation and maintenance of the properties, with the
approval of City. The method of determining and documenting
the need for such increases shall be at the reasonable -
discretion of City. In every case of a proposed rent
increase, the tenant or tenants affected by such increase
shall receive written notice, at least 30 days prior to the
proposed date of such increase, of the amount of the
proposed increase and the justification therefor. In no
case.shall the rent exceed the fair market rent limitations
established under the Section 8 Existing Housing
Regulations.
d. If persons meeting the criteria are not available, then
Borrower may, after 90 days, appeal to the City Council for
a waiver of this provision based on a demonstrated inability
to find qualified tenants. The appeal shall be on a case -
by -case basis. In no case shall the rents exceed the
Section 8 Fair Market Rents.
e. The owner agrees to make the rental unit(s) available to
persons of low income under any successor rent subsidy or
funding program available to or administered by the Housing
Authority of the City of San Luis Obispo.
f. The obligations of this agreement shall remain in full force
and effect for so long as the deferred payment loan, or any
portion thereof, remains outstanding.
g. Borrower acknowledges that should rents in excess of those
permitted by this agreement and approved by City be charged,
this will be cause for appropriate action by City, including
but not limited to, declaring a default and accelerating
repayment of the deferred payment loan, requiring repayment
of excess rentals to tenants, seeking'an injunction against
any violation of the agreement, requesting judicial
appointment of a receiver to take over an operate the
property in accordance with the terms of this.agreement, or
seeking such other relief as may be appropriate. The injury
to local lender arising from a default under any of the
terms of this agreement would be irreparable and the amount
of damage would be difficult to ascertain.
0 0
Rental Assistance Agreement
Page 3
h. The provisions of this agreement are in addition to, and do
not alter, modify,. or set aside in any respect the
provisions of the loan agreement, promissory note or deed of
trust or similar instrument securing the deferred payment
loan.
i. These conditions and restrictions shall expire on June lst•.
2004 unless extended through mutual agreement
of both parties.
II. The parties agree that this agreement is entered into as part of
and in consideration of a Community Development Department Block
Grant Rehabilitation Loan, administered by the City of San Luis
Obispo and shall be recorded.
CITY OF SAN LUIS OBISPO
By: 9� Uzi-
Mayor Pon Duni❑
�Y ATTESf-.-`,,
Owner Pam V ges, City C rk
ALL SIGNATURES MUST BE NOTARIZED
GENERAL ACKNOWLEDGMENT
State of C aLlc- oeO f4
II SS.
County of ,�ruL.UrS(�biSp�
t k , TS::t.; O. R:(t5
PUBLiC,
SAN LL:S HIM COUNTY
CALIFORNIA
My Commission Expires on Nov. 30, 1990 .
NO. 201
On this the DDt- day of _A0 UG M /MFR 19_(1_b_, before me,
TL (ti P. f LF- ►au
the under s�iggned Not ry Public, per onally app�ear
14
personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) A K. F subscribed to the
within instrument, and acknowledged that 4-hE executed it.
WITNESS my hand and official seal.
gnature
NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4825 • Woodland Hills, CA 9
(SEAL)'
LJ
ATTACHMENT "C"
•
DOWNTOWN HOUSING CONSERVATION PROGRAM
PROMISSORY NOTE SECURED BY DEED OF TRUST
(LOCAL LENDER /BORROWER)
(Rentals)
$ 60.000 00 Borrower Crown Properties
Loan No. 1988 -1 Date November 22 1988
FOR VALUE RECEIVED, the undersigned (hereinafter "Borrower "), jointly
and severally, promise(s) to pay in lawful money of the United States
to the order of the City of San Luis Obispo, or its successor or
assignee at its principal place of business at 990 Palm Street
San Luis Obispo, California, or at such other place as City may
designate, the principal sum of Sixty thousand and no 100
L$60.000 00) Dollars, together with interest on unpaid principal at
the rate of three. -L3.001 percent per annum, calculated on the basis
of the actual number of days the unpaid principal balance is
outstanding divided by a 360 -day year. FROM June_ 1.. 1989, interest
shall be paid monthly in installments of One Hundred Fifty and no /loo
15150.00) Dollars, each payable on the first day of.each month
commencing on July 1. 1989, and continuing until June 1, 1994, after
which time principal and interest shall be paid monthly in
installments of Two Hundred Fifty Twoand 96.100 252.96 Dollars,
each payable on the first day of each month commencing July 1, 1994,
and continuing until June 1. 2004, when all unpaid principal and
interest shall be paid in full.
It is further provided that the entire outstanding balance including
any interest, is due and payable in 15 years from the date of this
note's execution or upon voluntary or involuntary transfer of title,
contract to sell, sale of the secured property, or any interest
therein, whichever is earlier. If a transfer is to a spouse or heir
or beneficiary due to death or dissolution of Borrower, such a
transfer does not-require immediate repayment. The transferee or
buyer of the secured property may assume the obligations of this note
upon written approval of City or its successor or assignee, approval
not being unreasonably withheld, and if such transferee or buyer
agrees to comply with all terms of the Loan Agreement referred to
herein. A transfer shall not include a junior encumbrance or lien.
With the approval of the City, approval not being unreasonably
withheld, a transferee or buyer meeting the same eligibility
requirements as Borrower may assume the Loan evidenced by this note
and all terms and obligations thereof.
The indebtedness evidenced by this note is made pursuant to a Loan
Agreement between Local Lender and Borrower and is secured by a Deed
of Trust dated ?November 22, j 1988.
1. Borrower hereby represents and warrants to City, and covenants,
as follows:
0
Promissory Note
Page 2
a. The execution, delivery, and performance pursuant to this
note are not in Contravention of law or any indenture,
agreement, or undertaking to which Borrower is a party or by
which it is bound and the same are within Borrower's powers
and have been duly authorized and -are not in contravention
of any source of Borrower's authority.
b. Borrower has, or at the time of execution, delivery, and
performance of this note, will have, lawful right to the
security and has an unqualified right to assign and grant
liens and security interests to the City therein.
C. All information furnished by Borrower to City concerning the
security is and will be complete, accurate and correct in
all material respects at the time the same is furnished.
d. The security is, and for so long as any of Borrower's
obligations to City remain unpaid, will remain, free of any
subsequent liens, charges, security interests, encumbrances,
and adverse claims, except for the benefit of Local Lender
and as provided in the Loan Agreement between Borrower and
City, referred to above, which includes subordination.
2. On the occurrence of any event of default, Local. Lender at its
sole election, after 30 days written notice to Borrower, may
declare all or any portion of the principal and accrued interest
on this note to be immediately due and payable and may proceed
thereafter at once without further notice to enforce this note
according to law. The prevailing party agrees to pay all .
reasonable collection costs.
3. Each of the following occurrences shall constitute an event of
default: (1) Failure of the Borrower to repay any principal and
interest when due under the terms Of this note or to obtain an
extension thereof at the time, place and - manner specified in
said Loan Agreement; (2.) Termination of said Loan Agreement .
pursuant to the terms thereof or breach by the Borrower of any
terms of said Loan Agreement; (3) Failure of the Borrower to
undertake in a timely way the express and implied activities for
which said Loan Agreement has been executed or a substantial
reduction by the.Borrower in the scope of said activities; (4)
Occurrence: (a) of the Borrower's becoming insolvent or bankrupt
or being unable or admitting in writing its inability to pay its
debts as they mature or making a general assignment for the
benefit of or entering into any composition or arrangement with
creditors; (b) of proceedings for the appointment.of a receiver,
trustee, or liquidator of the assets of the Borrower or a
substantial part thereof, being authorized or instituted by or
against the Borrower; or (c) of proceedings under any
bankruptcy, reorganization, readjustment of debt, insolvency,
dissolution, liquidation or other similar law of any
Jurisdiction being authorized or instituted against the
Borrower.
Promissory Note
Page 3
4. No delay or failure of Holder in the exercise of any right or
remedy hereunder or under any other agreement, which secures or
is related hereto, shall affect any such right or remedy, and no
single or partial exercise of any such right or remedy shall
preclude any further exercise thereof, and no action taken or
omitted by Holder shall be deemed a waiver of any such right or
remedy.
5. Each maker, endorser, surety, and guarantor of this note hereby
severally waives demand, protest, presentment, notice of non-
payment, notice of protest, notice . of dishonor, and diligence in
bringing suit against any party and does hereby consent that
time of payment of all or any part of said amount.may be
extended from time to time by the Holder hereof without notice.
6. Any notice to the Borrower provided for in this note shall be
given by mailing such notice by certified mail addressed to the
Borrower at the address stated in the Loan Agreement, or to such
other address as the Borrower may designate by written notice to
the City. Any notice to the City shall be given by mailing such
notice by certified mail, return receipt requested, to the City
at the address stated in the Loan Agreement, or at such other
address as may have been designated by written notice to
Borrower.
7. If suit is brought to collect on this Note, the prevailing party
shall be entitled to collect all reasonable costs and expenses
of said suit, including reasonable attorney's fees.
8. This note shall be binding upon the Borrower and its successors
and assigns and.upon the City and its successors and assigns.
9. The note shall be construed and enforced in accordance with.the
laws of the State of California.
Signed:
Borrower
b'` /10w
7I G1M<<J I IGL _ !t /Z 710
Borrower
Agreements :Rehab
0 ,
RESOLUTION NO. 6543 (1988 Series)
A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO
ESTABLISHING A POLICY FOR NOTICING VARIOUS TYPES OF
DEVELOPMENT REVIEW
WHEREAS, the Council finds that it is in the community's best interest to provide
extensive public notice of development proposals in order to solicit neighborhood
participation in the review of new projects; and
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby adopt the noticing
schedule as set forth in the attached table labeled "Notification Requirements ", which
are incorporated hereby by reference.
On motion of Councilman Settle seconded by Councilwoman Rappa
and on the following roll call vote:
AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 6th day of December
1988.
yor Ron Dunin
ATTEST:`
i
i
City Clerk Pam V es
moo 0.
R6543
• !
Resolution No. 6543 (1988 Series)
Page 2
APPROVED:
City Administrative Officer
City Att rney
!liyf -
Community Development Director
�� r �
���G�
c.� ,�
OTIFI
CATION REQUIREMENTS
PROCEDURE
LETTERS AD I AD MAP I
LETTERS TO ADJACENT I PROPERTY I SIGNS
PROPERTY OWNF:;LQ
ADDRESS CHANGE _
OWNERS I WITHIN 300'
APPEALS
5
ARCHITECTURAL REVIEW - A.R.C.
SAME AS ORIGINAL APPLICATION
Minor or Incidental
2 5 g
Non - Residential Ad scent to Residential Zone
50 50
Determination of Significant Structure
2 ga 5
2
Demolition of Si nifloant Structure
5 5
h
CONDOMINIIUM CONVERSIONS
h 5 f 5
CULTURAL HERITAGE -. Pro acts on Residential Sites
10 10 100 io--T 10
Projects In Historical Districts
5
Demolition on Historical Resource Sites
b
-
Demolition in Historical Districts
g
Changing Master List: Resources
b
Changing Historical District Boundaries
5
10 10
DOWNTOWN HOUSING CONVERSION PERMITS - City Council
10 10
10
ENVIRONMENTAL REVIEW - Commun Develo ment Department
loag 10
h
GENERAL PLAN AMENDMENT -. Ma - Planning Commission and C.C.
10
10
1
Text - Planning Commission and City _Council
10
10
HOME OCCUPATION PERMITS
Home Occupation with Administrative Hearing
g
5
PARCEL MAPS all except Planned Devel. - Tentative ma - Director
10
10
5a.
5
Final m - Director
10
10
10
10
PLANNED DEVELOPMENT REZONING - Preliminary - P.C. and C.C.
10
10
Final Development Plan - Director
10
10
NO NOTICE
Amendments relimin or final) - Planning Commission
10
10
10
REZONING - M - Planning Commission and City Council
10
10
10
Text- Plannin Commission and C Council
t0
10
10 .
SCHOOL TENANT PERMITS
School Tenant with Administrative Hearing
g
-
h
SIDEWALK SALES PERMITS
10 b
5
SIGN PERMITS
NO NOTICE
SPECIFIC PLAN AMANDMENT-Planning Commission and C.C.
10
NO NOTICE
STREET ABANDONMENTS - Planning Commission
10
10
10
10
10
Resolution of Intent - Ci Council
NO NOTICE
10
Resolution Ordering - City Council
10
1
STREET NAME CHANGE - Planning Commission
_
10
10
l0a
10 c
TIME EXTENSIONS
10d
b
TRACT MAPS AND PARCEL MAPS WITH P.D. ftentative) P.C.
10
10
USE PERMITS - Administrative
5
10a
10
Planning Commission and City Council
10
5 a
5
VARIANCES, Administrative
5
t0 a
10
_
5a
g
*NUMBERS IN CALt1MNS INn1n -ATC TUC ui u.ero ne MAVc
------- __--._ ....-.. %wn ' LC 1 lcr, r%pb 1 NUN. .l 15 TO OCCUR
a Notice to adjacent tenants, including those across the street e. Notice at least Trve days before tine) action.
b. Notice may be required to adjacent or any other property owners at f. Letters sent to persons or organizations that have requested notice
the discretion of the Community Development DeparimmWe of demolition of significant structures.
Director or his representative.
a. Signs must be 300' apart or less, minimum three signs. g. Notice to tenants.
d. Minimum of three signs. h. No specific date or time limit
The above noted procedures meet or exceed the requirements of other sections of the City of San Luis Obispo Municipal Code or applicable state law.
While it Is city policy to provide additional notice beyond these requirements, failure to provide such notice shall not be construed in any way as invan-
dating otherwise proPer actions or decisions.
n-e
i
ILI
and
RESOLUTION NO. 6542 (1988 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
AUTHORIZING THE CITY ADMINISTRATIVE OFFICER TO HIRE
ONE CONTRACT FIREFIGHTER FOR MAXIMUM OF 18 MONTHS.
WHEREAS; the Fire Department currently has four long term Firefighter injuries,
WHEREAS; overtime is required to maintain emergency operational needs; and
WHEREAS; sufficient revenues exist to offset overstaffing one
Firefighter position through FY1988/89, and
WHEREAS; the health and safety of the community and Firefighters will benefit
from the overstaffing authorization.
NOW THEREFORE BE IT RESOLVED by the City Council of San Luis Obispo that
the City Administrative Officer is authorized to hire one Firefighter by Contract not to
exceed 18 months in accordance with adopted City personnel policies and procedures.
On motion of Councilman Settle ;seconded by Councilwoman Raman
and on the following roll call vote:
AYES: Counciimembers Settle, Rappa, Pinard, Reiss and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this
1988.
ATTEST:
LIK xl�
CITY C ERK Pam ge
6th
n
day of December
0
Resolution No. 6542 (19 Series)
Page 2
APPROVED:
City A inistrative Officer
City Attor y
- AL:,�S-
Finance Director
g� Q_ ka,�
Personnel irector
Fire Chief
Pits,
r
r
r�
RESOLUTION NO. 0541 (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING AN APPEAL FROM THE ARCHITECTURAL REVIEW COMMISSION
(SA 3944, 1585 CALLS JOAQUIN)
WHEREAS, the Architectural Review Commission on October 3, 1988, considered the
application by Howard Johnson Company for an exception to the city's Sign Regulations, to
allow an existing pole sign and attached reader panel sign at 1585 Calle Joaquin, and
denied the request upon determining that the exception would be a grant of special
privilege, inconsistent with limits on nearby properties with the same zoning; and
WHEREAS, the Architectural Review Commission approved an exception allowing a lower,
smaller sign, upon finding that the site location and situation is visually obstructed
from south bound Highway 101 traffic from the Los Osos Valley Road overpass and that a
primary source of business for this motel /restaurant is from travelers on Highway 101 and
therefore signage visibility is essential for directing and attracting business; and
WHEREAS, the applicant appealed that decision to the City Council, the Council has
considered the testimony and statements of the applicant; records of the Architectural
Review Commission's actions, and the evaluation and recommendation of staff; and
WHEREAS, ,the Council determines that the action of the Architectural Review
Commission was appropriate;
NOW, THEREFORE, the council resolves to deny the appeal and affirm the action of the
Architectural Review Commission.
On motion of Councilwoman Pinard seconded by Councilwoman Rappa,
and on the following roll call vote:
AYES: Councilmembers Pinard, Rappa, Reiss and Mayor Dunin
NOES: Councilman Settle
ABSENT: None
the foregoing resolution was passed and adopted this 15th day of NQmeMbSX , 1988.
r Mayor Ron Dunin
ATTEST:
City�Clerk Pam Voles
RrSL 1
0 s
Resolution No. 6541 (1988 Series)
Page 2
APPROVED:
Community Development Director
�',�
��� /�
�`7�%�iiy -S
® •
RESOLUTION NO. 6540 -A (1988 SERIES)
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
UPHOLDING AN APPEAL OF THE PLANNING COMMISSION'S
ACTION DENYING USE PERMIT U1390 TO ALLOW A NEW
SERVICE COMMERCIAL CENTER AT 1373 BROAD STREET
WHEREAS, the applicant requested a use permit to allow a new service commercial
center at the above address; and
WHEREAS, the Planning Commission reviewed the request at its October 12, 1988,
meeting and denied the use permit based on the finding that proposed development and the
listing of uses allowed or conditionally allowed may adversely affect the 1ealth, safety
and welfare of persons working on the site or residing in the vicinity because the site
plan does not adequately provide for likely truck access and loading zones; and
WHEREAS, on October 13, 1988, the applicant appealed :the Planning Commission's
action to the City Council; and
WHEREAS, on November 15, 1988, the City Council conducted a duly noticed public
hearing to consider the testimony of the appellant and other interested parties;
NOW, THEREFORE, the council of the City of San Luis Obispo upholds the appeal and
approves use permit U1390 based on the following findings and conditions:
Findings
1. The proposed development and the listing of uses allowed or conditionally allowed
will not adversely affect the health, safety and welfare of persons working on the
site or residing in the vicinity because the site plan adequately provides for
likely truck access and loading zones.
2. The development is appropriate at the proposed location and will be compatible with
surrounding land uses.
3. The Director's determination of a negative declaration on environmental impact is
affirmed.
R6540 A
A
Resolution No.6540'(1988 series)
Page 2
Conditions
1. The applicant shall provide a minimum 30' wide street -type entrance at the project's
Broad Street / Orcutt Road intersection.
2. The northerly driveway shall be signed entrance - only..
3. The southerly driveway shall be signed right turn only and exit -only.
4. The applicant shall pay for the installation of traffic signal modifications to
accommodate the project entrance at the Broad Street / Orcutt Road intersection.
5. Loop detectors shall be installed at the Broad Street / Orcutt Road exit for the
project. The loop detectors shall be adjusted so that traffic on Broad Street and
Orcutt Road is only interrupted when a vehicle is waiting to exit the project; to
the satisfaction of Caltrans and the City Engineer.
6. Occupancy of the project shall not occur until installation of all required traffic
signal modifications and loop detectors as determined by the City Engineer for the
Broad Street / Orcutt Road intersection.
7. The applicant shall dedicate a one -foot non- vehicular access strip along the
project's entire Broad Street frontage exclusive of the driveway openings.
8. The parking stalls closest to the northerly driveway shall be redesigned as angled
stalls to be entered facing south.
9. The parking stalls closest to the southerly driveway shall be redesigned as 90
degree stalls, to the satisfaction of the Community Development Director.
10. On- street parking shall be prohibited north of the project's Broad Street / Orcutt
Road entrance to the approval of Caltrans and the City Engineer.
11. All mature trees removed from the site shall be replaced with compensatory planting
of 24" and 48" box specimen trees in accordance with the tree replacement plan
(sheet 3b.) to the satisfaction of the City Arborist.
12. The City Council determines that, in consideration of the specific development
proposed and in conformance with the intent of the special consideration_ s zone for
this site that the list of allowed and conditionally allowed uses attached as
exhibit A is approved for the site.
13. The site shall be maintained in a neat and orderly manner. All plants shall be
maintained and replaced as needed.
14. The lot lines shall be adjusted so that no buildings will be over property lines
prior to building permit issuance.
A
Resolution No.6541988 series)
Page 3
15. To assure minimal noise conflicts between adjoining commercial and residential uses,
deliveries, trash collection and parking lot sweeping and cleaning activities shall
be limited to between the hours of 7:00 AM and 9:00 PM
16. Flags, bunting strips, banners, balloons, sandwich board signs or other similar
attention - getting devices shall be prohibited.
17. Oil /grease interceptors shall be installed to prevent pollution from entering the
adjacent drainage ditch /creek; design and location shall be approved by the
Community Development Director.
18. If the project is to be constructed in phases, all necessary intersection
improvements, signalization and parking lot areas shall be installed with the first
phase.
19. The loading zone depicted at the southeast corner of building A .shall be signed for
exclusive use by 33 foot trucks. The trash enclosure shall be relocated to be more
directly accessible, to the approval of the Community Development Director.
20. The applicant shall grant an access easement to contiguous properties to the north
and south of the subject property to allow vehicular access through the easterly
portion of the parking to the signalized intersection at Broad Street and Orcutt
Road, to the approval of the Community Development Director.
Code Reauirements
1. Fire hydrants shall be placed on -site to the approval of the City Fire Department.
Fire sprinklers are required for all buildings.
2. Drainage shall be conveyed to an approved point of disposal in a non - erosive manner.
3. Street trees shall be installed to city standards and to the satisfaction of the
City Arborist.
On motion of Councilwoman Rappa. seconded by
Councilwoman Pinard and on the following roll call vote:
AYES: Councilmembers Rappa, Pinard and Mayor dunin
NOES: Councilmembers Reiss and Settle
ABSENT: None
the foregoing resolution was passed and adopted this 15t jday of November
1988.
.0
A
Resolution No. 654TI988 series)
Page 4
Mayor Ron Dunin
APPROVED:
City ministrative Officer
ity Att r ey
Community Development Director
• r
Exhibit A
Uses Allowed By Right
Advertising and related services Photocopy services
Photofinishing -- retail Photofinishing -- wholesale
Retail sales -- building and landscaping materials
Contractor's Offices Retail sales -- auto parts and accessories
Credit reporting and collection Laundry /dry cleaners
Uses Allowed With Administrative Use Permit
Barbers, hairstylists Secretarial and related services
Offices -w engineers and industrial design
Ticket, travel agencies
Retail sales -- appliances, furniture
�� � i
� „��� �.-
� -�a
��� t�
RESOLUTION NO. 6540 (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO ACCEPTING BID AND AWARDING A CONTRACT
WHEREAS, the Council hereby accepts the bid and authorizes the
Mayor to sign a contract on behalf of the City for the following:
PROJECT: Well Development- Phase I CITY PLAN NO.: M32 -L
ESTIMATE: $75,875.00 FUND NO. 050- 9743 - 092 -572
BIDDER: R. Baker, Inc. BID AMOUNT: $73,100.
NOW THEREFORE BE IT RESOLVED, that the City Clerk is directed
to prepare the appropriate documents for signature by the
successful bidder and the Mayor.
On motion of Councilman Settle , seconded
by Councilwoman Rappa , and on the following roll call vote:
AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 6th
day of December , 1988.
® s
Ron Dunin
ATTEST:
CITY C RK Pam 7V s
Utilities Director
lib3 /bid
R654O'
r1 le, 0 0
9 a
RESOLUTION NO. 6539 (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING THE GENERAL PLAN MAP AT 19 CHORRO STREET (GP 1397)
WHEREAS, the Planning Commission and the City Council have held public hearings
on the proposed amendment in accordance with the California Government Code; and
WHEREAS, the amendment comes to the council upon the recommendation of the
Planning Commission; and
WHEREAS, the potential environmental impacts of the amendment have been
evaluated in accordance with the California Environmental Quality Act and the city
Environmental Guidelines.
NOW, THEREFORE, the council resolves as follows:
SECTION 1. Finding. The requested amendment is consistent with the;.general
plan Land Use Element, because it is a minor addition to a neighborhood commercial
area which will enable improved traffic safety.
SECTION 2. Environmental determination. An intial environmental study
(ER 42 -88) has been prepared and the council hereby approves a negative declaration.
SECTION 3. Adoption. The subject area of the general plan Land Use Element map
is hereby amended from low- density residential to neighborhood commercial, as shown .
on the attached Exhibit A. The Community Development Director shall cause the
change to be reflected on maps on display and published by the city.
On motion of ..Councilman Settle ,seconded by
and on the following roll call vote:
AYES: Councilmembers Settle, Reiss, Pinard, Rappa and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this ,1.5t1day of „Nov. 1988.
........... am
y
or Ron Dunin
ATTEST:
City lerk Yam V es
R6539
0 •
Resolution No. 6539 (1988 Series)
Page 2
APPROVED:
City dministVe ratiivvve Officer
ity it o
l
......... ...............................
Community Development Director
gml /1397res
•
Resolution No.
Exhibit A
GP 1397 - Change from Low Density Residential to
Neighborhood Commercial
/�.
�i��� � •
��
RESOLUTION NO.6538(1988 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL AMENDING
THE GENERAL PLAN URBAN LAND USE ELEMENT MAP FROM
MEDIUM- HIGH - DENSITY RESIDENTIAL TO OFFICE (GP 1370)
WHEREAS, the Planning Commission and City Council have held hearings to consider
amendment to the Urban Land Use Element as shown on Exhibit A, attached; and
WHEREAS, the proposed amendment has been evaluated in accordance with the California
Environmental Quality Act and the city's Environmental Impact Procedures and Guidelines,
and a negative declaration has been granted by the city; and
WHEREAS, the City Council finds that the proposed general plan amendment promotes
the public health, safety, and general welfare;
BE IT RESOLVED by the San Luis Obispo City Council as follows:
1. The Urban Land Use Element map is hereby amended as shown on Exhibit A, attached
and incorporated by reference.
2. The Community Development Director shall cause the changes to be reflected in
the publications and maps which are on display in City Hall and which are made available
to the public.
3. This action shall take effect thirty days from the date of adoption of this
resolution.
4. After City Council review and consideration, the determination of the Community
Development Director to to approve a negative declaration is hereby confirmed.
R6538
• 0
Resolution No. 6538 (1988 Series)
Page 2
On motion of Councilman Settle seconded by Councilman Reiss and on
the following roll call vote:
AYES: Councilmembers Settle, Reiss, Pinard, Rappa and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 15th day of November
1988.
-mayor Ron Dunin
ATTEST:
City rIerk Pam Uovs
APPROVED:
City A �ministrative Officer
6, Z ity AttoriVy
Community a elopment Director
�� * �
��,rn �
l� -�/
Z 9�' ®
h R O
e 140
ol
8
R
.3 , �1
3�H
re o \ -o
PF
3 O
PIS
® 4
O O T' Y •�i'•� ,• l O
r' O J` •
�• '
®
MOO
lolp
k
r.
r
!• A M S
RESOLUTION NO. 6534, (1988 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE APPLICATION AND THE PROJECT AGREEMENT FOR HISTORY
AND ARCHAEOLOGY GRANT FUNDS FOR THE FREMONT THEATER FROM THE
CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT OF 1988
WHEREAS, the people of California under the California Wildlife, Coastal, and Park
Land Conservation Act of 1988 have authorized the establishment of a History and
Archaeology Grant Program, providing funds to the political subdivisions of the State and
to non - profit organizations for the preservation of significant historical and
archaeological resources; and
WHEREAS, the Office of Historic Preservation is responsible for the administration of
the programs within the State, setting up the necessary rules and procedures governing
the application by local agencies under the program; and
WHEREAS, said adopted procedures established by the Office of Historic Preservation
require the applicant to certify by resolution the approval of the applications prior to
submission of said applications to the State;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo
hereby:
1. Approves the filing of an application for History and Archaeology Grant
assistance for the Fremont Theater project; and
2. Appoints the City Administrative Officer or his authorized deputy the agent of
the City to coordinate, process, and execute all contracts, agreements,
amendments, and ancillary documents within the scope of the attached
application.
On motion of _Councilman Settle seconded by
Counr i 1 woman Pi nard . and on the following roll call vote:
AYES: Councilmembers Settle, Pinard, Rappa, Reiss and Mayor Dunin
NOES: None
ABSENT: None
R6534
O �
Resolution No. 6534 (1988 Series)
Page 2
the foregoing resolution was passed and adopted this 15th day of November; 1988.
—
ayor Ron Dunin
APPROVED:
City Ad inistrative Officer
�.Y
�-Lity Attorn
Community Development Director
0 0
RESOLUTION NO.6437(1988 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE APPLICATION AND THE PROJECT AGREEMENT FOR HISTORY
AND ARCHAEOLOGY GRANT FUNDS FOR THE RODRIGUEZ ADOBE FROM THE
CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT OF 1988
WHEREAS, the people of California under the California Wildlife, Coastal, and Park
Land Conservation Act of 1988 have authorized the establishment of a History and
Archaeology Grant Program, providing funds to the political subdivisions of the State and
to non - profit organizations for the preservation of significant historical and
archaeological resources; and
WHEREAS, the Office of Historic Preservation is. responsible for the administration of
the programs within the State, setting up the necessary rules and procedures governing
the application by local agencies under the program; and
WHEREAS, said adopted procedures established by the Office of Historic Preservation
require the applicant to certify by resolution the - approval of the applications prior to
submission of said applications to the State;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo
hereby:
1. Approves the filing of an application for History and Archaeology Grant
assistance for the Rodriguez Adobe restoration project; and
2. Appoints the City Administrative Officer or his authorized deputy the agent of
the City to coordinate, process, and execute all contracts, agreements,.
amendments, and ancillary documents within the scope of the attached
application.
On motion of_- Councilman Settle seconded by Councilwoman_
Pinard and on the following roll call vote:
AYES: Councilmembers Settle, Pinard, Rappa, Reiss and Mayor Dunin
NOES: None
ABSENT: None
R6437
0
Resolution No. 6437 (1988 Series)
Page 2
0
the foregoing resolution was passed and adopted this 15thday of; November, 1988.
ayor Ron Dunin
ATTEST:
City Clerk Pam Vo es
APPROVED:
City ministrative Officer
MCity Attor
Community Development Director
,�`,� � �
��r»m�
�� �
C 1 •
RESOLUTION NO. 6436 (1988 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE APPLICATION AND THE PROJECT AGREEMENT FOR HISTORY
AND ARCHAEOLOGY GRANT FUNDS FOR THE SOUTHERN PACIFIC WATER TOWER
FROM THE CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND
CONSERVATION ACT OF 1988
WHEREAS, the people of California under the California Wildlife, Coastal, and Park
Land Conservation Act of 1988 have authorized the establishment of a History and
Archaeology Grant Program, providing funds to the political subdivisions of the State and
to non - profit organizations for the preservation of significant historical and
archaeological resources; and
WHEREAS, the Office of Historic Preservation is responsible for the administration of
the programs within the State, setting up the necessary rules and procedures governing
the application by local agencies under the program; and
WHEREAS, said adopted procedures established by the Office of Historic Preservation
require the applicant to certify by resolution the approval of the applications prior to
submission of said applications to the State;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo
hereby:
1. Approves . the filing of an application for History and Archaeology Grant
assistance for the Southern Pacific Water Tower restoration project; and
2. Appoints the City Administrative Officer or his authorized deputy the agent of
the City to coordinate, process, and execute all contracts, agreements,
amendments, and ancillary documents within the scope of the attached
application.
On motion of _Councilman Settle ; seconded by Councilwoman
Pinard and on the following roll call vote:
AYES: Councilmembers Settle, Pinard, Rappa, Reiss and Mayor Dunin
NOES: None
ABSENT: None
R6436
Resolution No. 6436 (1988 Series)
Page 2
the foregoing resolution was passed and adopted this 15thday of„ November; 1988.
d= WPM
49!0' �NUyor Ron Diinin
ATTEST:
Cit Clerk Pa" oges
APPROVED:
City A ministrative Officer
?4—City Attorik
Community Development Director
��!�
�'�Iiyy.� �✓
�-y7 �,
0 9
RESOLUTION NO. 6435(1988 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE APPLICATION AND THE PROJECT AGREEMENT FOR HISTORY
AND ARCHAEOLOGY GRANT FUNDS FOR THE COUNTY MUSEUM
(CARNEGIE LIBRARY) HANDICAPPED ACCESS AND WATERPROOFING PROJECT
FROM THE CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND
CONSERVATION ACT OF 1988
WHEREAS, the people of California under the California Wildlife, Coastal, and Park
Land Conservation Act of 1988 have authorized the establishment of a History and
Archaeology Grant Program, providing funds to the political subdivisions of the State and
to non - profit organizations for the preservation of significant historical and
archaeological resources; and
WHEREAS, the Office of Historic Preservation is responsible for the administration of
the programs within the State, setting up the necessary rules and procedures governing
the application by local agencies under the program; and
WHEREAS, said adopted procedures established by the Office of Historic Preservation
require the applicant to certify by resolution the approval of the applications prior to
submission of said applications to the State;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo
hereby:
1. Approves the filing of an application for History and Archaeology Grant
assistance for the County Museum handicapped access and waterproofing project;
and
2. Appoints the City Administrative Officer or his authorized deputy the agent of
the City to coordinate, process, and execute all contracts, agreements,
amendments, and ancillary documents within the scope of the attached
application.
On motion of Councilman Settle seconded by Councilwoman ..
Pinard and on the following roll call vote:
AYES: Councilmembers Settle, Pinard, Rappa, Reiss and Mayor Dunin
NOES: None
ABSENT: None
R6435
0 0
Resolution No. 6435 (1988 Series)
Page 2
the foregoing resolution was passed and adopted this 15th day of .,-November, 1988-
ayor Ron Dunin
ATTEST:
L �W:2�2
City lerk Pa oges
APPROVED:
City A ministrative Officer
&IC,ity Attorn
Community Development Director
1�-.
Resolution No. 6533 (1988
Series)
THIS NUMBER WAS NOT USED.
R6533
0 0
RESOLUTION No. 6532 (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING REQUESTS FOR FINANCIAL SUPPORT FOR
FOUR HISTORICAL RESIDENTIAL REHABILITATION PROJECTS
(November 1988)
WHEREAS, the city has established a program to provide financial support for the
rehabilitation of historic residential buildings and has entered into an agreement with
the Bank of America to provide rehabilitation loans to eligible projects; and
WHEREAS, application guidelines for the historical preservation financial support
program were published in June 1988; and
WHEREAS, the Community Development Department received four applications for
financial support, totalling $49,546; and
WHEREAS, on October 6, October 20, and November 3, 1988 the Cultural Heritage
Committee reviewed four applications and forwarded recommendations to the City Council.
NOW THEREFORE, be it resolved as follows:
SECTION 1: The four rehabilitation projects, described on Exhibit A and incorporated
by reference, meet evaluation criteria included in the Historical Preservation
Financial Assistance Guidelines (June 1988).
SECTION 2: The Bank of America is hereby authorized to used city funds from the
city's warehouse account to support loans consistent with provisions of the Property
Rehabilitation Loan Agreement between City and Bank of America (April 5, 1988).
SECTION 3: The applicants receiving city support, the amount of the support,
eligible activities, and conditions of rehabilitation shall be as specified on
Exhibit A.
SECTION 4: Consistent with Section 10 of the Property Rehabilitation Loan Agreement,
the city authorized the Bank of America to use city funds as collateral for
rehabilitation loans to the four projects described on Exhibit A.
On motion of Councilman Settle seconded by Councilwoman Pinardand on
the following role call vote:
AYES: Councilmembers Settle, Pinard, Rappa, Reiss and Mayor Dunin
NOES: None
ABSENT:. None
The foregoing resolution was passed and adopted on the 15t1day of November, 1988. .
R6532
O
Resolution No. 6532 (1988 Series)
Page 2
ATTEST:
- 014"� - * I
CI Y CLERK
Pam la Voges
APPROVED:
CITY A MINISTRAT VI E OFFICER
ohn D nn
11 7TY ATT NEY
Roger Picquet
COMMUNITY DEVELOPMENT DIRECTOR
Michael Multari
0
® R
MAYOR Ron Dunin
Ce
�yyid t^
fr
4at
,
o •
EXHIBIT "A"
HISTORICAL PRESERVATION ASSISTANCE PROGRAM
PROJECT 01 SUMMARY SHEET
1. Applicant: Maria Rizzo, 4990 Caballero Avenue, San Luis Obispo, CA 93401
2. Project Location 1789 Santa Barbara Street
3. Historic Building Type: Contributing House
4. Approved support for materials costs: $19,123
S. Eligible Activities: new roof covering for porch, garage and house, new foundation for
house and garage, new windows to match existing design, new baseline siding to match
existing.
6. Conditions of Rehabilitation replacement windows should match the design and form of
original windows; all replacement.siding should match design of original siding.
7. Property Location Map:
O 6 O
� �V—oy
\
t \O �'`4'
YF
'', O
�L
v s
r"
a9:
.
n
Z
- _=
dow
.
n
RESOLUTION NO. 6531 (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO ACCEPTING BID AND AWARDING A CONTRACT
WHEREAS, the Council hereby accepts the bid and authorizes the
Mayor to sign a contract on behalf of the City for the following:
PROJECT: City -wide Telemetry System Communication Link
FUND NO.: 906
BIDDER: Motorola C & E. Inc. BID AMOUNT: $64,347.26
NOW THEREFORE BE IT RESOLVED, that the City Clerk is directed
to prepare the appropriate documents for signature by the
successful bidder and the Mayor.
On motion of -Councilman Settle , seconded
by Councilwoman Pinard and on the following roll call vote:
AYES: Councilmembers Settle, Pinard, Rappa, Reiss and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 15th
day of
November 1988. 98
R Ron Dunin
ATTEST:
CITY CLEr Pam Voges
APPROVED:
yI /
Cit ddmi+ni-str tive Officer
ity At rney
'! F'nan�cne Director
Utilities Director
lib3 /bid
R6531
�� � �
F���
������
�n�
Resolution No. 6530 (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING STAFF TO NEGOTIATE A FORMAL CONTRACT AND AUTHORIZING
THE CITY ADMINISTRATIVE OFFICER TO SIGN A CONSULTANT SERVICES
CONTRACT WITH THE ENVIRONMENTAL CONSULTING FIRM EIP ASSOCIATES.
FOR PREPARATION OF THE IRISH HILL GOLF COURSE HOMESITES /EIR
WHEREAS, the Community Development Director determined that an Environmental Impact
Report (EIR) for the project needed to be prepared; and
WHEREAS, several consulting, firms were solicited to prepare the EIR through a request
for proposal; and
WHEREAS, proposals from five consulting firms were received; and
WHEREAS, the five proposals were reviewed and the firms interviewed.
NOW, THEREFORE BE IT RESOLVED as follows:
SECTION 1. That staff be authorized to negotiate a contract with the top- ranked
firm, EIP Associates, to prepare the EIR.
SECTION 2. That the City Administrative Officer be authorized to sign a consultant
services contact for an amount not to exceed $59,495.00.
On motion of Councilwoman Rappa , seconded by
Councilwoman Pinard and on the following roll call vote:
AYES: Councilmembers Rappa, Pinard, Reiss, Settle and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 15tH day of November
1988.
Mayor Ron Dunin
ATTEST:
- Q� ( G
City Berk Pam Ty
R6530
o �
Resolution No. 65301988 Series)
Page 2
APPROVED:
City administrative Officer
Development Director
%/ �.
����
✓�,�j
� , /. ,O
G �
RESOLUTION NO. X29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING THE SALE OF WATER
ENTERPRISE IMPROVEMENTS TO THE CITY OF
SAN LUIS OBISPO CAPITAL IMPROVEMENT BOARD
AND THE LEASE OF SUCH IMPROVEMENTS BACK FROM
SUCH BOARD, APPROVING RELATED AGREEMENTS,
OFFICIAL STATEMENT, AND COMPETITIVE SALE OF
$5,000,000 CERTIFICATES OF PARTICIPATION
WHEREAS, the City of San Luis Obispo (the "City ") is currently proceeding
to finance the costs of various capital improvements with respect to the water
enterprise of the City (the "Enterprise "); and
WHEREAS, the City of San Luis Obispo Capital Improvement Board (the
"Board ") has been formed for the purpose of assisting the City in financing the
acquisition, construction, and improvement of property which is of benefit to
the City; and
WHEREAS, to accomplish such financing the City has proposed to sell certain
facilities of the Enterprise (the "Facilities ") to the Board pursuant to the
Acquisition Agreement dated as of December 1, 1988, (the "Acquisition
Agreement') and to lease the Facilities back from the Board pursuant to the
Lease Agreement dated as of December 1, 1988 (the "Lease Agreement "); and
WHEREAS, for the purpose of obtaining the moneys required to finance the
acquisition of the Facilities under the Acquisition Agreement, the Board
proposes to assign and transfer certain of its rights under the Lease Agreement
to a trustee bank (the "Trustee ") pursuant to that certain Assignment Agreement
dated as of December 1, 1988, (the "Assignment Agreement ") by and between the
Board and the Trustee; and
WHEREAS, in consideration of such assignment and the execution of that
certain Trust Agreement dated as of December 1, 1988, (the "Trust Agreement ")
by and among the Board, the City, and the Trustee, the Trustee will execute and
deliver Certificates of Participation in the principal amount of $5,000,000
(the "Certificates of Participation "), each evidencing an undivided fractional
interest in the Lease Payments made by the City under the Lease Agreement; and
WHEREAS, the City and the Board have determined to sell the Certificates of
Participation at competitive sale, and the firm of Evensen Dodge, Inc. (the
"Financial Adviser ") is assisting the City and the Board in such sale of the
Certificates of Participation and has caused to be prepared an Official
Statement describing the Certificates of Participation, to be used in
connection with such sale; and
WHEREAS, the City Council approves of said transactions as being in the
public interests of the City;
R6529
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. Sale of Facilities: Annroval of Acquisition Agreement. The
City hereby approves the sale of the Facilities by the City to the Board
pursuant to, and subject to the terms and conditions of, the Acquisition
Agreement in substantially the form on file with the City Clerk, together with
any changes therein or additions thereto deemed advisable by the City
Administrative Officer, whose execution thereof shall be conclusive evidence of
his approval of such changes and additions. The Board hereby authorizes and
directs the City Administrative Officer to execute, and the City Clerk to
attest and affix the seal of the City to, said form of the Acquisition
Agreement for and in the name of the City.
SECTION 2. Lease of Facilities: Annroval of Lease Agreement. The City
Council hereby approves the lease of the Facilities by the City from the Board
pursuant to, and subject to the terms and conditions of, the Lease Agreement in
substantially the form on file with the City Clerk, together with any changes
therein or additions thereto deemed advisable by the City Administrative
Officer, whose execution thereof shall be conclusive evidence of his approval
of such changes and additions. The City Council hereby authorizes and directs
the City Administrative Officer to execute, and the City Clerk to attest and
affix the seal of the City to, said form of the Lease Agreement for and in the
name of the City. The schedule of lease payments set forth in the Lease
Agreement shall conform to the schedule of principal and interest payments
represented by the Certificates of Participation as determined pursuant to
Section 4 hereof.
SECTION 3. Trust Agreement. The City Council hereby approves the Trust
Agreement in substantially the form on file with the City Clerk together with
any changes therein or additions thereto deemed advisable by the City
Administrative Officer, whose execution thereof shall be conclusive evidence of
his approval of such changes and additions. The City Council hereby authorizes
and directs the City Administrative Officer to execute, and the City Clerk to
attest and affix the seal of the City to, said form of the Trust Agreement for
and in the name of the City.
SECTION 4. Sale -of- Certificates of Participation. The City Council hereby
approves the Competitive sale of the Certificates of Participation, and hereby
calls for the receipt of bids on the Certificates of Participation on Tuesday,
December 13, 1988, at the hour of 10:00 a.m. in the office of Jones Hall Hill &
White at Four Embarcadero Center, Suite 1950, San Francisco, California. The
Director of Finance is hereby authorized and directed for and in the name on
behalf of the City to accept the bid of the best responsible bidder; provided
that the purchase price to be paid for the Certificates of Participation shall
be at least ninety -eight (98%) of the par value thereof, and the weighted
average rate of interest represented by the Certificates shall not exceed eight
and three - quarters percent (8 -3/4 %) per annum. The Certificates of
Participation shall be sold pursuant to and in accordance with the provisions
of the Official Notice of Sale in substantially the form on file with the City
Clerk, which is hereby approved as the official notice of sale of the
Certificates of Participation.
-2-
0
SECTION 5. Publication of Notice of Intention. In accordance with the
requirements of Section 53692 of the California Government Code, the Director
of Finance is hereby authorized and directed to execute, and Jones Hall Hill &
White, A Professional Law Corporation, as bond counsel to the City, is hereby
authorized and directed to cause to be published, the Notice of Intention to
Sell Certificates of Participation in substantially the form on file with the
City Clerk. Such publication shall be made once no later than November 28,
1988, in a financial journal published in the State of California.
SECTION 6. Official Statement. The City Council hereby approves the
preliminary Official Statement describing the Certificates of Participation, in
the form submitted by the Financial Adviser and on file with the City Clerk,
together with any changes therein or additions thereto deemed advisable by the
Director of Finance, whose execution thereof shall be conclusive evidence of
his approval of any such changes or additions. The City Council hereby
approves and authorizes the distribution by the Financial Adviser and by the
purchaser of the Certificates of Participation of said Official Statement to
prospective purchasers of the Certificates of Participation. The Director of
Finance is hereby authorized and directed to approve any changes in or
additions to the final form of such Official Statement as the Director of
Finance shall deem advisable, and to execute said final Official Statement for
and in the name and on behalf of the City.
SECTION 7, Official Actions. The City Administrative Officer; the
Director of Finance, the City Clerk, the City Attorney, and all other officers
and representatives of the City are each authorized and directed in the name
and on behalf of the City to make any and all assignments, certificates,
requisitions, agreements, notices, consents, instruments of conveyance,
warrants, and other documents, which they or any of them might deem necessary
or appropriate in order to consummate any of the transactions contemplated by
the documents approved pursuant to this Resolution.
SECTION 8. Effective Date. This Resolution shall take effect from and
after the date of its passage and adoption.
On motion of Councilman Settle seconded
by Councilwoman Pinard _ and on the following roll call
vote:
AYES: Councilmembers Settle, Pinard, Rappa, Reiss and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 15th day of November,
1988.
-3-
L�
.0r �on Du
ATTEST:
v
City C rk Pam. Vog s
APPROVED:
City Ad inistrative Officer
Director of Finance
-4-
W
�i /� �
�,�,�� � �
o 0
RESOLUTION NO. 6528 ( 1988 Series)
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
CITY OF SAN LUIS OBISPO CAPITAL IMPROVEMENT
BOARD APPROVING THE PURCHASE OF WATER ENTERPRISE
IMPROVEMENTS FROM THE CITY OF SAN LUIS OBISPO
AND THE LEASE OF SUCH IMPROVEMENTS BACK TO THE
CITY, APPROVING RELATED AGREEMENTS, OFFICIAL
STATEMENT, AND COMPETITIVE SALE OF $5,000,000
CERTIFICATES OF PARTICIPATION
WHEREAS, the City of San Luis Obispo (the "City ") is currently proceeding
to finance the costs of various capital improvements with respect to the water
enterprise of the City (the "Enterprise "); and
WHEREAS, the City of San Luis Obispo Capital Improvement Board (the
"Board ") has been formed for the purpose of assisting the City in financing the
acquisition, construction, and improvement of property which is of benefit to
the City; and
WHEREAS, to accomplish such financing the City has proposed to sell certain
facilities of the Enterprise (the "Facilities ") to the Board pursuant to the
Acquisition Agreement dated as of December 1, 1988, (the "Acquisition
Agreement ") and to lease the Facilities back from the Board pursuant to the
Lease Agreement dated as of December 1, 1988 (the "Lease Agreement "); and
WHEREAS, for the purpose of obtaining the moneys required to finance the
acquisition of the Facilities under the Acquisition Agreement, the Board
proposes to assign and transfer certain of its rights under the Lease Agreement
to a trustee bank (the "Trustee ") pursuant to that certain Assignment Agreement
dated as of December 1, 1988, (the "Assignment Agreement ") by and between the
Board and the Trustee; and
WHEREAS, in consideration of such assignment and the execution of that
certain Trust Agreement dated as of December 1, 1988, (the "Trust Agreement ")
by and among the Board, the City, and the Trustee, the Trustee will execute and
deliver Certificates of Participation in the principal amount of $5,000,000
(the "Certificates of Participation "), each evidencing an undivided fractional
interest in the Lease Payments made by the City under the Lease Agreement; and
WHEREAS, the City and the Board have determined to sell the Certificates of
Participation at competitive sale, and the firm of Evensen Dodge, Inc. (the
"Financial Adviser ") is assisting the City and the Board in such sale of the
Certificates of Participation and has caused to be prepared an Official
Statement describing the Certificates of Participation, to be used in
connection with such sale; and
WHEREAS, the Board of Directors approves of said transactions as being in
the public interests of the Board;
R6528
•
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the City of San
Luis Obispo Capital Improvement Board as follows:
SECTION I. Purchase of Facilities: Aonroval of Acquisition Agreement. The
Board of Directors hereby approves the purchase of the Facilities by the Board
from the City pursuant to, and subject to the terms and conditions of, the
Acquisition Agreement in substantially the form on file with the Secretary,
together with any changes therein or additions thereto deemed advisable by the
Executive Director, whose execution thereof shall be conclusive evidence of his
approval of such changes and additions. The Board hereby authorizes and
directs the Executive Director, and the Secretary to attest and affix the seal
of the Board to, said form of the Acquisition Agreement for and in the name of
the Board.
SECTION 2. Lease of Facilities: Aonroval of Lease Agreement. The Board of
Directors hereby approves the lease of the Facilities by the Board to the City
pursuant to and subject to the terms and conditions of, the Lease Agreement in
substantially the form on file with the Secretary, together with any changes
therein or additions thereto deemed advisable by the Executive Director, whose
execution thereof shall be conclusive evidence of his approval of such changes
and additions. The Board of Directors hereby authorizes and directs the
Executive Director to execute, and the Secretary to attest and affix the seal
of the Board to, said form of the Lease Agreement for and in the name of the
Board. The schedule of lease payments set forth in the Lease Agreement shall
conform to the schedule of principal and interest payments represented by the
Certificates of Participation as determined pursuant to Section 5 hereof.
SECTION 3. Assignment Agreement. The Board of Directors hereby approves
the Assignment Agreement in substantially the form on file with the Secretary
together with any changes therein or additions thereto deemed advisable by the
Executive Director, whose execution thereof shall be conclusive evidence of his
approval of such changes and additions. The Board of Directors hereby
authorizes and directs the Executive Director to execute, and the Secretary to
attest and affix the seal of the Board to, said form of the Assignment
Agreement for and in the name of the Board.
SECTION 4. Trust Agreement. The Board of Directors hereby approves the
Trust Agreement in substantially the form on file with the Secretary together
with any changes therein or additions thereto deemed advisable by the Executive
Director, whose execution thereof shall be conclusive evidence of his approval
of such changes and additions. The Board of Directors hereby authorizes and
directs the Executive Director to execute, and the Secretary to attest and
affix the seal of the Board to, said form of the Trust Agreement for and in the
name of the Board.
SECTION 5. Sale of Certificates of Participation. The Board of Directors
hereby approves the competitive sale of the Certificates of Participation, and
hereby calls for the receipt of bids on the Certificates of Participation on
Tuesday, December 13, 1988, at the hour of 10:00 a.m. in the office of Jones
-2-
Hall Hill & White at Four Embarcadero Center, Suite 1950, San Francisco,
California. The Chief Financial Officer is hereby authorized and directed for
an in the name and on behalf of the Board to accept the bid of the best
responsible bidder; provided that the purchase price to be paid for the
Certificates of Participation shall be at least ninety -eight percent (98%) of
the par value thereof, and the weighted average rate of interest represented by
the Certificates of Participation shall not exceed eight and three- quarters
percent (8 -3/4%) per annum. The Certificates of Participation shall be sold
pursuant to and in accordance with the provisions of the Official Notice of
Sale in substantially the form on file with the Secretary, which is hereby
approved as the official notice of sale of the Certificates of .Participation.
SECTION 6. Official Statement, The Board of Directors hereby approves the
preliminary Official Statement describing the Certificates of Participation, in
the form submitted by the Financial Adviser and on file with the Secretary,
together with any changes therein or additions thereto deemed advisable by the
Chief Financial Officer, whose execution thereof shall be conclusive evidence
of his approval of any such changes or additions. The Board of Directors
hereby approves and authorizes the distribution by the Financial Adviser and by
the purchaser of the Certificates of Participation of said Official Statement
to prospective purchasers of the Certificates of Participation, The Chief
Financial Officer is hereby authorized and directed to approve any changes in
or additions to the final form of such Official Statement as the Chief
Financial Officer shall deem advisable, and to execute said final Official
Statement for and in the name and on behalf of the Board.
SECTION 7. Official Actions. The Executive Director, the Chief Financial
Officer; the Secretary, the Board Attorney, and all other officers and
representatives of the Board are each authorized and directed in the name and
on behalf of the Board to make any and all assignments, certificates,
requisitions, agreements, notices, consents, instruments of conveyance,
warrants, and other documents, which they or any of them might deem necessary
or appropriate in order to consummate any of the transactions contemplated by
the documents approved pursuant to this Resolution.
SECTION 8. Effective Date, This Resolution shall take effect from and
after the date of its passage and adoption.
On motion of Councilman Settle seconded
by Coucilwoman Pinard and on the following roll call
vote:.
AYES: Councilmembers Settle, Pinard, Rappa, Reiss and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted . this 15th day of November,
1988.
-3-
0 0
ayor�kon Dunin
ATTEST:
_City C�erk Pam
APPROVED:
Executive D ector
Board Att rney
Chief Financial Officer
-4-
,' le. � �
����� �--
r'
RESOLUTION NO. 6527 (1988 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO
AWARDING THE CONTRACT FOR
THE DOWNTOWN SIGNAL UPGRADE, PHASE 2
CITY PLAN NO. G -07E
WHEREAS, the City received bids for the Downtown Signal Upgrade Project,
Phase 2, City Plan No. G -07E, and
WHEREAS, the Engineer's Estimate was $270,000.00, and
WHEREAS, the low bid was received from Lee Wilson Electric of Arroyo Grande
in the amount of $264,558.00, and
WHEREAS, there are funds available from the Capital Improvement Program for
the signal portion of this project, and
WHEREAS, the Fire Department requested pre - emption equipment be included in
the project, and the pre - emption equipment was not budgeted for with the
original project,
NOW THEREFORE BE IT RESOLVED, the following items:
1. Award contract to Lee Wilson Electric of Arroyo Grande.
2. Direct the City Clerk to prepare the appropriate documents for
signature by the successful bidder and the Mayor.
3. Authorize the Mayor to execute the contract documents.
4. Authorize the use of Capital Outlay Monies to cover the cost of
providing Emergency Vehicle Pre - emption equipment as part of the Downtown
Signal Upgrade.
On motion of Mayor Dunin , seconded by Councilman Reiss
and on the following roll call vote:
AYES: Mayor Dunin, Councilmembers Reiss and Settle
NOES: Councilmembers Pinard and Rappa
ABSENT: None
R6521
the foregoing Resolution was passed and adopted this 1st day of
November , 1988.
MAYOR Ron Dunin
ATTEST:
APPROVED:
City Ad inistrative Officer
City A torney
//09
A ,-
City En, neer i.rector of Finance
Fire Chief
bl6 /gO7e -award
by
uhf
® •
RESOLUTION NO. 6526 (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING APPROVAL OF A TWELVE -MONTH TIME EXTENSION FOR
TRACT 1311 LOCATED AT 3195 MCMILLAN STREET
WHEREAS, the subdivider requests a twelve -month time extension to complete
processing of the final map; and
WHEREAS, reasonable progress has been made toward completing subdivision
improvements and filing of the final map; and
WHEREAS, the circumstances and findings.of original tract approval are unchanged;
NOW; THEREFORE, the City Council resolves as follows:
Section 1. That Traci 1311 is granted a twelve -month time extension to October 7,
1989, subject to original tract map findings and conditions as specified in City Council
Resolution No. 6098 (1986 Series) attached hereto.
On motion of Councilwoman Ranpa, seconded by flavor Duni n
and on the following roll call vote:
AYES: Councilmembers Rappa, Mayor Dunin, Pinard, Reiss and Settle
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 1st day of November
1988.
unin
ATTE :-\
_ LA
City qicik Pam Xoges
R6526
•
Resolution N0.6526(1988 Series)
Tract 1311
Page 2
APPROVED:
City A ministrative Officer
JIL.City At me
y
Community Development Director
I*
�i �� • •
�����
-� �
��p� --
RESOLUTION NO. 6525 (1988 SERIES)
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO UPHOLDING AN APPEAL OF THE PLANNING COMMISSION'S
ACTION AND DENYING A SIDEYARD REDUCTION AT 109 CERRO ROMAULDO
(A 103 -88)
WHEREAS, the Administrative Hearing Officer approved Use Permit Application A 103 -88
at a public hearing conducted on August 14, 1988; and
WHEREAS, the Planning Commission considered an appeal of the Hearing Officer's action
at a public hearing conducted September 19, 1988, and determined to uphold the action of
the Hearing Officer; and
WHEREAS, on September 23, 1988, appellant filed an appeal requesting that the council
deny the use permit; and
WHEREAS, on November 1, 1988, the City Council conducted a duly noticed public
hearing to consider the testimony of the appellant and other interested parties.
NOW, THEREFORE, the council of the City of San Luis Obispo upholds the appeal and
takes an action to deny Use Permit A 103 -88, thereby denying a reduction of the required
sideyard setback from 10 feet to 5 feet along the west property line for a house to be
built at 109 Cerro Romauldo as approved by the Hearing Officer and Planning Commission,
subject to the following findings:
SECTION 1. Findines.
1. The proposed exception will adversely .affect the safety and welfare of persons
residing or working on the site or in the vicinity, because it will be detrimental to
neighborhood character.
2. Granting the exception is strictly discretionary and convincing reasons supporting
the need and /or value of the exception were not found.
0 0
Resolution No. 6525 (1988 Series)
Use Permit A103 -88
Page 2
On motion of Councilman Settle ,seconded by Councilwoman
Pinard and on the following roll call vote:
AYES: Councilmembers Settle, Pinard, Rappa and Mayor Dunin
NOES: Councilman Reiss
ABSENT: None
the foregoing document was passed and adopted this 1st day of November
1988.
l
ayor Ron Dunin
ATTEST:
i U
City Jerk Pam o es
APPROVED:
City A ministrative Officer
-7'51�-k �-- JL:ot-��
�( ity Attor y
Community Development Director
F���
���� ��_
��� ����
?�,� �
RESOLUTION NO. 6098 (1986 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 1311
LOCATED AT 3195 MCMILLAN AVENUE
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findinsts That this council, after consideration of the tentative map of
Tract 1399 and the Planning Commission's recommendations, staff recommendations and
reports thereon, makes the following findings:
1. The design of the subdivision and proposed improvements are consistent with the
general plan.
2. The site is physically suited for the type and density of development allowed in a
C -S zone.
3. The design of the subdivision 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.
4. The design of the subdivision or the type of improvement will not conflict with
easement for access through (or use of property within) the proposed subdivision.
5. The Community Development Director has determined that the proposed subdivision will
not have a significant effect on the environment and has granted a negative
declaration.
SECTION 2. Conditions. That the approval of the tentative map for Tract 1311 be
subject to the following conditions:
1. Conditions, Covenants and Restrictions (CC &R's) for the tract shall contain the
following provisions:
a. Property owners association shall be created to, enforce the CC &R's and provide
for professional, perpetual maintenance of common areas including but not
limited to driveway, parking lot, landscaping, utilities and building exteriors.
b. Grant to the City of San Luis Obispo, the right to maintain common areas if the
property owners association fails to do so, and to assess said association for
expenses incurred.
c. All parking spaces provided in the project shall be available for use by all of
the individual owners..
d. Ownership of air -space .units shall be limited to not more than I 1 separate
ownerships. Ownership of air -space units shall not be sold or otherwise.
transferred in such a way as to conflict with any law or regulation, including
but not limited to city fire and building codes.
R 6098
Resolution No. 6698
Tract 131.1
Page 2
(1986 Series)
2. There shall be no change in. city - regulated provisions of the CC &R's without prior
approval of the Community Development. Department.
.3. Subdivider shall provide individual water services for each unit. Meters shall be
clustered to the approval of City Engineer.
4. Subdivider shall provide individual gas and electrical services and metering for each
unit to the approval of affected public utility agencies and the City Engineer.
5. Final map shall note a blanket easement over the common lot area, except under the
structures, for underground public utilities serving the site, to the approval of the
City Engineer and affected utility companies.
On motion of Councilman. .seconded by Councilwoman Rappa
and on the following roll call vote:
AYES: Councilmembers Settle, Rappa, Dovey, Griffin and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 7h day of October 1986.
0
yor Ron Dunin
A
knat-LL- (Jio '�V
Citk Clerk Pamela oges
Resolution No. 6098 (1986 Series)
Tract 1311
Page 3
APPROVED:
City Administrative Officer
City Att ney
Community Development Director