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HomeMy WebLinkAbout8890-8899RESOLUTION NO. 8899 (1999 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S ACTION TO GRANT FINAL APPROVAL TO THE CENTRAL COAST MALL REDEVELOPMENT PROJECT AT 321 MADONNA ROAD (ARC 153 -98)9 BUT REQUIRING RE- EXAMINATION OF SPECIFIED PROJECT DESIGN ISSUES BY THE ARCHITECTURAL REVIEW COMMISSION WHEREAS, the Architectural Review Commission conducted public hearings on November 2, 1998, and December 7, 1998, to approve plans for the redevelopment of the Central Coast Mall; and WHEREAS, Brian Christensen, 818 Pismo Street, San Luis Obispo, filed an appeal of the Architectural Review Commission's action on December 16, 1998, based on concerns with the Community Development Director's interpretation that the project did not require the processing of a separate application for a Planned Development Amendment; and WHEREAS, the City Council conducted a public hearing on January 19; 1999, and has considered testimony of interested parties including the appellant; the records of the Architectural Review Commission's actions of November 2; 1998, and December 7, 1998, and the evaluation and recommendation of staff, and WHEREAS, the City Council has considered the Negative Declaration with Mitigation Measures (ER 153 -98) as approved by the Architectural Review Commission. BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration of the proposed project (ARC 153 -98), the appellant's statement, staff recommendations and reports thereof, makes the following findings; 8899 Page 1 of 7 Resolution No. 8899 (1999 Series) Page 2 1. The project, which is the redevelopment of an already developed commercial site with the same type of retail uses, is appropriate in this General Retail 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. 2. The Community Development Director has determined that changes to the approved planned development at the site could adequately be evaluated through review of plans by the Architectural Review Commission. 3.. The project which includes a proposed new boulevard between proposed building pads to link the project with the Madonna Plaza Shopping Center, is consistent with Land Use Element Policy 3.7.10 encourages more cohesion between the existing shopping centers on Madonna Road. 4. The project will add interest to the shopping center and help achieve goals to make the center more pedestrian- friendly. 5. The use of compact parking spaces is supported in this project along the pedestrian walkways through parking lots, because it provides for a reasonable use of the space given site development constraints and project goals, and the number of compact spaces_ as a percentage of overall parking spaces is minor (43 %). 6. Mitigation measures established for the project (ER 153 -98) have been reviewed and adequately address potential impacts resulting from the redevelopment of a retail commercial project on this site. 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, mitigation measures and code requirements, and with the following project design issues to be re- examined by the ARC: Conditions 1. Walkways along pedestrian linkages through the parking lot shall.be a minimum of 4 feet in width consistent with Title 24, Accessibility Code. 2. The adjacent 30' wide travel lane of the main access road. through the shopping center in front of buildings with "head -in" parking sha11 be delineated with street type striping to improve driver awareness and keep the traffic channeled as far away from the parked cars as possible, to the approval of the Director of Public Works. 8899 Page 2 of 7 t Resolution No. 8899 (1999 Series) Page 3 3. A total of 38 motorcycle spaces as shown on plans is approved to accommodate site development as redeveloped. 4. Precise locations of required short-term bicycle spaces in racks near the entries to buildings shall be to the approval of the Public Works. Department (Transportation Division) and Community Development Department (Planning) staffs. 5. The project shall provide long -term bicycle spaces for all clusters of buildings, either in a designated storage area in the building or in fully- enclosed lockers, to the approval of the Public Works Department (Transportation Division) and Community Development Department (Planning) staffs. 6. Prior to the removal of any trees along the Dalidio frontage between the back of the future sidewalk and proposed buildings, the applicant shall submit adequate information for the City Arborist to evaluate proposed tree removals. This information shall consist of cross - sections, at those locations where plans indicate that the existing street trees cannot be saved, showing existing and finished grades, as well as accurate base elevations and locations of the existing trees. 7. The front elevation of Major Tenant "D shall be further articulated as shown on revised plans presented at the ARC meeting and dated 12 -7 -98. The ARC indicated that minor changes to the elevations of major tenant spaces to show variations in the precise locations of storefronts, display cases and textured wall surfaces to suit the needs of particular tenants, may be made, subject to the approval of Planning staff_, during building permit plan check. 8. When specific tenants are known, the applicant shall return to the ARC at a later date with a comprehensive sign program. 9. The reuse of existing parking lot lights which are. 38 feet in height was approved. 10.. The street right -of -way line is 3 ft. behind the curb face along El Mercado. Interlocking decorative pavers may be installed within El Mercado at the new driveway serving the subject property. The decorative paving section shall be designed by the developer's engineer, consistent with the City standard structural sections, and submitted for review and approval by the Director of Public Works. The City will maintain this decorative paving upon acceptance of the work. 11. Dalidio Dr. is currently a private St. southerly of the main Dalidio Dr. mall entrance near the Post Office. The remainder is offered for public street purposes, but not yet accepted by the City until completion of the street and additional right -of -way from the adjacent property owner. An easement exists for the maintenance of the existing public water main and public utilities. Standard 6 ft. sidewalk shall be constructed along this frontage with the project, 8899 Page 3 of 7 Resolution No. 8899 (1999 Series) Page 4 unless a postponement or waiver is approved by the Public Works Director as a result of an approved realignment of Dalidio Dr. in conjunction with the proposed "Market Place" project. 12. Street trees along El Mercado and Dalidio Dr. (Prado Rd) frontages shall meet. City standards as to size and species to the satisfaction of the City Arborist, with consideration for existing utilities. 13. The existing flood zone must be plotted on the plans as denoted on the grading plan for the existing plaza. Satellite building pads #6 and Major E may need to be raised above the 100 - yr storm water surface elevation. 14. There-are two existing oil separators in Dalidio Drive (adjacent to the 2 northerly driveways) that serve the existing mall development. Drainage from the modified parking lot, driveways and buildings must conform to the existing pattern or modified as needed, to the satisfaction of the Public Works and Community Development Departments. Any proposed changes must consider any resulting changes in the 100 -year floodplain. (See 5. above) Mitigation Measures Consistent with the recommendations included in the Seismic Safety Element, a detailed soils engineering report needs to be submitted at the time of building permit which considers special grading and construction techniques necessary to address the potential for liquefaction and issues associated with expansive soils. It shall identify the soil profile on site and provide site preparation recommendations to ensure against unstable soil conditions. Grading and building must be designed and performed in compliance with the soils engineering report. 2. The existing flood zone denoted on the grading plan for the existing shopping center shall be plotted on working drawings submitted for a building permit for the redevelopment project. The finish floor of any affected project buildings shall be raised to a minimum of one foot above the 100 -year storm water surface elevation consistent with the City's Flood Damage Prevention Regulations. 3. The project shall include: o bicycle parking and locker facilities for employee use; e outdoor employee rest area to encourage employees to stay on site during the lunch hour, o extensive tree planting in the parking areas to help reduce evaporative emissions from automobiles. 4. In. order to be consistent with the requirements of the County Airport Land Use Plan, the property owner shall grant an avigation easement for the benefit and protection of the City of San Luis Obispo, the County of San Luis Obispo and the San Luis Obispo County Airport 8899 Page 4 of 7 + J Resolution No. 8899 (1999 Series) Page.5 via an avigation easement document available at the Community Development Department. 5. Where feasible, existing mature trees shall be retained and incorporated into the project landscaping plan. Where proposed plans do not allow for the retention of existing trees, the applicant shall incorporate new trees into the landscaping plan to compensate for trees removed to the approval of the Architectural Review Commission. Several existing Coast Live Oak trees are proposed to be removed. The developer shall prepare a plan to the satisfaction of the City Arborist that provides for the replanting of a sufficient number of existing specimens to nearby Laguna Lake Park.. Removal shall be accomplished using a tree spade and all necessary preparatory work under the direct supervision of a certified Arborist. The trees shall be relocated to an area at Laguna Lake Park designated by the City Arborist and the site shall be prepared to receive said trees as directed by the City Arborist. Trees not replanted shall be replaced with number, size, and species satisfactory to the City Arborist. 6. Future site development shall incorporate the following as feasible: • Skylights to maximize natural day lighting. • Operable windows to maximize natural ventilation. • Energy - efficient lighting systems for both interior and exterior use. 7. To help reduce the waste stream generated by this project; a. Future site development shall include convenient facilities for interior and exterior on -site recycling. b. Future construction projects 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. c. Recycled- content materials shall be used in. structural and decorative building components and in surfacing wherever feasible. 8. If excavations encounter significant paleontological resources, archaeological resources or cultural materials, then construction activities which may affect them shall cease until the extent of the resource is determined and appropriate protective measures are approved by the Community Development Director. The Community Development Director shall be notified of the extent and location of discovered materials so that they may be recorded by a qualified archaeologist. 9. If pre- historic Native American artifacts are encountered, a Native American monitor should be called in to work with the archaeologist to document and remove the items. Disposition of artifacts shall comply with state and federal laws. 8899 Page 5 of 7 Resolution No. 8899 (1999 Series) Page 6 Code. Requirements 1. A water allocation may be required, due to the additional units. 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. 2. If additional water meters are needed or if any water meters need to be up- sized, Water and Wastewater Impact Fees will be charged. The cost of developing an allocation through retrofit could offset a portion of the required Water Impact Fee according to appropriate City policies. The project will receive a credit for any water meters that are no longer needed and are subsequently removed. 3. The owner's engineer shall submit wastewater generation calculations so that the City can make a determination as to the adequacy of the supporting infrastructure. If it is discovered that an off -site deficiency exists, the owner will be required to mitigate the deficiency as a part of the overall project. It is already known that the Laguna Lift Station is beyond capacity. However, the City expects to have a replacement lift station with adequate capacity constructed by 2001. 4. Depending on occupancy, some buildings may need to have oil /sand separators or other wastewater pre - treatment systems to the satisfaction of the City's Industrial Waste Coordinator. 5. All existing fire sprinkler systems, fire alarm systems, fire hydrant systems, fire protection systems and appliances shall be modified to address the requirements of proposed occupancies. 6. Where minimum required fire access width is provided, curbs shall be painted red with appropriate signage installed to prohibit parking. Council- Directed Design Issues In re- examining project plans, the ARC should consider the following direction provided by the City Council: 1. Eliminate the parking bay on the west side of the boulevard, and provide sidewalks through the parking lot on both sides of the boulevard. 2. Consider creating angled, rather than 90° -angle parking spaces. 3. Eliminate or reduce compact spaces. 4. Make the Mercado Drive elevations more inviting and user - friendly by improving visual entryways, providing additional architectural detailing and adding pedestrian access to stores. 8899 Page 6 of 7 Resolution No. 8899 (1999 Series) Page 7 5. Provide a greater emphasis on pedestrian access and circulation from store to store. 6. Remove "head -in" parking spaces in front of the major tenant stores.. 7. Re- examine the original Planned. Development conditions in the context of the new project. 8. Address where wheel stops would be used. 9. Address where bus stops would be located. 10. Assure that replacement trees are of sufficient size to provide for adequate mitigation for trees removed. On motion of Council Member Ewan , seconded by Vice Mayor Romero , and. on the following roll call vote: AYES: Council Members Ewan, Vice'.Mayor: ..Romero, ands. Mayor Settle NOES: Council Members Marx and Schwartz ABSENT: None the foregoing resolution was passed and adopted this 19' day of January, 1999. city APPROVED: � /, rgensen 8899 Page 7 of 7 o .Ylloz RESOLUTION NO. 8898 (1999 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE CITY'S CONFLICT OF INTEREST CODE WHEREAS, the City Council adopted Resolution No. 5044 (1983 Series) amending the City's Conflict of Interest Code by incorporating by reference the Fair Political Practices Commission's standard model conflict of interest code (Title 2, Division 6 of the California Code_ of Regulations) and updating the list of designated positions required to file a conflict of interest statements and WHEREAS, the Political Reform Act requires that the City Council review its Conflict of Interest Code biennially to determine if it is accurate or must be amended; and WHEREAS, Resolution No. 8607 (1996 Series) adopted on December 3, 1996 amended the Code by updating the Appendix (List of Designated Positions); and WHEREAS, a review of the Appendix indicates that amendments are necessary to reflect changes in job titles, positions and classifications; and further reveals the need to add disclosure categories specifying those financial interests that designated positions must disclose. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Resolution Nos. 5044, 8357 and 8607 are hereby rescinded. SECTION 2. The Fair Political Practices Commission's standard model conflict of interest code (Title 2, Division 6 of the California Code of Regulations), as reorganized; along with the List of Designated Positions and Disclosure Categories in the Appendix constitute the City of San Luis Obispo's conflict of interest code. Upon motion of Vice Mayor Romero, seconded by Council Member Ewan, and on the following roll. call vote: AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero, and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 19' day i 8898 Page 1 of -1 Resolution No. 8 8 9 8 (1999 Series) Page 2 APPROVED AS TO FORM: Attomey 8898 Page 2 of 7 Resolution No. 8898 (1999 Series) Page 3 ►1I k LIST OF DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES' POSITION DISCLOSURE CATEGORY Administrative Office: Assistant City Administrative Officer 1 Assistant to the City Administrative Officer 1 City Attorney: Assistant City Attorney 1 City Clerk's Office: City Clerk 1 Assistant City Clerk 1 Community Development Dept.: Community Development Director 3 Development Review Manager 3 Long Range. Planning Manager 3 Associate Planner(s) 3 Planning Technician 3 Chief Building Official 3 Building Inspector(s) 3 Administrative Analyst 2 Building Permit Coordinator 3 Zoning Investigations Coordinator 3 Finance Department: Revenue Manager 2 Accounting Manager 2 Accounting Supervisor 2 Customer Services Supervisor 2 Information Systems Coordinator 2 the Mayor and Council Members, Planning Commissioners, City Administrative Officer, City Attorney and City Finance Director are required to file statements of economic interest pursuant to Government Code Section 87200, and are therefore, not included in the List of Designated Positions required to file pursuant to the City's conflict of interest code. 8898 Page 3 of j 1 Resolution No. 8898 (1999 Series) Page 4 POSITION Fire Department: Fire Chief Battalion Chief(s) Battalion Chief (Fire Marshall) Fire Protection Specialist Fire Plan Check Inspector Fire Inspector Personnel Department: Personnel Director Personnel Analyst(s) Police Department: Chief of Police Police Captain(s) Police Lieutenant(s) P_ ublic Works Department: Director of Public Works Administrative Analyst Street Manager Streets Supervisor Parking Manager Parks Supervisor(s) Public Works Inspector(s) City Engineer Field Engineering Assistant Supervising Civil Engineer Engineering Assistant(s) Supervising Mechanic Arborist Building Maintenance Supervisor Transit Manager Principal Transportation Planner 1 Appendix, continued DISCLOSURE CATEGORY 1 3 3 3 3 3 1 2 1 2 2 1 2 2 2 2 2 3 3 2 2 2 2 2 2 2 2 8898 Page 4 of 7 Resolution No. 8898 (1999 Series) Page 5 POSITION Recreation Department: Appendix, continued DISCLOSURE CATEGORY Director of Recreation I Recreation Manager H 2 Recreation Manager 2 Golf Course Supervisor 2 Recreation Supervisor - Youth Athletics/Special Events 2 Recreation Supervisor - Child Care 2 Utilities_ Department: Utilities Director 1 Administrative Analyst 2 Utilities Engineer 2 Water Supply Supervisor (Whale Rock) 2 Water �reafineat - Supervisor 2 Wastewater Treatment Plant Supervisor 2 Industrial Waste Coordinator 2 Industrial Waste Inspector 3 Water Division Manager 2 Wastewater Division Manager 2 Water Distribution Supervisor 2 Wastewater Collection Supervisor 2 Water Conservation Coordinator 2 Water Projects Manager 2 Committees/Commissions: Members of the Architectural Review Commission 3 Members of the Housing Authority 3 Members of the Cultural Heritage. Committee 3 8898 Page 5 of 3 Resolution No. 8898 (1999 Series) Page 6 Other Positions: Housing Authority Executive Director BIA Administrator Temporary Positions;2 Consultants? Appendix, continued 2Temporary positions may be required to file a conflict of interest statement upon determination by the City Attorney that the temporary position is the function equivalent of a designated position. 'Consultants should be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The City Administrative Officer may determine (upon written application by the consultant) that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultants duties and, based upon that description, a statement of the extent of disclosure requirements. The City Administrative Officer's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. If a consultant believes he or she is exempt from disclosure requirements of law, prior to the application to the City Administrative Officer, the consultant shall obtain opinion to that effect from an admitted attorney to practice in the State of California which opinion shall contain the information specified in the paragraph above. 8898 Page 6 of! Resolution No. 8898 (1999 Series) Page 7 Appendix, continued DISCLOSURE CATEGORIES Category Reportable Interests Investments, business positions; income from sources located in or doing business in the jurisdiction, interests in real property located in the jurisdiction, including property located within a two mile radius of any property owned or used by the City. Investments, business positions, and sources of income of the type which provide services, supplies, materials, machinery or equipment of the type utilized by the City. Investments, business positions, and sources of income of the type which engage in land development, construction or the acquisition or sale of property. Interests in real property located within the jurisdiction, including property located within a two mile radius of any property owned or used by the City. 8898 Page 7 of 7 RESOLUTION NO.8 8 9 7 (1999 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE REVISION OF THE BYLAWS OF THE HUMAN RELATIONS COMMISSION CHANGING THE DATE OF APPOINTMENT WHEREAS, the current bylaw ARTICLE 2. TERMS OF OFFICE states "Commissioners shall be appointed... commencing on April 1..." conflicts with the annual Grants -In -Aid process of the Human Relations Commission; and WHEREAS, the Human Relations Commission recommends a more effective date of appointment would be October 1; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the appointment date for filling vacancies on the Human Relations Commission is October 1. Upon motion of Vice Mayor Romero seconded by Council Member Ewan and on the following roll call vote: AYES: Council Members and Mayor Settle NOES: None ABSENT: None Ewan, Marx, Schwartz, Vice Mayor Romero the foregoing resolution was passed and adopted this 19 tray of Janua , y , 1999. Mayor Allen Settle APPR D AS TO ORM: t,, effrey Jorgensen, City Attorney G:CA0RPTS1PMHRCAPPTDATECHANGE 8897 ,� � � ,�1 ��� �, �, .� h.�� RESOLUTION NO. 8896 (1999 Series) A RESOLUTION OF RECOMMENDATION BY THE SAN LUIS OBISPO CITY COUNCIL REQUESTING THAT THE LOCAL AGENCY FORMATION COMMISSION APPROVE THE NORTHWEST MARGARITA AREA ANNEXATION (ANNX 175 -98) WHEREAS, the Planning Commission and City Council have held hearing_ s on the proposed annexation on November 18, 1998, and January 5, 1999, respectively; and WHEREAS, the City Council on January 5, 1999, by Resolution No.8 8 9 5 (1999 Series), approved a Negative Declaration for the proposed annexation, pursuant to the California Environmental Quality Act Guidelines Section 15090; and WHEREAS, on recommendation of the Planning Commission and as a result of its deliberations, the Council has approved an amendment of the Zoning Map by prezoning the annexation property to Conservation Open Space with minimum parcel sizes of 30 acres and 100 acres (C /OS -30 and C /OS -100); and WHEREAS, City Council approval is a prerequisite for the San Luis Obispo County Local Agency Formation Commission (LAFCo) to initiate formal annexation proceedings; and WHEREAS, the territory to be annexed is not inhabited,.and a description of the boundaries of the territory is set forth in attached Exhibit B; and WHEREAS, this proposal is consistent with the sphere of influence adopted by the Local Agency Formation Commission of San Luis Obispo County for the City of San Luis Obispo; BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1: Findings. 1. Annexation is appropriate since the annexation area's northern and western sides are contiguous with the City. 2.. Annexation of the site is a logical addition to the City due to its location and availability of services. 3. The proposed annexation will promote the health, safety, and welfare of persons living or working in the vicinity of the annexation area. Resolution No. 8896 Page 2 SECTION 2: Annexation Area Described. The annexation shall consist of that area, covering approximately 130 acres south of the ridge of the South Hills and north and east of Margarita Avenue, as shown on the site ' location map attached as Exhibit .A and legally described in attached Exhibit B. SECTION 3: Council Recommendation. The City Council recommends that the Local Agency Formation Commission of San Luis Obispo County approve the proposed annexation, subject to property owners' compliance with City requirements regarding public improvements, in accordance with California Government Code Section 56844 and following. SECTION 4: Implementation. The City Clerk shall forward a copy of this resolution and prezoning actions, the Negative Declaration of environmental impact, and all pertinent supporting documents to the Local Agency Formation Commission. On motion of Virg, Mayor Romero , seconded by rnnnri 1 Mamhcr, and on the following roll call vote: Ewan Ayes: Council Members Ewan and Marx, Vice Mayor Romero, and Mayor Settle Noes: None Absent: Council Member Schwartz the foregoing resolution was passed and adopted this 5th day of January , 1999. ayor Allen Settle APP OVED AS TO FORM City Attorney JefrJoigensen Exhibit B Property Description That portion of Lot 30 of the San Luis Obispo Suburban Tract, in the County of San Luis Obispo, State of California, according to rnap recorded February 7, 1906 in Book 1, Page 92 of Records of Sruveys, in the office of the County Recorder of said county, described as follows: Beginning at stake "S81," at the Northeast corner of said lot, and running on North line of lot, North 89 1/2 degrees West, 4.99 1/2 chains to a point; thence through said lot, South 0 degrees, 10' East, 20.04 chains to center of 30 foot road running along the South side of said lot; thence along centerline of said lot, East 4.99 1R chains to a point; thence leaving road, North 0 degrees, 10' West, 15 fat to stake "S 78" on North side of road, 20.00 chains to the point of beginning.. Together with the following: PARCEL l: Lot 31 of the Map of the Subdivisions of a Tract of land adjoining the Town of San Luis Obispo, the Property of W.L. Beebee and C.H. Phillips surveyed by R.R. Harris, November 1874, partially in the City of San Luis Obispo, in the County of San Luis Obispo, State of California, according to trap recorded in the office of the County Recorder of said County. EXCEPTING therefrom that portion thereof conveyed to H.E. McBride in deed dated May 5, 1887 and recorded May 5, 1887 in Book X, Page 58 of Deeds. ALSO EXCEPTING therefrom that portion. conveyed to the City of San Luis Obispo in deed recorded November 15, 1974 in Book 1806, Page 315 of Official Records. ALSO EXCEPTING therefrom Lots 1 through 40, Lot A, Stoneridge Drive, Bluerock Drive, Blueroc_k Court and Rockview Place as.shown upon the map of Tract No. 1150, in the County of San Luis Obispo, State of California, according to trap recorded in Book 13, Page 48 of Maps, in the office of the County Recorder of said County. ALSO EXCEPTING therefrom that portion of Tract No. 1150 as described in the Gift Deed to the City of San Luis Obispo recorded April 9, 1993 in Book 4068, Page 185 of Official Records. ALSO EXCEPTING Tract No. 2126, in the City of San Luis Obispo, in the County of San Luis Obispo, State of California, as recorded March 21, 1997 in Book 18, Page 1 of Maps, in the office of the County Recorder of said County and Certificate of Correction recorded May 8, 1998 as Instrument No. 1998 -027041 of Official Records. (continues on next page) �i Property description (continued) KU1140t» All that part of Government Lots 3 and 4 arid the South 1/2 of the Northwest 1/4 of Section 2 in Township 31 South, Range 12 East, Mount Diablo Base and Meridian, partially in the City of San Luis Obispo, in the County of San Luis Obispo, State of California, according to the official plat of the survey of said land approved by- the - Surveyor General on November 21, 1867, described as follows: Beginning at the 1/4 section corner between Sections 2 and 35 on the line between Townships 30 and 31 South, Range 12 East, Mount Diablo Base and Meridian and running thence West between Sections 2 and 35 aforesaid about 30 chains to post R. No. 2; thence South 40.25 chains to a post marked R. No. 1 on the center East and West line of Section 2; thence East about 30 chains to the center of said Section 2; thence North about 40 chains to the place of beginning. EXCEPTING therefrom that portion thereof conveyed to H.E. McBride in deed dated May 5, 1887 and recorded May 5, 1887 in Book X, Page 58 of Deeds. ALSO EXCEPTING therefrom that portion of Tract No. 1150 as described in the Gift Deed to the City of San Luis Obispo recorded April 9, 1993 in Book 4068, Page 185 of Official Records. ALSO EXCEPTING therefrom those portions offered for dedication to the City of San Luis Obispo, in the documents recorded in Book 2881, Page 726 and in Book 2881, Page 730 of Official Records. ALSO EXCEPTING Tract No. 2126, in the City of San Luis Obispo, in the County of San Luis Obispo, State of California, as recorded March 21, 1997 in Book 18, Page 1 of Maps, in the office of the County Recorder of said County and Certificate of Correction recorded May 8, 1998 as Instrument No. 1998- 027041 of Official Records. �' � � � ��� '�i -; RESOLUTION NO. 8895 (1999 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A NEGATIVE DECLARATION OF ENVRONMENTAL IMPACT FOR THE NORTHWEST MARGARITA AREA ANNEXATION AND PREZONING (ER 175 -98) WHEREAS, the City Council conducted a public hearing on January 5, 1999, and has considered testimony of interested parties, the records of the Planning Commission hearing and action, and the evaluation and, recommendation of staff, and WHEREAS, the City Council has considered the draft Negative Declaration of environmental impact as prepared by staff and reviewed by the Planning Commission. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Determination. The City Council finds and determines that the project's Negative Declaration adequately addresses the potential environmental impacts of the proposed annexation and zoning, and reflects the independent judgment of the City Council. The Council determines that the annexation and zoning will have no significant effects on the environment. The Council hereby adopts said Negative Declaration. On motion of Vice Mayor Romero , seconded by Council Member Ewa t; and on the following roll call "vote: AYES: Council Members Ewan and Marx, Vice Mayor Romero, and Mayor Settle NOES: None ABSENT: Council Member Schwartz the foregoing resolution was adopted this 5 tlVay of January , 1999. Resolution No. 8895 Page 2 Mayor Allen K. Settle City Clerk Lee Price APP VED AS TO FORM: Lcq Atto ey Jeff Jorgensen R8895 �/��J 1''� (Z� �. RESOLUTION NO.8 8 9 4 (1999 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ADJUSTING THE COMPENSATION FOR THE CITY'S CONFIDENTIAL EMPLOYEES FOR THE PERIOD OF JANUARY 1, 1999 THROUGH DECEMBER 31, 2000 WHEREAS, the City of San Luis Obispo designates the Executive Secretary to the City Administrative Officer, the Executive Secretary to the Personnel Director, the Legal Secretary and the Personnel Assistant II as confidential employees pursuant to the Government Code, WHEREAS, as such, confidential employees are precluded from collective bargaining and therefore are not governed by a collective bargaining agreement, WHEREAS, the wages, hours and other terms and conditions of employment for confidential employees are established by resolution, BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby resolves as follows: SECTION 1. The salaries of the confidential employees shall be increased by 3.5% effective the first day of the first full pay period of January 1999 and by 3% effective the first day of the first full pay period of January 2000. SECTION 2. The health insurance contribution for confidential employees shall be increased to $420 per month effective the first day of the first Rill pay period of January 1999. SECTION 3. The Finance Director shall adjust the Personnel Services appropriation accounts to reflect these changes. Upon motion of Vice Mayor Romero seconded by Council Member Ewan , and on the following roll call vote: AYES: Council Members Ewan and Marx, Vice Mayor Romero, NOES: and Mayor Settle None ABSENT: Council Member Schwartz the foregoing re lution was o ted this 5- th day of Januar 1999. ATTESIf: n 1 ,, /? _ Lee Price, CMC (- City Clerk Mayor Allen Settle APPROVED AS TO FORM: 4orgensen, �'o� Jeffery City Attorney Sires -conf l��,z�� �- o f�1fJ ���� ��,v��� �� ) .. _1 RESOLUTION NO. 8 8 930999 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING AND RATIFYING THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO CITY FIRE BATTATLION CHIEFS' ASSOCIATION FOR THE PERIOD OF JULY 17 1998 - JUNE 307 2000 BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby resolves as follows: SECTION 1. The Memorandum of Agreement between the City of San Luis Obispo and the San Luis Obispo Fire Battalion Chiefs' Association, attached hereto as Exhibit "A" and incorporated herein by this reference, is hereby adopted and ratified. SECTION 2. The Finance Director shall adjust the Personnel Services appropriation accounts to reflect the negotiated compensation changes. SECTION 3. The City Clerk shall furnish a copy of this resolution and a copy of the executed Memorandum of Agreement approved by it to: Warren Stephenson, Battalion Chief, and Ann Slate, Personnel Director. Upon motion of Vice Mayor Romero , seconded by Council Member Ewan. , and on the following roll call vote: AYES: Council Members and Mayor Settle NOES: None Ewan and Marx, Vice Mayor Romero, ABSENT: Council Member Schwartz the foregoing resolution was opte this 5th day of January '1999. A' i G� Mayor Allen Settle APPROVED AS TO FORM: Rem ity Attorney � � r� � � � y f''G ✓�i � �w�� �,�.�� � � ��� �L4 RESOLUTIONNO.8892 (1999SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 2133 WHEREAS, the City Council made certain findings concerning Tract 2133, as contained in Resolution No. 8178 (1993 Series), and WHEREAS, the City Council approved the final map for Tract 2133 per Resolution No. 8641 (1996 Series), and WHEREAS, the subdivider has satisfactorily completed the subdivision improvements for Tract 2133, in accordance with City standards, specifications and the subdivision agreement and has requested that the City accept the public improvements for maintenance and operation and release of pertinent surety. NOW THEREFORE, the City Council hereby accepts the public improvements for Tract No. 2133. The Faithful Performance surety is hereby reduced to ten (10) percent of its principal amount, in accordance with the subdivision agreement. The Labor and Materials surety shall be held for the period prescribed in Section 66499.7 of the Subdivision Map Act. Onmotionof Vice Mayor Romero ,secondedby Council Member Ewan and on the following roll call vote: AYES: Council Members Ewan and Marx, Vice Mayor Romero, and Mayor Settle NOES: None ABSENT: Council Member Schwartz ResolutionNo8892(1999 Series) Page Two the foregoing Resolution was passed and adopted this 5 th day of January , 1999. Mayor Approved as to Form: /Izjd� ."� - 4jR City Air&rdy Jeffrey G. Jorgenson L /Council Agenda Repons/Final Acceptance Resolution -Tract 2133 (-�Il C RESOLUTION NO. 8891 (1999SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 1750 (Unit 3) WHEREAS, the City Council made certain findings concerning Tract 1750 (Unit 3), as contained in Resolution No. 6874 (1990 Series), and WHEREAS, the City Council approved the final map for Tract 1750 (Unit 3) per Resolution No.. 8417 (1995 Series), and WHEREAS, the subdivider has satisfactorily completed the subdivision improvements for Tract 1750 (Unit 3) in accordance with City standards, specifications and the subdivision agreement, and has requested that the City accept the public improvements for maintenance and operation and for release of appropriate surety. NOW THEREFORE, the City Council hereby accepts the public improvements for Tract No. 1750 (Unit 3). The Faithful Performance bond, which was previously reduced to $230,000 based on completed work per Resolution No. 8755 (1998 Series) and which is approximately ten (10) percent of the original bond amount, shall be held for one (1) year, unless replaced by a separate "warranty bond" (at the discretion of the subdivider), in accordance with the subdivision agreement. The Labor and Materials bond in the previously reduced amount of $115,000 shall be held for the period prescribed in Section 66499.7 of the Subdivision Map Act. Onmotionof Vice Mayor Romero ,secondedby Council Member Ewan and on the following roll call vote: AYES: Council Members Ewan and Marx, Vice Maryor Romero, and Mayor Settle NOES: None ABSENT: Council Member Schwartz ResolutionN08891 (1999 Series) Page Two the foregoing Resolution was passed and adopted this 5th day of January , 1999. Mayor Allen Approved as to Form: City Attorn y Jeffrey G. Jorgenson Final Acceptance - Tract 1750 Unit 3 R8891 Pg n RESOLUTION NO.., 8 8 9 0 (1999 SERIES) A RESOLUTION OF THE COUNCIL THE CITY OF SAN LUIS OBISPO ADDING PROPERTIES AT 742 AND 755 CENTER STREET; 30, 45, 59, 63, 69,115,116, 1289 1589 1737 1839 190, 2119 AND 360 CHORRO STREET; AND 412 MARSH STREET TO THE CONTRIBUTING PROPERTIES LIST OF HISTORIC RESOURCES WHEREAS, in 1983 the City Council adopted Resolution No. 5197 establishing the "Master List of Historic Resources" and "Contributing Properties List' (collectively, referred to as "Historic Resources "), along with procedures for adding properties to the listing; and WHEREAS, on July 27, 1998, and October 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 or the Contributing Properties List due to their historical and/or architectural significance to their neighborhood and to the comrriunity; 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 Contributing Properties List of Historic Resources: 0 742 AND 755 CENTER STREET • 30, 45, 59, 63, 69, 115, 116, 128, 158, 173, 183, 190, 211, AND 360 CHORRO STREET e 412 MARSH STREET WHEREAS, this City Council considered this recommendation during a public hearing on January 5, 1999 pursuant to historic preservation guidelines established by Council Resolution No. 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 Council Resolution No. 8890 (1999 Series) Page 2 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 Contributing Properties List. The following properties have been found to contribute to the historic and architectural character of the City and meet the criteria for inclusion on the Contributing Properties List: 742 And 755 Center Street • 30, 45, 59, 63, 69, 115, 116, 128, 158, 173, 183, 190, 211, and 360 Chorro Street • 412 Marsh Street SECTION 2. Environmental Determination. The City Council hereby determines that this action is not a "project" as defined in Article 20 of the California Environmental Quality Act (CEQA) since does not have the potential for resulting in a physical change in the environment, and therefore, is not subject to environmental review requirements. SECTION 3. Publish Revised Master List. The Community Development Director is hereby directed to amend the Contributing Properties List to include the properties listed above, and to publish revised historic resource listings for public distribution. On motion oglice Mayor Romero _ , seconded by Council Member and Ewan on the following roll call vote: AYES: Council Members Ewan, and Mar-s,.Vice Mayor- Romero, and Mayor Settle NOES: None ABSENT: Council Member Schwartz the foregoing Resolution was passed and adopted this 5th day of January, 1999. Council Resolution No. 8890 (1999 Series) Page 3 V City Clerk APPROVED: City Attorney jhIL ust=nom3.cces z� c� � ����