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RESOLUTION NO.3 4.9 (1998 Series)
A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO
ACCEPTING A NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE AND
ANNUAL TAX INCREMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO
AND THE CITY OF SAN LUIS OBISPO FOR THE BOLDUAN ANNEXATION
AT 2246 FLORA STREET (SLO COUNTY ANNEXATION #51)
WHEREAS, in the case of a jurisdictional change other than a city incorporation or
district formation which will alter the service area or responsibility of a local agency, Revenue
and.Taxation Code Section 99(a)(1) requires that the amount of property tax revenue to be
exchanged, if any, and the amount of annual tax increment to be exchanged among the affected
local agencies shall be determined by negotiation; and
WHEREAS, when a city is involved, the negotiations are conducted between the City
Council and the Board of Supervisors of the County; and
WHEREAS, when a special district is involved, the negotiations are conducted by the
Board of Supervisors of the County on behalf of the district or districts, unless otherwise
requested by said district or districts pursuant to Revenue and Taxation Cod_ a Section 99(b)(5)
and
WHEREAS, Revenue and Taxation Code Section 99(b)(6) requires that each local
agency, upon completion of negotiations, adopt resolutions whereby said local agencies agree to
accept the negotiated exchange of property tax revenues, if any, and annual tax increment and
requires that each local agency transmit a copy of each such resolution to the Executive Officer
of the Local Agency Formation Commission; and
WHEREAS, no later than the date on which the certificate of completion of the
jurisdictional change is recorded with the County Recorder, the Executive Officer shall notify the
County Auditor of the exchange of property tax revenues by transmitting a copy of said
resolution to him and the County Auditor shall thereafter make the appropriate adjustments as
required by law; and
WHEREAS, the negotiations have taken place concerning the transfer of property tax
revenues and annual tax increment. between the County of San Luis Obispo and the City of San
Luis Obispo pursuant to Section 99(a)(1) for the jurisdictional change designated as Annexation
No. 51 to the City of San Luis Obispo (Bolduan Annexation); and
WHEREAS; the negotiating parties, to wit: Lee Williams, deputy County Administrator,
County of San Luis Obispo, and Ken Hampian, Assistant City Administrative Officer, have
negotiated the exchange of property tax revenue and annual tax increment between such entities
as hereinafter set forth; and
WHEREAS, it is in the public interest that such negotiated exchange of property tax
revenues and annual tax increment be consummated.
K -8849 _-
8849
Resolution No. (1998 Series)
Page 2
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo, as follows:
1, That the recitals set forth above are true, correct, and valid.
2. That the City of San Luis Obispo agrees to accept the following negotiated
exchange of base property tax.revenues and annual tax increment:
(a) No base property tax.revenue shall be transferred from the County of San
Luis Obispo to the City of San Luis Obispo.
(b) No annual tax increment shall be transferred from the County of San Luis
Obispo to the City of San Luis Obispo in the fiscal year 1999 -2000 and each fiscal year
thereafter.
(c) After the City portion is transferred, all annual tax increment for the
County Road Fund shall be transferred to the County General Fund.
3. Upon receipt of a certified copy of this resolution and a copy of the recorded
certificate of completion, the County Auditor shall make the appropriate adjustments to property
tax revenues and annual tax increments as set forth above.
4. That the City Clerk is authorized and directed to transmit a certified copy of the
resolution to the Executive Officer of the San Luis Obispo Local Agency Formation
Commission, who shall then distribute copies in the manner prescribed by law.
On motion of Williams seconded by . Romero and on
the following roll call vote:
AYES: Council Members Williams, Romero, Roalman, Schwartz and Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 15thday ofagatember , 1998.
Mayor Allen Settle
8849 �.
Resolution No. (19981..—.ies)
Page 3
APPROVED:
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CityAttorney
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RESOLUTION NO. $841998 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT NO. 1750 (Unit 5)
WHEREAS, the City Council made certain findings concerning Tract 1750 as contained
in Resolution No. 6874 (1990 Series), and
WHEREAS, Conditions 2 and 37 of said Resolution No. 6874 (1990 Series) require the
developer to secure access and improvement rights to construct bikeway improvements within
the existing railroad Right of Way and culvert, which was denied by the prior owner (Southern
Pacific Transportation Co.), and
WHEREAS, all other conditions required per Resolution No. 6874 (1990 Series) for Unit
5 of said Tract No. 1750 have been satisfactorily met or are guaranteed under the attached
Subdivision Agreement (Exhibit A) and surety to guarantee the Faithful Performance ($ 757,200)
and payment for Labor & Materials ($ 368,600).
NOW THEREFORE BE IT RESOLVED that final map approval is hereby granted for
Tract No. 1750 (Unit 5) and the Mayor is authorized to: 1) execute the Subdivision Agreement,
2) accept the grant deeds for Lot 58 (Creekway) in fee title and for the open space easement over
Lot 60, on behalf of the City, 3) execute the Common Driveway Agreement affecting Lots 13, 14
and 15 which is to be recorded concurrently with the final map.
The subdivider shall initiate acquisition of the above- referenced rights from Union
Pacific Railroad Company (UPRR) to install, and the City to maintain upon acceptance of the
work, the required bike path improvements within the UPRR Right of Way and culvert. These
rights shall be acquired prior to acceptance of the subject tract improvements and/or prior to final
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Resolution No. 8848 (1998 Series)
Page Two
map approval for Unit 6 of Tract 1750. If the subdivider fails to acquire said rights and submits
satisfactory evidence of due diligence in this regard, to the satisfaction of the City Attorney, the
City Attorney is authorized to pursue eminent domain proceedings against the UPRR, pursuant
to Section 66462.5 of the California Government Code (Subdivision Map Act), at subdivider's
cost.
Council Member Williams Vice Mayor Romero
On motion of ,seconded by and
on the following roll call vote:
AYES: Council Members Williams, Romero, Roalman, Schwartz and Mayor Settle
NOES: None
ABSENT: None
the foregoing Resolution was passed and ado ted this. 15th da of September 1998.
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Lee Price; City Clerk
APPROVED AS TO FORM:
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I: \Council Agenda Reports\Final map approval resolution - Tract 1750 (U5)
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SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this 1— day of �er�g by and between The
Arbors -San Luis Obispo, L.P., A California Limited Partnership, herein referred to as
"Subdivider, "and the CITY OF SAN LUIS OBISPO, herein referred to as the "City."
RECITALS
REFERENCE IS HEREBY MADE to that certain proposed subdivision of real property in
the City of San Luis Obispo, County of San Luis Obispo, State of California, a description of
which is shown on the Final Map of Tract 1750, Unit 5, City of San Luis Obispo, California, as
approved by the City Council an the 15 day of _September ,19 98.
The Subdivider desires that said Tract No. 1750, Unit 5, be accepted and approved as a
Final Map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 17 of the .
San Luis Obispo Municipal Code), and
It is a condition of said regulations that the Subdivider agree to install the improvements
as set forth on the plans therefore.
TERMS AND CONDITIONS:
In consideration of the foregoing, the Subdivider does hereby agree to construct and
install the following subdivision improvements in accordance with said subdivision regulations,
and in accordance with approved plans and specifications on file in the office of the City
Engineer, City of San Luis Obispo, to wit:
1_
2.
3.
4.
CURB, GUTTERS AND SIDEWALKS
STREET BASE AND SURFACING
WATER MAINS and SEWER MAINS, including sewer laterals to the property line and
water services to the curb stop.
DRAINAGE STRUCTURES
1
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5. ORNAMENTAL METAL ELECTROLIERS
6. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION; In addition to the inspection
and approval of such facilities by the City, each public utility shall be required to file a
letter stating that the developer has properly installed all facilities to be provided by him,
and that the said utility is prepared to provide service to residents upon request_
7. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by City regulations.
All of the above facilities shall be installed in the locations designated and to the plans and
specifications on file and approved by said City Engineer.
The lines and grades for all of said improvements shall be established by the Subdivider
in accordance with said approved plans and specifications.
The Subdivider agrees that the work of installing the above improvements shall begin
within thirty (30) days from the date of recording of the final map, and that the work shall be
completed within eighteen (18) months of said recording date, unless an extension has been
granted by the City, provided that if completion of said work is delayed by acts of God or labor
disputes resulting in strike action, the Subdivider shall have an additional period of time
equivalent to such period of delay in which to complete such work. Any extension of time
hereunder shall not operate to release the surety on the Improvement Security filed pursuant to
this agreement. In this connection, the surety waives the provisions of Section 2819 of the Civil
Code of the State of California.
No building permits will be issued nor occupancy granted after the expiration date of the
agreement until completion and acceptance of all public improvements unless specifically
approved by the City.
The Subdivider does also agree to comply with the conditions established by the Planning
Commission and/or the City Council and has paid the necessary fees as indicated on the
attached Exhibits 1 and 2.
2
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The restoration of lost section comers and retracement of section lines within the
Subdivision shall be in accordance with Article 5, paragraph 8771 et seq., of the Professional
Land Surveyors Act, Chapter 15 of the Business and Professions Code of the State of California.
The Subdivider has submitted an instrument of credit or bond approved by. and in favor
of the City of San Luis Obispo, as security for the performance of this agreement, and
conditional upon the faithful performance of this agreement. Said instrument of credit or bond
shall be in the total amount of $ 757,200.00, which is the amount of the estimated cost of said
improvements. Subdivider agrees to remedy any defects in the improvements arising from faulty
workmanship or materials or defective construction of said improvements occurring within twelve
(12) months after acceptance thereof. In accordance with Sections 66499.7 and 66499.9 of the
Government Code of the State of California, upon final completion and acceptance of the work,
City will release all but 10% of the improvement security, that amount being deemed sufficientto
guarantee faithful performance by the Subdivider of his obligation to remedy any defects in the
improvements arising within a period of one year following the completion and acceptance
thereof.
Completion of the work shall be deemed to have occurred on the date which the City
Council shall, by resolution duly passed and adopted, accept said improvements according to
said plans and specifications, and any approved modifications thereto. Neither periodic nor
progress inspections or approvals shall bind the City to accept said improvements or waive any.
defects in the same or any breach of this agreement.
If the Subdivider fails to complete the work within the prescribed time, the Subdivider
agrees that City may, at its option, declare the instrument of credit or bond which has been
posted by Subdivider to guarantee faithful performance, forfeited and utilize the proceeds to
complete.said improvements, or City may complete said improvements and recover the full cost
3
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and expense thereof from the Subdivider or his surety.
The Subdivider agrees to deposit with the City a labor and materials bond in the amount
of 50% of the above described subdivision improvements in accordance with State law.
Said Subdivider has paid an inspection fee of $19,495.00, for City to inspect installation of
said subdivision improvements, and verify that they have been completed in accordance with the
plans and specifications.
Title 16 of the San Luis Obispo Municipal Code, entitled "Subdivision,' all plans and
specifications on file with said City Engineer as a part of said Subdivision Map, and all other
documents filed with the City by the Subdivider and approved by the City Engineer are hereby
referred to for further particulars in interpreting and defining the obligations of the Subdivider
under this agreement.
It is understood and agreed by and between the Subdivider and the City hereto that this
agreement shall bind the heirs, executors, administrators, successors and assigns of the
respective Parties to this agreement.
It is agreed that the Subdivider will fumish copies of the successful bidder's contract unit
prices and total bid prices for all of the improvements herein referred to.
IN WITNESS WHEREOF, this agreement has been executed by
SUBDIVIDER
The Arbors -San Luis Obispo, L.P.,
a California Limited Partnership,
By: HHP /MS #4 GP, LLC, a California
Liability Company, General Partner
By: Hearthstone Advisors, Inc., a
C d rnia Corporation, Manager
Richard O. mer, Chairman
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CITY OF SAN L OBISPO
MAYOR AfWk Settle
Lee Price;-C.M.C.
City Clerk
APPROVED AS TE
G.Jorgensen
APP OVED Ag TO CONTENT:
CITY ENGINEER
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RESOLUTION NO. 8847 (1998 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING APPLICATION FOR GRANT FUNDS FROM THE CALIFORNIA
DEPARTMENT OF FISH AND GAME FOR THE PROJECT KNOWN AS
UPPER PREFUMO CREEK FISH BARRIER REMOVAL
WHEREAS, the California Department of Fish and Game ( "Department ") has
requested proposals for fishery restoration work throughout the State of California,
WHEREAS, the Department has stated in its request for proposals that projects
intended to particularly benefit salmonid resources of the State will receive highest priority
for funding; and
WHEREAS, The City of San Luis Obispo maintains a strong interest in the
potential for improvement of salmonid habitat within San Luis Obispo Creek and its
tributaries: and
WHEREAS, City staff have identified several projects on San Luis Obispo Creek
and its tributaries which could improve salmonid habitat on said streams.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Luis Obispo hereby:
1. Authorizes the filing of an application for .grant funds from the California Salmon
and Steelhead Trout Restoration Account; and
2. Appoints the City Administrative Officer as agent of the City to conduct all
negotiations, execute and submit all documents, including, but not limited to, applications,
agreements, amendments, payment requests and so on, which may be necessary for the
completion of the aforementioned project.
Approved and adopted this 15th day of September, 1998.
On motion of Williams , seconded by Romero and
on the following roll call vote:
AYES: Council Members Williams, Romero, Roalman, Schwartz and Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 15th day of September , 1998.
U
Alle K. Settle, ayor
ATTEST-
Lee Price, City Clerk
R -RRG7
Resolution No. 0347 (`)8 Series) --
Page Two
APPROVED AS TO FORM:
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RESOLUTION NO. 8846
(1998 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING APPLICATION FOR GRANT FUNDS FOR THE LOCAL AGENCY
GRANT PROGRAM - FISCAL YEAR 1999 -2000 UNDER THE HABITAT
CONSERVATION FUND PROGRAM OF THE CALIFORNIA WILDLIFE
PROTECTION ACT OF 1990 FOR ACQUISITION OF THE MORGANTI PROPERTY
WHEREAS, the People of the State of California have enacted the California Wildlife
Protection Act of 1990, which provides funds to the State of California for grants to local
agencies to acquire and/or develop facilities for public recreational fish and wildlife habitat
protection purposes; and
WHEREAS, the State Department of Parks and Recreation has been delegated the
responsibility for the administration of a portion of the program within the state, setting up
necessary procedures governing application by local agencies under the program; and
WHEREAS, said procedures established by the State Department of Parks and
Recreation require the applicant to certify by resolution the approval of the application before
submission of said application to the State; and
WHEREAS, the applicant will enter into an agreement with the State of California for
acquisition or development of the project;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Luis Obispo hereby:
1. Authorizes the filing of an application for the Habitat Conservation Fund Grant Program
under the California Wildlife Protection Act of 1990 state grant assistance for the Morganti
property acquisition project for purposes of habitat protection and enhancement; and
2. Certifies that said applicant understands the assurances and certification in the application
form; and
3. Certifies that said applicant has or will have available prior to commencement of any
work on the project included in this application, the required match and will.have sufficient funds
to operate and maintain the project, and
4. Appoints the City Administrative Officer as agent of the City to conduct all negotiations,
execute and submit all documents, including, but not limited to, applications, agreements,
amendments, payment requests and so on, which may be necessary for the completion of the
aforementioned project.
D -00 /l
Resolution No. 8846 (1998 Series)
Page 2
On motion of Councilmember Williams , seconded by Councilmember Romero
and on the following roll call vote:
AYES: Council Members Williams, Romero, Roalman, Schwartz and Mayor Settle
NOES: None
ABSENT: None.
The foregoing resolution was adopted this 15th day of September , 1998.
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Allen K. Settle, Mayo
Lee Price, City Clerk
APPROVED AS TO FORM:
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RESOLUTION NO. 8845 (1998 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL
ENHANCEMENT AND MITIGATION PROGRAM UNDER SECTION 164.56 OF THE
STREETS AND HIGHWAYS CODE FOR THE PROJECT KNOWN AS
HASTINGS / SHEFFER PROPERTIES ACQUISITION
WHEREAS, the Legislature of the State of California has enacted AB 147 (Chapter
106 of the Statutes of 1989), which is intended to provide $10 million annually for a period
of ten years for grant funds to local, State, and Federal agencies and nonprofit entities for
projects to enhance and mitigate the environmental impacts of modified or new public
transportation facilities; and
WHEREAS, the Resources Agency has established the procedures and criteria for
reviewing grant proposals and is required to submit to the California Transportation
Commission a list of recommended projects from which the grant recipients will be
selected; and
WHEREAS, said procedures and criteria established by the Resources Agency
require a resolution certifying the approval of application by the applicant's governing
body before submission of said application to the State, and
WHEREAS, the application contains assurances that the applicant must comply
with; and
WHEREAS, the applicant, if selected., will enter into an agreement with the State of
California for acquisition or development of the project,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Luis Obispo hereby:
1. Authorizes the filing of an application for the Environmental Enhancement and
Mitigation Program for grant assistance for the project known as Hastings /Sheffer
properties acquisition; and
2. Certifies that said applicant will make adequate provision for operation and
maintenance of the project; and
3. Appoints the City Administrative Officer as agent of the City to conduct all
negotiations, execute and submit all documents, including, but not limited to, applications,
agreements, amendments, payment requests and so on, which may be necessary for the
completion of the aforementioned project.
Approved and adopted this 15th day of September 1998.
On motion of Williams______, seconded by Romero and
on the following roll call vote:
AYES: Council Members Williams„ Romero, Roalman, Schwartz and Mayor Settle
NOES: None
ABSENT: None
R -8845
Resolution No. 8845"--,,1998 Series)
Page Two
The foregoing resolution was adopted this
Allen K. Settl , Mayor
APPROVED AS TO FORM:
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CyAttorney
15th day of September 1998.
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RESOLUTION NO. 8844 (1998 SERIES)
A RESOLUTON OF THE CITY COUNCIL OF THE CITY
OF SAN LUIS OBISPO MAKING AN APPOINTMENT
TO FILL THE OFFICE OF COUNCIL MEMBER OF THE]
CITY TO FILL A VACANCY CREATED BY THE RESIGNATION
OF KATHY SMITH
WHEREAS, Kathy Smith was duly elected to the Office of Council Member of the City
of San Luis Obispo to a four -year term at the General Municipal Election held on November 8,
1996; and
WHEREAS, Kathy Smith resigned from the City Council effective August 31, 1998; and
WHEREAS, qualified electors have been nominated to this Council for appointment to
the Office of Council Member to fill the vacancy created by the resignation of Kathy Smith, for
the balance of the unexpired term, which is December 1, 2000, under the terms of the City of San
Luis Obispo Charter Section 405; and
WHEREAS, the Council has considered and reviewed the applicants;
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. The Council hereby appoints Ken Schwartz to the office of
Council Member of the City of San Luis Obispo, to fill the vacancy created by Kathy Smith's
resignation, for the remainder of Ms. Smith's unexpired term, to wit, until noon, December 1,
2000.
SECTION 2. This appointment will become effective immediately upon adoption of this
resolution.
R8844
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Resolution No. 8844 (1998 Series)
Page Two
On motion of Vice Mayor Romero
the following roll call vote:
seconded by Council Member Roalman, and on
AYES: Council Member Roalman, Williams, Romero, Mayor Settle
NOES: None
ABSENT: None
The foregoing Resolution was passed and adopted this 8' day of September, 1998.
Mayor Allen k. Settle
ATTEST:
APPROVED AS TO FORM:
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RESOLUTION NO. 8843 (1998 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
CONTINUING A PILOT HISTORIC PROPERTY TAX INCENTIVE PROGRAM AND
AUTHORIZING THE MAYOR TO EXECUTE THREE ADDITIONAL MILLS ACT
CONTRACTS WITH OWNERS OF HISTORIC PROPERTIES.
WHEREAS, Article L9 of the California Revenue and Taxation Code provides for the
differential property tax assessment of certain enforceably restricted properties to encourage
historic restoration and preservation; and
WHEREAS, the City's General Plan policies encourage the use of tax incentives and
other means to encourage property owners to protect, restore and preserve historic buildings;
and
WHEREAS, tax incentives for qualifying historic properties benefit the entire
community and improve the City's appearance by encouraging the preservation and restoration
of heritage buildings, fostering pride and reinvestment in neighborhoods, and by defraying a
portion of the costs of restoring and maintaining historic structures; and
WHEREAS, the City's Cultural Heritage Committee has considered the potential costs
and benefits of a property tax incentive program, and has recommended the establishment of
such a program pursuant. to State law; and
WHEREAS, the City Council has considered the Committee's recommendation and
established a one -year pilot program to evaluate the program; and
WHEREAS, the City Council has evaluated the pilot program after approximately one
year of start-up and operation and determined that the program's initial results are favorable
and merit continuation and further evaluation of the pilot program for one additional year.
NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. The Council finds the following:
1. The Historic Property Tax Incentive Program is consistent with the General
Plan, and will implement policies therein calling for the protection, restoration,
preservation and maintenance of historically significant structures; and
2. The program's continuation will benefit the Public by enhancing the
Community's appearance and preserving historically significant buildings which
help describe and document the Community's heritage; and
3. Continuation of the program is exempt from environmental review under the
RRRCL'3
All-
Council Resolution No. 8843 (1998 Series)
Page 2
City's Environmental Guidelines and under Section 15308 of the California
Environmental Quality Act.
SECTION 2. Pilot Historic Property Tax Incentive Program Extended. The Council
hereby extends the pilot tax incentive program known as the "Historic Property Tax Incentive
Program ", to be administered by the Community Development Director, for a period of one
additional year. During this time, the Mayor is authorized to enter into up to three additional
Mills Act Contracts, for a program total of 18 contracts. The contracts shall be subject to all
previous requirements listed under Council Resolution No. 8589 (1996 Series) which
established the pilot program.
On motion of Council Member Roalman, seconded by Vice Mayor Romero and on the
following roll call vote:
AYES: Council Members Roalman, Romero, Williams and Mayor Settle
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 1st day of September, 1998.
ATTEST:.
City Clerk
APPROVED:
(7�
RESOLUTION No. 8842(1998 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING AN APPEAL OF THE ARCHITECTURAL REVIEW
COMMISSION'S ACTION, THEREBY UPHOLDING THE DECISION TO
GRANT FINAL ARC APPROVAL
OF THE MONTESSORI SCHOOL ADDITION AT
4200 SOUTH HIGUERA STREET (ARC 94 -98)
WHEREAS, the Architectural Review Commission conducted a public hearing
on August 3, 1998, and considered an appeal filed by Warren F. Dolezal of the
Community Development Director's action to approve.a 1,600 square -foot addition to the
existing Montessori Elementary School; and
WHEREAS, the Architectural Review Commission denied the appeal and upheld
the Community Development Director's action, based on findings, and with nine
conditions; and
WHEREAS, Warren F. Dolezal; One Los Palos Drive, filed an appeal of the
Architectural Review Commission's action on August 11, 1998, based on concerns with
the intensity of the school and safety issues with its location at the busy street
intersection; and
WHEREAS, the City Council conducted a public hearing on September 1, 1998,
and has considered testimony of interested parties including the appellant, the records of
the Architectural Review Commission's action of August 3, 1998, and the evaluation and
recommendation of staff; and
WHEREAS, the City Council has determined that the project is categorically
exempt under Section 15301. (e) of the CEQA Guidelines.
D 44/.7
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Resolution N0.8842 A Series)
Page 2
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as
follows:
SECTION 1. Finding. That this Council, after consideration of the proposed
project (ARC 94 -98), the appellant's statement, staff recommendations and reports
thereof, makes the following findings:
1. The proposed addition will upgrade and modernize the appearance of the building.
2. The project will provide additional parking to meet ordinance requirements for the
added floor area.
SECTION 2. Action - Appeal Denied. The appeal of the Architectural Review
Commission (ARC) is hereby denied. Therefore, the Commission's action to grant final
approval to the project is upheld, subject to the following conditions:
1. The proposed 6 -foot high fence in the Los Osos Valley Road street yard, where a
31.1" -foot high fence is allowed, is approved, finding that no public purpose will be
served by strict compliance with the fence height regulations in this case..
2. Final color selections shall be submitted for staff review along with submittal of
construction plans.
3. The applicant shall submit a more refined landscaping plan showing specific planting
proposals, and including irrigation system plans, with submittal of working drawings
for the street yard areas. The plan shall include specific proposals for climbing plants
on the proposed fence in the Los Osos Valley Road street yard, and plant materials to
screen the added parking space on the north side of the entry driveway.
4. A total of 11 parking spaces shall be provided on -site to serve the expanded school.
5. The parking space on the north side of the entry driveway shall be constructed of
brick; or other alternative paving material, rather than asphalt or concrete. Because of
its location in relationship to the entry driveway, the use of the space shall be limited
to minimize potential conflicts. Therefore, the space shall be signed so that it is
reserved for a permanent member of the staff, rather than the public at large.
6. The trash enclosure shall be located and oriented so as to minimize conflicts with the
adjacent parking space.
Resolution No.8842k _ i8 Series)
Page 3
7. Consistent with the County Airport Land Use Commission's review of the project on
May 20, 1998, the following conditions are included with project approval:
• No radio transmissions shall be allowed that would interfere with aircraft operations.
• Soundproofing shall be added to reduce indoor noise from airport operations, where
required by the City's Noise Element and the San Luis Obispo County Airport Land
Use Plan.
• Granting of an avigation easement for the protection of the San Luis Obispo County
Airport, the City of San Luis Obispo and the County of San Luis Obispo.
8. Employees of the school shall be encouraged to park their vehicles on -site.
9. No further building expansion of educational program facilities at the site shall be
allowed without the approval of a Planned Development Amendment.
On motion of Council Member Williams , seconded by
Council Member Roalman and on the following roll call vote:
AYES: Council Members Williams, Roalman, Romero and Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 1st day of September 1, 1998.
Allen Settle
ATTEST:
Agsi,sfant erk Kim Condon
APPROVED:
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8841
RESOLUTION NO. (1998 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A ONE -YEAR TIME EXTENSION FOR FILING THE
FINAL TRACT MAP FOR VESTING TENTATIVE MAP NO. 2134 (TR 220 -92)
LOCATED AT 953 ORCUTT ROAD
WHEREAS, The City Council approved a tentative map for Tract 2134 on August 31,
1993 for an effective period of 24 months; and
WHEREAS, the State Legislature has on two separate occasions granted automatic time
extensions that extended the initial life of the tentative map until August 31, 1998; and
WHEREAS, the applicant has requested a one year extension pursuant to the State
Subdivision Map Act and local ordinances.
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows:
SECTION 1. The City Council finds and determines that there have been no changes in
land use policies or ordinances affecting the project approval and that the one -year item
extension is justified.
SECTION 2. The request for approval of the one -year time extension for Tract Map No.
2134 is hereby approved subject to the original findings and conditions, as specified in City
Council Resolution No. 8205.
SECTION 3. The new expiration date for the tentative map is August 31, 1999.
On motion of Roalman , seconded by Romero and on
the following roll call vote:
AYES: Council Members Roalman, Romero, Williams and Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 1 s t day of S ep t emb e r 199 .
Mayor Allen Settle
ATTEST:
ii
Actipt City'Oietk Kim Condon
n 00L1
Resolution No884 (1998 Series)
Page 2
APPROVED AS TO FORM:
lo
vi
RESOLUTION N &" (1998 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
DECLARING SURPLUS PROPERTY
WHEREAS, the City Charter requires that the Council approve the sale or disposal of
surplus property with an estimated value greater than $100; and
WHEREAS, the City has adopted a Capital Improvement project to realign Bullock
Lane; and
WHEREAS, the buildings at 1015 Orcutt & 3262 Bullock are in the way of the new
alignment.
NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of San Luis
Obispo hereby declares:
SECTION 1. The buildings at 1015 Orcutt & 3262 Bullock are no longer needed by the City
and are surplus property.
SECTION 2. Disposal of the property shall be made by sale through public bidding, or if
there are no purchasers, by demolition.
Smith
Upon motion of Council Member .seconded by Council Member Romero and on the
following roll call vote:
AYES: Council Members Roalman, Romero, Smith, Williams, Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was adopted this 18 day of August '1998.
ATTEST:
Acting C' y Oerk Condon Mayor A len Settle
APPROVED AS TO FORM:
9R�7 ty Attorney
R8840
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RESOLUTION NO. 8839 (1998 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADDING PROPERTIES AT 59 BENTON WAY AND 1600 MADONNA ROAD TO THE
MASTER LIST OF HISTORIC RESOURCES AND ADDING PROPERTIES AT 48
BENTON WAY, 156, 207, 236, 282, 3019 3689 381, 397, 453, 4569 4579 460 464, AND 472
BROAD STREET TO THE CONTRIBUTING PROPERTIES LIST
WHEREAS, in 1983 the City Council adopted Resolution No. 5197 establishing the
"Master List of Historic Resources" and "Contributing Properties List" (collectively referred to as
"Historic Resources"), along with procedures for adding properties to the listing; and
WHEREAS, on March 23, 1998, April 27, 1998 and May 26, 1998 the Cultural Heritage
Committee held public hearings to consider recommending to the City Council the addition of
several properties in the City of San Luis Obispo to the Master List and Contributing Properties
List due to their historical and/or architectural significance to their neighborhood and the
community; and
WHEREAS, at said meetings, the Cultural Heritage Committee reviewed the historical
documentation on the following properties and recommended that the City Council add these
properties to the Master List of Historic Resources:
e 59 BENTON WAY - `'J.J. Dunne House"
• 1600 MADONNA ROAD -"Solomon Foreman House"
and recommended that the City Council add these properties to 'the Contributing Properties List:
• 48 BENTON WAY 0
• 156, 207, 236, 282, 301, 368, 381, 397, 453, 456, 457, 460, 464, and 472 BROAD STREET;
and
WHEREAS, this City Council considered this recommendation during a public hearing on
August 18, 1998 pursuant to historic preservation guidelines established by Council ResolutionNo.
Council ResolutionNo. 8839 (1998 Series)
Page 2
6157 (1987 Series).
NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo
that based on the Cultural Heritage Committee's recommendation, documentation as described in
the Historical Resource Inventory for each property, on file in the Community Development
Department, public testimony, the staff report, and on the City's Historical Preservation Program
Guidelines the following:
SECTION 1. Addition to Master List of Historic Resources. The following properties are
hereby added to the Master List of Historic Resources with the numeric historic rankings (Type #5)
and with the appropriate findings for National Register eligibility, where applicable, as listed in the
Documentation of Historical Significance and Historic Resources Inventory for each property, on
file in the Community Development Department. These properties are more particularly described
in Exhibit A:
• 59 Benton Way
1600 Madonna
SECTION 2. Addition to Contributing Properties List. The following properties have been
found to contribute to the historic and architectural character of the Mt. Pleasanton Square/Anholm
neighborhood and meet the criteria for inclusion on the Contributing Properties List:
• 48 Benton Way
• 156, 207,236t 282, 301, 368, 381, 397, 453, 456, 457, 460, 464, and 472 Broad Street
SECTION 3. Publish Revised Master List. The Community Development Director is hereby
directed to amend the Master List of Historic Resources and Contributing Properties List to include
the properties listed above, and to publish revised historic resource listings for public distribution.
SECTION 4. Recording of Historic Properties. The City Clerk.is hereby directed to record the
Master List properties' historic designation with the County Recorder, pursuant to State Law.
8839
Council ResolutionNo. (1998 Series)
Page 3
�l
Onmotionof Council Member Romero ,seconded by Council Member Smith and
on the following roll call vote:
AYES: Council Members Roalman, Romero, Smith, Williams, Mayor Settle
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 18th day of August, 1998.
ATTEST:
Acting-) Citii Clerk Kim Condon
APPROVED:
PF
REQWING REQUESTED BY &( i
"WHEN RECORDED MAIL T0:
City Clerk
City of San Luis Ob__is-Do
990 Palm Street
San Luis Obispo, CA 93401
EXHIBIT A
LEGAL DESCRIPTIONS OF HISTORIC PROPERTIES
Following are legal descriptions of the properties added to the City of San Luis Obispo's Master
List of Historic Resources by City Council ResolutionNo8839 (1998 Series):
1. 59 Benton Way. Historic Name: "J.J. Dunne House."
City of San Luis Obispo, Mt. Pleasanton Square, Lot 43 (Assessor's Parcel Number (APN #)
052- 172 -015). Owner: Jean D. Stefanech..
2. 1600 Madonna Road. Historic Name: "Solomon Foreman House"
City of San Luis Obispo, Lot _, Block Tract APN# 067 - 241- 0001).. De
Vaul Ranch, LLC. (annexationpending)
END OF DOCUMENT
r r
e
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO
City Clerk
City of San Luis Obispo
990 Palm - Street
San Luis Obispo, CA 93401-
Doc No: 1998-056509 Rpt No: 00071797
Official Records :NF -1 0.00
San Luis Obispo Co. :
Julie L. Rodewald :
Recorder :
Sep 02, 1998 :
Time: 15:55 :
51 :TOTAL 0.00.
DOCUMENT 'TITLE
ESD LLc �i7 C �c / Alo , cF 3 S /
Attachment 1
RESOLUTION NO. 8838 (1998 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING AN APPEAL OF THE ARCHITECTURAL REVIEW COMMISSIONS
ACTION, THEREBY APPROVING THE SITE AND ARCHITECTURAL DESIGN OF
A 5,000 SQUARE FOOT SERVICE COMMERCIAL BUILDING AT 173 CROSS
STREET (ARC 90-98)
WHEREAS, the City Council conducted a public hearing on August 18, 1998, and has
considered testimony of interested parties including the appellants, the records of the
Architectural Review Commission hearing and action, and the evaluation and recommendation
of staff; and
WHEREAS, the City Council has determined that mitigation measures established for
the Annexation and Prezoning (ER 53 -94) and Tract 2202 (ER 74 -95) adequately address the
potential environmental impacts resulting from construction and operation of a service
commercial building at this location.
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows:
SECTION L. Findings. That this Council, after consideration of project plans for ARC
90 -98 and the Architectural Review Commission's recommendations, public testimony, the
appellant's statements, staff recommendations and reports thereof, makes the following
finding:
1. The project is appropriate in this service commercial setting, will be compatible with
surrounding development and will contribute to the quality of life in San Luis Obispo
consistent with goals contained in the City's Architectural Review Guidelines.
SECTION 2. Denial. The appeal is hereby denied, and the request for a 5,000 square
foot service commercial building is approved subject to the following conditions, mitigation
measures and code requirements:
Conditions
1. The following items shall return to staff for review and approval as part of the building
permit plan check process:
• Refinements to the landscape plan which indicate berming and/or additional plant
materials along the project's street frontage, relocation of the trash enclosure to allow
landscaping to be located on the parking lot side of the trash enclosure and within the area
currently identified as bicycle parking, and the provision of one street tree for every 35
linear feet of street frontage. Bradford Pear shall be indicated on Cross Street.
• A site lighting plan, including photometrics, and parking lot standards that are a
R8838
Resolution No8838(1998 Series)
Page 2
maximum of 20 feet in height from ground to top of fixture, and fixtures with down -type
lights and shields, preferably with metal halide lamps (maximum illumination levels at
the ground below-the lighting fixtures shall not exceed 10 luxes under the fixture and 3
luxes at the dimmest point).
2. Pursuant to the City's parking and driveway standards, locate a curb along the east side of the
existing emergency access road.
3. An accessible path of travel from the public street shall be provided. The driveway may be
used as the pathway so long as the driveway surface meets access standards for slope in the
direction of travel and cross slope. The pathway shall connect with the front entry walkway
via a curb ramp, pathway may not go behind parked cars. If the driveway does not. meet
access standards by way of the above method, a separate walkway connecting to the public
sidewalk will be required.
4. An "avigation easement" was recorded simultaneously with Tract 2202 - Unit l which covered
both units of Tract 2202. However, when Tract 2202 -2 recorded, the map did not note the
previously recorded easement. Staff believes the separate document still prevails for both
units. However, you may wish to check the title report for each lot to see if it reflects the
easement. If you find it listed, that should resolve the issue for all of the lots in both units.
Otherwise, a new document would need to be recorded for that unit.
5. It appears that the new commercial buildings have the potential to be converted to
condominium units at some point in the future. The owner should consider this possibility
and the associated separation of water and other utility services to each potential unit (A
common sewer can, be allowed). Uniform Plumbing Code standards and City policies would
require separate utity services to all condominium units.
6. The Public Works Dept. recommends the property owner work cooperatively with the owner
of the adjacent westerly property to resolve the common driveway issues. Public works staff
suggests a new driveway alignment for the adjacent property. The new alignment would
allow for quitclaiming of a portion of the existing easement within the subject property in
exchange for dedication of a narrow access easement alongside the proposed Hoyt building.
7. Long -term storage for two (2) bicycles shall be provided, one for each lease space. Bicycle
lockers or an enclosed lockable room within each lease space that is reserved for bicycle
storage are two options for meeting this condition. If bicycle lockers are used, the space in
the parking lot currently show for a bicycle rack is an appropriate location.
8. Short-term parking shall be provided, one (1) for each lease space. A single inverted "U"
bike rack should be installed close to the entrance to the ground floor office space,
recommended in the proposed planter area adjoining the entrance to the waiting- reception
area. A second rack should be installed close to the stairway entrance to the second floor
8838
Resolution No. (1998 Series)
Page 3
lease space. (Note: the bike rack location across the parking lot adjoining the trash enclosure
shown on the plans is too remote from the use as short -term parking.)
9. Pursuant to the Building Code, final. first1loor exit separation shall not exceed V7, diagonal.
10. There is an existing agreement for these and other specific lots to utilize a common well for
irrigation of the perimeter parkway landscaping and within those lots. If this is used, double
check assemblies will be required on.public metered services. Each lot shall maintain its own
water service, unless the lots are combined.
I.I. The property owner shall be responsible for providing a running total of the site's parking
requirements and allocations with the submittal of and Planning or Building permits for
tenant improvements.
.12. Mechanical equipment shall be screened with plant or building materials and colors
complimentary to the building.
Mitigation Measures
1. If any archaeological resources are found during site preparation, all earth =work within 150 -
feet of the object(s) shall cease until the resources have been evaluated by a qualified
archaeologist. Any additional mitigation measures recommended by the archaeologist shall
be evaluated by the Community Development Director, and upon Director approval,
implemented by the applicant.
2. Prior to the issuance of a building permit, the applicant shall provide the Community
Development Department with a copy of the title report for the property documenting a
recorded avigation easement on the property or the property owner shall grant an updated
avigation easement to the County of San Luis Obispo dia an avigation easement document
available at the Community Development Department. The applicant shall provide the
Community Development Department with a copy of the easement for documentation
purposes. Note: The process of granting an easement takes _am oximately one month.
3. Site improvements shall conform with recommendations in the approved soils engineering
report to offset the effects of expansive soils.
4. Consistent with grading standards in the Uniform Building Code, all graded surfaces shall be
wetted, protected or contained in such a manner as to prevent dust or spill upon any adjoining
property or street. The following measures shall constitute the project's dust management
plan and shall remain in effect during all phases of the project's construction:
a. Regular wetting of roads and graded areas (at least twice daily with complete coverage
of all active areas);
b. Increasing frequency of watering whenever winds exceed 15 mph;
88
Resolution No0
(1998 Series)
Page 4
c. Cessation of grading activities during periods of winds over 25 mph;
d. Direct application of water on material being excavated and/or transported onsite or off
site;
e. Watering material stockpiles; and
f. Use of non - potable water is required in all construction and dust control work.
5. All PM,o mitigation measures required shall be shown on grading and building plans. The
contractor shall designate a person or persons to monitor the dust control program consistent
with APCD guidelines and shall provide the contact name(s) and telephone number(s) to the
Community Development Department prior to permit issuance.
6. Site development shall include measures to minimize negative impacts to air quality, such as:
a. Extensive tree planting in the parking areas to reduce evaporative emissions from
automobiles.
b. A carpool/rideshare /public - transit information bulletin board installed in a visually
prominent and easily accessible location.
c. Weatherproof and lockable bicycle storagefor employees, as well as short-term bicycle
parking racks for customer use.
7. The construction project-shall include a solid waste recycling plan for recycling discarded
materials, such as concrete, sheetrock, wood, and metals, from the construction site. The
plan must be submitted for approval by the City's Solid Waste Coordinator or the
Community Development Director, prior to building permit issuance:
8. Site development where possible shall incorporate;
a. Skylights or other mechanisms to maximize natural daylighting.
b. Operable windows to maximize natural ventilation.
c. Energy- efficient lighting systems for both interior and exterior use.
d. Facilities for on -site recycling.
9. The use of materials- especially in.the roof- shall be nonreflective to reduce glare. The use
of mirrored or reflective glass shall be prohibited.
Code Requirements
1. A water allocation is required for the new building. Currently, a water allocation can only be
obtained through the water retrofit program. The City's Water Conservation division can
help in determining the needed allocation and the necessary number of retrofits. Water
Conservation can be reached by calling 781 -7258.
2. Water and Wastewater Impact Fees shall be paid at the time building permits are issued.
Both the Water and the Wastewater Impact Fees are based on the size of the water meter
serving the parcel,
Resolution No 838(1998 Series)
Page 5
3. The uses in each of the proposed units is not clear. The applicant shall contact the City's
Industrial Waste Coordinator, Dale Karns, at 781 -7425, for requirements relating to
hazardous materials and wastewater pretreatment requirements.
4. Additional requirements will be imposed if the site is to be served by a well.
5. Traffic impact fees are required to be paid prior to the issuance of a building permit.
On motion of Council Member Roalman , seconded by
Crnmri 1 Mamhar Wi 11 i Ama , and on the following roll call vote:.
AYES: Council Member Roalman, Romero, Smith, Williams, Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 18th day of August, 1998.
Mayor Allen Settle
ATTEST:
Acting City Clerk Kim Condon
APPROVED:
City Attorney Je orgensen
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RESOLUTION NO. 8837 (1998 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING AN APPEAL OF THE PLANNING COMMISSION'S
ACTION, THEREBY DENYING THE REQUEST
TO ALLOW TANDEM PARKING IN CONJUNCTION WITH A
GARAGE CONVERSION FOR PROPERTY
LOCATED AT 1121 GEORGE ST. (OTHER 38 -98)
WHEREAS, the Planning Commission conducted public hearings on May 13, 1998, and
May 27, 1998, and denied the request to allow tandem parking in conjunction with a garage
conversion for property located at 1121 George Street; and
WHEREAS, the applicant filed an appeal of the Planning Commission's action on June
4, 1998; and
WHEREAS, the City Council conducted a public hearing on August 18, 1998, and has
considered testimony of the applicant/appellant, interested parties, the records of the Planning
Commission hearings and action, and the evaluation and recommendation of staff.
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 proposed project
(Other 38 -98), the appeal, staff recommendations and reports thereof, makes the following
findings:
The tandem parking proposed at this site cannot meet the criteria for tandem parking
contained in Section 17.16.060 I. of the zoning regulations as the spaces will not necessarily
be for the exclusive use of the occupants of a designated dwelling, given the layout of the
parking spaces in relationship to the locations of the two units at the site.
2. The proposed tandem parking creates significant potential for conflict between the residents
at the site in terms of the efficient use of the parking spaces.
R8837
Resolution No. 8837 (1998 Series)
Page 2
SECTION 2. Appeal Denial. The appeal of the Planning Commission's action is hereby
denied, and therefore, the Commission's action to deny the request for tandem parking is
upheld, subject to the following condition:
The applicant shall return the lower portion of the existing one - bedroom apartment to a
garage use. If permits are pursued to allow the lower portion of the building to be used as
one additional bedroom and a bathroom, then the applicant shall otherwise provide
conforming on -site parking consistent with code requirements for a minimum total of three
spaces.
On motion of eouncil Member Smith
and on the following roll call vote:
,seconded by Council Member Williams
AYES: Council Members Roalman, Romero, Smith, Williams, Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 18 day of August 1998.
ayor Allen Sett e
ATTEST:
Con cting City Clerk
APPROVED AS TO FORM:
City Attorney Jeffrey G. Jorgensen
L'661/
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RESOLUTION NO. 8836 (1998 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO DENYING AN APPEAL OF THE COMMUNITY
DEVELOPMENT DEPARTMENT'S APPROVAL OF THE FINAL
LANDSCAPE PLAN FOR THE HERITAGE AT GARDEN CREEK, A 64-
UNIT SENIOR ASSISTED -CARE FACILITY AT 61 BROAD STREET, .
ARC 158 -96
WHEREAS, on May 22, 1998, the Community Development Department of the City of
San Luis Obispo (Community Development) approved the final landscape plan for The Heritage
at Garden Creek, a 64 -unit senior assisted -care facility at 61 Broad Street, finding said plan to be
substantially in compliance with the conceptual landscape plan approved by the City
Architectural Review Commission (ARC) in June of 1997 and
WHEREAS, the Community Development's approval of the final landscape plan was
appealed to the City Council on July 6, 1998, and the City Council referred the landscape plan to
the ARC for input and a recommendation on said plans; and
WHEREAS, the ARC conducted a public hearing on August 3, 1998, for the purpose of
reviewing the final landscape plans and making a recommendation to the City Council on said
plans; and
WHEREAS, the ARC finds the final landscape plans in substantial compliance with the
ARC- approved conceptual plans and recommends that the City Council approve the final
landscape plan without modification; and
WHEREAS, the City Council conducted a public hearing on August 18, 1998, and has
considered testimony of interested parties including the appellant, the applicant, the records of
the Planning Commission hearings and recommendation, and the evaluation and
recommendation of staff.
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows:
SECTION 1. Action: The appeal is hereby denied.
SECTION 2. Added Conditions: The final landscape plans shall be modified as follows:
The Washington Robusta (Mexican Fan Palm) shall be replaced with Queen Palm Trees
with an initial overall height in the range of 20 to 30 feet.
On motion of Cnnnri 1 Member Wi l l i nmc , seconded by
Cnunri 1 Memher Romern and on the following roll call vote:
AYES: Council Members Romero,. Williams, Smith, .Mayor Settle
NOES: Council Member Roalman
ABSENT: None
the foregoing resolution was passed and adopted this 18th day of August, 1998.
ATTEST:
City C4@rk- Kim Condon
APPROVED:
IVA /t �, �,:
10
State of California
P.A. No. 079 -68154
CtRESOLUTION NO. 8835
(1998 'IES)
OFFICE OF EMERGENCY SERVICES
DESIGNATION OF
APPLICANT'S AGENT RESOLUTION
BE IT RESOLVED BY THE City Council OF THE City of San Luis Obispo
(Governing Body) (Name of Applicant)
THAT Director of Finance OR
(Title of Authorized Agent)
Assistant City Administrative Officer OR
(Title of Authorized Agent)
(Title of Authorized Agent)
is hereby authorized to execute for and in behalf of the City of, San Luis Obispo a public entity
established under the laws of the State of California, this application and to file it in the Office of Emergency Services for the
purpose of obtaining certain federal financial assistance under P.L. 93 -288 as amended by the Robert T. Stafford Disaster
Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the Natural Disaster Assistance Act.
THAT the .City of San Luis Obispo a public entity established tinder the laws of the State of California,
hereby authorizes its agents) to provide to the State Office of Emergency Services for all matters pertaining to such state
disaster assistance the assurances and agreements required:
Passed and approved this 18 day of August 1998
Kim Condon
Council Member Kathy Smith
(Name and Tide)
Council Member Dave Romero
(Name and Title)
Mayor.Allen K. Settle
(Name and Tide)
CERTIFICATION
duly appointed and Acting City 'Clerk . . of
(Name) (Title)
City of San _Luis Obispo do hereby certify that the above is a true and correct copy of a
resolution passed and approved by the City Council of theCity of San Luis Obispo on the
r
(Gove body) (Name of Applicant)
18 dayof August 19 ��
Date: August 19, 1998
Acting Cit C.-'
(Offi su do
(
OES Form 730 (1097) DAD Forth Signature)
88835
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RESOLUTION NO. 8834 (1998 Series)
A.RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADDING NEW LOWER ENTRY LEVEL SALARY STEPS
AND NEW EMPLOYMENTSTANDARDS FOR FIREFIGHTERS
WHEREAS, the City wishes to add four new lower steps to the firefighter salary range;
se,
WHEREAS, the City wishes to insure the high quality of new employees in the Fire
Department; and
WHEREAS, the City has met and conferred with the San Luis Obispo Firefighters'
Association in good faith on the impact of the proposed salary steps and employment standards;
and
WHEREAS, the impasse process set out in Resolution No. 6620 (1989 Series) has been
completed.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows
SECTION 1. The following new annual salary steps will be added to the bottom of the
existing firefighter salary range
$29,874
$31,434
$33,098
$34,840
Upon satisfactory performance, new employees will move from the first new step after the
completion of six (6) months service. Movement through the remaining steps will be at annual
intervals until the last step. It will take two years to move to the final step of the range. Any
future cost -of -living increases will be added to these steps.
SECTION 2. Employment standards for firefighters will be modified to require the State
Fire Marshal's Firefighter I certification for all newly hired firefighters except paramedics and
graduation from a Firefighter I Academy for all newly hired firefighter /paramedics.
Upon motion of Council Member Roalman, seconded by Council Member Smith ,
and on the following roll call vote:
AYES: Council Members Roalman, Smith, Romero, Williams and Mayor Settle
NOES: None
ABSENT: None
i
Resolution No. 8834 (1998 Series)
Page 2
the foregoing resolution was adopted this 21 day of July , 1998,
i
Mayor Allen Settle
ATTEST:
Acting City ler"m Condon
APPROVED AS TO FORM:
U
H z . i � � ity Attorney
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RESOLUTION N08833(1998 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBI SPO
ESTABLISHING THE INCLUSIONARY HOUSING TASK FORCE,
WHEREAS, the City Council recognizes the need to assemble citizens with a wide range
of views and expertise to assist the City in implementing affordable housing requirements in San
Luis Obispo; and
WHEREAS, after reviewing the Draft Inclusionary Housing Ordinance and considering
public testimony, the Planning Commission has recommended that the City Council establish a
seven - member, ad hoc committee for the purpose of reviewing the General Plan Affordable
Housing Requirement and advising the City on its implementation; and
WHEREAS, Section 1201 of the City Charter grants the City Council the authority to
establish by resolution any temporary or "ad hoc" citizen committees with limited lifespan and
clearly defined objectives specified in such a resolution.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
SECTION 1. Ad Hoc Committee Established. An ad hoc, special purpose committee,
to be known as the Inclusionary Housing Task Force, is hereby established. The committee
members shall be appointed by the City Council and serve at the discretion of the Council.
SECTION 2. Purposes of the Ad Hoc Committee. The Inclusionary Housing Task
Force shall perform the following principal functions:
a) Review and take public testimony on the Draft Inclusionary Housing Ordinance.
b) Develop a recommended strategy to implement the Affordable Housing Requirement of the
General Plan (Housing Element Program 1.22.10), including possible changes or additions to
the Draft Inclusionary Housing Ordinance prepared by City staff.
c) Undertake specific tasks as may be referred by the Planning Commission,
d) Complete its work and transmit the Draft Inclusionary Housing Ordinance, including any
recommended changes or additions, to the Planning Commission in a completed draft form
by February 16, 1999.
I no,,
Council Resolution No. 8833 (1998 Series)
Page 2
On motion of Council Mbr. Smith , seconded by. Council Mbr. Williams >
and on the following roll call vote:
AYES: Council Members Smith, Williams, Romero, Roalman and Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 21 day of July 1998.
Mayor Allen Settle
ATTEST:
Acting City C1 k, K6=Condon
APPROVED AS TO FORM:
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RESOLUTION NO. 8832 (1998 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING TENTATIVE PARCEL MAP MS 79 -98
(COUNTY MAP NO. 98-093), INCLUDING EXCEPTIONS FOR LOT WIDTH AND
AREA FOR LOT 1, FOR PROPERTY LOCATED AT
3165 & 3195 ALICITA COURT
WHEREAS, the City Council conducted a public hearing on July 21, 1998, and
considered the applicant's request for a tentative parcel map to re- establish a lot line that existed
prior to 1976, and exceptions to lot width and lot area for Lot 1, and the evaluation and
recommendation of staff; and
WHEREAS, the City Council finds that the proposed subdivision is consistent with the
General Plan, the Zoning Regulations, and other applicable City ordinances; and
WHEREAS, the City Council finds that the subdivision will not have a significant
adverse impact on the environment as documented in Initial Study ER 79 -98.
BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this Council, after consideration of Tentative Parcel Map
No. 79 -98 (County Map No. SLO 98 -093), staff recommendations and reports thereof, makes the
following findings:
1. The design of the subdivision is consistent with the general plan.
2. The site is physically suited for the type and density of development allowed in the R -3
zone.
3. The design of the subdivision is 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 will not conflict with easements for access through (or use
of property within) the proposed subdivision.
Resolution No. 8832 (1998 Series)
Page 2
5. A Negative Declaration was prepared by the Community Development Department on
June 26, 1997, which describes significant environmental impacts associated with project
development. The Negative Declaration concludes that the project will not have a
significant adverse impact on the environment.
SECTION 2. Conditions. Tentative Parcel Map No. 79 -98 (County Map No. SLO 98-
093) is approved subject to the following conditions and code requirements:
Conditions
All boundary monuments, lot comers and centerline intersections, BC's, EC's, etc., shall
be tied to the City's Horizontal Control Network At least two control points shall be used
and a tabulation of the coordinates shall be submitted with the final map or parcel map.
All coordinates submitted shall be based on the City coordinate system. A 3.5" diameter
computer floppy disk, containing the appropriate data compatible with Autocad (Digital
Interchange Format, DXF) for Geographic Information System (GIS) purposes, shall be
submitted to the City Engineer.
2. The parcel map shall use the International System of Units (metric system). The English
System of Units may be used on the final map where necessary (e.g. -all record data shall
be entered on the map in the record units, metric translations should be in parenthesis), to
the approval of the City Engineer.
3. The subdivider shall record a grant of easement and agreement for common driveway to
accommodate the shared driveway and parking areas for the two lots to the approval of the
Community Development Director and the Director of Public Works. The document shall
also include an easement for drainage and utilities, if needed, and shall outline maintenance
responsibilities.
Code Requirements
Each parcel shall be served with individual and separate utilities services/laterals (water,
sewer, gas, electricity, telephone and cable TV).
2. One street tree is required for every 35 feet of street frontage. Existing street trees are
credited against the total number of trees required. If the total number of trees required
exceeds the number of existing street trees, additional trees shall be planted prior to
recordation of the parcel map (species may be selected from the Master Street Tree list).
SECTION 3. Exceptions. That the requested exceptions to Sections 16.36.160 of the
Subdivision Regulations be approved along with the tentative map for Parcel Map MS 89 -317 as
follows:
Resolution No.8832 (1998 Series)
Page 3
1. That the property to be divided has a similar size, shape, and topography to other lots
similarly developed in the same vicinity, and that it is impractical, in the particular case,
to conform to the strict application of the regulations codified in this title (Title 16,
Subdivisions, of the SLO Municipal Code) and still comply with the zoning regulations
requirements for density (which is the reason for the specific placement of the proposed
lot line).
2. That the cost to the subdivider of strict or literal compliance with the regulations is not
the sole reason for granting the modification.
3. That the modification will not be detrimental to the public health, safety and welfare, or
be injurious to other properties in the vicinity.
4. That granting the modification is in accord with the intent and purposes of these
regulations, and is consistent with the general plan and with all applicable specific plans
or other plans of the city.
On motion of Council Member Williams ,seconded by Council Member Romero
and on the following roll call vote:
AYES: Council Members Williams, Romero, Roalman, Smith and Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 211 day of July 1998.
Mayor Allen Settle
APPROVED AS TO FORM:
bw
xESOLUTION NO. 8831 (1998 Seri "'
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO DENYING AN APPEAL OF THE PLANNING COMMISSION'S
ACTION ON AN ADMINISTRATIVE USE PERMIT FOR A SETBACK
EXCEPTION TO REDUCE THE REAR AND SIDE YARDS FOR AN
ACCESSORY STRUCTURE AT 121 PENMAN WAY, A 84-98
WHEREAS, the Planning Commission conducted a public hearing on June 10, 1998,
and denied an administrative use permit application for a setback exception to reduce the rear and
side yards for an accessory structure at 121 Penman Way; and
WHEREAS, the Planning Commission's action was appealed on June 19,1998; and
WHEREAS, the City Council conducted a public hearing on July 21, 1998, and has
considered testimony of interested parties including the appellant, the applicant, the records of
the Planning Commission hearing_ s and recommendation, and the evaluation and
recommendation of staff.
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows:
SECTION 1. Action: The appeal is hereby denied.
SECTION 2. The accessory structure shall be brought into compliance with all applicable City
Codes prior to occupancy being granted for the primary residence located at 121
Penman Way.
On motion of Council Member Romero , seconded by
Council Member Roalman , and on the following roll call vote:
AYES: Council
NOES: None
ABSENT: None
Members Romero, Roalman, Smith, Williams & Mayor Settle
the foregoing resolution was passed and adopted this 21 st day of July, 1
ATTEST:
Kim Condon
R 8831
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RESOLUTION NO. 8829 (1998 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE EMPLOYMENT CONTRACT OF DEBORAH J. HOLLEY,
DA ADMINISTRATOR, AND PETER EBERLE, THURSDAY NIGHT
ACTIVITIES AND PROMOTIONS COORDINATOR FOR THE PERIOD
JULY 9, 1998 THROUGH JULY 9, 1999
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That the contract of employment between the City of San Luis Obispo and
DEBORAH J. HOLLEY as DA Administrator for the period July 9, 1998 through July 9, 1999, attached
hereto as Exhibit "A" and by this reference made a part hereof, has been reviewed and is approved and
the Mayor is authorized to execute same.
SECTION 2. That the contract of employment between the City of San Luis Obispo and PETER
EBERLE as Thursday Night Activities and Promotions Coordinator for the period of July 9, 1998 through
July 9, 1999, attached hereto as Exhibit "B" and by this reference made a part hereof, has been reviewed
and is approved and the Mayor is authorized to execute same.
On motion of Council Mbr. Williaigsseconded by Council Member Smith
and on the following roll call vote:
AYES: Council Members Williams, Smith, Roalman, Romero and Mayor Settle
NOES: None
ABSENT: None
the foregoing Resolution was passed .and adopted this 21 day of July , 1998.
MAYOR, Allen Settle
ATTEST:
Kim ¢bndo , City Clerk
APPROVED AS TO FORM AND CONTENT:
6
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CONTRACT OF EMPLOYMENT "Exhibit A"
THIS CONTRACT is entered into this 15th day of July, 1998, by and between the CITY
OF SAN LUIS OBISPO, State of California (hereinafter referred to as "City"), and DEBORAH
J. HOLLEY, a contract employee (hereinafter referred to as "Employee ").
WITNESSES:
WHEREAS, the City of San Luis Obispo has a need for a Downtown Association
Administer; and
WHEREAS, Employee is qualified to perform such service for City; and
WHEREAS, the services to be contracted for are Downtown Association Administrator.
NOW, THEREFORE, the parties do mutually agree as follows:
1. Employment. City hereby engages Employee and Employee hereby agrees to perform
for City the services hereinafter set forth for the compensation hereinafter set forth, all pursuant
to the terms and conditions herein..
2. Scope of Services. Pursuant to this Contract, Employee shall provide to City the
following services: Administrator for the Downtown Association (DA); specific duties and
responsibilities to be established and modified from time to time by the DA Advisory Board.
Employee shall perform said services under the direct supervision of DA Advisory Board.
3. Employment Status. Employee shall be a full-time employee.. Membership in the
City PERS retirement program shall be in accordance with PERS requirements with the
Employee's share to be paid by Employee. Employee shall accrue holiday and sick leave
benefits consistent with other positions in the City and as determined by the Personnel Director.
Employee shall accrue 8 hours of vacation per month over the term of this Agreement which
shall be taken in a manner consistent with other City employees. Employee shall be granted up
to 48 hours per year of administrative leave in lieu of overtime compensation, in recognition of
i
the fact that the employee is exempt from overtime compensation consideration and that the
employee's schedule may require work beyond 40 hours in a week. The only other paid benefits
are workers' compensation insurance, unemployment insurance and medical benefits for
employee and dependents not to exceed $3,000.00 annually. Employee shall be eligible for
reimbursement for mileage at the current reimbursable rate for City of San Luis Obispo
employees for use of her private automobile for official business but not including any mileage
attributable to normal commuting by Employee to and from.her office.
Employee understands and agrees that her term of employment is governed only by this
Contract; that. no right of tenure is created hereby, and that she does not hold a position in any
department or office of the City.
4. Warranty of Employee. Employee warrants that she is properly certified and licensed
under the laws and regulations of the State of California to provide the services herein agreed to.
5. Compensation. City shall pay to Employee as compensation in full for all services
performed by . Employee pursuant to the Contract, the sum of $3,256 per month ($39,072 per
year), said compensation to be paid in accordance with. normal City procedures.
6. Term of Contract. This Contract shall commence on July 9, 1998 through July 9,
1999, unless terminated earlier as provided herein. The City Administrative Officer may
terminate the contract without the need for action, approval or ratification by the City Council.
7. Termination of Contract for Convenience. Either party may terminate this Contract at
any time by giving to the other party fifteen (15) days written notice of such termination,
specifying the effective date of such termination. Employee shall be paid for all work
satisfactorily completed prior to the effective date of such termination.
2
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Employee agrees that the notice provisions of this paragraph shall limit the liability of the
City in the event that a termination action taken by City pursuant to paragraph 8 is subsequently
found to be improper.
8. Termination of Contract for Cause. If Employee fails to perform her duties to the
satisfaction of the City, or if employee fails to fulfill in a timely and professional manner the
obligations under this Contract, or if Employee shall violate any of the terms of provisions of this
Contract, or if Employee has a physical or mental incapacity that precludes Employee from
performing the duties, or if Employee fails to exercise good behavior in either during or outside
of working hours which is of such a nature that it causes discredit to the City or impairs her
ability to perform these contract duties, then the City shall have the right to terminate this
Contract effective immediately upon the City's giving written notice thereof to Employee.
Employee shall be paid for all work satisfactorily completed prior to the effective date of such
ter unation.
9. Entire Agreement and Modification. This Contract constitutes the entire
understanding of the parties hereto. This Contract supersedes all previous contracts, agreements,
negotiations or understandings, whether written or oral, between the parties. Employee shall be
entitled to no other benefits than those specified herein, and Employee acknowledges that no
representations, inducements or promises not contained in this Contract have been made to
Employee to induce Employee to enter into this Contract. No changes, amendments, or
alterations hereto shall be effective unless in writing and signed by both parties. Employee
specifically acknowledges that in entering into and executing this Contract, Employee relies
solely upon the provisions contained in this Contract and no others.
10. Non - Assignment of Contract. This Contract is intended to secure the individual
services of the Employee and thus Employee shall not assign, transfer, delegate, or sublet this
Contract or any interest therein without the prior written consent of City, and any such
assignment, transfer, delegation, or sublet this Contract or any interest therein without the prior
written consent of City, and any such assignment, transfer, delegation, or sublet without the
City's prior written consent shall be considered null and void.
11. Covenant. This Contract has been executed and delivered in the State of California,
and the validity, enforceability and interpretation of any of the clauses of this Contract shall be
determined and governed by the laws of the State of California. All duties and obligations of the
parties created hereunder are performable in the City of San Luis Obispo, and such City shall be
that venue for any action, or proceeding that may be brought, or arise out of, in connection with
or by reason of the Contract.
12 Nondiscrimination. There shall be no discrimination against any person employed
pursuant to this contract in any manner forbidden by law.
13. Conflicts of Interest. The employee shall not participate in any decision related to
this Contract which affects her personal interest or the interest of any corporation, partnership, or
association in which she is directly or indirectly interested.
14. Convri¢ht. Any reports, maps, documents or other materials produced in whole or
part under this Contract shall be the property of the City and shall not be subject to an application
for copyright by or on behalf of Employee, without the prior written approval of the City.
15. Outside Employment. Conduct and Behavior.
a. Employee may engage in outside activities such as part-time teaching,
consulting, or in other similar activities unrelated to City business only with the express prior
approval of the City Administrative Officer.
b. Employee shall comply with all local and state requirements regarding
conflicts -of- interest and shall avoid personal involvement in situations which are inconsistent or
4
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incompatible with the position of DA Administrator or give rise to the appearance of
impropriety.
16. Enforceability. If any terms, covenant, condition or provision of this agreement is
held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of
the provisions herein shall remain in full force and effect and shall in no way be affected,
impaired or invalidated thereby.
IN WITNESS WHEREOF, City and Employee have executed this Contract on the day
and year first hereinabove set forth.
CITY OF SAN LUIS OBISPO
EMPLOYEE:
ATTEST:
Kim Condon, Acting City Clerk
APPROVED AS TO FORM
Canu=;Hafley
CONTRACT OF EMPLOYMENT "Exhibit B"
THIS CONTRACT is entered into this 15th day of July, 1998, by and between the CITY
OF SAN LUIS OBISPO, State of California (hereinafter referred to as "City "), and PETER L.
EBERLE, a contract employee (hereinafter referred to as "Employee ").
WITNESSES:
WHEREAS, the City of San Luis Obispo has a need for a Downtown Association
Administer; and
WHEREAS, Employee is qualified to perform such service for City; and
WHEREAS, the services to be contracted for are DA TNA /Promotions Coordinator.
NOW., THEREFORE, the parties do mutually agree as follows:
1. Employment. City hereby engages Employee and Employee hereby agrees to perform
for City the services hereinafter set forth for the compensation hereinafter set forth, all pursuant
to the terms and conditions herein.
2. Scope of -Services. Pursuant to this Contract, Employee shall provide to City the
following services; TNA/Promotions Coordinator for the Downtown Association (DA); specific
duties and responsibilities to be established and modified from time to time by the DA Advisory
Board. Employee shall perform said services under the direct supervision of DA Administrator..
3. Employment Status. Employee shall be a full-time employee. Membership in the
City PERS retirement program shall be in accordance with PERS requirements with the
Employee's share to be paid by Employee. Employee shall accrue holiday and sick leave
benefits consistent with other positions in the City and as determined by the Personnel Director.
Employee shall accrue 8 hours of vacation per month over the term of this Agreement which
shall be taken in a manner consistent with other City employees. The only other paid benefits are
workers' compensation insurance, unemployment insurance and medical coverage not to exceed
1
$1,008.00 annually. Employee shall be eligible for reimbursement for mileage at the current
reimbursable rate for City of San Luis Obispo employees for use of her private automobile for
official business but not including any mileage attributable to normal commuting by Employee to
and from his office.
Employee understands and agrees that his term of employment is governed only by this
Contract; that no right of tenure is created hereby, and that he does not hold a position in any
department or office of the City.
4. Warranty of Employee. Employee warrants that he is properly certified and licensed
under the laws and regulations of the State of California to provide the services herein agreed to.
5. Compensation. City shall pay to Employee as compensation in full for all services
performed by Employee pursuant to the Contract, the sum of $2,695 per month ($32,340 per
year), said compensation to be paid in accordance with normal City procedures.
6. Term of Contract. This Contract shall commence on July 9, 1998 through July 9,
1999, unless terminated earlier as provided herein. The City Administrative Officer may
terminate the contract without the need for action, approval or ratification by the City Council.
7. Termination of Contract for Convenience. Either party may terminate this Contract at
any time by giving to the other party fifteen (15) days written notice of such termination,
specifying the effective date of such termination. Employee shall be paid for all work
satisfactorily completed prior to the effective date of such termination.
Employee agrees that the notice provisions of this paragraph shall limit the liability of the
City in the event that a termination action taken by City pursuant to paragraph 8 is subsequently
found to be improper.
8. Termination of Contract for Cause. If Employee fails to perform his duties to the
satisfaction of the City, or if employee fails to fulfill in a timely and professional manner the
obligations under this Contract, or if Employee shall violate any of the terms of provisions of this
Contract, or if Employee has a physical or mental incapacity that precludes Employee from
perforniing the duties, or if Employee fails to exercise good behavior in either during or outside
of working hours which is of such a nature that it causes discredit to the City or impairs her
ability to perform these contract duties., then the City shall have the right to terminate this
Contract effective immediately upon the City's giving written notice thereof to Employee.
Employee shall be paid for all work satisfactorily completed prior to the effective date of such
termination.
9. Entire Agreement and Modification. This Contract constitutes the entire
understanding of the parties hereto. This Contract supersedes all previous contracts, agreements,
negotiations or understandings, whether written or oral, between the parties. Employee shall be
entitled to no other benefits than those specified herein, and Employee acknowledges that no
representations, inducements or promises not contained in this Contract have been made to
Employee to induce Employee to enter into this Contract. No changes, amendments, or
alterations hereto shall be effective unless in writing and signed by both parties. Employee
specifically acknowledges that in entering into and executing this Contract, Employee relies
solely upon the provisions contained in this Contract and no others.
10. Non - Assignment of Contract. This Contract is intended to secure the individual
services of the Employee and thus Employee shall not assign, transfer, delegate, or sublet this
Contract or any interest therein without the prior written consent of City, and any such
assignment, transfer, delegation, or sublet this Contract or any interest therein without the prior
3
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written consent of City, and any such assignment, transfer, delegation, or sublet without the
City's prior written consent shall be considered null and void.
11. Covenant. This Contract has been executed and delivered in the State of California,
and the validity, enforceability and interpretation of any of the clauses of this Contract shall be
determined and governed by the laws of the State of California. All duties and obligations of the
parties created hereunder are performable in the City of San Luis Obispo, and such City shall be
that venue for any action, or proceeding that may be brought, or arise out of; in connection with
or by reason of the Contract.
12. Nondiscrimination. There shall be no discrimination against any person employed
pursuant to this contract in any manner forbidden by law.
13. Conflicts of Interest. The employee shall not participate in any decision related to
this Contract which affects his personal interest or the interest of any corporation, partnership, or
association in which he is directly or indirectly interested.
14. Copyright. Any reports, maps, documents or other materials produced in whole or
part under this Contract shall be the property of the City and shall not be subject to an application
for copyright by or on behalf of Employee, without the prior written approval of the City.
15. Outside Employment. Conduct and Behavior.
a. Employee may engage in outside activities such as part-time teaching,
consulting, or in other similar activities unrelated to City business only with the express prior
approval of the City Administrative Officer.
b. Employee shall comply with all local and state requirements regarding
conflicts -of- interest and shall avoid personal involvement in situations which are inconsistent or
incompatible with the position of DA TNA/Promotions Coordinator or give rise to the
appearance of impropriety.
4
16. Enforceability. If any terms, covenant, condition or provision of this agreement is
held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of
the provisions herein shall remain in full force and effect and shall in no way be affected,
impaired or invalidated thereby.
IN WITNESS WHEREOF, City and Employee have executed this Contract on the day
and year first hereinabove set forth.
ATTEST:
Kim Condon, Acting City Clerk
APPROVED AS TO FORM
LEA/ /�,.�011 -
Ca :Ek le
CITY OF SAN LUIS OBISPO
EMPLOYEE: 2�L -1)'�
5
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RESOLUTION NO. 8830 (1998 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO DENYING AN APPEAL OF THE PLANNING COMMISSION'S
APPROVAL OF A USE PERMIT TO ALLOW THE DEVELOPMENT OF
A MIXED -USE PROJECT AT 3053 SOUTH HIGUERA, U- 63 -98.
WHEREAS, the Planning Commission conducted a public hearing on June 10, 1998,
and approved use permit(U- 63 -98) to allow the development of a mixed use project with 18
apartments and a 4,200 square foot commercial building at 3053 South Higuera Street; and
WHEREAS, the Planning Commission's action was appealed on June 19, 1998; and
WHEREAS, the City Council conducted. a public hearing on July 21, 1998, and has
considered testimony of interested parties including the appellant, the applicant, the records of
the Planning Commission hearings and recommendation, and the evaluation and
recommendation of staff.
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows:
SECTION 1. Action: The appeal is hereby denied.
SECTION 2. Use Permit Modification. The master list of allowed uses under use permit, U -63-
98, is modified as shown in Exhibit "A" (attached).
On motion of colinnil mpmbpr Smi rb , seconded by
Council Member Romero , and on the following roll call vote:
AYES: Council Members Smith, Romero, Williams, Roalman and Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 21 st day of July, 1998. /
Mayor Allen Settle
City Clerk Kim Condon
APP D:
4 4-ity Attorney Jeffrey G. Jorgensen
Exhibit "A"
MASTER LIST OF ALLOWED USES FOR MIXED USE PROJECT
3053 South Higuera Street
File Number: U 63 -98
Uses Allowed by Right
Automatic bank teller machines (no associated office)
Barbers, hair stylists and manicurists
Bicycle sales and repair
Broadcast studios
Catering Services
Christmas tree sales
Credit reporting and collection
Day care homes and centers
Delivery and private postal services
Dry cleaners - pick up point only
Florists
Laundromat - self service laundry
Offices - professional engineers, architects, interior and industrial design
advertising and related services
general and special building contractor's offices
(no medical, dental or government agency offices)
Photocopy service; quick printers
Photo - finishing - retail
Photo - finishing - wholesale; and blueprinting and microfilming services
Photographic studios
Retail sales - appliances, furniture and furnishing, musical instruments,. computers, office and medical
equipment, catalogue stores, sporting goods
Retail sales - auto parts and accessories, except tires and batteries as a principle use
Retail sales - convenience stores (4,500 square foot maximum)
Ticket/travel agencies
Vending machines
Wholesale and mail order houses
Uses Which Reguire an Administrative Use Permit
Any of the uses similar to those listed above allowed by the General Plan
Any use operating between the hours of 11:00 p.m. and 7:00 am.*
Banks and savings and loans (branch only, no headquarters)
Conversion of dwelling units for any other allowed use
Equipment rental (no outdoor sales, storage or display)
Organization (professional, religious, political labor, fraternal, trade, youth) offices and meeting rooms
Repair services - household appliances, computers, locksmith, saw sharpening, shoe repair (no outdoor
sales, storage or display ) must demonstrate compatibility in terms of noise and safety
Restaurants, sandwich shops, takeout food, etc.
Temporary sales
Temporary uses - not other wise listed
* Includes Uses Allowed by Right
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\RESOLUTION NO. 8828 (1998 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING A JOINT -USE AGREEMENT BETWEEN THE CITY AND
THE SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT FOR THE JOINT
IMPROVEMENT AND USE OF SCHOOL MULTI- PURPOSE ROOMS
WHEREAS, the City of San Luis Obispo (City) and the San Luis Coastal Unified School
District (District) have previously agreed to improve four multi - purpose rooms at local
elementary schools for use as gymnasiums; and
WHEREAS, the City and District will share equally the costs of these upgrades which is
$150,000 per site; and
WHEREAS, a joint -use agreement will govern the use of these facilities; and
WHEREAS, this joint venture between the City and District is consistent with the Parks
and Recreation Element/Master Plan; and
WHEREAS, this venture represents the best kind of collaboration between public
agencies.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
that the joint -use agreement between the City and the District for improvements and use of multi-
purpose rooms is approved, and the Mayor is authorized to sign the agreement.
Upon motion of rm mpi i Mbr- W;11 lams , seconded by council Mbr. Smith_ ,
and on the following roll call vote:
AYES: Council Members Williams, Smith, Roalman, Romero and Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was adopted this 21 day of July , 1998.
Mayor Allen Settle
ATTEST:
City Clerk
APP OVED AS TO FORM:
-Fa effrey G. orgensen, City Attorney
Joint Use Agreement
Between San Luis Coastal Unified School District
and The City of San Luis Obispo
for Joint Improvement and Use of Multipurpose Rooms
This Agreement is made this _U_day of j,,ly 1998, between the San Luis Coastal
Unified School District ( "District "),. a California School District located in the County of San Luis
Obispo, and the City of San Luis Obispo ( "City "), a California municipal corporation.
Section I - Authority
1. 1. The District and City are authorized under Section 10900, et. Seq, of the California
Education Code to promote and preserve the health and general welfare of the people of the state by
providing for adequate programs for community recreation. The District and City are further
authorized to organize, promote, and conduct programs of community recreation as will contribute
to the attainment of general educational and recreational objectives for children and adults of the state.
1.2. The District and City are authorized under the authority of the California Government
Code, Section 6500 et, seq., jointly to provide any services for which each might individually be
responsible. Under such authority, the parties to this Agreement may designate any one of the parties
as the agency to administer the program and to exercise such powers or powers as may therein be
specified.
Section II - Purpose
2.1. The District owns, maintains and operates school grounds and facilities for school and
community recreational uses. The District, through its Board of Trustees, has established that current
facilities used for multipurpose rooms are inadequate at the following elementary schools within the
District: Hawthorne, Los Ranchos, Sinsheimer, C. L. Smith and Charles E. Teach ( "Identified
Elementary" School Facilities "). The Board of Trustees of the District has authorized construction of
new multipurpose rooms at the Identified Elementary School Facilities, on property owned and
operated by the District.
2.2. The City has established a need for additional community recreational facilities within
the City limits and desires to make accommodations for such needs.
T: \TRANS\AGR\SLCUS D\39JNTAGR.616
1756040 \061698
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2.3. The District and City believe a joint effort to finance and build multipurpose rooms
rather than to provide separate and less appropriate facilities would be in the best interests of both
entities, the students within the District and the community as a whole.
2.4. The District will have the benefit of enhanced recreational. facilities and multipurpose
rooms which will be better equipped, suitable and more "viable for District's purposes than if it were
to build multipurpose rooms without the City's financial contributions.
2.5. The City and it residents will receive the benefit of increased indoor recreational
facilities for children and adult programs at considerable savings and viability than if the City were
to undertake such a project independently and at its own expense.
Section III- Powers and Method of Exercise
3.1. The District will contribute $75,000.00 toward the increased cost of construction of
each multipurpose room for each Identified Elementary School Facility, for a total additional capital
outlay by the District of $300,000.00, above the cost of the original scope of work.
3.2. The District will be responsible for all bids, contracting, supervi sing construction and
maintaining legal compliance, including but not limited to those laws governing construction of
school sites and facilities. The District will be responsible for all contract payments to the chosen
contractor, and will have sole responsibility for and authority over the manner in which the
construction is completed.
3.3. The City shall contribute $75,000.00 toward the cost of each multipurpose room for
a total cost to the City of $300,000.00, to be paid as follows: On July 1, 1999, and each year on
July 1, through the year 2002, the City will pay the District the amount of $75,000.00.
Section IV - Manner of Operation
4.1. The District and City have agreed to jointly fund the construction of the Identified
Elementary School Facilities; however, no independent entity has been established nor is one intended
with regard to the District and City in carrying out the terms of this Agreement. The District shall be
the administrator of this Agreement.
4.2. The District is responsible for all maintenance and upkeep of the Identified Elementary
School Facilities, and agrees to provide the Identified Elementary School Facilities to the City in a
reasonable state of repair and cleanliness prior to the. City's' scheduled use of the Identified
Elementary School Facilities.
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4.3. The District may improve, change or alter the Identified Elementary School Facilities
in any manner which does not impede the City's use of the Identified Elementary School Facilities
under the terms of this Agreement. All improvements, additions and/or changes to the Identified
Elementary School Facilities shall be owned by the District, whether made pursuant to or apart from
the terms of this Agreement.
4.4. The District shall make available to City for community youth recreational purposes
all multipurpose rooms at the Identified Elementary School Facilities being constructed pursuant to
this Agreement. Such facilities will be made available to the City for its lawful use at any time,
provided such use does not interfere with or impede the District's use of such facilities for school
purposes, the City's use does not violate any federal or state laws and the use is consistent with all
other terms of this Agreement. The City shall be given priority for use of these facilities after the
needs of the District for school purposes have been met.
4.5. Semi- annually, through the term of this Agreement, the District and City will provide
each other with a list of dates and sites of any anticipated activities to be held at any of the Identified
Elementary School Facilities pursuant to this Agreement. The dates will be placed on a master
calender•which will be kept by the District, with a copy provided to a designated agent of the City.
Use requests from other groups /individuals will be accepted after the City dates have been placed on
the master calendar.
4.6. If an activity is not on the master schedule due to the timing of the event or any other
reason, the City and District shall submit a written request for use of an Identified Elementary School
Facility, before such an event is scheduled. The District will accommodate all City requests provided
such requests have been received in a timely fashion. Any conflict in scheduling which involves
school purposes shall be resolved in the favor of the District. Any conflict involving use of an
Identified Elementary School Facility as between the District and City, which does not involve a
school purpose will be resolved in favor of the first party to schedule the facility. In absence of .a
conflict with school use of a facility, and provided the District has not previously and with notice to
the City scheduled the use of an Identified Elementary School Facility, any conflict will be resolved
in favor of the City's use.
4.7. All City requests for use of Identified Elementary School Facilities, including those
to be calendered on the master calender, shall include the following information: the specific facility
to be used, the purpose of the use, the amount of time necessary for the activity, including set up and
cleanup, the name and phone number of a contact for the City's use, and any other information which
may be necessary to enable the District to schedule the use of the facility
4.8. The City agrees that at all times its use of any of the Identified Elementary School
Facilities will be consistent with all laws, regulations, policies and procedures applicable to the use
of school facilities under state and federal law.
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4.9. The City shall be responsible, at its own expense, for preparing any Identified
Elementary School Facility for its use if such use requires any alteration or change to, the facility
configuration used by the District. The City agrees to return the facility to its original configuration
after its use.
4.10.. The City shall be responsible for returning any Identified Elementary School Facility
to its state of repair and cleanliness as existed prior to the City's use, including all cleaning duties,
debris rernoval, and original equipment placement. The City will be responsible for repairs to any
Identified Elementary School Facility due to damage caused by or related to the City's use, including
vandalism or damage resulting from such sponsored community use.
4.11. The City acknowledges that any and all personal property and/or equipment located
in an Identified Elementary School Facility is owned by the District. No personal property of the
District may be used by the City for recreational purposes without the prior written consent of the
District. The City assumes any and all responsibility for any damage or loss to any District-personal
property used at any Identified Elementary School Facility if such use is not authorized in advance.
4.12. The City agrees to provide its own supervision and enforce its own safety procedures
and rules of conduct whenever it has use of an Identified Elementary School Facility.
NOTWITHSTANDING ANY OTHER PROVISION OF THE AGREEMENT, THE CITY AGREES TO DEFEND,
INDEMNIFY AND HOLD HARMLESS THE DISTRICT AND ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND
AGAINST ANY AND ALL CLAIMS, DEMAND, COSTS, EXPENSES, JUDGMENTS, CAUSES OF ACTION AND
LIABILITY WHICH MAY BE INCURRED FOR ANY REASON, IF SUCH INJURY TO PERSON OR PROPERTY
ARISES FROM THE CITY'S USE OF THE IDENTIFIED ELEMENTARY SCHOOL FACILITIES; PROVIDED, THIS
SENTENCE SHALL NOT APPLY TO INJURIES DUE TO DANGEROUS OR DEFECTIVE CONDITIONS OR
IMPROVEMENTS WHERE SUCH CONDITION WAS CAUSED OR ALLOWED TO EXIST OR CONTINUE THROUGH
ANY FAULT OF THE DISTRICT, UNLESS THE CITY KNEW OF SUCH A CONDITION AND FAILED TO CORRECT
IT AT THE TIME OR BRING IT TO THE ATTENTION OF THE DISTRICT SO THAT THE DISTRICT COULD
ADEQUATELY PROTECT AGAINST THE THREAT OF ACCIDENT, INJURY OR DAMAGE.
4.13. THE DISTRICT AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY AND ITS
OFFICERS, AGENTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, COSTS,
EXPENSES, JUDGMENTS, CAUSES OF ACTION AND LIABILITY WHICH MAY BE INCURRED BY REASON OF
INJURY TO PERSON OR PROPERTY DUE TO ANY DANGEROUS CONDITIONS AT AN IDENTIFIED ELEMENTARY
SCHOOL FACILITY FOR WHICH THE DISTRICT IS RESPONSIBLE, PROVIDED THAT THIS SENTENCE SHALL NOT
APPLY TO INJURIES ARISING BY REASON OF DANGEROUS OR DEFECTIVE CONDITIONS OR ALTERATIONS
WHERE SUCH CONDITION WAS CAUSED OR ALLOWED TO EXIST OR CONTINUE BY REASON, FAULT OR
ACTION BY OR ON BEHALF OF THE CITY.
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Section V - Miscellaneous
5.1. The term of this Agreement shall be for a 10 year period beginning on July 1, 1998,
and thereafter may be automatically renewed for an additional 10 year period; however, after the
original 10 -year period, the Agreement may be terminated at any time by.either party hereto by giving
to the other party a one (1) year prior written notice of such termination.
5.2. Neither Party to this Agreement shall assign or transfer this Agreement or any interest
therein without the prior written consent of the other party.
5.3. Each party hereto shall make the other party hereto an Additional Insured on its public
liability and property damage insurance for the purpose of this Agreement.
The San Luis Coastal Unified School District has executed this Joint Use Agreement under
the authority of the Board of Trustees of the District through its duly authorized agents, on the day
and year identified in paragraph one of this Agreement.
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The City of San Luis Obispo by order to its City Council has caused this Joint Use Agreement
to be executed on its behalf by the Mayor and attested to by the City Clerk, on the same date.
San Luis Coastal Unified School District
By: _462z__=�
Ro ivi ston, Assistant Superintendent
Business Services
Attest:.
By: �G�'G'��, e--✓>
President of the Board of Trustees for the
San Luis Coastal Unified School District
City of San Luis Obispo:
By:
Mayor of San Luis Obispo, Allen Settle
Attest:
By:
Acting City C erl� im Condon
APPROVED AS TO FORM:
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RESOLUTION NO. 8827 (1998 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING WAIVER OF CITY FEES RELATED TO
"ALBERT, CHAPLIN AND SLACK STREETS WATER MAIN REPLACEMENTS
SPECIFICATION NO. 98-709
WHEREAS, the City Council has approved the construction of new water mains in Albert,
Chaplin and Slack Streets; and
WHEREAS, construction of the new water mains in A1bert,.Chaplin and Slack Streets require
relocation of water services on private property; and
WHEREAS, the installation of water services on private property typically require inspection
and other services from the Building Division, the Engineering Division and the Water Division;
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis Obispo
hereby approves a one -time waiver of the inspection and water service fees related to "Albert, Chaplin
and Slack Streets Water Main Replacements, Specification No. 98 -79 ".
Upon motion of Council Mhr -Wi 11 i ams , seconded by counri 1 Mbr. Smith
and on the following roll call vote:
AYES: Council Members Williams, Smith, Roalman, Romero and Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was adopted this 21 day of July , 1998.
Mayor Allen Settle
ATTEST:
Acting City Clerk Kim ond on
APPROVED AS TO FORM:
Jeffrey G rge sen ity ttorney
n oon,
A/
P�
O O
RESOLUTION NO. 8826
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING APPLICATION FOR GRANT FUNDS FROM THE NORTH
AMERICAN WETLANDS CONSERVATION ACT GRANT PROGRAM FOR THE
PROJECT KNOWN AS MORGANTI PROPERTY ACQUISITION
WHEREAS, the Congress of the United States has enacted the North American
Wetlands Conservation Act of 1989, which provides funding support to States, Tribes,
local governments, and non -profit organizations for wetland conservation projects
consistent:with the Act, and with international agreements between Canada, Mexico, and
the United States for migratory bird conservation and
WHEREAS, the United States Department of the Interior, Fish and Wildlife
Service, has established procedures and criteria for submittal and review of grant
proposals; and
WHEREAS, successful :applicants will enter into a cooperative agreement with the
Fish and Wildlife Service; and
WHEREAS, the City of San Luis Obispo ( "City ") is a California Charter Municipal
Corporation; and
WHEREAS, City, acting through its City Council and through adopted public
procedures, has determined that certain lands surrounding the City of San Luis Obispo
are important to the scenic character, healthy natural . environment, and economic and
social Well -being of the community and its citizens and has designated these lands as the
San Luis Obispo Greenbelt and
WHEREAS, within said Greenbelt, City seeks to preserve and conserve
characteristics such as visual quality, wildlife habitat, healthy agricultural economy, and
rural setting through a variety of techniques and programs, including purchase of land
and conservation easements; and
WHEREAS, the purchase of fee title and /or conservation easements upon the
above - mentioned land in the judgment of City would act to preserve the values indicated
above and serve an important municipal purpose; and
WHEREAS, the City Council of the City of San Luis Obispo finds that the project is
exempt under Section 15325 of the California Environmental Quality Act (CEQA) and is a
categorical exclusion under Section 58.35(a)(5) of the National Environmental Policy Act
(NEPA), as the project consists of the acquisition of land or easements for wildlife habitat
and agricultural conservation purposes..
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Luis Obispo hereby:
1. Authorizes the submittal of an application to the North American Wetlands
Conservation Act Grant Program of the United States Department of the Interior for grant
support for the above project; and
2. Appoints the City Administrative Officer as agent of the City to conduct all
negotiations, execute and submit all documents, including, but not limited to, applications,
agreements, amendments, payment requests and so on, which may be necessary for the
completion of the aforementioned project.
C� 0
Approved and adopted this 21 st day of July, 1998.
On motion Of Council Mbr.Williamg seconded by Council Member Smith and
on the following roll call vote:
AYES: Council Members Williams, Smith, Romero, Roalman and Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 21
Allen K. Settle, Mayor
ATTEST:
Acting City Clerk
APPROVED AS TO FORM:
0 FW
. - - �i -.
day of July , 1998.
��,�.� o
���-
�.
' xESOLUTION NO.8825 (1998 Series')'
A RESOLUTION OF THE CITY COUNCIL OF CITY OF SAN LUIS OBISPO
ADOPTING FEE ADJUSTMENTS
IN PARKS AND RECREATION ACTIVITY FEES
WHEREAS, the City's municipal code authorizes establishing various fees for
the delivery of municipal services; and
WHEREAS, it is the policy of the City of San Luis Obispo to adopt an annual
Fees for Services Schedule; and
WHEREAS, it is the policy of the City of San Luis Obispo that any change to
this adopted Fees for Services Schedule be approved by Council;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San
Luis Obispo that:
SECTION 1. The fees identified below will become effective September 1,
1998: adopted as:
ACTIVITY
FEE
NEW PROGRAM FEES
ADULT SPORTS - 3 ON 3 Basketball
$80.00
YOUTH SPORTS - Golf
$20.00
SPECIAL EVENTS - Triathlon Team
$100 /3 person team
REDUCED ACTIVITY FEES
AQUATICS - Lap Swim Adults
$2.00 /swim
AQUATICS - Lap Swim Youth
$1.50 /swim
AQUATICS - Recreational Swim - Adult
$2.00 /swim
AQUATICS - Recreational Swim - Youth
$1.50 /swim
AQUATICS - Passcards - Adult - 20 uses
$40.00
AQUATICS - Passcards - Youth - 20 Uses
$30.00
AQUATICS - Swim Scrip - Adult
$18.00/10 swims
AQUATICS - Swim Scrip - Youth
$13.50/10 swims
CHILDREN'SSERVICES
Adventure Day Camp
$2.35 /hour
Summer Fun Day Camp
$2.35 /hour
SPECIAL EVENT - Triathlon
$56 /individual
ADULT SPORTS - Volleyball
$188 /team
INCREASED ACTIVITY FEES
YOUTH SPORTS - Basketball
$40.00 /particpant
YOUTH SPORTS - Skatepark
$2.00
On motion of Council Member Willia1&onded b
y Council Mamhpr Smith
and on the following roll call vote:
R8825
AYES} Council Members Williams, Smith, Roalman, Romero, Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this ? day of Jul , 1998.
v
Mayor Allen Settle
ATTEST:
Clerk Acting
APPROVED AS TO FORM:
Jeffrey orgensen, Attorney
tAll