HomeMy WebLinkAbout9175-9199�:' 1 0
RESOLUTION NO. 9199 (2001 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE 2001 -03 FINANCIAL PLAN AND 2001 -02 BUDGET
WHEREAS, the City Administrative Officer has submitted the Preliminary 2001 -03
Financial Plan to Council for their review and consideration in accordance with budget policies
and objectives established by the Council; and
WHEREAS, the final 2001 -03 Financial Plan is based upon extensive public comment
and direction of the Council after scheduled budget study sessions and public hearings..
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that the 2001 -03 Financial Plan is hereby approved and that the operating, debt service
and capital improvement plan budget for the fiscal year begriming July 1, 2001 and ending June
30, 2002 is hereby adopted.
On motion of Vice Mayor Ewan, seconded by Council Member Schwartz, and on the
following roll call vote:
AYES: Council Members Marx, Mulholland; Schwartz, Vice Mayor Ewan, and
Mayor Settle
NOES: None
ABSENT: None
The foregoing Resolution was passed and adopted this 19th day of June, 2001.
I ,
ayor Allen Settle
AT S :.
Lee Price..City Clerk
APPROVED:
ity
.G WE
RESOLUTION NO. 9198 (2001 Series)
RESOLUTION DECLARING THE NEED FOR TWO TAXI OPERATORS IN THE
CITY OF SAN LUIS OBISPO ON A ONE YEAR TRIAL BASIS
WHEREAS, the City Council of the City of San Luis Obispo desires to provide
for taxi service for it's citizens;
WHEREAS, Central Coast Taxicab is the current taxi operator in the City of San
Luis Obispo and has operated in the City since 1996;
WHEREAS, the City has received an application from Beach Cities Cab
Company to operate taxi service in the City;
WHEREAS, the City has evaluated the demand for additional taxi operators in
the City; and
WHEREAS, the City has determined the need for an additional taxi operator in
the City on a one year trial basis.
NOW, THEREFORE, BE IT RESOLVED that the City Council declares the
following:
1. There exists the need for two taxi operators in the City of San Luis
Obispo;
2. The CAO or his designee is authorized to execute the Certificate of Public
Convenience and Necessity and Taxi Permit to Beach Cities Cab
Company on a one year trial basis, in accordance to the Municipal Code
5.20.
Upon motion of Council Member Mulholland, seconded by Vice Mayor Ewan,
and on the following roll call vote:
AYES: Council Members Marx, Mulholland, Schwartz, Vice Mayor
Ewan, and Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 19th day of June, 2001.
Resolution No. 9196 (2001 Series)
Page 2 of 2
len Settle, Mayor
�„I�
ti�
� � �J ��
tii
0 C
RESOLUTION NO. 9197 (2001 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING THE APPROPRIATIONS LIMIT FOR 2001 -02
WHEREAS, the voters approved the Gann Spending - Limitation Initiative on November 6,
1979 and Proposition 111 on June 5, 1990, which establish and define annual appropriation limits
on state and local government agencies; and
WHEREAS, regulations require that the governing body of each local agency establish its
appropriations limit and annual adjustment factors by resolution; and
WHEREAS, the required calculations to determine the City's appropriations limit and
estimated appropriations subject to limitation for 2001 -02 have been performed by the Department
of Finance and are available for public review.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis
Obispo hereby adopts the City's appropriations limit and annual adjustment factors for 2001 -02 as
follows:
Appropriations Limit: 2000 -01 $35,309,000
Cost of Living Factor: California Per Capita Income 7.82%
Population Factor: County Population Growth 1.60%
Appropriations Limit: 2001 -02 $38,679,300
Upon motion of Council Member Mulholland, seconded by Vice Mayor Ewan, and on
the following roll call vote:
AYES: Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan, and
Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was adopted this 19' day of June 2001.
Lee.Price,.City Clerk
APPROVED AS TO FORM:
WEEP MI _ rL
j:.
ayor Allen Settle
R 9197
C
APPROPRIATIONS LIMIT HISTORY
The Gann. Spending Limit Initiative, a State constitutional
amendment adopted by the voters on June 6, 1979, restricts
appropriations from tax revenues by State and local governments.
Under its provisions, no local agency can appropriate proceeds of
taxes in excess of its "appropriations limit." Excess funds may
be carried over into the next year; however, any excess funds
remaining after the second year must be returned to taxpayers by
reducing tax rates or fees; or a majority of the voters may approve
an override to increase the limit.
The following summarizes changes in the City's appropriations
limit and appropriations subject to the limit since the effective date
of the initiative. While there are exceptions, in general, the City's
appropriations limit increases annually by compound changes in
cost -of -living and population. This summary also reflects changes
made by Proposition 111 (adopted in June 1990) in determining
the appropriations limit as well as the appropriations subject to it.
Attachment K.919/
\-
1978 -79
Appropriations Limit: 1979 to 2062
$40,000.000
$8,018,200
$8,018,200
330,000,000
1979 -80
$20,000,000
10.17%
$10,000,000
8,803,600
$6,189,700
2,613,900
1980 -81
8,803,600
12.11%
Fiscal Year Ending
- Appropriations Limit ®Appropriations Subject to Limit
5,795,500
4,125,500
1978 -79
$8,018,200
$8,018,200
1979 -80
$8,018,200
10.17%
-0.34%
8,803,600
$6,189,700
2,613,900
1980 -81
8,803,600
12.11%
0.52%
9,921,000
5,795,500
4,125,500
1981 -82
9,921,000
9.12%
1.03%
10,937,300
8,296,800
2,640,500
1982 -83
10,937,300
6.79%
2.59%
11,982,500
8,247,800
3,734,700
1983 44
11,982,500
2.35%
1.42%
12,438,200
9,414,900
3,023,300
1984 -85
12,438,200
4.74%
2.13%
13,305,300
10,356,500
2,948,800
1985 -86
13,305,300
3.74%
2.04%
14,084,500
11,451,800
2,632,700
1986.87
14,084,500
2.30%
2.97%
14,836,300
13,081,800
1,754,500
Pre - Proposition 111
1987 -88
14,836,300
3.04%
0.71%
15,395,900
14,411,700
984,200
1988 -89
15,395,900
3.93%
4.10%
16,657,000
15,223,500
1,433,500
1989 -90
16,657,000
4.98%
2.93%
17,998,800
16,753,800
1,245,000
Post - Proposition 111
1987 -88
14,836,300
3.47%
2.93%
15,800,900
14,411,700
1,389,200
1988.89
15,800,900
4.66%
4.10%
17,215,200
15,223,500
1,991,700
1989 -90
17,215,200
5.19%
3.92%
18,818,600
16,691,800
2,126,800
1990 -91
18,818,600
4.21%
4.59%
20,511,000
15,005,400
5,505,600
1991 -92
20,511,000
4.14%
3.04%
22,009,500
14,911,100
7,098,400
1992 -93
22,009,500
- 0.64%
1.00%
22,087,300
18,094,900
3,992,400
1993 -94
22,087,300
2.72%
1.86%
23,110,100
15,215,000
7,895,100
1994 -95
23,110,100
0.71%
1.40%
23,600,000
16,778,400
6,821,600
1995 -96
23,600,000
4.72%
1.60%
25,109,300
15,530,800
9,578,500
1996 -97
25,109,300
4.67%
2.31%
26,889,000
16,825,500
10,063,500
1997 -98
26,889,000
4.67%
2.06%
28,724,500
17,513,200
11,211,300
1998 -99
28,724,500
4.15%
2.70%
30,724,300
17,291,800
13,432,500
1999 -00
30,724,300
4.53%
2.28%
32,848,400
18,030,500
14,817,900
2000 -01 •
32,848,400
4.91%
2.46%
35,309,000
18,802,000
16,507,000
2001 -02'
35,309,000
7.82%
1.60%
38,679,300
23,324,300
15,355,000
• Aaarovriations subiect to limit are estimaites for these vears
C O
RESOLUTION NO. 9196 (2001 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A PROPOSAL FOR SUBMISSION TO THE COUNTY AIR POLLUTION
CONTROL DISTRICT AS PART OF THE MOTOR VEHICLE EMISSION REDUCTION
FUND (MOVER) PROGRAM
WHEREAS, on April 5, 2001, the County Air Pollution Control District (APCD)
distributed Request for Proposals (RFP) for projects and programs that help reduce air pollution;
and
WHEREAS, the City of San Luis Obispo has long supported programs that maintain clean
air in the San Luis Obispo region and has adopted plans, policies and standards that support the
County's Clean Air Plan (CAP); and
WHEREAS, as part of its transportation planning and management program, the City of
San Luis Obispo is prepared to undertake programs, using MOVER funds, which will further the
cause of preserving the regions clean air resources.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Luis Obispo hereby:
1. Approves the Downtown Transit Pass Buydown Program proposal ($15,000), and the
Vehicle Emission Reduction Project proposal ($175,000) and hereby authorizes their submittal to
the San Luis Obispo County Air Pollution Control District for consideration:
2. Appoints the City Administrative Officer, or his designee, 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.
Upon motion of Council Member Mulholland, seconded by Vice Mayor Ewan, and on
the following roll call vote:
AYES: Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan, and
Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 19t' day of June 2001.
R 9196
Resolution No. 9196 (2001 Series)
Page 2 of 2
/, en K. Settle, Mayor
�4 ATTEST: i
Lee Price, City Clerk
APPROVED AS TO FORM:
O
� `,� � ® O
� � ���
G�,�,��
RESOLUTION NO. 9195 (2001 Series)
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING THE EXECUTION OF THE AGREEMENT BETWEEN THE CITY
AND CAL POLY FOR THE CAL POLY SUBSIDY PROGRAM
WHEREAS, the City of San Luis Obispo (referred hereinafter as the City) operates SLO
Transit;
WHEREAS, the public transit service receives a subsidy from the California Polytechnic
State University, San Luis Obispo (referred hereinafter as Cal Poly) in accordance to the Subsidy
agreement executed on July 1, 1997;
WHEREAS, the City allows Cal Poly students with valid student identification board
any bus operated by SLO Transit without paying a fare;
WHEREAS, the current Zero Fare agreement expires on June 30, 2001; and
WHEREAS, the City and Cal Poly desire to continue Subsidy program and have jointly
developed a mutually acceptable program. .
NOW THEREFORE, BE IT RESOLVED that the City Administrative Officer be authorized
to execute the Agreement between the City and Cal Poly for the Cal Poly Subsidy Program for
Fiscal Years 2001 -02 through FY 2005 -06.
Upon motion of Council Member Mulholland, seconded by Vice Mayor Ewan, and on
the following roll call vote:
AYES: Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan, and
Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 19t' day of June, 2001.
AT T: '
Lee Price, City Clerk
of orge se ity ttorney
R 9195
1�r�U
P
RESOLUTION NO. 9194 (2001 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE EMPLOYMENT CONTRACT OF DEBORAH J. HOLLEY,
DOWNTOWN ASSOCIATION ADMINISTRATOR, AND CHRISTINE D. BRAGG,
THURSDAY NIGHT ACTIVITIES AND PROMOTIONS COORDINATOR FOR THE
PERIOD JULY 19 2001 THROUGH JUNE 309 2002
NOW THEREFORE 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 Downtown Association Administrator for the period July 1, 2001
through June 30, 2002, 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
CHRISTINE D. BRAGG as Thursday Night Activities and Promotions Coordinator for the period
of July 1, 2001 through June 30, 2002, attached hereto as Exhibit `W' 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 Member Mulholland seconded by Vice Mayor Ewan, and on the
following roll call vote:
AYES: Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan and
Mayor Settle
NOES: None
ABSENT: None
The foregoing Resolution was passed and adopted this 19t' day of June 2001.
ayor Allen K. Settle
ATTEST:
Lee Price, Cit Jerk
APPROVED AS TO FORM AND CONTENT:
callAl - ;�4" ��
J Oomey
R 9194
O O
Resolution No 9194 (2001 Series)
Exhibit A Pages 2 -6
Exhibit B Pages 7 -12
THIS CONTRACT is entered into this 5"' day of June, 2001, 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 ").
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 4% of the
employee's share to be paid by Employee, 3% of the employee's share to be paid by the Downtown
Association. Employee shall accrue holiday and sick leave benefits consistent with other positions
in the City and as determined by the Director of Human Resources. Employee shall accrue 8 hours
`?
O O
Resolution No 9194 (2001 Series)
Exhibit A Pages 2 -6
Exhibit B Pages 7 -12
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 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
$4,000.00 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 Employe . 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. Com=pensation. City shall pay to Employee as compensation in full for all services
performed by Employee pursuant to the Contract, the sum of $4,862.46 per month ($58,349.50 per
year), said compensation to be paid in accordance with normal City procedures.
6. Term of Contra t. This Contract shall commence on July 1, 2001 through June 30,
2002, 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
3
C O
Resolution No 9194 (2001 Series)
Exhibit A Pages 2 -6
Exhibit B Pages 7 -12
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 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 termination.
9. Entire Ao eement 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.
4
o
Resolution No 9194 (2001 Series)
Exhibit A Pages 2 -6
Exhibit B Pages 7 -12
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 Tnterest. 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. Copy fight. 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.
a. Employee may engage in outside activities such as part-time teaching,
5
O O
Resolution No 9194 (2001 Series)
Exhibit A Pages 2 -6
Exhibit B Pages 7 -12
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 Administrator or give rise to the appearance of impropriety.
16. EnforceahilitT. 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:
CITY OF SAN LUIS OBISPO
BY: �v
OR
EMPLOYEE:
Deborah J. Holley
/ Lee Price, C Clerk
U APPROVED AS TO FORM
MV
6
O Resolution No 9194 (2001 Series)
Exhibit A Pages 2-6
Exhibit B Pages 7 -12
THIS CONTRACT is entered into this 5 h day of June, 2001, by and between the CITY OF
SAN LUIS OBISPO, State of California (hereinafter referred to as "City "), and CHRISTINE D.
BRAGG, a contract employee (hereinafter referred to as "Employee ").
WHEREAS, the City of San Luis Obispo has a need for a Downtown Association (DA)
Thursday Night Activities and Promotions Coordinator (TNA/PQ and
WHEREAS, Employee is qualified to perform such service for City; and
WHEREAS, the services to be contracted for are DA TNA/PC.
NOW, THEREFORE, the parties do mutually agree as follows:
1. EmpLyment. 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 Servims. Pursuant to this Contract, Employee shall provide to City the
following services: TNA/PC for the DA; specific duties and responsibilities to be established and
modified from time to time by the DA Board. Employee shall perform said services under the
direct supervision of DA Administrator.
3. Employment Sta us. Employee shall be a full -time employee. Membership in the City
PERS retirement program shall be in accordance with PERS requirements with 5% of Employee's
share to be paid by Employee and 2% of the Employee's share paid by the Downtown Association.
Employee shall receive 13 days of holiday and accrue sick leave at a rate of 8 hours per month.
Employee shall accrue 8 hours of vacation per month over the term of this Agreement which shall
7
0
0
Resolution No 9194 (2001 Series)
Exhibit A Pages 2 -6
Exhibit B Pages 7 -12
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
$1,500.00 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 Emi lnyee. 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 $3,021.33 per month ($36;256 per
year), said compensation to be paid in accordance with normal City procedures.
6. Terra of Contract. This Contract shall commence on July 1, 2001 through June 30,
2002, 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
8
Resolution No 9194 (2001 Series)
Exhibit A Pages 2 -6
Exhibit B Pages 7 -12
found to be improper. 8. Termination of Contract for Ca=. 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 termination.
9. Fntire 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
0
O OResolution No 9194 (2001 Series)
Exhibit A Pages 2 -6
Exhibit B Pages 7 -12
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. Wight. 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.
MKONIMBIRIM-Ins ON Zen xWeTer, M9F MI IM 17-M M6
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/PC or give rise to the appearance of impropriety.
10
C' resolution No 9194 (2001 Series)
Exhibit A Pages 2 -6
Exhibit B Pages 7 -12
16. Fnforceahilitw. 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 hereinab6ve set forth.
CITY OF SAN LUIS OBISPO
M9
ATTEST:
Lee Nce, C' ' Clerk
APPROVED AS TO FORM
w . D. /.
IUV M
11
RESOLUTION NO. 9193 (2001 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING AN APPEAL OF THE PLANNING COMMISSION'S ACTION,
THEREBY UPHOLDING THE DECISION TO DENY THE REQUEST TO
ALLOW UNAUTHORIZED BEDROOM CONVERSIONS TO REMAIN, IN
VIOLATION OF CITY DENSITY STANDARDS, AT 1110 IRIS STREET (OTHER
033-01)
WHEREAS, the Planning Commission conducted a public hearing on April 11,
2001, and denied the request, based on findings, and with conditions; and
WHEREAS, Michael S. Demaree, 4 Pinewood, Irvine, California, 92604, filed an
appeal of the Planning Commission's action on April 23, 2001; and
WHEREAS, the City Council conducted a public hearing on June 5, 2001, and has
considered testimony of interested parties including the appellant, the records of the
Planning Commission's action of April 11, 2001, and the evaluation and recommendation of
staff.
NOW, THEREFORE, 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 appeal request
(Other O 33 -01), the appellant's statements, staff recommendations and reports thereof,
makes the following findings:
Allowing the five two - bedroom units at the site to remain results in an overall
project density of 5.66 units. This is in direct violation of the City's zoning
regulations (Section 17.16.010), which allow 4.28 units at the site (0.36 acre x 12
units/acre = 4.28 units).
2. Allowing the five two - bedroom units at the site to remain would constitute a grant of
special privilege, an entitlement inconsistent with the limitation upon other
properties in the vicinity with the same zoning, given that other development
projects in the immediate area have been required to maintain their approved
number of bedrooms, consistent with density standards.
3. The five one - bedroom units as shown on the originally approved plans were illegally
converted to two - bedroom units without a building permit and City approval.
4. As included in Condition No. 8 of Use Permit U0637, the original Planning
Commission use permit approving the project in 1977, all dwelling units at the site
were limited to one bedroom each, and no partitions, permanent or temporary, were
allowed to divide approved one - bedroom space into two spaces or bedrooms.
R 9193
'J
Resolution No. 919(2000 Series)
Page 2 of 2
SECTION 2. Action - Appeal Denied. The appeal of the Planning Commission is
hereby denied. Therefore, the Commission's action to deny the request to allow
unauthorized bedroom conversions to remain, in violation of City density standards, is
upheld, subject to the following condition:
The applicant shall submit plans to the Building Division and obtain a building
permit to remove the added wall and door down the center of the upper floor of five
of the units to create conforming one - bedroom apartments, as previously directed by
Community Development Department staff and the Planning Commission.
On motion of Council Member Schwartz, seconded by Council Member Mulholland, and
on the following roll call vote:
AYES: Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan,
and Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 5th day of June, 2001.
ATTEST:
City Clerk Lee Price
APPROVED:
i "eyffre . Jo rgensen
LL
RESOLUTION NO. 9192 (2001 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY
OF SAN LUIS OBISPO APPROVING A TENTATIVE
MAP FOR NINE LOTS AND MITIGATED
NEGATIVE DECLARATION AT 1795 MCCOLLUM
STREET (TR, ER 189 -00)
WHEREAS, the Planning Commission conducted a public hearing on, April 25,
2001, and has considered testimony of the applicant, interested parties, and the evaluation
and recommendation of staff and recommended approval of the project to the City Council,
and
WHEREAS, the City Council conducted a public hearing on, June 5, 2001, and has
considered testimony of the applicant, interested parties, the evaluation and recommendation
of staff and the records of the Planning Commission hearing and action; and
WHEREAS, the City Council finds that the project is consistent with the State
Subdivision Map Act, City Zoning Ordinance, Building Code and other applicable City
ordinances; and
WHEREAS, the City Council has considered the draft Negative Declaration of
environmental impact as prepared by staff and reviewed by the Planning Commission;
NOW, THEREFORE, BE IT RESOLVED, by the City 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 with Mitigation Measures and Monitoring
Program adequately addresses the potential significant environmental impacts of the
proposed rezoning, subdivision and development of seven new single - family dwellings, and
reflects the independent judgment of the City Council. The Council hereby adopts said
Negative Declaration and incorporates the following mitigation measures and monitoring
program into the project.
Mitigation Measure and Monitoring Program
Air Quality
The following dust control measures shall be implemented during the construction
phase of the project. These mitigation measures are to be monitored by Community
Development Department and Public Works Department staff responsible for
routinely visiting the project site during grading and construction to insure
compliance with these and other City requirements. These mitigation measures shall
be re- printed on the title page of all approved project plan sets.
a) Reduce the amount of disturbed area where possible.
R 9192
C
Resolution No. 9192
Page 2 of 6
b) Water trucks or sprinkler systems shall be used in sufficient quantities to
prevent airborne dust from leaving the site. Increased watering efficiency is
required whenever wind speeds exceed 15 mph. Reclaimed (nonpotable )
water should be used whenever possible.
c) All dirt stockpiles areas should be sprayed daily as needed.
d) Landscape plans should be implemented as soon as possible following
completion of building construction.
e) Exposed ground areas that are planned to be reworked at dates greater than
one month after initial grading should be sown with a fast - germinating
native grass seed and watered until vegetation is established.
f) All roadways, driveways, sidewalks, etc. to be paved should be completed as
soon as possible. In addition, foundations should be laid as soon as possible
after grading unless seeding or soil binders are used.
g) Vehicle speed for all construction vehicles shall not exceed 15 mph on any
unpaved surface at the construction site.
h) Install wheel washers where vehicles enter and exit unpaved roads onto
streets, or wash off trucks and equipment. leaving the site.
i) Sweep the street at the end of each day if visible soil material is carried onto
adjacent paved roads. Water sweepers with reclaimed water should be used
where feasible.
SECTION 2. Findings. That this Council, after consideration of the proposed
project (TR, ER 189 -00), the applicant's statement, the recommendations of staff and
advisory bodies, and reports thereof, makes the following findings:
1. As conditioned, the proposed map is consistent with the General Plan because the
subdivision will provide for detached dwellings with useable backyard space.
2. As conditioned, the design or improvement of the proposed subdivision is consistent
with the General Plan because dwellings will provide a sense of individual identity
and neighborhood cohesion for the households occupying them.
3. The site is physically suited for the proposed type of development because it is a
relatively flat, undeveloped site that has few trees and the site is adjacent to an
existing street right -of -way that will be improved in, conjunction with this project.
4. As conditioned, the site is physically suitable for the proposed density of
development because the site is within an existing City block, services are available
to serve the development, and a storm drain system is proposed to insure that
Resolution No. 9192
Page 3 of 6
additional runoff from the project will be collected and disposed of per City
standards.
5. The design of the subdivision, or the type of improvements, is not likely to cause
substantial environmental damage or substantially and unavoidably injure fish or
wildlife or their habitat because the site does not have any creeks or other potential
habitat areas for fish or wildlife.
6. The design of the subdivision, or type of improvements, is not likely to cause serious
public health problems because the type of improvements are residential and
development will be designed to meet existing building and safety codes.
7. The design of the subdivision, or the type of improvements, will not conflict with
easements, acquired by the public at large, for access through or use of, property
within the proposed subdivision because no such easements exist.
SECTION 3. Approval. That the proposed tentative map (TR, ER 189 -00, 1795 McCollum
Street) is hereby approved subject to the following conditions and code requirements:
1. The proposed connection to the storm drain manhole adjacent to lot six shall be
realigned southwesterly into lot 7 to the approval of the Public Works Director.
2. A registered soils engineer shall prepare a report addressing the existing storm drain
crossing this property under and adjacent to proposed building sites. The report
shall specify mitigation options for abandonment in place as well as removal of the
pipe, to the approval of the Director of Public Works and Chief Building Official.
3. The subdivider shall construct a City Standard street type entrance, including curb
returns and handicap ramps, at the intersection of the private drive and McCollum
Street.
4. The subdivider shall install street lighting and all associated facilities (conduits,
sidewalk vaults, fusing, wiring, luminaries, etc.) per City standards, as determined
by the Director of Public Works.
5. Final grades and alignments of all water, sewer and storm drains (including service
laterals and meters) shall be subject to change to the satisfaction of the Director of
Public Works and Utilities Engineer.
6. All lots shall be graded to preclude cross -lot drainage, or appropriate easements and
drainage facilities shall be provided, to the satisfaction of the Director of Public
Works and the Chief Building Official.
8. The subdivider shall submit a hydrology study, prepared by a registered civil
engineer, indicating the effects of the proposed development on adjacent and
downstream properties, prior to recordation of the final map. The scope of the study
0 0
Resolution No. 9192
Page 4 of 6
must include analysis of all existing public and private drainage facilities and creek
capacities between this property and an adequate point of disposal, to the satisfaction
of the Director of Public Works.
9. The storm drain easement along the easterly side of lots 7 and 8 shall not be less than
2.5m wide, to the satisfaction of the Director of Public Works.
10. Storm drain easements along the southerly side of proposed lots 3 and 6 do not
connect and therefore do not form a continuous easement. Said easement shall
extend to the common lot line of lots 3 and 6, to the satisfaction of the Director of
Public Works.
11. The private sewer main serving lots 2, 3,5 and 6 shall connect to the City sewer main
via a new manhole to be constructed by the subdivider, to the satisfaction of the
Director of Public Works and Utilities Director.
12. Easements shall be provided to accommodate the extension of private water services
from the water meters located in the public sidewalk on McCollum St, to the
satisfaction of the Director of Public Works.
13. A 3m wide street tree easement shall be dedicated along all public and private street
frontages, to the satisfaction of the Director of Public Works.
14: Street trees shall be planted along McCollum Street and the private drive frontage, to
the satisfaction of the City Arborist and the Architectural Review Commission.
Street tree planting shall be deferred to the development of each lot.
15. The foundation system for any structure placed on lot 8 shall be designed so as not
to impact, place loads on, or hinder the repair or replacement of the storm drain
along the easterly property line, to the satisfaction of the Director of Public Works.
16. 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 Director of Public
Works.
17. The final map, public improvement plans and specifications 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 Director of Public Works.
Resolution No. 9192
Page 5 of 6
18. The project shall require the installation of a fire hydrant on McCollum Street. Prior
to combustible construction the fire hydrant shall be installed, tested and placed in-
service in a location to be approved by the Fire Marshall and Public Works Director.
19. A laundry facility for each residence is required and has not been shown. If the
laundry is located within garages, then a minimum area of 18' -6" deep by 19' wide
is required for vehicle parking.
20. The applicant shall pay Park In -Lieu Fees consistent with SLO Municipal Code
Section 16.40.080.
21. Conditions, Covenants and Restrictions (C.C. &R.$) are required, to the approval of
the Community Development Director and the Public Works Director.
Code Requirements (the following list is intended to alert the applicant to significant
ordinance requirements related to the project, but is not an exhaustive list of all project
requirements):
A water allocation is required, due to the additional demand on the City's water
supplies. 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. The cost of retrofitting is directly credited against
the project's Water Impact Fees, at a rate of $150 per bathroom retrofitted. Water
and Wastewater Impact Fees are charged on a "per residential unit" basis and shall
be paid at the time building permits are issued.
2. The owner's engineer shall submit water demand and 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 offsite deficiency exists, the
owner will be required to mitigate the deficiency as apart of the overall project.
Each parcel is to have its own separate water and wastewater service laterals. Water
meters shall be located along McCollum, in accordance with City standards. All
water and sewer in the private drive shall be privately owned and maintained. The
joint ownership and maintenance of these facilities shall be addressed in the
homeowners' association CC &R's.
4. By ordinance, the applicant is required to prepare a recycling plan for approval by
the City to address the recycling of construction waste for projects valued at over
$50,000 or demolition of structures over 1000 square feet. The recycling plan shall
be submitted to the Building Department with the building plans. The City's Solid
Waste Coordinator can provide some guidance in the preparation of an appropriate
recycling plan.
Resolution No. 9192
Page 6 of 6
5. Traffic impact fees shall be paid prior to issuance of building permits.
On motion of Vice Mayor Ewan and, seconded by Council Member Marx, and on
the following roll call vote:
AYES: Council Member Marx, Vice Mayor Ewan and Mayor Settle
NOES: Council Members Mulholland and Schwartz
ABSENT: None
The foregoing resolution was passed and adopted this 5t' day of June 2001.
Lee Price, City Clerk
APPROVED AS TO FORM:
W
,V i °�
G a; \V
o (o
RESOLUTION NO. 9191 (2001 Series)
RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT
TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND
THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
WHEREAS, the Public Employees' Retirement Law permits the participation of
public agencies and their employees in the Public Employees' Retirement System by the
execution of a contract, and sets forth the procedure by which said public agencies may elect
to subject themselves and their employees to amendments to said Law; and
WHEREAS, one of the steps in the procedures to amend this contract is the
adoption by the governing body of the public agency of a resolution giving notice of its
intention to approve an amendment to said contract, which resolution shall contain a
summary of the change proposed in said contract; and
WHEREAS, the following is a statement of the proposed change:
To provide Section 21574 (Fourth Level of 1959
Survivor Benefits) and Section 21024 (Military
Service Credit as Public Service) for active and
separated local miscellaneous members.
NOW THEREFORE, BE IT RESOLVED that the governing body of the above
agency does hereby give notice of intention to approve an amendment to the contract
between said public agency and the Board of Administration of the Public Employees'
Retirement System, a copy of said amendment being attached hereto as an "Exhibit" and by
this reference made a part hereof.
Upon motion of Council Member Mulholland, seconded by Council Member Marx,
and on the following roll call vote:
DYES: Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan
and Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 5 h day of June 2001.
R 9191
Resolution 9191 (20U Series)
Page 2 of 2
i
Mayor Allen Settle
Lee Price, City Clerk
APPROVED AS TO FORM:
C
Resolution No. 9191 (2001 Series)
Exhibit
At to Page 1 of 4
California
Public Employees' Retirement System
- -
EXHIBIT
]Between the
Board of Administration
California Public Employees' Retirement Systems
and the
City Council
City of San Luis Obispo
The Board of Administration, California Public Employees' Retirement System,
hereinafter referred to as Board, and the governing body of the above public agency,
hereinafter referred to as Public Agency, having entered into a contract effective July 1,
1952, and witnessed June 9, 1952, and as amended effective October 1, 1962, October
3, 1963, October 1, 1974, June 1, 1976, December 1, 1976, December 20, 1978,
January 16, 1980, May 1, 1980, July 1, 1980, July 1, 1983, July 1, 1986, July 23, 1987,
November 16, 1989, August 8, 1993, November 5, 1999, January 1, 2000 and July 6,
2000 which provides for participation of Public Agency in said System, Board and Public
Agency hereby agree as follows:
A. Paragraphs 1 through 12 are hereby stricken from said contract as executed
effective July 6, 2000, and hereby replaced by the following paragraphs
numbered 1 through 12 inclusive:
1. All words and terms used herein which are defined in the Public
Employees' Retirement Law shall have the meaning as defined therein
unless otherwise specifically provided. "Normal retirement age' shall
mean age 55 for local miscellaneous members and age 50 for local safety
members.
2. Public Agency shall participate in the Public Employees' Retirement
System from and after July 1, 1952 making its employees as hereinafter
provided, members of said System subject to all provisions of the Public
Employees' Retirement Law except such as apply only on election of a
contracting agency and are not provided for herein and to all amendments
to said Law hereafter enacted except those, which by express provisions
thereof, apply only on the election of a contracting agency.
Resolution No. 9191 (2001 Series) Y
Exhibit
3. Employees of Public Agency in the following classesPHO OSe4come
members of said Retirement System except such in each such class as
are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members);
b. Local Police Officers (herein referred to as local safety members);
C. Employees other than local safety members (herein referred to as
local miscellaneous members).
4. In addition to the classes of employees excluded from membership by
said Retirement Law, the following classes of employees shall not become
members of said Retirement System:
a. CROSSING GUARDS..
5. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member shall
be determined in accordance with Section 21354 of said Retirement Law
(2% at age 55 Full).
6. The percentage of final compensation to be provided for each year of
credited prior and current service as a local safety member shall be
determined in accordance with Section 21362 of said Retirement Law (2%
at age 50 Full).
7. Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 21573 (Third Level of 1959 Survivor Benefits) for local fire
members only.
b. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local
miscellaneous members and local police members only.
C. Sections 21624, 21626 and 21628 (Post- Retirement Survivor
Allowance) for local safety members only.
d. Section 20965 (Credit for Unused Sick Leave)
e. Section 20042 (One -Year Final Compensation) for local
miscellaneous members; for those local fire members entering
membership on or prior to July 1, 1986; and for those local police
members entering membership on or prior to July 23, 1987.
0 0
Resolution No. 9191 (2001 Series)
Exhibit
f. Section 20475 (Different Level of Benefits Pro?Krd3 90 New
Employees). Section 20042 (One -Year Final Compensation) is not
applicable to local fire members entering membership after July 1,
1986 and to local police members entering membership after July
23, 1987.
g. Section 20903 (Two Years Additional Service Credit).
h. Section 21024 (Military Service Credit as Public Service), Statutes
of 1976.
8. Public Agency, in accordance with Government Code Section 20790,
ceased to be an "employer' for purposes of Section 20834 effective on
June 1, 1976. Accumulated contributions of Public Agency shall be fixed
and determined as provided in Government Code Section 20834, and
accumulated contributions thereafter shall be held by the Board as
provided in Government Code Section 20834.
9. Public Agency shall contribute to said Retirement System the contributions
determined by actuarial valuations of prior and future service liability with
respect to local miscellaneous members and local safety members of said
Retirement System.
10. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21573 of said Retirement
Law. (Subject to annual change.) In addition, all assets and
liabilities of Public Agency and its employees shall be pooled in a
single account, based on term insurance rates, for survivors of all
local fire members.
b. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21574 of said Retirement
Law. (Subject to annual change.) In addition, all assets and
liabilities of Public Agency and its employees shall be pooled in a
single account, based on term insurance rates, for survivors of all
local police members and local miscellaneous members.
C. A reasonable amount, as fixed by the Board, payable in one
installment within 60 days of date of contract to cover the costs of
administering said System as it affects the employees of Public
Agency, not including the costs of special valuations or of the
periodic investigation and valuations required by law.
d. A reasonable amount, as fixed by the Board, payable in one
installment as the occasions arise, to cover the costs of special
valuations on account of employees of Public Agency, and costs of
the periodic investigation and valuations required by law.
C �
Resolution No. 9191 (2001 Series)
Exhibit
11. Contributions required of Public Agency and its empl8s4 Sall be
subject to adjustment by Board on account of amendments to the Public
Employees' Retirement Law, and on account of the experience under the
Retirement System as determined by the periodic investigation and
valuation required by said Retirement Law.
12. Contributions required of Public Agency and its employees shall be paid
by Public Agency to the Retirement System within fifteen days after the
end of the period to which said contributions refer or as may be prescribed
by Board regulation. If more or less than the correct amount of
contributions is paid for any period, proper adjustment shall be made in
connection with subsequent remittances. Adjustments on account of
errors in contributions required of any employee may be made by direct
payments between the employee and the Board.
B. This amendment shall be effective on the day of
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF SAN LUIS OBISPO
BY BY
KENNETH W. MARZION, CHIEF PRESIDING OFFICER
ACTUARIAL & EMPLOYER. SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
r -
Witness Date
Attest:
Clerk
AMENDMENT
PERS- CON -702A (Rev. 8196)
`J
AGREEMENT
TO POOL -
1959 SURVIVOR BENEFITS ASSETS AND LIABILITIES
BETWEEN THE
BOARD OF ADMINISTRATION
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
CITY OF SAN LUIS OBISPO
WHEREAS, Government Code Section 21574 provides for a single employer rate to be
established to provide benefits under said Section on account of members
employed by contracting agencies electing to include the provision of said
Section in their contracts; and
WHEREAS, Government Code Section 21574, requires pooling of all assets and
liabilities of all contracting agencies subject to said Section;
NOW, THEREFORE BE IT AGREED, that assets and liabilities of the City of San Luis
Obispo and its covered employees shall be pooled pursuant to the
provisions of Government Code Section 21574.
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF SAN LUIS OBISP
BY BY_ _'
G _
KENNETH W. MARZION, CHIEF PRESIDING OFFICE .
ACTUARIAL & EMPLOYER SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Date
PERS- CON -59 (Rev. 9/00)
'1
AGREEMENT
TO POOL
1959 SURVIVOR BE_ NEFITS ASSETS AND LIABILITIES
BETWEEN THE
BOARD OF ADMINISTRATION
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
CITY OF SAN LUIS OBISPO
WHEREAS, Government Code Section 21574 provides for a single employer rate to be
established to provide benefits under said Section on account of members
employed by contracting agencies electing to include the provision of said
Section in their contracts; and
WHEREAS, Government Code Section 21574, requires pooling of all assets and
liabilities of all contracting agencies subject to said Section;
NOW, THEREFORE BE ITAGREED, that assets and liabilities of the City of San Luis
Obispo and its covered employees shall be pooled pursuant to the
provisions of Government Code Section 21574.
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
BY
KENNETH W. MARZION, CHIEF
ACTUARIAL & EMPLOYER SERVICES DIVISIC
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
PERS- CON -59 (Rev. 9/00)
CITY COUNCIL
CITY OF SAN LUIS OBISPO
PRESIDING OFFICER
N
Date
CALIFORNIA PUBS EMPLOYEES' RETIREMENT SN EM
Actuarial and Employer Services Division
Public Agency Contract Services
P.O. Box 942709
Sacramento, CA 94229 -2709
(916) 326 -3420
CERTIFICATION OF GOVERNING BODY'S ACTION
hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the
cil
City of San Luis Obispo
(public agency)
on June S, 2001
(date)
of the
City Clerk
Title
PERS- CON -12 (rev. 1196)
CALIFORNIA PUB,_..; EMPLOYEES' RETIREMENT S', fEM
Actuarial and Employer Services Division
Public Agency Contract Services
P.O. Box 942709
Sacramento, CA 94229 -2709
(916) 326 -3420
CERTIFICATION OF COMPLIANCE WITH
GOVERNMENT CODE SECTION 7507
I hereby certify that in accordance with Section 7507 of the Government Code
the future annual costs as determined by the System Actuary and /or the increase
in retirement benefit(s) have been made public at a public meeting of the
City Council of the
(governing body)
City of San Luis Obispo
(public agency)
on June 5, 2001 which is at least two weeks prior to the adoption of the
(date)
Resolution / Ordinance.
Clerk/Secretary
City Clerk
Title
Date 1 11416)
PERS - CON -12A (rev. 1/96)
C 0
RESOLUTION NO. 9190 (2001 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING FOR THE EXECUTION OF A MASTER AGREEMENT AND
PROGRAM SUPPLEMENTS FOR STATE FUNDED TRANSIT PROJECTS
WHEREAS, the City of San Luis Obispo may receive funding from the State of
California now or sometime in the future for transit related projects; and
WHEREAS, substantial revisions were made to the programming and funding
process for the transportation projects programmed in the State Transportation
Improvement Program, by Chapter 622 (SB 45) of the Statutes of 1997; and
WHEREAS, the Traffic Congestion Relief Act of 2000 (the Act) was established
by Chapters 91 (AB 2928) and 92 (SB 496), as amended by SB 1662, of the statutes of
2000, creating the Traffic Congestion Relief Program (TCRP); and
WHEREAS, these statutes related to state funded transit projects require a local or
regional implementing agency to execute a cooperative agreement with Caltrans before it
can be reimbursed for project expenditures; and
WHEREAS, the California Transportation Commission (CTC) guidelines for the
Traffic Congestion Relief Program, encourages Caltrans and the implementing agency to
maximize the use of existing agreements such as Master Agreements and Program
Supplements to expedite development and execution of cooperative agreements; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of San Luis
Obispo, the City agrees to comply with all conditions and requirements set forth in this
agreement and applicable statues, regulations and guidelines for all state funded transit
proj ects.
WHEREAS, the CTC, who governs the administration of transit related projects,
requires a cooperative agreement, for TCRP projects to include a certification, by
resolution of the governing board of a local or regional agency, as required by statutes, that
it will sustain its level of expenditures for transportation purposes at a level that is
consistent with the average of its annual expenditures during the 1997 -98, 1998 -99, and
1999 -2000 fiscal years, including funds reserved for transportation purposes, during the
fiscal years that the allocation is available for use; and
NOW, THEREFORE, BE IT RESOLVED that the level of expenditures for
transportation purposes will be sustained at a level that is consistent with the average of its
annual expenditures during the 1997 -98, 1998 -99, and 1999 -2000 fiscal years, including
funds reserved for transportation purposes, during the fiscal years that allocations for
TCRP Projects are available for use.
R 9190
C� O
Resolution No. 9190 (2001 Series)
Page 2 of 2
WHEREAS, the City wishes to delegate authorization to execute these agreements
and any amendments thereto to the City Administrative Officer; and
NOW THEREFORE, BE IT RESOLVED that the City Administrative Officer
be authorized to execute all Program Supplements for State Funded Transit. Projects and
any amendments thereto with the California Department of Transportation.
On motion of Council Member Schwartz, seconded by Council Member Marx, and
on the following roll call vote:
AYES: Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan
and Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 5`h day of June 2001
APPROVED AS TO FROM:
Allen Settle,
ti�i�
0
n n
RESOLUTION NO. 9189 (2001 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
INCREASING COMPENSATION FOR PLANNING COMMISSION AND
ARCHITECTURAL REVIEW COMMISSION MEMBERS
WHEREAS, it is the practice of many cities to provide compensation to Planning
Commission and Architectural Review Commission members in recognizing their
commitment and dedicated service in performing official duties and helping to defray
associated costs; and
WHEREAS, compensation for Planning Commission and Architectural Review
Commission members has not changed since May 1990 (Resolution No. 6805); and
WHEREAS, Planning Commission and Architectural Review Commission
members regularly meet twice monthly but often meet weekly; and
WHEREAS, the Council has deternuned that an increase in compensation is
warranted based on the extensive time commitment required by these Commissioners and
the passage of time since their compensation was last adjusted over eleven years ago in May
1990.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that:
SECTION 1. Effective July 1, 2001, compensation for Planning Commission and
Architectural Review Commission members is hereby increased from $25.00 to $50.00 per
meeting, not to exceed $200.00 monthly.
SECTION 2. The Council will review compensation for Planning Commission and
Architectural Review Commission members in conjunction with its periodic review of
Council compensation as set forth in the Council Policies and Procedures.
Upon motion of Council Member Schwartz, seconded by Council Member Marx,
and on the following roll call vote:
AYES: Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan
and Mayor Settle
NOES: None
ABSENT: None
Resolution No. 918y 2061 Series)
Page 2 of 2
The foregoing resolution was adopted this 5b day of June 2001.
Mayor Allen Settle
APPROVED AS TO FORM:
�0(�-/ -�� • O
1n��Y
I� �
RESOLUTION NO. 9188 (2001 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY
OF SAN LUIS OBISPO RESTRICTING PARKING ON
BROAD STREET FROM CAPITOLIO WAY TO AIRPORT ROAD
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
Parking is hereby prohibited on both sides of Broad Street between Capitolio Way
and Airport Road. Said parking prohibitions to become effective upon completion of
the widening and overlay project now being designed by the Department of
Transportation
On motion of Council Member Schwartz, seconded by Council Member Marx, and on the
following roll call vote:
AYES: Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan,
and Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 5th day of June 2001
Mayor Allen
Lity uierti
APPROVED AS TO FORM:
i tto ey
R 9188
QOjl
RESOLUTION NO. 9187 (2001 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AN AGREEMENT WITH THE SAN LUIS OBISPO COUNTY FLOOD
CONTROL DISTRICT ZONE 9 FOR REIMBURSEMENT STREAMBED CLEARING
AND EXOTICS CONTROL/RE- VEGETATION PROGRAM
WHEREAS, the County administers the funds of the San Luis Obispo County Flood
Control and Water Conservation District Zone 9, and
WHEREAS, the City administers programs with in Zone 9, and
WHEREAS, the County has budgeted within the Zone 9 program to fund the programs
administered by the City.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that the City Council of the City of San Luis Obispo hereby approves an agreement with
the San Luis Obispo County Flood Control and Water Conservation District Zone 9 providing for
the reimbursement of City funds spent for Streambed Clearing and Exotics Control/Re- vegetation
Program approved in the Zone 9 budget and authorizes the Mayor to sign said agreement.
Upon motion of Council Member Schwartz, seconded by Council Member Marx,
and on the following roll call vote:
AYES: Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan and
Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 5'h day of June 2001
City Clerk
APPROVED AS TO FORM:
Mayor
R 9187
RESOLUTION NO. 9186 (2001 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
INCREASING THE FEE STRUCTURE FOR THE LAGUNA LAKE GOLF COURSE
AND RESCINDING RESOLUTION NO. 9051 (2000 Series)
WHEREAS, it is the policy of the City of San Luis Obispo to review program fees on
an ongoing basis; and
WHEREAS, those fees are adjusted as required to ensure they remain equitable and
adequate to cover the cost of providing services; and
WHEREAS, a comprehensive analysis of the Golf Course Fund was performed for
fiscal year 2001 -02.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San
Luis Obispo as follows:
2001.
SECTION 1. Resolution No. 9051 (2000 Series) is hereby rescinded, effective July 1,
SECTION 2. The following green fees shall be as follows, effective July 1, 2001:
Senior /Youth Weekdays
$ 6.00
General Weekdays
$ 8.00
Senior/Youth Weekends
$ 6.75
General Weekends
$ 8.75
Senior /Youth 10 -Play Card
$55.00
General 10 -Play Card
$65.00
SECTION 3. The fees for the driving range, wholesale goods, lessons, and other
special activities shall be set by the Director of Parks and Recreation and the Golf Course
Supervisor.
Upon motion of Council Member Schwartz, seconded by Council Member Marx, and
on the following roll call vote:
AYES: Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan and
Mayor Settle
NOES: None
ABSENT: None
Resolution No. 9186 (2001 Series)
Page 2 of 2
The foregoing resolution was adopted this 29`h day ^f "ff°° inn,
ATTEST:
/LEe Price, ity Clerk
V
APPROVED AS TO FORM:
r.
� ��� iv •
o
�� a O
`�'�'�`�"� Lam,
�,'�G��
0
RESOLUTION NO. 9185 (2001 Series)
A RESOLUTION OF THE COUNCIL
OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING SEWER SERVICE RATES
WHEREAS, it is the policy of the City of San Luis Obispo to review enterprise fund fees
and rates on an ongoing basis and to adjust them as required to ensure that they remain equitable
and adequate to fully cover the cost of providing services; and
WHEREAS, a comprehensive analysis of sewer fund operating, capital and debt service
needs has been performed for fiscal years 1999 -00 through 2004 -05; and
WHEREAS, the Council has reviewed the sewer service rates necessary to meet system
operating, capital and debt service requirements.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Resolution No. 8935 (1999 Series) is hereby rescinded, effective July 1,
2001.
SECTION 2. The rates set forth in the exhibit are hereby adopted, establishing rates for
July 1, 2001 and July 1, 2002.
Upon motion of Council Member Marx, seconded by Vice Mayor Ewan, and on the
following roll call vote:
AYES: Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan, and
Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 29th d,
R 9185
Resolution No. 9185 0
Page 2 of 3
APPROVED AS TO FORM:
For z 0 so-
Resolution No. 9185 vJ
Page 3 of 3
MONTHLY SEWER SERVICE RATES
EXHIBIT to Resolution No. 9185 (Series 2001)
Effective Date
Single family dwelling, including single
meter condominiums and townhouses $ 24.50 $25.24
Multi - family dwelling in any duplex,
apartment house or rooming house, per 19:30 19.88
each dwelling unit
Mobile home or trailer park, per each 14.56 15.00
dwelling unit.
Public, private, or parochial school,
average daily attendance at the school 2.76 2.84
All other accounts
Minimum charge .
24.50
25.24
Additional charge for every 100 cubic
2.87
2.96
feet in excess of 500 cubic of
metered water consumption
Each vehicle discharging sewer into City
system
Minimum charge
80.74
83.16
Additional charge per 100 gallons in
4.85
5.00
excess of 1500 gallons discharged
� f vCJ � O
��(� G -� ���t�
J
���
RESOLUTION NO. 9184 (2001 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING A DONATION FOR THE REMODEL OF THE RECREATION CENTER
WHEREAS, Arthur J. Ludwick desires to donate to the City of San Luis Obispo
$600,000 for the purpose of remodeling the Santa Rosa Street Recreation Center; and
WHEREAS, this timely donation will provide facility upgrades to the Center that will
allow for its expanded use; and
WHEREAS, the senior population of the City will have expanded recreation
opportunities in the Center.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that the City does hereby:
SECTION 1. Accept this donation under the terms of the donor agreement attached to
this resolution as Exhibit A.
SECTION 2. Rename this facility the Edward G. and Inga E. Ludwick Community
Center (Ludwick Community Center as a working name) effective at the conclusion of the
remodeling project.
SECTION 3. Thank and acknowledge Mr. Ludwick for this generous donation.
SECTION 4. Authorize the Mayor to sign the donor agreement.
Upon.motion of Council Member Mulholland, seconded by Council Member Marx, and
on the following roll call vote:
AYES: Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan and
Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 15'h day of May 2001.
Mayor Allen Settle
ATT T
Lee Price, City Clerk -
R 9184
C
Resolution No. 9184 (2001 Series)
Page 2
APPROVED AS TO FORM:
,3
CP esolution No. 9184 (2001 Series)
Exhibit A
Page 1 of 3
city of san lugs oBispo
DONORS AGREEMENT
Agreement dated for reference purposes as of this day of 2001)
by and between ARTHUR J. LUDWICK and SARAH L. LUDWICK ( "Donors ") and CITY OF
SAN LUIS OBISPO ( "City's with reference to the following facts:
A. Donors desire to make a contribution of investment securities ( "Donation ") in the
approximate amount of $600,000 to City for the purpose of renovating the City's
Santa Rosa Street Recreation Center ( "Center');
B. City desires to accept the Donation;
C. The parties desire to set forth in writing all agreements and understandings
between them concerning the Donation..
NOW, THEREFORE, the parties agree as follows:
1. ACCEPTANCE.
City shall cause the City Council to pass resolutions in form and substance satisfactory to
Donors (a) accepting the Donation subject to the terms set out in this Agreement and (b)
authorizing the renovation of the Center.
2. DONATION.
At such time as City has complied with the requirements of Paragraph 1 above, Donors
shall transfer investment securities valued at approximately $600,000 to the name of City or
order in such manner as City may reasonably request.
3. - SALE OF DONATED SECURITIES._
City shall have no obligation to retain the investment securities constituting the Donation
and shall be free to sell or otherwise dispose of all or any portion of such securities at any time in
its sole discretion.
�Resolution No. 9184 (2001 Series)
Exhibit A
Page 2 of 3
4. USE OF FUNDS.
City shall use the Donation and all proceeds of sale thereof for use in renovating the
Santa Rosa Street Recreation Center. In the event that such use becomes impossible or
impractical for any reason, then City shall consult with Donors with a view to agreeing on an
alternative use of the Donation; provided, however, that Donors shall in no event have any rights
with respect to the Donation or proceeds thereof which would prevent City from freely and
effectively employing the Donation in furtherance of its exempt purposes within the meaning of
Section 1.507- 2(a)(8) of the income tax regulations. Under no circumstances shall the Donation
or any part of it revert to Donors.
5. RENAMING OF CENTER.
At such time as the renovation is completed, City shall rename the Recreation Center the
"Edward G. and Inga E. Ludwick Community Center." City shall also install a monument sign
at the Center containing such name and shall use its best efforts to insure that the Center is
referred to by such name or an abbreviated name (for example, the " Ludwick Community
Center's in press releases and other publicity related to the Center.
6. GRAND OPENING.
At such time as the renovation is completed, City shall hold a grand opening for the
Center at which Donors and members of their family shall receive appropriate recognition.
7. NO CONSIDERATION FOR DONATION
City hereby confirms that Donors have not received anything of value in consideration of
the Donation, nor is there any agreement or understanding, whether oral or in writing, that
Donors will receive anything of value in retum for the Donation.
8. TAX STATUS OF CITY.
City hereby confirms that City is an organization described in Sections 501(c)(3) and
170(b)(1)(A)(v) of the Internal Revenue Code, to which contributions are deductible for Federal
income tax purposes to the extent provided in Section 170 and all other applicable sections of the
Code.
—/Resolution No..9184 (2001 Series)
Exhibit A
Page of
9. ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement between the parties pertaining to the
Donation and supersedes all prior and contemporaneous agreements, representations, and
understandings of the parties on that subject.
10. SIGNATURES.
IN WITNESS WHEREOF, the parties to this Agreement have duly executed it on the day
and year first above written.
Lee Price, City Clerk
APPROVED AS TO FORM:
CITY OF SAN LUIS OBISPO,
A Municipal Corporation
L6.3
Allen
DONORS:
By: -54 �lJI C - 0
Arthur J. Ludwick
By: J,,,,� Z
Sarah L. Ludwick
c� o
RESOLUTION NO. 9183 (2001 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING SUBMITTAL OF GRANT APPLICATIONS TO THE STATE
TRANSPORTATION ENHANCEMENTS (STE) PROGRAM IN SUPPORT OF THE
AHEARN PROPERTY ACQUISITION; REMOVAL OF A BILLBOARD ON SANTA
BARBARA AVENUE; DESIGN AND CONSTRUCTION OF THE NORTHERN
SEGMENT OF THE RAILROAD SAFETY. TRAIL; AND EXPANSION OF THE
LANDSCAPED MEDLMIS ON LOS OSOS VALLEY ROAD BETWEEN ROYAL WAY
AND THE WESTERN CITY LIMITS
WHEREAS, the Congress of the United States has established the Transportation Equity
Act for the 21st Century (TEA -21), which is administered by the States; and
WHEREAS, the State Department of Transportation has been assigned the responsibility
for the administration of this program (referred to as the State Transportation Enhancements
program) within California, including the establishment of necessary procedures governing grant
applications by local agencies under the program; and
WHEREAS, said procedures require the applicant to certify by resolution the approval
of the application before submission of said application to the State; and
WHEREAS, the State Department of Transportation has announced availability of grant
funds for transportation enhancement activities, including the acquisition of scenic sites,
WHEREAS, the City of San Luis Obispo has identified four eligible projects and finds
that their implementation will provide enhancements to the transportation system and the
traveling experience that are over and above benefits achieved by standard transportation
projects; and
WHEREAS, the City of San Luis Obispo will enter into an agreement with the State of
California for implementation of the four eligible projects, if TE funding be provided.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Luis Obispo hereby:
1. Authorizes the filing of grant applications to the State Transportation Enhancements
(STE) Program in support of the following projects:
Total Project Cost
Ahearn Property Acquisition $500,000
Santa Barbara St. Billboard Removal $115,000
Northern Segment of the Railroad Safety $350,000
Trail (Foothill to Hathaway)
Los Osos Valley Road Median Extension $150,000
R 9183
Resolution No. 9183 (2v01 Series)
Page 2
2. Certifies that City understands the assurances and certification in the application form;
3. Certifies that City 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.
On motion of Council Member Mulholland, seconded by Council Member Marx, and on the
following roll call vote:
AYES: Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan and
Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 15th day of May 2001.
APPROVED AS TO FORM:
-r� WAttorney
�� � v
t� �(%
.�'
�N� .�
O O
RESOLUTION NO. 9182 (2001 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DECLARING THE CITY'S INTENT TO GRANT A TEN YEAR FRANCHISE TO
TOSCO CORPORATION, A NEVADA CORPORATION, TO CONSTRUCT, OPERATE
AND MAINTAIN PIPELINES FOR THE TRANSPORTATION OF OIL AND OTHER
SPECIFIED MATERIALS IN THE CITY OF SAN LUIS OBISPO AND SETTING A
PUBLIC HEARING FOR JUNE 199 2001
WHEREAS, the City of San Luis Obispo adopted Ordinance No. 1038 on April 2, 1985
granting a franchise to Union Oil Company of California for a term of 25 years for the
transportation and distribution of oil and other specified materials in the City of San Luis
Obispo; and
WHEREAS, Union Oil Company of California sold or transferred a portion of its
pipelines subject to Ordinance No. 1038 to Tosco Corporation including its subsidiary Unocal
California Pipeline Company; and
WHEREAS, Union Oil Company of California informed the City of San Luis Obispo
that it intends to commence the abandonment process for its remaining interests under Ordinance
No. 1038 that have not been sold or transferred to Tosco Corporation and Unocal California
Pipeline Company; and
WHEREAS, Union Oil Company of California's remaining pipeline interests in the City
of San Luis Obispo are subject to the existing franchise agreement granted in Ordinance No.
1038 until such time that Union Oil Company of California has abandoned such pipelines
pursuant to applicable law; and
WHEREAS, Tosco Corporation and Unocal California Pipeline Company have
requested the City of San Luis Obispo to enter into new franchise agreements for the oil
transportation and distribution pipelines acquired from Union Oil Company of California; and
WHEREAS, City staff and Tosco Corporation have developed a draft franchise
agreement for the City Council's consideration. This proposal contains the following key
provisions:
• Purpose: To maintain and operate pipelines for the transportation of oil and
hydrocarbons within the City
• Type: Non - exclusive
• Tenn: 10 years
• Franchise Fees: Annual fee to the City in accordance with Public Utilities Code
Section 6231.5 (A fee ranging from $0.088 to $0.660 per foot based on pipeline
diameter.)
R 9182
Resolution No. 9182 (2001 Series)
Page 2
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Pursuant to Section 1002 of the Charter of the City of San Luis Obispo,
the City Council hereby declares its intention to grant to Tosco Corporation a ten (10) year
franchise for the privilege of constructing, operating and maintaining pipelines for the
transportation of oil and other specified materials in the City of San Luis Obispo.
SECTION 2. A public hearing will beheld on June 19, 2001, at 7:00 p.m. in the Council
Chambers of City Hall, located at 990 Palm Street, San Luis Obispo, California. Any persons
having an interest in the franchise or any objection to the granting of the franchise may appear
before the Council and be heard thereon.
SECTION 3. The City Clerk shall publish this resolution at least once within fifteen
(15) days of its passage in a newspaper in the City of San Luis Obispo.
Upon motion of Council Member Mulholland, seconded by Council Member Marx,
and on the following roll call vote:
AYES: Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan, and
Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 15th day of May 2001.
APPROVED TO FORM:
94�e ;W4�
X 6 It. .: e
Mayor
m
RESOLUTION NO. 9181 (2001 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DECLARING THE CITY'S INTENT TO GRANT A TEN YEAR FRANCHISE TO
UNION PIPELINE COMPANY, A CALIFORNIA CORPORATION, TO CONSTRUCT,
OPERATE AND MAINTAIN PIPELINES FOR THE TRANSPORTATION OF OIL AND
OTHER SPECIFIED MATERIALS IN THE CITY OF SAN LUIS OBISPO AND
SETTING A PUBLIC HEARING FOR NNE 199 2001
WHEREAS, the City of San Luis Obispo adopted Ordinance No. 1038 on April 2, 1985
granting a franchise to Union Oil Company of California for a term of 25 years for the
transportation and distribution of oil and other specified materials in the City of San Luis
Obispo; and
WHEREAS, Union Oil Company of California sold or transferred a portion of its
pipelines subject to Ordinance No. 1038 to Tosco Corporation including its subsidiary Union
Pipeline Company, A California Corporation; and
WHEREAS, Union Oil Company of California informed the City of San Luis Obispo
that it intends to commence the abandonment process for its remaining interests under Ordinance
No. 1038 that have not been sold or transferred to Tosco Corporation and Union Pipeline
Company, a California Corporation; and
WHEREAS, Union Oil Company of California's remaining pipeline interests in the City
of San Luis Obispo are subject to the existing franchise agreement granted in Ordinance No.
1038 until such time that Union Oil Company of California has abandoned such pipelines
pursuant to applicable law; and
WHEREAS, Tosco Corporation and Union Pipeline Company, a California Corporation
have requested the City of San Luis Obispo to enter into new franchise agreements for the oil
transportation and distribution pipelines acquired from Union Oil Company of California; and
WHEREAS, City staff and Union Pipeline Company have developed a draft franchise
agreement for the City Council's consideration. This proposal contains the following key
provisions:
• Purpose: To maintain and operate pipelines for the transportation of oil and
hydrocarbons within the City
• Type: Non - exclusive
• Term:. 10 years
s Franchise Fees: Annual fee to the City in accordance with Public Utilities Code
Section 6231.5 (A fee ranging from $0.088 to $0.660 per foot based on pipeline
diameter.)
R 9181
Resolution No. 9181 (2001 Series)
Page 2
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Pursuant to Section 1002 of the Charter of the City of San Luis Obispo,
the City Council hereby declares its intention to grant to Union Pipeline Company, a California
Corporation, a ten (10) year franchise for the privilege of constructing, operating and maintaining
pipelines for the transportation of oil and other specified materials in the City of San Luis
Obispo.
SECTION 2. A public hearing will be held on June 19, 2001, at 7:00 p.m. in the Council
Chambers of City Hall, located at 990 Palm Street, San Luis Obispo, California. Any persons
having an interest in the franchise or any objection to the granting of the franchise may appear
before the Council and be heard thereon.
SECTION 3. The City Clerk shall publish this resolution at least once within fifteen
(15) days of its passage in a newspaper in the City of San Luis Obispo.
Upon motion of Council Member Mulholland, seconded by Council Member Marx,
and on the following roll call vote:
AYES: Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan, and
Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 15'b day c
A
Lee Price, City Clerk
APPROVED AS TO FORM:
��.
�� O O
��%'"
�� �
RESOLUTION NO. 9180 (2001 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING REVISION TO THE PARKING MANAGEMENT
PLAN, AND ESTABLISHMENT OF PARKING CITATION FEES,
PENALTIES, SURCHARGES, AND PROCESSING; AND
ESTABLISHING PARKING FEES AND HOURS FOR USERS OF THE
CITY'S PARKING STRUCTURES; AND RESCINDING RESOLUTION
NOS. 8765 (1998) AND 8402 (1995)
WHEREAS, State law provides in Vehicle Code Section 40203.5 that cities
establish the amount of parking penalties, fees, and surcharges; and
WHEREAS, State law authorizes the City to recover administrative fees, parking
penalties, fees and collection costs related to civil debt collection, late payment penalties,
and other related charges; and
WHEREAS, State law and the issuing agencies authorize the adoption of uniform
fees, penalties, collection, adjudication process, authority to issue parking citations for
violations of the California Vehicle Code and local regulations, and to establish a
compliance program for parking citation processing; and
WHEREAS, the City wishes to provide secure and user friendly parking for all
users of the parking structures; and
WHEREAS, the parking program needs to continue to be self - sufficient for its
financial commitments; and
WHEREAS, the City has the support of the Downtown Association to implement
changes in the parking fines, parking garage rates and hours; and
WHEREAS, the Council desires to clarify the use of Parking Fund revenues as they
relate to Parking Demand Reduction activities; and
WHEREAS, the Council has considered the staff report and held a public meeting
on the proposed changes to the parking fines, parking garage rates and hours.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Resolutions 8402 and 8765 are hereby rescinded..
R 9180
Resolution No. 91f ?001 Series)
Page 2 of 3
SECTION 2. The City has implemented the required provisions for processing
parldng citations and hereby establishes the penalties for parking violations, late payment
penalties, administrative fees, and other related fees for all parking violation codes as set
forth in Exhibit A, attached hereto and incorporated herein.
SECTION 3. The parking rate and hours for charging fees in the city's parking
structures shall be the first 60 minutes free and 50 cents per hour with a daily maximum of
$5.00 per visit from 8 a.m. until 7:00 p.m. each Monday, Tuesday, and Wednesday..
SECTION 4. . The parking rate and hours for charging fees in the city's parking
structures shall be the first 60 minutes free and 50 cents per hour with a daily maximum of
$5.00 per visit from 8:00 a.m. until 11:00 p.m. each Thursday, Friday and Saturday.
Sundays will be exempt from any parking garage fees.
SECTION 5. The monthly fee for proximity cards (Proxcards) for the Marsh Street
Parking Structure shall be $50.00 per month. The monthly fee for proximity cards
(Proxcards) for the Palm Street Parking Structure shall be $40.00 per month. An increase of
$5.00 per month will be implemented at the Marsh and Palm Parking Structures, effective
July 1, 2004.
SECTION 6. Policy 6.1 of the Parking Management Plan is hereby amended to
read as follows:
The City's Parking Program will be self - supporting. The principal purpose of
Parking fund revenues will be used to:
a) Maintain and expand parking operations and supply, including effective parking
demand reduction programs, and
b) Repay bonds that financed the construction of the parking structures.
Pilot or "test case" parking demand reduction activities may also be funded,
provided that they are well defined and monitored for defined period of time, and a
measurement of effectiveness is predetermined.
Upon motion of Mayor Settle, seconded by Council Member Schwartz and
on the following roll call vote:
AYES: Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan
and Mayor Settle
NOES: None
ABSENT: None
Resolution No. 91.2001 Series)
Page 3 of 3
The foregoing resolution was passed and adopted this I" day of May 2001.
Mayor Allen Settle
ATTEST
Lee Price, City Clerk
APPROVED AS TO FORM
r
effrey Jorge , City Attorney
O � solution No. 9180 (2001 Series)
Exhibit A
Page 1 of 3
Date 05/01/01
CODE & SECTION
CITY OF SAN LUIS OBISPO PENALTY SCHEDULE
DESCRIPTION
PENALTY
SLMC 10.12.030
REQUIRED OBEDIENCE TO TRAFFIC REGULATIONS
45
SLMC 10.12.040
BICYCLE ON HIGHWAY - REGULATIONS
20
SLMC 10.12.050
INTERFERENCE WITH POLICE/AUTHORIZED OFFICER
80
SLMC 10.12.080
REPORT OF DAMAGE TO CERTAIN PROPERTY
75
SLMC 10.14.030
OBEDIENCE TO TRAFFIC CONTROL DEVICES
45
SLMC 10.14.090
UNAUTHORIZED PAINTING ON CURBS
45
SLMC 10.16.010
OBEDIENCE TO TURNING MARKERS
75
SLMC 10.16.030
OBEDIENCE TO NO -TURN SIGNS
45
SLMC 10.16.040
SIGNAL CONTROLLED INTERSECTIONS - RIGHT TURNS
45
SLMC 10.24.010
STOP SIGNS
20
SLMC 10.24.020
EMERGING FROM ALLEY, DRIVEWAY OR BUILDING
45
SLMC 10.28.010
DRIVING THROUGH FUNERAL PROCESSION
45
SLMC 10.28.020
COMMERCIAL VEHICLES USING PRIVATE DRIVEWAYS
45
SLMC 10.28.030
RIDING OR DRIVING ON SIDEWALK
45
SLMC 10.28.040
NEW PAVEMENT AND MARKINGS
20
SLMC 10.28.050
LIMITED ACCESS
20
SLMC 10.28.060
OBEDIENCE TO BARRIERS AND SIGNS
75
SLMC 10.28.070
ENTRANCE INTO INTERSECTION - OBSTRUCTING TRAFFIC
20
SLMC 10.32.020
PED CROSSING IN BUSINESS DISTRICT OTHER THAN CROSSWALK
20
SLMC 10.36.020
STOPPING OR STANDING IN PARKWAYS PROHIBITED
20
SLMC 10.36.030
STOP /STAND/PARK IN VIOLATION OF CHAPTER
20
SLMC 10.36.040
NO PARKING ZONE - PROHIBITED PARKING
35
SLMC 10.36.050
USE OF STREETS FOR STORAGE OF VEHICLES PROHIBITED
10
SLMC 10.36.060
PARKING DEMONSTRATION
10
SLMC 10.36.070
REPAIRING OR GREASING VEHICLE ON PUBLIC STREET
10
SLMC 10.36.080
WASHING OR POLISHING VEHICLES
10
SLMC 10.36.090
PARKING ADJACENT TO SCHOOLS
10
SLMC 10.36.100
PARKING PROHIBITED ON NARROW STREETS
10
SLMC 10.36.110
PARKING ON GRADES
10
SLMC 10.36.120
UNLAWFUL PARKING - PEDDLERS, VENDORS
10
SLMC 10.36.130
EMERGENCY PARKING SIGNS
10
SLMC 10.36.140
LARGE/COMMERCIAL VEHICLE PARKING NEAR INTERSECTION
10
SLMC 10.36.150
NIGHTTIME PARKING OF LARGE VEHICLES
10
SLMC 10.36.160
NIGHTTIME PARKING OF VEH W /OPERATING AIRIREFRIGERATION
10
SLMC 10.36.200
PARKING IN A RESIDENTIAL PERMIT PARKING AREA
20
SLMC 10.36.230
PERMITS - DISPLAY OF PERMITS
10
SLMC 10.36.233
PARKING IN YARD
10
SLMC 10.36.235
NO PERMIT LOT
15
SLMC 10.40.010
TIM ED PARKING 10 MINUTES TO 10 HOURS
17
SLMC 10.40.020
BACKING INTO PARKING SPACE PROHIBITED
15
SLMC 10.40.040
PARKING PARALLEL ON ONE -WAY STREETS
8
SLMC 10.40.050
DIAGONAL PARKING
8
`Volution No. 9180 (2001 Series)
Exhibit A
Page 2 of 3
SLMC 10.40.060
PARKING SPACE MARKINGS
20
SLMC 10.40.070
NO STOPPING ZONE
8
SLMC 10.40.080
ALL NIGHT PARKING PROHIBITED (3 -5am)
20
SLMC 10.44.020
CURB MARKING TO INDICATE NO STOPPING /PARKING REGS.
10
SLMC 10.44.030
EFFECT OF PERMISSION TO LOAD /UNLOAD IN YELLOW ZONE
35
SLMC 10.44.040
EFFECT OF PERMISSION TO LOAD /UNLOAD IN WHITE ZONE
20
SLMC 10.44.050
STANDING IN ANY ALLEY
20
SLMC 10.44.070
HANDICAPPED PARKING
275
SLMC 10.48.010
CERTAIN VEHICLES PROHIBITED IN CENTRAL DISTRICT
45
SLMC 10.48.020
ADVERTISING VEHICLES
20
SLMC 10.48.030
ANIMAL DRAWN VEHICLES
20
SLMC 10.48.040
TRUCK ROUTES
75
SLMC 10.48.050
COMM. VEHICLES PROHIBITED FROM USING CERTAIN STREETS
75
SLMC 10.48.060
MAX. GROSS WT. LIMITS OF VEHICLES ON CERTAIN STREETS
75
SLMC 10.52.040
PARKING METERS - OPERATIONAL PROCEDURES
10
SLMC 10.52.050
UNLAWFUL TO PARK AFTER METER TIME HAS EXPIRED
12
SLMC 10.52.060
UNLAWFUL TO EXTEND TIME BEYOND LIMIT
2
SLMC 10.52.070
IMPROPER USE OF METER
2
SLMC 10.52.080
PARKING METERS /STANDARDS - PROPER USE
2
SLMC 10.52.110
MOTORCYCLE SPACES
2
CVC 5204(A)
CURRENT TAB IMPROPERLY ATTACHED
76
CVC 21106(B)
CROSSWALK -USE WHERE PROHIBITED
54
CVC 21113(A)
VEHICLE OR ANIMAL ON PUBLIC GROUNDS - MOVING
103
CVC 21113(B)
VEHICLE OR ANIMAL ON PUBLIC GROUNDS - PARKING
20
CVC 21113 (C)
DRIVEWAYS, PATHS, PARKING FACILITIES ON GROUNDS
20
CVC 21113 (F)
MOTORIZED BICYCLES, SKATEBOARDS ON PUBLIC PROPERTY
103
CVC 22500.1
STOPPING /STANDING /PARKING: FIRE LANE
75
CVC 22500(A)
STOPPING /STANDING /PARKING: WITHIN INTERSECTION
20
CVC 22500(B)
STOPPING /STANDING /PARKING: ON A CROSSWALK
20
CVC 22500(C)
STOPPING /STANDING /PARKING: BETWEEN SAFETY ZONE
20
CVC 22500(D)
STOPPING /STANDING /PARKING: W /IN 15' FIREHOUSE ENTRANCE
20
CVC 22500(E)
STOPPING /STANDING /PARKING: PUBLIC/PRIVATE DRIVEWAY
20
CVC 22500(F)
STOPPING /STANDING /PARKING; ON SIDEWALK
20
CVC 22500(G)
STOPPING /STANDING /PARKING: ALONG /OPPOSITE OBSTRUCT
20
CVC 22500(H)
STOPPING /STANDING /PARKING: ON ROADWAY SIDE OF VEHICLE
20
CVC 22500(1)
IMPROPER PARKING IN BUS ZONE
250
CVC 22500(J)
STOPPING /STANDING /PARKING: IN TUBE OR TUNNEL
20
CVC 22500(K)
STOPPING /STANDING /PARKING: UPON BRIDGE EXCEPT AUTH
20
CVC 22500(L)
IMPROPER PARKING IN WHEELCHAIR ACCESS
250
CVC 22502(A)
CURB PARKING
20
CVC 22502(6)
PARKING OPPOSITE DIRECTION OF TRAFFIC
20
CVC 22502(C)
CURB PARKING- WHEELS MORE THAN 18 INCHES FROM CURB
20
CVC 22504(A)
UNINCORPORATED AREA PARKING
20
CVC 22505(A)
PARKING ON STATE HIGHWAY WHERE SIGN POSTED
20
CVC 22505(6)
POSTED NO PARKING - STATE HIGHWAY
20
CVC 22507
UNLAWFUL PARKING
20
CVC 22507.8(A)
PARKING IN SPACE FOR HANDICAPPED
275
CVC 22507.8 (B)
PARKING IN SPACE FOR HANDICAPPED - OBSTRUCT /BLOCK
275
CVC 22507.8(C)(1)
PARKING IN SPACE FOR HANDICAPPED - ON LINES MARKED
275
:solution No. 9180 (2001 Series)
Exhibit A
Page 3 of 3
CVC 22507.8(C)(2)
PARKING IN SPACE FOR HANDICAPPED- PARKING LOT
275
CVC 22510
PARKING IN SNOW REMOVAL AREAS
20
CVC 22511.7
HANDICAP ZONE
275
CVC 22512
VEHICLE UNATTENDED
103
CVC 22513
TOW CARS - PARKING ON FREEWAY
20
CVC 22514
FIRE HYDRANTS
20
CVC 22515(A)
UNATTENDED VEHICLES - SET BRAKES /STOP MOTOR
20
CVC 22515(6)
UNATTENDED VEHICLES - SET BRAKES/WHEELS/PREVENT MOVE
20
CVC 22516
LOCKED VEHICLE
103
CVC 22517
OPENING AND CLOSING DOORS
103
CVC 22520
STOPPING ON FREEWAY
20
CVC 22520.5
VENDING ON FREEWAY RIGHT -OF -WAY
103
CVC 22520.5(A)
VENDING ON FREEWAY RIGHT -OF -WAY
103
CVC 22521
ILLEGAL TO PARK ON RAILROAD TRACKS
20
CVC 22522
PARKING NEAR SIDEWALK ACCESS RAMPS
275
CVC 22523(A)
VEHICLE ABANDONMENT
270
CVC 22523(6)
VEHICLE ABANDONMENT
270
CVC 22526(A)
BLOCKING INTERSECTION PROHIBITED - ANTI- GRIDLOCK
50
CVC 22526(6)
BLOCKING INTERSECTION
50
CVC 22650
UNLAWFUL REMOVAL OF UNATTENDED VEHICLE
103
CVC 22651(B)
VEHICLE PARKED /LEFT STANDING TO OBSTRUCT TRAFFIC
103
CVC 22658.5
TOW COMPANY - REPORT DAMAGE
103
CVC 22658(L)
TOW COMPANY - ILLEGALLY REMOVING VEHICLE
103
CVC 22951
PARKING LOT - STREET AND ALLEY PARKING
20
CVC 22952(A)
PARKING LOT - TOWING OR REMOVAL
103
CVC 22952(6)
PARKING LOT - TOWING OR REMOVAL
103
RESOLUTION NO. 9179 (2001 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AGREEMENT TO ALLOW TEMPORARY WATER SERVICE TO TWO
PARCELS IN THE CITY FROM THE FIERO LANE WATER COMPANY
WHEREAS, the City of San Luis Obispo provides water and sewer service to properties
within the City limits; and
WHEREAS, providing City water service to the subject parcels would result in the
undesirable condition of having both a City water main and a Fiero Lane Water Company (FLWC)
water main in the same street; and
WHEREAS, the FLWC has agreed to provide temporary water service to the subject
properties; and
WHEREAS, the owner of the properties has agreed to conditions that will provide for
either the transfer of the FLWC water main to the City or the construction of a new City water main
in Aerovista within a finite period of time.
NOW, THEREFORE BE IT RESOLVED, the City approves the agreement to allow the
FLWC to provide temporary water service to the subject properties and authorizes the CAO to
execute the agreement.
On motion of Vice Mayor Ewan, and seconded by Council Member Marx, and on the
following roll call vote:
AYES: Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan, and
Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 24th day of April 2001.
Mayor Allen Sett e
Lee Price, City Clerk
89179
Resolution No. 9179 (2001 Series)
Page 2 of 2
APPROVED AS TO FORM
WA
�, ,"6
C.
��,`�'� °�� . U O
•�''�
�� N
��' � ��'
rJ;�
l'
O
RESOLUTION NO. 9178 (2001 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING THE REVISED URBAN WATER MANAGEMENT PLAN
WHEREAS, the California Legislature enacted Assembly Bill 797 during the 1983-
1984 Regular Session, and as amended subsequently, which mandates that every supplier
providing water for municipal purposes to more than 3,000 customers or supplying more
than 3,000 acre feet of water annually, prepare an Urban Water Management Plan; and
WHEREAS, the City is an urban supplier of water providing water to a population
over 40,000; and
WHEREAS, the Plan shall be periodically reviewed at least once every five years,
and that the City shall make any amendments or changes to its plan which are indicated by
the review; and
WHEREAS, the Plan must be adopted, after public review and hearing, and filed
with the California Department of Water Resources within thirty days of adoption; and
WHEREAS, The City has therefore prepared for public review a draft Urban Water
Management Plan, and a properly noticed public hearing regarding the Plan was held by the
City Council on April 24,2001; and
WHEREAS, the City of San Luis Obispo did prepare and shall file said Plan with
the California Department of Water Resources.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that the Urban Water Management Plan, consisting of text with tables and figures,
with changes reflected in the Council minutes of April 24, 2001, on file in the City Clerk's
Office, is hereby adopted.
Upon motion of Vice Mayor Ewan seconded by Council Member Mulholland,
and on the following roll call vote:
AYES: Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan,
and Mayor Settle
NOES: None
ABSENT: None
R 9178
Resolution No. 9176 k2001 Series)
Page 2 of 2
The foregoing resolution was adopted this 24`h rlav of Anri1 7001
ATTEST:.
Lee Price, City
APPROVED AS TO FORM
�!•�!�� / : - : �/
�� � o � ��
�� 1 ` }J
��
,�
1�!�
�X
RESOLUTION NO. 9177 (2001 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
LUIS OBISPO APPROVING A LOT LINE ADJUSTMENT
LOCATED AT 596 TORO, (LLA 179 -00).
WHEREAS, the City Council conducted a public hearing on, April 24, 2001, and
has considered testimony of the applicant, interested parties, and the evaluation and
recommendation of staff; and
WHEREAS, the City Council funds that the project is consistent with the State
Subdivision Map Act, City Zoning Ordinance, Building Code and other applicable City
ordinances.
WHEREAS, the City Council finds the project to be categorically exempt from
environmental review as provided for by the California Environmental Quality Act
Guidelines, Section 15035, Minor Alterations in Land Use Limitation, as determined by the
Community Development Director.
NOW, THEREFORE, 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 (LLA 179 -00), the applicant's statement, staff recommendations and reports thereof,
makes the following findings:
1. The lot line adjustment will not increase the number of parcels and complies with
Section 66412(d) of the Subdivision Map Act and the City's.Subdivision Regulations.
2. The proposed lot line adjustment is categorically exempt from environmental
review, pursuant to Section 15305 of the CEQA Guidelines.
SECTION 2. Exceptions. That an exception to the Subdivision Regulations is
hereby granted, allowing lot width to be 46 feet, where 60 feet is the standard; allowing the
setback from to the garage to be 3 feet where 10 feet is the standard; and allowing the
driveway to be 13.5 feet wide with 10 feet of paving, where 20 feet wide with 16 feet of
paving is the standard, based on the following findings:
1. It is impossible, impractical or undesirable, in this particular case, to conform to the
strict application of the regulations codified in the Subdivision Regulations because the
property is already developed with two residential structures that will be retained in their
current configuration and there is an existing native Sycamore tree on the property that
would be impacted by a standard subdivision design.
R 9177
Resolution No. 9172001 Series) J
Page 2 of 2
2. The cost to the applicant of strict or literal compliance with the regulations is not the
sole reason for granting the modification because the exception will result in a more
desirable living environment for the residents of the site.
3. The modification will not be detrimental to the public health, safety and welfare,
or be injurious to other properties in the vicinity because it will result in more consistent
lot sizes in the vicinity, will maintain the aesthetic amenities of existing mature trees,
will preserve outdoor space that is shielded from traffic noise and will result in
individual homeownership of the two residences and a greater level of property
maintenance, which will benefit the neighborhood as a whole.
4. Granting the modification is in accord with the intent and purposes of the
Subdivision Regulations, and is consistent with the general plan and with all applicable
specific plans or other plans of the City because the proposed lots are similar in size and
consistent with the pattern of development in the neighborhood.
SECTION 3. Action. That the approval of Lot Line Adjustment 179 -00, 596 Toro,
be subject to the following conditions:
1. All utility services serving the existing residence that cross the new property lines
must be removed (e.g water, sewer, telephone, cable, gas, and electric lines). All new utility
services serving the reconfigured lots shall be underground.
2. All driveways and parking surfaces shall be paved with an all- weather surface such
as asphaltic concrete or concrete. Alternative permanent paving, such as grass - crete,
decorative pavers, or concrete wheel strips may used, to the approval of the Community
Development Director, consistent with the Parking and Driveway Standards.
3. The hedges adjacent to the driveway shall be pruned or removed to comply with
City criteria for obstructions adjacent to driveways, to the approval of the Public Works
Department. Sight distance to vehicles or pedestrians in the street right -of -way shall be
maintained.
4. A single driveway may be constructed to serve both driveways, with the final
alignment of the driveway approach to be designed to the approval of the Public Works
Director.
5. The lot line adjustment map shall be modified so that each lot has a minimum area
of 6,000 square feet.
6. The lot line adjustment shall be finalized with either a parcel map or a lot line
adjustment agreement. If the agreement is pursued, the applicant shall submit a
"Declaration of Lot Line Adjustment ", along with recording and processing fees, and an 8-
1/2 x 11 map exhibit suitable for recording, to the City Engineer for review, approval and
recordation, based on samples available in the Community Development Department.
Resolution No. 917/
Page 3 of 3
7. Prior to finalization of the Lot Line Adjustment the applicant shall coordinate with
the Community Development Department to have a new address assigned to the residence _
on Parcel `B ". The new address shall be on Phillips Lane.
8. The lot line adjustment warrants an investigation of the condition of the sewer
lateral(s) currently serving the two residences. It is advised that the sewer lateral be video
inspected. The City can assist in the evaluation and possibly the repair of the sewer
lateral(s). The owner should contact the Utilities Department at 781 -7215 and request an
application to the Voluntary Sewer Lateral Repair Program. The City will then video
inspect the sewer lateral and make recommendations for repair or replacement. Through the
program, each property could be eligible for reimbursement of 50% of the
repair /replacement cost, up to a maximum of $1,000 per property.
On motion of Council Member Mulholland, seconded by Council Member
Schwartz, and on the following roll call vote:
AYES: Council Member Marx, Mulholland, Schwartz, Vice Mayor Ewan,
and Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 24th day of April 2001.
ATTEST:
M,
Lee Price, City Clerk
APPROVED AS TO FORM:
./,. '11 ;� _
L'
�� ���� � �
� ��_ �..
����o�
CJ
����
RESOLUTION NO. 9176 (2001Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING A USE PERMIT
ESTABLISHING A MASTER LIST OF USES AND A PARKING REDUCTION
FOR A MIXED -USE PROJECT AT 811 EL CAPITAN (GP/R/U/ER 108-00)
WHEREAS, the Planning Commission conducted public hearings on January 24,
2001, and recommended approval of a use permit to establish a mix of uses on site and to
allow a 26% parking reduction for property located at 811 El Capitan; and
WHEREAS, the City Council conducted a public hearing on March 6, 2001, and
has considered testimony of the applicant, interested parties, the records of the Planning
Commission hearings and actions, and the evaluation and recommendation of staff; and
WHEREAS, the City Council finds that a parking reduction and the mix of uses
attached as Exhibit A are consistent with the General Plan and other applicable City
ordinances.
WHEREAS, the potential environmental impacts of the use permit have been
evaluated in accordance with the California Environmental Quality Act and the City's
Environmental Guidelines (ER 108 -00);
NOW, THEREFORE, 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 mitigated Negative Declaration with the recommended
mitigation therein adequately addresses the potential significant environmental impacts of
the proposed project, and reflects the independent judgment of the City Council. The
Council hereby adopts said mitigated Negative Declaration (ER 108 -00). Mitigation
measures are attached as Exhibit B.
SECTION 2. Findings. The City Council makes the following findings:
1. A 10% parking reduction is consistent with the intent of the zoning regulations
which is to consolidate parking and minimize the area devoted exclusively to parking when
typical demands may be satisfied more efficiently by shared facilities. In this case, several
commercial uses would share a common parking area with residential uses.
2. A 16% mixed -use parking reduction, in addition to the shared use parking reduction,
is appropriate for this project because the times of maximum parking demand from the
various uses will not coincide, specifically parking for the residential uses is likely to be
greater in the evening while demand for commercial spaces is likely to be higher during the
day. This finding assumes the project will include at least 14 residential units.
R 9176
Resolution No. 9176 (2001 Series)
Page 2 of 2
3. The project's proposed mix of uses is consistent with the General Plan, which
encourages mixed residential and commercial development, with uses that are compatible
with the project's surroundings, with neighborhood uses, and with each other.
4. The project's design protects the public health, safety and welfare.
5. The mixed uses provide greater public benefits than single -use development of the
site, such as promoting a compact city, providing more housing than would otherwise be
possible; potentially reducing auto trips by providing jobs, housing and services in
proximity; and increasing safety by having residential uses in commercial areas.
SECTION 3. Parking Reduction. The request for a use permit fora 10% shared -
use and a 16% mixed -use parking reduction is hereby approved, subject to the following
condition:
1. The applicant shall merge the two lots underlying the project site.
2. None of the parking spaces shall be arranged in tandem.
SECTION 4. Master List of Uses. A master list of allowed and conditionally
allowed uses is hereby approved for this project and attached as Exhibit A.
SECTION 5. Effective Date. Approval of this use permit (U 108 -00) shall become
effective at the same time the project rezoning becomes effective, which will be 30 days
after final passage of the rezoning ordinance, and in no case sooner than approval of the
General Plan Map Amendment (GP/R 108 -00).
Upon motion of Vice Mayor Ewan, seconded by Council Member Mulholland, and
on the following roll call vote:
AYES: Council Members Marx, Schwartz, Vice Mayor Ewan and Mayor Settle
NOES: Council Member Mulholland
ABSENT: None
The foregoing resolution was adopted this 20 day of April 2001.
City Clerk Lee Price -
Allen
r i
Resolution No. 9176 (2001 Series)
Page 3 of 3
APPROVED AS TO FORM:
EXHIBIT &Solution No. 9176 (2001 Series)
Approved List of Uses for 811 El Capitan Exhibit A
GP /R/U/ER 108 -00 Page 1 of 1
Allowed Uses:
1. Advertising and related services (graphic design, writing, mailing, addressing, etc.).
2. Banks and savings and loans.
3. Barbers, hairstylists, manicurists, tanning centers.
4. Caretaker's quarters.
5. Catering Services*
6. Computer services.
7. Credit reporting.
8. Day care center.*
9. Delivery services.
10. Detective and security services.
11. Dry cleaning pick -up point.
12. Dwellings.
13. Florist.
14. Offices (contractors).
15. Offices (engineering).
16. Photocopy services, quick printers.
17. Photofinishing - retail
18. Photofinishing - wholesale; and blueprinting and microfilming service:
19. Photographic studios.
20. Post offices and public and private postal services.
21. Repair services (small household appliances, locksmiths, seamstress, shoe repair).
22. Research and development.
23. Restaurants, sandwich shops, take -out food.
24. Retails sales (indoor sales of building materials and gardening supplies).
25. Retail sales and repair of bicycles.
26. Retail sales (auto parts and accessories except tires and batteries).
27. Secretarial and related services.
28. Ticket/travel agencies.
29. Utility companies - engineering and administration offices.
30. Wholesale and mail -order sales.
Uses Allowed Subject to Administrative Use Permit Approval (to enable evaluation
of compatibility with residential uses and availability of parking):
L Antennas (municipal, commercial, and public utility broadcasting and wireless
communications).
2. Broadcast studios.
3. Churches, synagogues, temples, etc.
4. Laboratories (medical, analytical research).
5. Organizations, offices and meeting rooms.
6. Printing and publishing.
7. Retail sales (appliances, furniture and furnishings, musical instruments; data processing
equipment, business, office and medical equipment stores; catalog stores; sporting goods,
outdoor supply).
8. Schools - business, trade, recreational, or other specialized schools.
* - Prohibited.in the same building with residential uses.
1 of I _
Mitiati easures Exhibit B: .
GP/RN/ER ID8 -00 -Resolution No. 9176 (2001 Series)
Exhibit B
Page 1 Page 1 of 7
EXHIBIT B
Mitigation Measures and Monitoring Program for
Mixed Use project at 811 El Capitan
GP/R/U/ER 108 -00
Land Use
1. The General Plan land. use map designates creeks as open space. The proposed rezoning
exhibit shall show the areas within the creek corridor — between the top of creek bank
and/or outer edge of riparian vegetation, whichever is greater — as Open Space.
Monitoring Program: Review and action on the proposed rezoning.
Geology
2. The project shall be designed so that building footprints and parking areas are setback
a minimum of 20 feet from the top of bank or edge of riparian vegetation, whichever is
greater, for the small unnamed tributary creek that crosses the southeast corner of the site,
and 35 feet from the top of bank or edge of riparian vegetation, whichever is greater, for
the segment of the tributary of Acacia Creek which flows generally parallel to and on the
easterly side of Broad Street and crosses the southwest corner of the site, consistent with
the creek setback ordinance, and as shown of the Creek Setback Classes Map. Any
request for a lesser setback shall be considered by the Planning, Commission and City
Council together with the application for rezoning.
3. Site grading and improvements shall be designed to direct water away from the top of
bank and shall be consistent with the recommendations in the soils engineering report and
slope stability evaluation prepared by GeoSolutions.
Monitorin Program: Creek setback exceptions require. review and approval of a use
permit. The approved creek setback shall be staked with rigid fencing prior to the start of
site grading or demolition. Grading and building plans will be reviewed for compliance
with the soils engineering report and slope stability evaluation prior to issuance of a
permit.
Water
4. Oil and sand separators or other filtering media shall be installed at each drain inlet
intercepting runoff as a means of filtering toxic substances from run off before it enters
the creek through the storm water system. The separator must be regularly maintained to
ensure efficient pollutant removal by the property owner to the satisfaction of the City
Engineer.
5. To be consistent with Land Use Element policy 6.4.7 regarding porous paving, the
project shall comply with the parking and driveway standards for landscaping and use
Exhibit B: Mitigatio; ,asures
GP /R/U /ER 108 -00 resolution No. 9176 (2001 Series)
Pane 2 Exhibit B
Page 2 of 7
porous paving or decomposed granite for any patio and walkway areas in the creek
setback.
6. Plans submitted for architectural review shall include a detail showing how and where
roof drainage will be conveyed in a non - erosive manner.
7. Plans submitted for consideration by the Architectural Review Commission must
clearly demonstrate how the new buildings will meet the minimum requirements of the
City's Flood Damage and Prevention Regulations, and how any necessary revisions, such
as a change in finish floor elevation, to the preliminary plans submitted for the rezoning
and environmental review application will affect ADA requirements and building height.
Monitorin Program: Architectural approval, building permit issuance, and release of
occupancy.
Air Ouality
8. The project shall include to the satisfaction of the APCD and the Community
Development Director:
a. Short- and long -term (lockers) bicycle parking for both the commercial and
residential uses;
b. A pedestrian connection to Broad Street near the apartments (as shown on 6.28.00
plans);
c. Eating facilities and outdoor employee rest area to encourage employees to stay on
site during the lunch hour;
d. Extensive shade tree planting in the parking areas to help reduce evaporative
emissions from automobiles;
e. Sodium lights in the parking lot;
f. Dual- glazed windows;
g. Wall and ceiling insulation to exceed Title 24 requirements; and
h. Energy efficient appliances, furnaces, and wall heaters.
If these features are not included or feasible in the design of new buildings, the project
architect shall document why they were determined to be infeasible. The Community
Development Director shall review this document and make a final decision as to the
feasibility of incorporating these energy conserving features.
Monitoring Program: Architectural approval, building permit issuance, and release of
occupancy.
Biological Resources
9. The applicant shall prepare a creek preservation and maintenance agreement to be
recorded with the County Recorder in a form approved by the City Attorney and the
Exhibit B: Mitigatio(� - asures
GP /R/U /ER 108 -00
Pale 3
r�
`- kesolution No. 9176 (2001 Series)
Exhibit B
Page 3 of 7
Community Development Director prior to issuance of any building or grading permit.
The agreement shall include the following provisions:
a. Provide for professional, perpetual maintenance of the creek and open space area to
the satisfaction of the City's Natural Resources Manager.
b. Grant to the City the right to maintain the creek and open space area if the property
owner fails to perform, and to assess the property owner for expenses incurred, and
the right of the City to inspect the site to assure conditions of the agreement and
project approval are being met.
c. The creek/open space area shall be maintained by the property owner in
accordance with the creek preservation and maintenance agreement as approved
by the City.
d. Erosion control and revegetation to restore the health of the riparian area
consistent with Land Use Element policies.
Monitoring .Program:" Review and approval of agreement prior to building permit
issuance.
10. Exterior project lighting at the rear of buildings along the creek shall be limited to
bollard lighting along the proposed path at the top of bank to the satisfaction of the City's
Natural Resource Manager and the Community Development Director.
Monitoring Program: Architectural review and building permit issuance, and release of
occupancy.
Energy
11. New buildings constructed on this site shall incorporate the following as feasible:
a. Energy - efficient lighting systems for both interior and exterior use;
b. Increased wall and attic insulation beyond Title 24 requirements;
c. Skylights or other means of maximizing natural daylighting;
d. Operable windows in employee work and break areas to maximize natural
ventilation;
e. Lighting controls (occupancy and motion sensors); and
f. Dual glazed windows.
If these features are not included or feasible in the design of new buildings, the project
architect shall document why they were determined to be infeasible. The Community
Development Director shall review this document and make a final decision as to the
feasibility of incorporating these energy conserving features.
Monitoring Program:. Architectural review and building permit issuance, and release of
occupancy.
Exhibit B: Mitigation, asures
GP /R /U /ER 108 -00
Pale 4
Traffic and Circulation
-Resolution No. 9176 (2001 Series)
Exhibit B
Page 4 of 7
12. The property owner shall dedicate the northerly 0.9m (3 feet) of the subject property
along El Capitan for public street purposes to accommodate the adopted right of way
(additional parkway behind sidewalk) and that portion of the northwesterly corner of the
property at the comer of El Capitan & Broad (State Hwy. 227) necessary to accommodate
a new City standard 9.1 m (30 ft) radius curb return and handicap ramp, to the satisfaction
of the Director of Public Works and Caltrans.
13. The developer shall install complete frontage improvements along both public street
frontages, consisting of a 6' wide integral sidewalk, curb & gutter, driveway ramps, a
handicap ramp at the comer, streetlights, a sidewalk. incorporated into the Caltrans bridge
(Broad St.) and street pavement (between existing structural pavement and new frontage
improvements), to the satisfaction of the Director of Public Works and Caltrans (Broad
St.).
14. Plans submitted to the Architectural Review Commission shall clearly show to scale
the required right -of -way dedication and frontage improvements relative to the proposed on-
site improvements.
15. The applicant shall apply for a use permit for the proposed parking reduction. Action
on the request shall take into account available public transit, available on -street parking,
the potential impact on the El Capitan residential neighborhood, the location and design
details for long term bicycle parking and related amenities, other amenities to encourage
walking and bicycling to the site, and the likelihood for additional bicycle parking to
offset demand for vehicle spaces.
16. Plans submitted for architectural review shall show long term bicycle parking for
both the commercial area and the apartments that is adequately sized to the satisfaction of
the Public Works Director. The long -term bicycle parking for the commercial uses shall
be installed as part of the shell building construction together with common shower,
toilet, and clothes locker facilities.
17. To avoid interference with Airport operations:
a. The applicant shall grant an avigation easement to the County prior to issuance of
building permits.
b. Project occupants and land uses shall comply with the land use compatibility
matrix of the San Luis Obispo Airport Land Use Plan for properties in the Zone 5.
Conditionally compatible uses (including dwellings) shall occupy no more than
60% of the project floor area.
c. Lease and rental agreements shall disclose that the property is in an airport flight
traffic zone and that noise impacts may occur as a result of this. Such disclosure
Exhibit B: Miti�atid easures
GP /R/U /ER 108 -00
Page 5
'Resolution No. 9176 (2001 Series)
Exhibit B
Page 5 of 7
statement shall be submitted to the Airport Manager for review and approval prior
to occupancy.
d. Radio transmissions which may interfere with airport operations shall be
prohibited.
e. Soundproofing shall be added to reduce indoor noise from airport operations
consistent with the City Noise Element and Noise Ordinance and the ALUC's
recommended conditions of approval.
f All exterior lighting shall be shielded down lights that do not shine skyward or
interfere with airport operations. Search lights and strobe lights shall be
prohibited.
Monitoring Program: Architectural review and building permit issuance, and release of
occupancy.
Noise
18. To comply with the City's Noise Element and conditions of approval recommended
by the Airport Land Use Commission:
a. Sleeping areas must be designed to achieve a maximum noise exposure of 40
decibels.
b. Other interior areas must be designed to achieve a maximum noise exposure of 45
decibels.
c. Private residential outdoor spaces must be designed to achieve a maximum noise
exposure of 60 decibels.
d. Common residential /commercial outdoor areas must be designed to achieve a
maximum noise exposure of 65 decibels.
19. The project shall comply with all recommended mitigation measures outlined in the
noise study prepared for this project by Krause Engineering Services, date September 21,
2000, and shall include any additional measures necessary to meet requirements
established by the Airport Land Use Commission.
Monitoring Program: To monitor the effectiveness of mitigation measures, the applicant
shall arrange for a qualified noise consultant to take interior and exterior sound level
readings at the completion of construction and prior to occupancy. The number and
location of readings shall be to the satisfaction of the Community Development Director.
If readings do not meet specified objectives, a qualified noise consultant shall identify
additional measures necessary to meet the objectives. Such measures shall be
incorporated into the project prior to release of occupancy.
Utilities and Service Systems
20. The new buildings shall incorporate facilities for interior and exterior on -site
Exhibit B: Mitigatio0 asures
GP /R/U /ER 105 -00
Page 6
l
esolution No. 9176 (2001 Series)
Exhibit B
Page 6 of 7
recycling. Plans submitted for architectural review shall show the exterior location for
collecting recycling from both the commercial users and the on -site residents to the
satisfaction of the garbage collection company.
21. A new sewer lateral must be installed-and the existing septic system abandoned to the
satisfaction of the Director of Public Works.
22. A plan for recycling demolition and construction material waste shall be submitted
with the demolition and building permit applications for review and approval by the
Community Development Director. If asbestos is present, its removal must comply with
National Emissions Standards for Hazardous Air Pollutants to the satisfaction of the Air
Pollution Control District.
Monitoring Program: Architectural approval, building permit issuance, and release of
occupancy.
Aesthetics
23. The applicant must submit an application for architectural review. The application
shall include a color and materials board with samples of the actual colors and materials
proposed for the buildings and /or color photographic excerpts from manufacturers' cut
sheets depicting the proposed roofing, windows and doors, exterior walls, columns,
exterior lighting, tile, etc. Architectural plans must also include a construction detail of
the mechanical equipment proposed and its roof- mounted installation; a construction
detail of window and sill installation; a detail of the proposed cornice and eave design; a
detail of the proposed upper level columns and the metal awnings on the east elevation of
Building A; a detail of the overflow scuppers for the decks; a detail of short-term bike
racks; a detail of long term bicycle parking in both the commercial area and the
residential units; and any other design detail which the Community Development Director
deems necessary to adequately evaluate the proposed project..
24. Exterior lighting shall be directed downward and not spill onto adjoining properties.
The maximum height of any parking lot lighting, including fixtures, standard and base,
shall not be higher than 15 feet above the finished grade. Lighting levels measured at the
finished grade directly beneath the fixture shall not exceed 10 foot - candles. Any
individual wall - mounted fixtures shall not be located above the first floor of the building
and shall direct light downward. Exterior light fixtures shall be subject to review and
approval by the Architectural Review Commission.
Monitoring Program: Architectural approval, building permit issuance, and release of
occupancy. The applicant shall submit a photometric diagram of parking lot lighting for
review and approval as part of the building permit application.
Exhibit B: Mitigatio�:•asures
GP /R/U /ER 108 -00
Page 7
Cultural Resources
kesolution No. 9176 (2001 Series)
Exhibit B
Page 7 of 7
25. If any archaeological resources are found during site preparation, all earth -work within
150 feet of 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.
If the Community Development Director or hearing body determines that the above
mitigation measures are ineffective or physically infeasible, he may add, delete or modify
the mitigation to meet the intent of the original measures.
Monitoring Program: A qualified archaeologist shall survey the site once demolition and
initial site grading are completed. Prior to foundation inspection, the archaeologist shall
submit a summary report of the survey.
�,L�y ' , O O
,�
� ��� ���
�'
r/�
,��
�� ?�✓
C) -
RESOLUTION NO. 9175 (2001 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING THE LAND USE ELEMENT MAP OF THE GENERAL PLAN
FOR PROPERTY LOCATED AT 811 EL CAPTTAN FROM MEDIUM - DENSITY
RESIDENTIAL TO SERVICES AND MANUFACTURING
(GP/R/U/ER 108 -00)
WHEREAS, the Planning Commission conducted a public hearing on January 24,
2001, and recommended approval of the proposed map amendment to the General Plan
Land Use Element; and
WHEREAS, the City Council conducted a public hearing on March 6, 2001, 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 finds that the proposed map amendment is consistent
with other policies of the General Plan; and
WHEREAS, the City Council has considered the draft mitigated Negative
Declaration of environmental impact as prepared by staff and reviewed by the Planning
Commission; and
NOW, THEREFORE, 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 the project's mitigated
Negative Declaration adequately addresses the potential significant environmental impacts
of the proposed project, and reflects the independent judgment of the City Council. The
Council hereby adopts said mitigated Negative Declaration and incorporates the following
mitigation measures as outlined in Exhibit B, the mitigation agreement, into the project.
SECTION 2. The Land Use Element map is amended as shown on Exhibit A,
attached.
SECTION 3. The Community Development Director shall cause the amendment to
be reflected in documents which are on display in City Hall and which are available for
public use.
SECTION 4. This amendment shall take affect at the expiration of 30 days
following approval.
R 9175
Resolution No. 9172001 Series)
Page 2 of 2
On motion of Vice Mayor Ewan, seconded by Council Member Marx, and on the
following roll call vote:
AYES: Council Members Marx, Schwartz, Vice Mayor Ewan and Mayor
Settle
NOES: Council Member Mulholland
ABSENT: None
The foregoing resolution was passed and adopted this 2e day of April 2001.
Settle
ATTEST:
City Clerk Lee
APPROVED AS TO FORM:
Resolution No. 91/.7 (zuUI)
C' J EXHIBIT A
811 EL CAPITAN *
�o
G
anity ma
053 -411 -003
Medium- Density Residential
to Services and Manufacturing
General Plan Map Amendment GP /R 108 -00
IT